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<br />Memorandum Re: Kerr Historical overview <br />November 28, 1994 <br />Page 5 <br />Sales in 1986 through 1989 dropped once again, with only <br />28,000 tons being sold in 1989. The low sales also prompted the <br />announcement by the new owner of the rail line from Walden to <br />Laramie to announce plans to abandon rail service (see the letter <br />from Wyoming-Colorado Railroad to Kerr, dated April 19, 1989). <br />During the 1987 through 1989 time period, Kerr was working on <br />a revised mine plan for the northern extension of the mining <br />activity. This work led to submittal of a permit amendment to the <br />State of Colorado in 1989. The State began review of the permit <br />amendment and by the spring of 1990, extensive discussions were <br />occurring on a variety of issues. During this same period of <br />time, Kerr was backfillinq the 720 Pit from the overburden <br />stockpile that existed next to that pit. <br />Faced with possible abandonment of the railroad (the only <br />economic transportation option for Kerr) and the lack of any long- <br />term contract, management of Kerr elected to withdraw the permit <br />amendment and begin planning for reclamation of the existing open <br />pits. In 1990, the backfillinq plan was revised to require <br />placement of any additional overburden that would be produced from <br />the northern end of Pit 1 to the southern end of Pit 1. The State <br />renewed Kerr's permit in 1991 with the stipulation that iP mining <br />were to be initiated north of the Pit 1 area, reclamation plans <br />and bonding would be reviewed prior to initiation of any activity. <br />However, if mining ware not initiated beyond Pit 1, the <br />reclamation plan approved in the permit would be implemented. <br />Kerr also was committed to continue to move material from the <br />overburden stockpile near the 720 Pit at the rate of 300,000 cubic <br />yards per year. <br />In 1993, Kerr elected to expedite the approved backfillinq <br />and reclamation plan. In accordance with permit specifications, <br />the 720 Pit was backfilled with all available material from the <br />overburden stockpile, and Pit 1 was recontoured. Kerr completed <br />its work in January of 1994 and filed for Phase 1 bond release. <br />During the bond release inspection, OSM personnel advised Kerr and <br />the State that bond release would be denied because Kerr had not <br />reclaimed Pit 1 to its approximate original contour. <br />Energy Fuels acquired the Kerr Mine in 1977 with a view of <br />tripling the production and sales from 250,000 tons to 750,000 <br />tons. Kerr reached that goal in 1980 and was poised to continue <br />that rate of production through 1989 and beyond. In 1981, the <br />Mine's base contract was unexpectedly terminated and Kerr has <br />never recovered. <br />