2013-06-04_ENFORCEMENT - C1981014

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2013 /JUN /04 /TUE 03:17 PM Rich A Munson FAX No,303 932 0384 P,002 ENERGY FUELS COAL, INC. 115 MAIN STREET PO BOX 459 FLORENCE, CO 81226 (719) 784 -6395 TELEPHONE (719) 784 -4352 FACSIMME Rich A. Munson Executive 'V'ice President 4 June 2013 Janet Binns Department of Natural Resources Division of Reclamation, Mining & Safety 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Permit No. C- 1981 -014 NOV /CO No.: CV -2013 -002 — Issued 28 January 2013 Notice of Fixed Penalty — Issued 6 May 2013 bequest for A Board Rearing. to Contest the Fact of the Violation and the Fixed )Penalty pursuant to Section 5A4.04(l) of the Regulations of the Colorado Mined Laud Reclamation Board for Coal Mining Dear Ms. $inns: This letter is a request to the Mined Land Reclamation Board (the "Board ") for a public hearing on the Fact of the Violation and the Fixed Penalty as set forth in your letter dated 6 May 2013, received by Energy Fuels Coal, Inc. ( "EF Coal ") on 8 May 2013. Payment of the Fixed Penalty is being submitted under separate cover. Violation CV- 2013 -002 (the "NOV ") concerns a groundwater monitor well commonly referred to as MW -NW. The Division alleges that MW -NW is not functioning as intended and ordered EF Coal to undertake remedial actions, In brief, EF Coal submits that the NOV should be vacated because MW -NW continues to serve the purpose of detecting, measuring and sampling water in the Southfield mine workings if and when any water is present. Despite the existence of a partial obstruction in MW NW, the borehole is in communication with the mine workings as demonstrated to a DBMS Inspector and the location of the partial obstruction at a mere 20 feet above the estimated elevation of the original mine workings does not alter the ability of the Operator to monitor for the presence of water in the mine workings.