2009-02-03_ENFORCEMENT - M2005050

• Permit No: M2005050
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 2/3/2009
• Doc Name: Notice of outstanding issues
• From: DRMS
• To: Bluerock Energy Corporation
• Email Name: GRM
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
6W111
COLORADO
D IV IS I ON OF
RECLAMATION
MINING
SAFETY
February 3, 2009 ? RP-CENED
Hal T. Richins FEB U 9 2000
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Bluerock Energy Corporation Division of Reclamation, Ronald W. Cattany
P.O. Box 459 MiniN and Safety Division Director
Nucla, CO 81424 / Natural Resource Trustee
Re: Notice of Oy?Kianding Issues Regar#ng Designated Mi?ying Operation Determination,
J-Birds Mine, Permit No. M-2005-050, Final Notice.
Dear Mr. Richins,
On June 6, 2008 the Division of Reclamation Mining and Safety (DRMS) sent Bluerock Energy
Corporation notification of a change in the law regarding uranium mine classifications. Per House Bill
1161 which was signed into law on May 20, 2008 all uranium mines are now defined as Designated
Mining Operations (DMO's). As a result of HB 1161, DRMS inspected Bluerock Energy's J-Bird Mine
active operational conditions, reviewed file documents, and has determined that the existing permit, File
No. M-2005-050 is a Designated Mining Operation. Therefore, Bluerock Energy was notified that it
must submit an Environmental Protection Plan (EPP) required under Rule 6.4.20 and per Rule 7.1.3(2)
within 180 days of the July 28, 2008 correspondence. The 180 day limitation was February 2, 2009.
Further correspondence from DRMS to Bluerock on December 8, 2008 reminded Bluerock of the
required EPP and other outstanding issues. As of February 2, 2009 DRMS has not received the required
submittals which appears to be a violation of the rules and act. DRMS is giving Bluerock Energy until
February 20, 2009 to correct the noted deficiency and other outstanding issues noted in prior
correspondence before implementing enforcement action. This is DRMS's final request for the required
EPP and corrections to the mine and reclamation plans.
To clarify what DRMS is requiring to bring the permit into compliance review the following:
A) Submittal of a 110(2) to 110(d) conversion application with the above referenced EPP,
B) Within the conversion application the Mine Plan and Reclamation Plan must be revised to
address the changes Bluerock Energy has done that do not comply with the currently approved
plans. Those issues include, but are not limited to, the relocation of the portal, reconfiguration of
waste dumps and portal security features that meet DRMS specifications, and
C) Clarification of Temporary Cessation of activities on site since October of 2008.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines