REP11535

• Permit No: M1981021
• IBM Index Class Name: Report
• Doc Date: 2/2/1995
• Doc Name: APPEAL OF NOTICE OF DETERMINATION AS DESIGNATED MINING OPERATION WEST SUNDAY MINE PN M-81-021 SAN MI
• From: DMG
• To: ENERGY FUELS NUCLEAR INC
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Natural Resources
1713 Sherman SI., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
February 2, 1995
Ms. Michelle R. Rebmann
Environmental Coordinator
Energy Fuels Nuclear, Inc.
One Tabor Center, Suite 2500 ~ ~~
1200 - 17th Street
Denver, CO 80202
RE: Appeal of Notice of Determination as Desi~ated Mining Operation,
West Sunday Mine, :Permit No. M-81-021,/San Miguel County
Dear Ms. Rebmann:
I~~~~
DEPARTMENT OF
NATURAI:
RESOURCES
Roy Romer
Governor
lama S. Lochhead
Ezecutive DirmOr
Michael B. Long
Division Dneaor
The Division has received and reviewed your letter disputing the Division's determination
that the West Sunday Mine is, a Designated Mining Operation. Pursuant to Rule 7.2.4(1)(a),
the Office shall meet with the: Operator to discuss the pending designation. If you will give
me a call in the next week, or so, we can work out a date and time that will be convenient
for both of us. Prior [o setti»g up a meeting date I would suggest you provide me with
documentation, and evidence, that will substantiate the reasons you think the
West Sunday Mine should not be considered a designated mining operation. The meeting
will be more productive if I can have a week, or two, to review the evidence or
documentation.
On page one (1) of your letter you state "EFNI disputes the designation for the following
reasons: 1) The West Sunday Mine operation does not meet the criteria..." I disagree with
your statement because Rule l(12)(b) says a mining operation at which toxic-forming
materials will be exposed or disturbed as a result of mining operations shall be a designated
mining operation. Toxic-producing materials are those that produce materials which contain
detrimental amounts of chemical constituents.
On page two (2) of your letter you contend that "no toxic-forming materials are exposed or
disturbed as a result of minis;; operations". The approved permit states that uranium and
vanadium, both metal compounds, will be mined from the West Sunday Mine. Uranium,
vanadium, and their byproducts in certain concentrations are toxic materials. Waste rock and
ore will be stockpiled outside the West Sunday adit. The Division considers there is a
reasonable potential for toxic materials to exit the permit area and/or adversely affect human
health, property, or the environment.