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2.r1. Q 2oID <br />- <br />energy fuels coal, inc. <br />southfield mine • post office box 459 • florence, colorado 81226 • (719) 784-6395 <br />September 15, 2010 <br />Mr. Rob Zuber, P.E. <br />Environmental Protection Specialist <br />1313 Sherman St - Room 215 <br />Denver, CO 80203 <br />InT,? <br />60.) <br />O? <br />` ' <br />r` <br /> <br />SCANNED` <br />-- -RE: KERR.COAL- COMPANY ---LOADOUT POND DEPTH _ <br />JACKSON COUNTY, COLORADO - PERMIT NO. C-80-006 <br />Dear Rob Zuber: <br />Enclosed is a copy of the Kerr Coal Company Quarterly Sediment Pond <br />Inspection Report for the 2nd quarter of 2010 for the pond at the Loadout. Jim Mossman <br />(contractor) stated he had mailed it to NWCC but Nicole said they had not received one. <br />Concerning your question of sediment and pond depth of the Loadout Pond, Jim <br />Mossman measured the current depth of pond on 09-07-10. The measured depth to <br />the sediment was approximately 1.67 ft from the primary discharge orifice. The Design <br />Depth, (page 23-167 of Exhibit 42A, Part 2, Kerr permit document) is 1.73 ft. Given <br />these measurements, there is 97% of sediment storage available. The 2.6 ft dimension <br />shown on numerous quarterly reports was apparently the "As Built" depth of pond for <br />some extra sed storage. The permit commits Kerr to remove sediment if it accumulates <br />to 60% of the sed storage area. <br />Apparently, not including the sediment level on the Annual Pond Inspection <br />Report as required per the rules, was an oversight. However, given that Kerr intends to <br />reclaim the Loadout Pond this fall, I hope that this information is satisfactory. <br />_ If you have any questions or comments regarding this matter, please contact me._ <br />Sincerely, <br />Z4 1 orge Patterson <br />Gen Mine Mgr