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January 4, 2006 Memo <br />To: Jim Burnell <br />From: Janet Binn <br />Re: Marr Min , C1 -00 , 2004 Annual Reclamation Report review responses <br />CC: Dan Herna <br />Energy Fuels Coal Inc. provided responses to the Division's 2004 Annual Reclamation Report review <br />on December 27, 2005. The operator has responded satisfactorily to the two items I had identified that <br />needed additional information. My initial review comments are repeated in italics, with my comments <br />to EFCI's responses in regular font. <br />Please have the operator also provide the name of the chemical being used in the weed control <br />efforts. <br />EFCI provided detail regarding what chemical was used in weed management efforts in 2004. <br />This response is acceptable. <br />2. The livestock stocking rate in 2004 varied from the grazing plan described in the permit. If the <br />stocking rate has been changed due to productivity data results, please have the operator revise <br />the grazing plan accordingly. <br />EFCI referred the Division to MR-40 that was approved in May 2004. MR-40 consisted of a <br />letter from the Colorado State Cooperative Extension Service, Routt County office, providing <br />livestock stocking recommendations. The Division approved MR-40 on May 18, 2004. No <br />permit pages were revised with MR-40. During review of the approved permit text, there is no <br />reference to MR-40, or any indication that the grazing plan found on permit pages 780-131 <br />(revised April 1996) and 780-132 (revisedl2/99) has been revised. The operator followed the <br />stocking recommendations outlined in MR-40 during the 2004 grazing season. However, the <br />approved grazing plan in MR-40 is not referenced in the currently approved permit text, nor is <br />there any reference in the text to MR-40. Inclusion of the Extension Service's letter, into the <br />permit pages, would alleviate this confusion in the future. <br />Reference to the grazing plan approved in MR-40 finds the operator in compliance with the <br />approved grazing plan. <br />Attachments: <br />Attached, please find the currently approved permit text from the imaging system, a copy of the <br />Colorado Extension Service letter with the recommended stocking rate, and EFCI's 2004 ARR <br />response letter. <br />C:/jhb/team/Marr12004 ARR review response.doc <br />