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C~ <br /> <br />energy fuels nuclear, inc. <br />one tabor center • suite 2500 (303) 623-6317 <br />1200 seventeenth str~;et • denver, Colorado 60202 twx 910-931-2561 <br />fax 303-595-0930 <br />December 28, 1994 <br /> <br />Dtl; 2 S tQ94 <br />HAND DELIVER <br />Mr. Bruce Humphries: DIViSionoiw~n~e,a~~au~u~uyy <br />Mineral Program SuFlervisor <br />State of Colorado department of Natural Resources <br />Division of Minerals and Geology <br />1313 Sherman Street:, Room 215 <br />Denver, CO 80203 <br />Re: Appeal oi` Notice of Determination as Designated Mining <br />Operation, west Sunday Mine Permit No. M-81-021, San <br />Miguel County <br />Dear Mr. Humphries: <br />In response t.o your letter of November 14, 1994, and as <br />provided by Rule 7.2.4 of the Mineral Rules and Regulations of the <br />Colorado Mined Lanil Reclamation Board as amended in April, 1994, <br />the purpose of this: letter is to advise the Office of Mined Land <br />Reclamation (Office:) that Energy Fuels Nuclear, Inc. (EFNI) does <br />not agree that the West Sunday Mine is a Designated Mining <br />Operation (DMO). EFNI disputes the designation for the following <br />reasons: <br />1. The West Sunday Mine operation does not meet the criteria for <br />designation provided in Rule 1 of the Mineral Rules and <br />Regulations of the Colorado Mined Land Reclamation Board, as <br />amended in April, 1994 (Rule 1). <br />2. The criterion given in the letter, which was applied to <br />determine that the West Sunday Mine would be a DMO, is not one <br />of those listed in Rule 1. <br />3. Reclamation a<:tivities carried out concurrent with mining <br />operations, and stormwater management measures ensure that no <br />toxic or acid-forming materials are exposed or disturbed in <br />quantities su:Eficient to adversely affect human health, <br />property, or t:he environment. <br /> <br />