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DEPARTMENT OF THE ARMY <br />CORPS OF ENGINEERS, OMAHA DISTRICT <br />DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD <br />LITTLETON, COLORADO 80128 -6901 <br />November 2, 2011 <br />Mr. George Patterson <br />Energy Fuels Coal, Inc. <br />P. O. Box 459 <br />Florence, CO 81226 <br />RE: Kerr Tipple Site (Marr Mine Loadout Site) — Remove Sediment Pond to Reclaim Area <br />Nationwide Permit No. 21, Corps File No. NWO- 1700 - 00021 -DEN <br />Dear Mr. Patterson: <br />Reference is made to the Kerr Tipple Coal Mining Loadout Site (Marr Mine Loadout) located in the <br />Southeast' /4 of Section 29, Township 9 North, Range 79 West, Jackson County, Colorado. Removal of the <br />sediment pond will permanently impact 0.08 acre of wetlands. <br />Based on the information provided, this office has determined that the work within Colorado is authorized <br />by the Department of the Army Nationwide Permit No. 21, found in the March 12, 2007, Federal Register <br />Enclosed is a fact sheet, which fully describes this Nationwide Permit and lists the General Conditions, Section <br />404 Only Conditions, and Colorado Regional Conditions, which must be adhered to for this authorization to <br />remain valid. <br />Although an Individual Department of the Army permit will not be required for this work, this does not <br />eliminate the requirement that any other applicable Federal, state, tribal or local permits be obtained as required. <br />Please be advised that deviations from the original plans and specifications of this project could require additional <br />authorization from this office. <br />The applicant is responsible for all work accomplished in accordance with the terms and conditions of the <br />nationwide permit. If a contractor or other authorized representative will be accomplishing the work authorized by <br />the nationwide permit on behalf of the applicant, it is strongly recommended that they be provided <br />a copy of this letter and the attached conditions so that they are aware of the limitations of the applicable <br />nationwide permit. Any activity which fails to comply with all the terms and conditions of the nationwide permit <br />will be considered unauthorized and subject to appropriate enforcement action. <br />This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs <br />are scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to <br />remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. <br />Furthermore, if you commence or are under contract to commence this activity before the date that the <br />relevant NWP is modified or revoked, you will have twelve (12) months from the date of the modification <br />or revocation of the NWP to complete the activity under the present terms and conditions of this NWP. In <br />compliance with general Condition 14, the attached "Certification of Completed Work" form (blue) must <br />be signed and returned to this office upon completion of the authorized work and any required mitigation. <br />