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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 <br />COLORADO <br />Denver, Colorado 80203 <br />D I V ISION O F <br />RECLAMATION <br />Phone: (303) 866 -3567 <br />MINING <br />FAX: (303) 832 -8106 <br />SAFETY <br />January 7, 2014 <br />John W. Hickenlooper <br />Loretta Pineda, Director Governor <br />Colorado Division of Reclamation, Mining and Safety Mike King <br />1313 Sherman Street, Room 215 Executive Director <br />Denver, CO 80203 Loretta E. Pineda <br />Director <br />RE: Division Justification for Approving the Extension of Abatement Time Beyond 90 Days <br />Dear Ms. Pineda: <br />Please find the attached letter from Energy Fuels Coal, Inc. (EFCI) requesting an extension of <br />abatement time beyond 90 days from the issuance of NOV -CV- 2013 -002 for the Southfield Mine. <br />The Division wrote NOV -CV- 2013 -002 on January 28, 2013 (received by certified mail by EFCI on <br />2/1/2013) for failure to maintain a groundwater monitoring well in accordance with the approved <br />water monitoring plan. <br />The abatement steps were to: <br />1) Repair the well (a block of wood is stuck at 354 feet down the well) or replace the well. <br />2) Provide proof to the Division that EFCI has applied for a monitoring well permit with CDWR in <br />accordance with Rule 2.3.10. <br />In addition, a fine was associated with this NOV. EFCI paid the $1000.00 civil penalty on June 5, <br />2013. <br />The abatement due date for the abatement steps has been extended in the past to: <br />• give EFCI time to develop a solution to the problem, <br />• allow the Division to evaluate hydrologic information from EFCI, and <br />resolve Technical Revision No. 40, a proposed change to the approved water monitoring <br />program, which has incurred objections from landowners and will be the subject of a board <br />(MLRB) hearing. <br />In the attached letter (dated January 7, 2014), EFCI has requested that compliance with abatement <br />steps be extended again until after the anticipated board hearing, currently scheduled for March 26, <br />2014. Since this abatement date is beyond 90 days from issuance of the NOV, any extension of <br />abatement needs concurrence by the Administrator (per Rule 5.03.2(2)(e)). Please sign the <br />attached form if you concur with EFCI's request, or call me if you want to discuss this further. <br />Thank you, <br />Robert D. Zuber <br />Environmental Protection Specialist II <br />Colorado Division of Reclamation, Mining and Safety <br />Office of <br />Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />