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is o • ~ ~/ • Page 2 Letter to Mr. Donald A. Crane • Re: Minor Modification February 6, 1980 that this minor modification seeks approval only for topsoil removal ,at the pond site in order 'to avoid construction difficulties and related compliance problems which attend the onset of the spring runoff season. In addition EFC needs approval for topsoil and tree removing activities on 70 acres included in the legal descrip- tion set forth above in order to effect compliance with cer- tain critical aspects of its reclamation plan with regard to restoration and enhancement of sensitive wild life habitat within the e::fisting federal mine plan area. Upon receipt of federal lease C-081330 EFC was ini- tially required to leave a 200 yard wildlife buffer zone on the ridge top overlooking the Middle Creek Canyon. This area was previously documented as being important to elk as a wintering area and as a migration corridor. Subsequently, hoor- ever, the USGS required that the buffer zone area be mined. 'In January of 1979, representatives of the U. S. Fish and Wildlife Service and the Colorado Division of 6ildlife • consulted with EFC to determine how the existing wildlife values of this buffer zone area could be maintained in light of the decision of the USGS. The decision arrived at by Harold Tyus, the Colorado Coal Coordinator f.or U.S.F.W.S., and A11an Whittaker of the CDO4] was that EFC would reestab- lish vegetative and topographic cover on the area via topo- graphy created as a result of rough grading and by using the large reclamatio~t loader to transplant numerous aspen trees and other native trees and shrubs along the exposed area. EFC has complied with this agreement with federal and state wildlife agencies on all of the lower portions of the ridge top in Sections 17 and 18. Unfortunately, all of the trees upslope from the drag lines have been either already transplanted or eliminated as a result of topsoil removal. The only practical way to plant trees in this sensitive wild- life area and to maintain compliance orith the dictates of the wildlife regulatory agencies would be to remove trees shrubs and related topsoil located immediately adjacent to this area to the west. By removing the trees and shrubs located adjacent to the regraded surfaces doornhill from the mining operations Energy Fuels Corporation would be able to co~ztinue, without interruptio~l, its highly successful program of wild- life habitat enhancement. r~ L