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I. Identification <br />NOV /CO No.: CV- 2013 -002 Type of Violation: <br />Date Issued: January 28, 2013 Administrative <br />Mine: Southfield Mine x Performance Standard <br />Permit No.: C- 1981 -014 Permit Condition <br />Operator /Permittee: Energy Fuels Coal, Inc. <br />II. Mandatory Penalties <br />A. History <br />Cessation Order <br />Failure to Abate - $750 to $5,000 /day x <br />Mining without a Permit <br />III. Penalty Calculation Criteria - Rule 5.04.6 <br />Source of Information or Assessment: <br />0 NOVs past 12 months x $50 = $0.00 <br />0 COs past 12 months x $250 = $0.00 <br />B. Seriousness <br />Severe $1,500 $1,750 The monitoring well is needed to document water levels and <br />Significant $1,000 $1 250 water quality at Phase III bond release to support predictions <br />Low /Moderate $250 I I $750 made in the statement of probable hydrologic consequences. <br />Insignificant $0 With the blockage, conditions below the wooden block are <br />Administrative unknown and the water level cannot be measured. The well <br />has been blocked for almost a year. <br />C. Fault <br />Intentional $1,000 $1 250 $1,500 EFCI has made unsuccessful attempts to repair the well and to <br />Negligence $250 I I $750 make an argument that the monitoring level should be raised. <br />The blockage detected by the down hole camera on May 15, <br />2012 remains, although most of the cable has been removed. A <br />low -mid level of negligence is proposed. <br />Unavoidable $0 <br />D. Number of Days Penalty Assessed <br />E. Good Faith (May not exceed $1,250) <br />Credit - Extraordinary Effort <br />Credit - Rapid Compliance <br />Sandra L. Brown <br />COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />Civil Penalty Worksheet <br />days <br />Category Comments <br />x Operator /Permittee x Division <br />$0.00 The NOV has not been abated; no good faith is proposed. <br />Total $1,000.00 <br />Assessment Officer <br />Date: March 1, 2013 <br />