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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 <br />Phone: (303) 866-3567 <br />%hQOM&3 "6 <br />Mr. George Patterson <br />General Mine Manager <br />Energy Fuels Coal, Inc. <br />P.O. Box 459 <br />Florence, CO 81226 <br />Re: TR-24, Request to retain the Kerr Tipple Pond as a permanent structure. <br />Dear Mr. Patterson: <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division has reviewed Kerr Coal Company's (KCC) technical revision application (TR-24) proposing to retain <br />the Kerr Tipple pond as permanent structure. KCC has provided a letter from the land owner requesting the Tipple <br />pond remain to support the post-mining land-use of rangeland. The Tipple pond was given a U.S. Corps of <br />Engineers permit when it was constructed inl979. The Corps of Engineers was consulted and they have provided a <br />letter of concurrence that retention of the Tipple pond is acceptable. <br />The Division finds that the Tipple Pond meets the requirements of Rule 4.05.9(13) with the possible exception of <br />Rules 4.05.9(13)(a) and (d). <br />1. The Tipple pond holds a small permanent pool of water year round. Exhibit 25 of the Marr Permit provides <br />proof of water rights. However, the Division was unable to locate proof of TCC's or the land owner's right <br />to retain this pool of water in Exhibit 25. There is discussion regarding the water-right to Well KW-3 <br />(permit no. 23696F) for 0.3 acre-feet non-tributary water, but no discussion regarding the water held in the <br />Tipple pond. Please provide proof that TCC or the surface land owner retains the water right to the <br />impounded water in the Tipple Pond in accordance with Rule 4.05.9(13)(d). <br />2. Rule 4.05.9(13)(a) requires that the impounded water shall be suitable for its intended use and meet <br />applicable state and federal water quality standards. Review of the 2005, 2006, 2007 and 2008 Annual <br />Hydrology Reports finds no water quality analyses for the Tipple Pond. Please provide evidence that the <br />water quality is suitable for the post-mining land use. <br />TCC provided revised text with the submittal of TR24. Please make the following changes to the revised text: <br />Please use past tense in the text discussion of the Tipple pond in lieu of future tense. Revised page 780-9 <br />states, "The Tipple Pond at the Load out site is currently under review for permanent retention (TR-24)." <br />However, since TR24 is requesting the pond be retained, language stating that the pond will be retained is <br />warranted. Changing the language to state, "The Tipple pond shall be retained as a permanent structure." or <br />similar wording would be effective. Please apply this same comment to the wording on revised pages <br />780.63, and 780-63a. <br />4. Revised text does not flow from page 780-3a to 780-63b. Please reinsert the information removed from the <br />previously approved text. Revised page 780-63b starts with, "1996, for completion of backfilling and <br />grading of remaining acting mining areas and Phase 1 (Tipple)/Phase 2 (Mine area) Bond Release of <br />$1,117,641 approved June 2001." Since this is an incomplete sentence, it appears that something was <br />omitted. <br />Office of Office of <br />Minard land RPrlamatinn nonvor • rranrd Innrtinn • Maranon Artivn ana Inartivo Uinc.