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.)/? /4?s <br />DEPARTMENT OF THE ARMY <br />CORPS OF ENGINEERS, OMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD <br />LITTLETON, COLORADO 80128-6901 <br />March 10, 2009 <br />RECEIVED <br />Mr. George Patterson MAY 18 2009 <br />Energy Fuels Coal, Inc. <br />l7wi6i- -„',"a,+ration, <br />South Field Mine Mining and Safety <br />PO Box 459 <br />Florence, CO 81226 ' <br />RE: Request for Permanence of a Sedimentation Pond <br />Kerr Coal Company - Kerr (Marr) Mine - Mining Permit No. C-80-006 <br />Corps File No. NWO-1700-00021 <br />Dear Mr. Patterson: <br />Reference is made to the above-mention project located at Lat 40.716859 Long -106.283764 in <br />Section 29, T9N, R79W, Jackson County, Colorado. <br />This letter is to inform you that, as requested in your February 27, 2009 letter to Mr. Terry <br />McKee of my office, we have no objection to leave the existing sedimentation pond and its respective <br />inflow ditch as permanent structures to compliment the post mining land use for support of livestock and <br />wildlife. If any activity requires the placement of dredged or fill material into the sedimentation pond or <br />the inflow ditch this office should be notified by a proponent of the project for Department of the Army <br />permits, changes in permit requirements or jurisdictional determinations pursuant to Section 404 of the <br />Clean Water Act prior to the work. <br />Work in the pond or ditch should be identified by the proponent of the project and be shown on <br />a map identifying the Quarter Section, Township, Range and County or Latitude and Longitude, Decimal <br />Degrees (datum NAD 83) and the dimensions of work in each aquatic site. Any loss of an aquatic site <br />may require mitigation. Mitigation requirements will be determined during the Department of the Army <br />permitting review. <br />If there are any questions call Mr. Terry McKee of my office at 303-979-4120 and reference <br />Corps File No. NWO-1700-00021. <br /> <br />tin