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energy fuels coal, inc. <br />•outhf{Nd mire • poet office box 459 • fforence, coloredo 81226 • (719) 784 -6395 <br />March 1, 2012 <br />Colorado Dept of Public Health and Environment <br />Water Quality Control Division <br />4300 Cherry Creek Dr South WQCD -P -B2 <br />Denver, CO 80246 -1530 <br />RE: KERR COAL COMPANY — MINING PERMIT NO. C- 80-006 <br />DISCHARGE PERMIT FACILITIES #COG- 850036 <br />REQUEST TO TERMINATE DISCHARGE PERMIT <br />Dear Division of Water: <br />Attached are the signed forms for Notice of Termination for the above referenced <br />discharge permit, General Permit #COG - 850000, Facilities #COG - 850036 to request <br />termination of said permit. The discharge point is located one mile south of Walden in <br />Jackson County, Colorado at the former Kerr Loadout site. Pursuant to approval of the <br />Division of Mining Reclamation & Safety (DRMS), the pond was backfilled during <br />November, 2011. <br />The related Loadout site was reclaimed (excluding the sediment pond) and <br />permanent seeding was done 1999 -2000. As approved in the Kerr Permit Document <br />and pursuant to appropriate sedimentation demonstrations, the Tipple Pond was <br />backfilled during November, 2011. Given that the backfilling of the pond was a recent <br />activity, (preceding the growing season for revegetation) the Loadout site has not yet <br />been approved for final bond release due to waiting for adequate vegetation to establish <br />on the former pond footprint. Given that the related pond has been backfilled, Kerr is <br />requesting termination of the discharge permit. <br />Enclosures: <br />• Signed Forms for Notice of Termination; <br />• Photos of related (backfilled) pond footprint <br />Please contact the undersigned with questions or comments regarding this <br />termination request. <br />Sincerely, <br />rge ' atterson <br />General Mine Mgr <br />Energy Fuels/Kerr Coal Company <br />