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<br />., <br />III IIII111111111111 <br />999 <br />DIVISION Of MINERALS AND GEOLOGY <br />Department of Nawral Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Phone: 13031 866-3 567 <br />FA%: (3031 8 3 2-8106 <br />February 8, 1994 <br />Mr. Randy Acre <br />Energy Fuels Coal, Inc. <br />P.O. Box 449 <br />Florence, CO 80226 <br />RE: GEC Reclamation Project <br />Dear Mr. Acre: <br />STATE OF COLORADO <br />of Coro <br />,, ~A <br />~~, .b <br />0 <br />.•~ <br />1B)6 <br />Roy Romer <br />Governor <br />Michael B. loop <br />Division Director <br />I would like to take this opportunity to confirm that the Division of Minerals and Geology <br />will interrupt the light use road near Chen's Hill as reclamation of this permit revocation <br />site is conducted. This road has previously been permitted by Energy Fuels for use in <br />conjunction with the adjacent Southfield mine. It is my understanding that the road <br />currently meets the light use road criteria outlined in the Colorado Coal Regulations. <br />I would like to confirm that during the period of interruption, the Division will assume <br />responsibility for the condition and maintenance of the road as these factors pertain to the <br />Colorado Coal Regulations. It is the intention of the Division to restore the road to the <br />appropriate condition, including the replacement of permit boundary markers which may be <br />disturbed by construction activities, so that after the reclamation project is completed the <br />road will comply with the light use road criteria outlined in the Regulations. Upon <br />completion of the reclamation project which impacted the road, the Division is willing to <br />meet with Energy Fuels in the field for the purpose of agreeing that the reconstructed road <br />meets the light use road criteria and the construction specifications outlined in the bid <br />document. Thereafter, the Division will return responsibility for the road to Energy Fuels. <br />During the reclamation construction activities, it may be necessary for Energy Fuels to <br />utilize an alternative access to the Monarch fan. Because the Division is interrupting the <br />use of the currently permitted road due to the construction activities, it would not be <br />necessary for Energy Fuels to permit this temporary access for use during the construction <br />period. <br />Energy Fuels has requested that the Division secure right of entry prior to initiating <br />construction which may impact permitted areas. The Rules and Regulations of the Mined <br />Land Reclamation Board for Coal Mining at Section 1.02 provide the Division and the <br />Board the authority to carry out the requirements of the Rules and those of the Colorado <br />Surface Coal Mining Reclamation Act. Qne of the explicit requirements of the Act and <br />Rules is that the Division perform reclamation work at permit revocation and bond <br />forfeiture sites. The Attorney General has advised that this authority provides sufficient <br />basis for the State to enter in order to accomplish its statutorily mandated tasks. If you <br />