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STATE OF COLORADO
<br />DIVISION OF RECLAMATION, MINING AND SAFETY
<br />Department of Natural Resources
<br />1313 Sherman St., Room 215 COLS RA D O
<br />p I V I S I ION Of
<br />Denver, Colorado 80203 RECLAMATION
<br />Phone: (303) 866 -3567 MINING
<br />FAX: (303) 832 -8106 —&—
<br />SAF ETY
<br />June 20, 2013
<br />Re: Request for Hearing regarding NOV No.: CV- 2013 -002 and Fixed Civil Penalty
<br />Dear Mr. Munson:
<br />This letter confirms that the Division of Reclamation, Mining, and Safety ( "Division ") received
<br />Energy Fuels Coal, Inc.'s ( "Energy Fuels ") written request for hearing regarding CV- 2013 -002
<br />and the associated fixed civil penalty dated June 4, 2013. In accordance with your letter, the
<br />Division is preparing to schedule the formal hearing for the July meeting of the Mined Land
<br />Reclamation Board ( "Board "). At the formal hearing on this matter, the Board will first consider
<br />whether to request an investigation by the Division pursuant to Rule 5.03.5(2). If the Board
<br />requests the investigation, the formal hearing likely will be continued to the August meeting. If,
<br />however, the Board does not request an investigation, the formal hearing will proceed.
<br />Per Rule 5.03.5(3), the Board is required to hold a formal hearing within sixty days of receiving
<br />Energy Fuels's request for hearing, which is why the hearing is tentatively scheduling for the
<br />July meeting. However, the Division requests that Energy Fuels waive this requirement. The
<br />Division requests the waiver to allow Energy Fuels and the Division to explore resolution of the
<br />matter and, perhaps, avoid the need for a Board hearing on this matter. If resolution is not
<br />possible, the Division would schedule the formal hearing for the Board's August meeting. If
<br />Energy Fuels consents to waiving the sixty -day requirement, please confirm the same in writing.
<br />Please do not hesitate to contact me regarding this matter.
<br />If you have any questions, please contact me at 303- 866 -3567 ext. 8107
<br />Sincerely,
<br />Janet H. Binns
<br />Environmental Protection Specialist III
<br />CC: Mr. George Patterson
<br />Energy Fuels Coal, Inc
<br />P.O. Box 459
<br />Florence, CO 81226
<br />Office of Office of
<br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
<br />John W. Hickenlooper
<br />Rich A. Munson
<br />Governor
<br />Executive Vice President
<br />Mike King
<br />Energy Fuels Coal, Inc.
<br />Executive Director
<br />8081 Shaffer Parkway, Suite 4
<br />Loretta Pineda
<br />Littleton, CO 80127 -3714
<br />Director
<br />Re: Request for Hearing regarding NOV No.: CV- 2013 -002 and Fixed Civil Penalty
<br />Dear Mr. Munson:
<br />This letter confirms that the Division of Reclamation, Mining, and Safety ( "Division ") received
<br />Energy Fuels Coal, Inc.'s ( "Energy Fuels ") written request for hearing regarding CV- 2013 -002
<br />and the associated fixed civil penalty dated June 4, 2013. In accordance with your letter, the
<br />Division is preparing to schedule the formal hearing for the July meeting of the Mined Land
<br />Reclamation Board ( "Board "). At the formal hearing on this matter, the Board will first consider
<br />whether to request an investigation by the Division pursuant to Rule 5.03.5(2). If the Board
<br />requests the investigation, the formal hearing likely will be continued to the August meeting. If,
<br />however, the Board does not request an investigation, the formal hearing will proceed.
<br />Per Rule 5.03.5(3), the Board is required to hold a formal hearing within sixty days of receiving
<br />Energy Fuels's request for hearing, which is why the hearing is tentatively scheduling for the
<br />July meeting. However, the Division requests that Energy Fuels waive this requirement. The
<br />Division requests the waiver to allow Energy Fuels and the Division to explore resolution of the
<br />matter and, perhaps, avoid the need for a Board hearing on this matter. If resolution is not
<br />possible, the Division would schedule the formal hearing for the Board's August meeting. If
<br />Energy Fuels consents to waiving the sixty -day requirement, please confirm the same in writing.
<br />Please do not hesitate to contact me regarding this matter.
<br />If you have any questions, please contact me at 303- 866 -3567 ext. 8107
<br />Sincerely,
<br />Janet H. Binns
<br />Environmental Protection Specialist III
<br />CC: Mr. George Patterson
<br />Energy Fuels Coal, Inc
<br />P.O. Box 459
<br />Florence, CO 81226
<br />Office of Office of
<br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
<br />
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