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energy fuels coal, inc. <br />southfield mine • post office box 459 • florence, colorado 81226 • (719) 784-6395 <br />September 17, 2010 <br />Mr. Rob Zuber, P.E. <br />Environmental Protection Specialist <br />Division of Reclamation Mining & Safety <br />1313 Sherman St - Room 215 <br />Denver, CO 80203 <br />Z'1 <br />RECEIVED <br />VP 2 3 2010 <br />Diviston of K"iamation, <br />Ding and 3afiety <br />RE: KERR COAL COMPANY - PERMIT NO. C-80-006 <br />Response to comments of Kerr 2009 Revegetation Report <br />Dear Rob Zuber: <br />This is in response to your letter of comments dated 07-19-10 concerning the <br />Kerr 2009 Revegetation Report. Kerr, the veg consultant IME and the Division are <br />continuing discussion about the diversification data on the 4 acre parcel east of the <br />shop facilities. <br />Concerning the Division's comments about the topic "Clarification of Differences <br />between the Mine Area and the Loadout Area" where it is stated that the mine area was <br />not previously disturbed, that statement is not quite correct. The abandoned, <br />underground Marr mine (1920 - 1940 era) existed at the north end of the currently <br />named, Old Marr Pit area. The disturbance extended east of the Marr to the entrance <br />road. Consequently, topsoil was sparse at the north end of the Marr Pit area. <br />However, to quantify the comparison of the mine area and Loadout area, the <br />Marr Pit is only a portion of the 300 plus acres reclaimed at the mine, whereas the 6.5 <br />acres at the Loadout were all disturbed. To argue the slopes and aspects of the mine <br />area versus the Loadout area, that is a matter of the focal point. The 6.5 acre parcel of <br />the Loadout is situate at the toe of the steep slope on the north side and the gentler <br />slope on the east side of the Loadout. To the west and south of course, is <br />grassland/wetland. I believe IME was focusing on early photos, probably prior to <br />disturbance of the Loadout area wherein the region of North Park (Jackson County) <br />being a high mountain plateau, is basically the same. It would seem that if parameters <br />used for evaluation were agreed on, that it would help resolve the minor issue of the <br />revegetation evaluation.