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<br /> <br />iii iiiiiiiiniii iii • <br />999 <br />STATE OF COLORADO <br />OlY1SlON OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1313 Sherman 51.. Room 215 <br />Denver, Colorado 80203 <br />Phone: (3031 866-3567 <br />FAX: 1303) 832-8106 <br />February 2, 1945 <br />Ms. Michelle R. Rebmann <br />Environmental Coordinator <br />Energy Fuels Nuclear, Inc. <br />One Tabor Center, Suite 2500 <br />1200 - 17th Street <br />Denver, CO 80202 <br />RE: Appeal of Notice of Determinatiop as Designated Mining Operation, <br />Sunday Mine, Permit No. M~8i4, S~n Miguel Couuty <br />~~-asS <br />Dear Ms. Rebmann: l ~ <br />I~~~~ <br />DEPAR'T'MENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />Executive Direnor <br />Michael B. Long <br />Division Direcmr <br />The Division has received and reviewed your letter disputing the Division's determination <br />that the Sunday Mine is a Designated Mining Operation. Pursuant to Rule 7.2.4(1)(a), the <br />Office shall meet with the Operator to discuss the pending designation. If you will give me a <br />call in the next week, or so, we can work out a date and time that will be conveni<:nt for <br />both of us. Prior to setting up a meeting date I would suggest you provide me with <br />documentation, and evidence, that will substantiate the reasons you think the Sunday Mine <br />should not be considered a designated mining operation. The meeting will be mon: <br />productive if I can have a week, or two, to review the evidence or documentation. <br />On page one (1) of your letter you state "EFNI disputes the designation for the following <br />reasons: I) The Sunday Mine operation does not meet the criteria..." I disagree with your <br />statement because Rule I(12)(b) says a mining operation at which toxic-forming materials <br />will be exposed or disturbed as a result of mining operations shall be a designated mining <br />operation. Toxic-producing materials are those that produce materials which contain <br />detrimental amounts of chemical constituents. <br />On page two (2) of your letter you contend that "no toxic-forming materials are exlwsed or <br />disturbed as a result of mining operations". The approved permit states that uranium and <br />vanadium, both metal compounds, will be mined from the Sunday Mine. Uranium; <br />vanadium, and their byproducts in certain concentrations are toxic materials. Waste rock and <br />ore will be stockpiled outside the Sunday adit. The Division considers there is a reasonable <br />potential for toxic materials to exit the permit area andfor adversely affect human h~:alth, <br />property, or the environment. <br />