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r <br />Mr. Randy Acre -2- November 28, 1995 <br />Energy Fuels Coal, Inc. <br />of reconstruction. This section of road is included within the previous GEC permit boundary, is <br />entirely within the area disturbed under the GEC permit, and is within the area reclaimed under <br />the authority and provisions applicable to the forfeiture of the GEC permit bond. EFCI cannot be <br />and should not be held responsible for this reclamation work. •~ <br />It is our understanding that EFCI and other users may assist in the maintenance of this road. We <br />encourage and appreciate such assistance. <br />Second, EFCI will not be subject to enforcement actions for impacts created due to reclamation of <br />the GEC Mine. The DMG must require diligent maintenance of such features as Pond No. 5 and <br />the Magpie Creek Diversion by EFCI; however, if it can be shown that the GEC reclamation is the <br />sole source of a problem and if EFCI has diligently pursued their maintenance obligations, an <br />enforcement action would not be issued. <br />Please call with any questions or concerns. <br />Sincergi~.~ <br />G~ <br />Davi>J%A. Berry <br />Senior Environmental Protection Specialist <br />DAB/bjw <br />cc: Michaellong , <br />Jim McArdle <br />Susan McCannon <br />~atwW cite. Dns <br />