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N ¢ %I~I <br />© MWH <br />MONT(iOMERYWATSON HARZA <br />May 23, 2002 <br />Mr. James R. Stark <br />Environmental Protection Specialist <br />Colorado Division of Minerals & Geology <br />1313 Sherman Street -Room 215 <br />Denver, Colorado 80203 <br />(303) 866-3567 <br />RECEI`~E~~ <br />JUN 0 3 2002 <br />DIYIS10n of Minerals and GeoloAY <br />., no.. p C--i. <br />Re: Energy Fuels Coal, Inc. -Southfield Mine (Permit No. C-81-014) <br />Abatement for NOV CV-2002-007 <br />Dear Mr. Stazk: <br />This transmittal and accompanying pem>it documentation respond to the specific abatement <br />requirements for NOV CV-2002-007, issued on April 23, 2002, for failure to permit alight-use <br />road from the Southfield Mine to the Newlin Creek topsoil pile, failure to provide legal right of <br />entry, and failure to properly construct the road consistent with applicable performance standazds. <br />Subsequent to receipt of the NOV, representatives of Energy Fuels Coal, Inc. (EFCI) met with <br />you and other Colorado Division of Minerals & Geology (CDMG) staff to discuss both the NOV <br />and proposed abatement requirements. These discussions resulted in clarification of the second <br />and third elements of the three-pazt NOV, effectively eliminating concerns relative to right of <br />entry and road design and construction. EFCI has valid existing right-of--entry for the Newlin <br />Creek property under a 5/9/83 Coal Mining Lease between The Corley Company and Dorchester <br />Coal Company which was subsequently assigned to EFCI on 3/22/85 and has since been <br />amended and restated. The road design and construction regulatory requirements referenced in <br />the NOV related to mine access roads and aze not applicable to the subject road as a light-use <br />road. In addition, the subject road is a designated County Road up to the South&eld Mine Petmit <br />Boundary, the portion of the road within the Newlin Creek Peratit Boundary has been approved <br />by the CDMG as a permanent light-use road, and this portion of the road is effectively a private <br />road, having been approved and released under a Phase III bond release by the CDMG. Given <br />these considerations, it is our understanding that the CDMG has revised and reissued the NOV to <br />reflect these clarifications. <br />With the noted clarifications and revisions to the NOV, the only remaining abatement requirement <br />is incorporation of the Newhn Creek light-use road into the Southfield Mine Permit. Attached is a <br />Minor Revision application form addressing this requirement. <br />P.O. Bex 774018 Tel: 970 879 6260 Delivering Innovative Projects antl Solutions Worldwide <br />1475 Pine Grove fload, Suite 109 Fax: 970 879 9048 <br />Steamboat Springs, Colorado <br />60477 <br />