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( < <~ <br />Susan Burgmaier <br />May 14, 1998 <br />Page 2 <br />The erosion cuts in the slopes below the South Fan road subject to this violation were in <br />existence when EFCI permitted the road. We believe that they aze virtually unchanged from <br />that time. Aerial photographs and topo maps prior to 1992 show significant erosion cuts along <br />and below the entire road length. Tn addition, EFCI is providing a letter from the landowner, <br />attached, stating that the erosion was pre cxisting. <br />In summary, EFCI contends that the configuration of the road is not and has not caused <br />significant erosion and wntributions of sediment off the permit area since use by the mine <br />began siz years ago. With few exceptions, implementation of drainage controls could result in <br />additional erosion to azeas adjacent to the road. <br />Please contact me if you have any questions or require additional information. <br />Sincerely, <br />Energy Fuels Coal Inc. <br />Allen S. Weaver <br />Mine Engineer <br />enclosure <br />ce: G. Patterson (EFCI) <br />