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<br />SUMMARY <br />History of the Review Process <br /> <br />A number of small underground mines were operated in and closely adjacent to <br />the Animas Mine site from the late 1800's into the early 1900's. In 1978, the <br />Animas Coal Company opened a small underground operation in the area called <br />the Helen tAine. An interim coal mining permit was issued to the Animas Coal <br />Company, Inc. for the Helen Mine on February 28, 1979 pursuant to the Colorado <br />Mined Land Reclamation Act. Operations continued under this permit until <br />August 15, 1981 when the interim permit expired and the company ceased <br />operation. Animas Coal Company, Inc. had submitted a new permit application <br />and was in the process of responding to the Preliminary Adequacy Review when <br />the operation was purchased by the Sundance Coal Company in April, 1982. <br />Sundance Coal Company became the new permittee on the application initially <br />submitted by Animas Coal Company, Inc. The name of the mine was changed from <br />the Helen Mine to the Animas Mine. On August 16, 1982, permanent program <br />permit No. C-82-055 was issued to Sundance Coal Company for the Animas Mine. <br />After the acquisition of the property, Sundance Coal Company opened the Animas <br />Mine on the south face of Starkville Gulch in the lower Starkville seam. The <br />mine was later driven upward into the upper Starkville seam. Sundance Coai <br />Company also opened and briefly operated a new Helen Mine in the lower <br />Starkville seam on the north face of Starkville Gulch. The new Helen Mine was <br />located west of the earlier Animas Coal Company, Inc. operation, On July 9, <br />1984, the Division was notified by Sundance Coal Company that operations at <br />the Animas/Helen Mine complex were temporarily suspended. Active operations <br />were not resumed at the mine during the remainder of the first permit term. <br />In accordance with Rule 2.08.5, the Division notified Sundance Coal Company on <br />November 18, 1986, by way of their agent, Panorama Resource Services, Denver, <br />Colorado, that an application for renewal of the Animas Mine permit should be <br />filed by February 16, 1987 or 180 days prior to expiration of the existing <br />permit on August 16, 1987. Sundance Coal Company subsequently filed a <br />complete application for renewal of their permit on April 7, 1987. On April <br />30, 1987, during the Division's adequacy review of the application, the Animas <br />Mine was sold by Sundance Coal Company to Raton Creek Associates, Ltd., a <br />limited partnership. On the date of the sale, a request for transfer of the <br />permit for the Animas Mine from Sundance Coal Company to Energy Fuels Mining <br />Company was submitted to the Division. Energy Fuels Mining Company had been <br />authorized by Raton Creek Associates, Ltd, to conduct coal mining activities <br />on the Animas property. <br />The application for renewal of the permit had been filed by Sundance Coal <br />Company. Since Energy Fuels Mining Company was not approved for transfer of <br />the Animas Mine permit at the conclusion of the review of that application, <br />the Division's preliminary adequacy letter was addressed to Sundance Coal <br />Company on June 2, 1987. The response, however, was made by Energy Fuels <br />Mining Company on July 14, 1987 acting in its capacity as operator of the <br />property for the actual owner, Raton Creek Associates, Ltd. The transfer of <br />the permit to Energy Fuels Mining Company was approved by the Division on <br />September 18, 1987. <br />-7- <br />