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<br />At the time of issuance of the Ten Day Notices by OSM and the Notice of <br />Violation by the Division, Energy Fuels Mining Company, as operator of <br />the mine for Raton Creek Associates, Ltd., was in control of the Animas <br />Mine although not the approved permittee. As approved permittee, <br />Sundance Coal Company was cited in the NOV; Energy Fuels !lining Company, <br />however, responded. Consideration of this response by the Division <br />subsequently resulted in vacation of the violation. In regard to the <br />issues raised in the second TDN, Energy Fuels Mining Company was required <br />by the Division to submit a revision to the permit by September 10, <br />1987. In recognition of the magnitude of the effort required for this, <br />the date of submittal of the revision was later modified to October 10, <br />1987. <br />Based on information supplied by the applicant and from the Division's <br />own investigation, Energy Fuels Mining Company is in compliance with Rule <br />2,07.6(2)(9) in that it does not own or control any operations currently <br />in violation of any law, rule, or regulation of the United States, or <br />any state law, or regulation or any provision of the Surface Mining <br />Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act. <br />Based on information supplied by the applicant and from the Division's <br />own investigation, Energy Fuels Mining Company is in compliance with Rule <br />2.07,6(2)(h) in that it does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violation of the Act of <br />such nature, duration, and with such resulting irreparable damage to the <br />environment as to indicate an intent not to comply with the provisions of <br />the Act. <br />The present and proposed operations are in compliance with the <br />requirements of this section. <br />II. Land Use - Rules 2.04.3. 2,05.5, and 4.16 <br />This section of the original Findings remains adequate for the Animas <br />Mine site during the permit renewal term. Now as before, it is proposed <br />that the mine site be returned to use as rangeland following approved <br />reclamation activities. The three railroad loadouts located in the City <br />of Trinidad, added to the permit area during the first permit term, will <br />be reclaimed for use as coal loading sites. The Division has approved <br />these proposed post-mining land uses. <br />The present and proposed operations are in compliance with the <br />requirements of this section. <br />III. Cultural and Historic Resources - Rules 2,04,4 and 2.05,6(4) <br />A current file search was prepared at the operator's request by the <br />Colorado Historical Society. This search indicated no cultural or <br />historic resource within the permit area, a result consistent with the <br />original Findings. <br />The present and proposed operations are in compliance with the <br />requirements of this section. <br />_ll_ <br />