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iii iiiiiiiiniu iii <br />999 <br />l :/ <br />2 /~ <br />energy fuels mining company <br />one tabor center • sw[e 2500 <br />1200 seventeenth street • denver, Colorado 80202 <br />~303~623-8317 <br />iwx 910-931-2561 <br />June 26, 1995 RECEIVED <br />JUN 2 9 1gg5 <br />Mr. Michael B. Long, Director PivisionoiMtnerals~, 9Y, <br />Division of Minerals and Geology Ge010 <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Iq,otice of Violation No. C-95-018 issued to Energy 'Fuels <br />Mining Comoanv on June 14. 1995: Permit No. C-62-0155 <br />Dear Mr. Long: <br />Energy Fuels Mining Company (EFMC) received the Notice of <br />Violation following a partial inspection of the Raton Creek <br />Mine. This mine, located just south of the city of Trinidad, is <br />in inactive/ permanent cessation status. <br />EFMC believes that the cited conditions and practices are <br />not a violation, and the Notice of Violation should be'ivacated. I <br />will explain the basis for this position for the Division's <br />review before issuance of the proposed civil penalty. <br />The Notice of violation alleges failure to protecC topsoil <br />from erosion after redistribution, failure to conduct seeding <br />and planting operations, and failure to conduct soil <br />stabilization practices as approved by the Division. Portions of <br />the operation cited by the Notice include the regraded,i <br />disturbed Mine site area. The abatement deadline is set at June <br />28, 1995. <br />The Mine site was backfilled and regraded during 11994. <br />Reconstruction and upgrading of permanent drainage structures <br />was completed by January 1995. EFMC subsequently applied for <br />Phase I bond release on December 8, 1994, and the bondrelease <br />inspection occurred on March 8, 1995. <br />There are two areas of fact that support EFMC''s request to <br />vacate the Notice of Violation. EFMC did take measures~,to <br />protect the topsoil both when it was applied and later'Iwhen <br />conditions warranted further protective action. Additionally, <br />EFMC had scheduled the required seeding and planting operations, <br />but due weather delays, contractor delays, and earthwork <br />construction, the seeding was not accomplished by the particular <br />date of the inspection. These facts are explained below in <br />detail. <br />.. ~.y;,z... '+~i,~~~ ~ ~ J~ - - irrfi-4 ~ ~,~'y""',"'~'9t'~S~~S~M i iir R~'+~AF+ ~i "'r%.i~ <br />