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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 />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />July 27, 2009 v <br />Alan or Wesley Chiles <br />Rimrock Exploration and Development <br />P.O. Box 482 <br /> <br />oeswen <br />AUK 0 3 2009 <br />lDMSiW of Re ge york, <br />Mi??in9 and Nucla, Colorado 81424 ? t/ <br />Re: Final Request for Environmental Protection Plan, J -Birds Mine, Permit No. M-2005-050. <br />Dear Mr. Chiles, <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Ir. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />On June 6, 2008 the Division of Reclamation Mining and Safety sent notification of a change in the law regarding <br />uranium mine classifications. Per House Bill 1161 which was signed into law on May 20, 2008 all uranium mines <br />are now defined as Designated Mining Operations (DMO's). As a result of HB 1161, a review of J-Bird Mine <br />active operational conditions as a uranium mine and other file documents it was determined that the existing <br />permit, File No. M-2005-050 is a Designated Mining Operation. Therefore, B1ueRock Energy was to have <br />submitted an Environmental Protection Plan (EPP) required under Rule 6.4.20 within 180 days which was <br />February 2nd, 2009. Due to a Succession of Operator, SO-02, Bluerock transferred the permit back Rimrock on <br />or near that date. DRMS afforded Rimrock an additional 180 days to submit the EPP based on this sudden <br />acquisition. A review of the issue indicates the additional 180 day period to submit is August 2, 2009. Per Rule <br />7.2.3(2) (c) the time frame cannot exceed l- year. Therefore DRMS is requesting that the EPP be submitted by <br />August 3rd, 2009 or as soon as possible thereafter and no later than August 31, 2009. If Rimrock fails to submit <br />the plan by that date staff will have no option but to issue a "Reason to Believe" letter of a possible violation and <br />schedule the matter before the Mined Land Reclamation Board. DRMS would request a Board Order of the <br />submittal, possible civil penalties, cease and desist order and possible revocation of the reclamation bond and <br />termination of the permit. <br />If you need additional information, please contact staff at the Division of Reclamation, Mining and Safety, Grand <br />Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, telephone no. 970.241.1117. <br />Sincerely, <br />G. Russell Means <br />EPS II, Grand Junction Field Office <br />Cc: Steve Shuey, Senior EPS, West Team Supervisor (e-mail) <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines