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O <br /> Gold Eagle K ining, Inc, <br /> PO Box 3007 <br /> Montrose,CO 81402 <br /> 970-596-2425—fax 970-249-0731 ( (f <br /> /,office <br /> .S. Department of Energy <br /> I.e(7 E 0 V tom+ <br /> of Legacy Management <br /> Attention: Laura Kilpatrick Esq. AUG -9 0 <br /> 11025 Dover St., Suite 1000 <br /> Westminster, CO. 80021 <br /> Re: DOE Uranium Lease Reclamation Schedule and Requireunents4— <br /> JD-5 Mine, Burros Mine, Ellison ine an aw"keye ine <br /> Dear Ms. Kilpatrick, <br /> It has been determined by the Colorado Division of Reclamation Mining and Safety (DBMS) <br /> that the above-captioned properties are not eligible for Temporary Cessation. Because Gold <br /> Eagle Mining Inc. has chosen not to develop Environmental Protection Plans DRMS is requiring <br /> Gold Eagle Mining Inc. to submit current reclamation plans and schedules by August 1, 2013. It <br /> is also DIZMS's desire that reclamation begin by October 1,2013. <br /> As you are aware, Judge William J. Martinez has issued an opinion on October 26, 2011 that <br /> states at Conclusion (4) the, "Defendants [DOE] are hereby enjoined from approving any <br /> activities on lands governed by the ULMP, including exploration, drilling, mining and <br /> reclamation activities". The court, on February 27, 2012, amended the injunction to allow the <br /> agencies "to conduct only those activities on ULMP lands that are absolutely necessary". The <br /> amended injunction further addresses those emergencies as identified in Paragraph 5 (0 — that <br /> are "absolutely necessary to remediate dangers to the public liealth, safety, and environment on <br /> ULMP lands caused by major storm events, acts of vandalism, or land subsidence". For this <br /> reason, we are requesting that DOE provide a letter stating that the reclamation work is <br /> prohibited at this time since this work is not caused by any emergencies or is an imminent danger <br /> as defined by the amended injunction. <br /> We have attached the proposed reclamation plans (which are being provided to DMRS) for your <br /> review. The plan schedules have been predicated on DOE's successful completion of the PEIS <br /> process, absent finrther litigation. In this regard, we are requesting DOE's agreement with the <br /> plans. Some of the originally planned reclamation activities have been modified to: 1) allow <br /> future access to the mines via portals -ind ventilation shafts, and 2) leave in-place certain <br /> historical equipment and mining features. BLM studies conducted in 1994 support retaining the <br /> historical significance of some mining features (e.g. head frames, wooden cribbing etc.). <br /> Given the above matter, please provide a letter supporting the prohibition of reclamation until the <br /> PEIS process is complete, and your determination that noted mining features are to be retained <br /> on these properties for historical significance in accordance with BLM's 1994 study in this <br /> regard. <br />