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~~ <br />FR EOERIC K.CONOVERR <br />M VGHJ MCCLE1 qN <br />EO WARD M. MEP PEN STA LL <br />JOHN T. RE4RN5 <br />RUBB w. BONG <br />JPM ES DPV ID PRKELL <br />HIC HPEL S. MC CARTHT <br />MICHAEL J~ COOK <br />HUBERT A. FARBES, JR. <br />ANDREW B. SNAPPER <br />MART M. C. BOWMAN <br /> <br /> <br />CONOVE R, MCCLEARN, HEPPENSTALL ~. KEARNS <br />PRO FES SIO NLL CORPO RGiION <br />ATTORNEYS AND COUNSELLORS AT LAW <br />X00 DENVER C1U6 BUILDInG <br />SIB SEVENTEENTH STREET <br />D ENVER,COLO RADO 80202 <br />January 26, 1981 <br />III IIIIIIIIIIIIIIII ~ <br />999 <br />RECEIVED <br />JAfJ 2 8 19d1 <br />M~NtU La lvD RkCLAMA710N COAL' <br />cL:LO Dvi. or NArt/~.t 4RA5L~C2~s <br />252-9+50 <br />James D. Rent, Esq. <br />Colorado Mined Land Reclamation Division <br />423 Centennial Building <br />1313 Sheiman Street <br />Denver, Colorado 80203 <br />Dear Jim: <br />Re: Eneryy Fuels Corporation/State Program <br />Compliance in connection with Permit <br />No. 79-177, <br />We recently contacted you on behalf of Energy Fuels <br />Corporation ("EFC") to confirm our understanding regarding state <br />program permit application requirements applicable to the EFC <br />mining operations covered by existing state permit No. 79-177. <br />Specifically, we wish to confirm that EFC's operations under <br />permit No. 79-177 fall within the scope of S.R. 2.01.3(5), <br />thereby allowing EFC to effect state program permit application <br />compliance for these operations by submitting revisions or modi- <br />fications to permit No. 79-177 that address substantive differ- <br />ences between the state program and the Federal Permanent Pro- <br />gram Regulations. Under the terms of S.R. 2.01.3(5)(a), EFC <br />would have until December 15, 1981 to provide this information. <br />In order to confirm the <br />2.01.3(5), you have asked that we <br />documentation which reflects the <br />permit No. 79-177 was found to be <br />Permanent Program Regulations at <br />the Mined Land Reclamation Board <br />applicability of S.R. <br />assist you in identifying the <br />fact that the application for <br />in compliance with the Federal <br />30 C.F.R. X701, et se~C. by both <br />("MLRB") and the Office of Sur- <br />face Mining ("OSM"). To respond, we note first that the MLRB, <br />at its January 29, 1980, meeting, made a specific finding on the <br />record in connection with its approval of permit No. 79-177 to <br />the effect that the permit application was in compliance with <br />the requirements of the Federal Permanent Program Regulations as <br />they appear in the March 13, 1979 edition of the Federal <br />Register. <br />~~ <br />