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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 C O L O RA D O <br />DIVISION OF <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 MINING <br />SAFETY <br />Bill Ritter, Jr. <br />April 24, 2009 Governor <br /> <br />Mr. George Patterson Harris D. Sherman <br />Executive Director <br />General Mine Manager Ronald W. Cattany <br />Energy Fuels Coal, Inc. <br /> <br />P.O. Box 459 Division Director <br />Natural Resource Trustee <br />Florence, CO 81226 <br />Re: Marr Mine, C1980-006, First, Second, Third, and Fourth Quarter 2008 Sediment Pond Inspection <br />Reports <br />Dear Mr. Patterson <br />The Division has not been receiving Kerr Coal Company's (KCC) 2008 Sediment Pond Inspection reports <br />for the Marr Mine. KCC has been filing copies of the quarterly pond reports with the public files located at <br />NWCC offices in Steamboat Springs, Colorado. DRMS conducted a complete inspection of the Marr Mine <br />on April 20, 2009. While reviewing records at the NWCC office, the 2008 quarterly pond inspection reports <br />were copied. <br />The Division has reviewed all four quarters of the 2008 Quarterly Pond Inspection Reports. Ponds were <br />inspected by a KCC representative on March 26, 2008, June 12, 2008, September 18, 2008, and October 29, <br />2008. Problems with the discharge risers were identified on Pond A and Pond D by KCC personnel on May <br />7, 2008. The risers were repaired within 10 days of KCC's discovery of the leaking risers. Repairs were <br />conducted appropriately and no further problems or maintenance concerns were identified during the <br />remainder of 2008. <br />Please assure that copies of quarterly reports are submitted to the Division as well as filed with the public <br />records in accordance with Rule 4.05.9(17). <br />Sincerely, <br />Protection Specialist <br />C:/jhb/C80006/Inspections/Ponds/1St 2nd 3rd and 4th Q 2008.doc <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines