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STATE OF COLORADO <br />BIII Ritter, Jr., Governor <br />James B. Martin, Executive Director <br />Dedicated to protecting and improving the health and environment of the people of Colorado <br />4300 Cherry Creek Dr. S. <br />Denver, Colorado 80246-1530 <br />Phone (303) 692-2000 <br />TDD Line (303) 691-7700 <br />Located in Glendale, Colorado <br />http://www.Gdpho.state.co,us <br />December 24, 2008 <br />Laboratory Services Division <br />8100 Lowry Blvd. <br />Denver, Colorado 80230-6928 <br />(303) 692-3090 <br />Frank Filas <br />Energy Fuels Whirlwind Mine <br />44 Union Blvd., Ste. 600 <br />Lakewood, CO 80228 <br />of • Soto <br />h? O <br />1876 <br />Colorado Department <br />of Public Health <br />andEnvirottment <br />Subject: Compliance Inspections of Industrial Wastewater Treatment Facility (CDPS No. CO-0047562); <br />Energy Fuels Whirlwind Mine; Mesa County <br />Dear Mr. Filas: <br />This letter serves to report the results of the compliance inspections conducted by the Engineering <br />Section of the Water Quality Control Division ("the Division") on the above-referenced facility on <br />December 16, 2008. The assistance of Jeff Osborne and Zach Rogers was very helpfid and greatly <br />appreciated. I have enclosed a copy of the inspection reports for your records. <br />INDUSTRIAL WASTEWATER SYSTEM <br />Violations <br />During the inspection, the following violations were noted and need to be brought to your attention: <br />None noted. <br />Permit Issues <br />During the inspection, we observed that facility conditions are accurately represented in the permit. <br />Self-Reported Data Review <br />During the inspection self-reported compliance data contained in your discharge monitoring reports <br />(DMR) were reviewed/discussed from October 2007 to October 2008 and the following violations were <br />discussed: <br />Selenium-11/07, 22/07, 1/08, 6/08, 7/08, 9/08 <br />TSS - 2/08, 3/08, 5/08 <br />Radium 226 -12/07, 1/08 <br />pH -- 2/08 <br />You have been responding to our Compliance Assurance and Data Management (CADM) Unit <br />regarding these violations, please continue that effort to resolve these issues. <br />Ifr ?, 9 ,,Rtl