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;I >, ~II ~ I~~I~II~I~~~II~ STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY pF' p0 Depa«ment of Natural Resources ~ <- y ,~~ _ Ne ~ O 1317 Sherman Sl., Room 215 ~ Denver, CO 80207 • • • • Phone. 13031 866-3567 gets FAX: (3031 8J2-8106 Roy Romer Governor Michael B. Long February 8, 1994 0~~~,~ono~.e~l~r Mr. Randy Acre Energy Fuels Coal, Inc. P.O. Box 449 Florence, CO 80226 RE: GEC Reclamation Project Dear Mr. Acre: I would like to take this opportunity to confirm that the Division of Minerals and Geology will interrupt the light use road near Chen's Hill as reclamation of this permit revocation site is conducted. This road has previously been permitted by Energy Fuels for use in conjunction with the adjacent Southfield mine. It is my understandinl3 that the road currently meets the light use road criteria outlined in the Colorado Co31 Regulations. I would like to confirm that during the period of interruption, the Division will assume responsibility for the condition and maintenance of the road as these factors pertain to the Colorado Coal Regulations. It is the intention of the Division to restore the road to the appropriate condition, including the replacement of permit boundary markers which may be disturbed by construction activities, so that after the reclamation project is completed the road will comply with the light use road criteria outlined in the Regulaltions. Upon completion of the reclamation project which impacted the road, the Civision is willing to meet with Energy Fuels in the field for the purpose of agreeing that the reconstructed road meets the light use road criteria and the construction specifications outlined in the bid document. Thereafter, the Division will return responsibility for the road to Energy Fuels. During the reclamation construction activities, it may be necessary for Energy Fuels to utilize an alternative access to the Monarch fan. Because the Division is interrupting the use of the currently permitted road due to the construction activities, it would not be necessary for Energy Fuels to permit this temporary access for use during the construction period. Energy Fuels has requested that the Division secure right of entry prior to initiating construction which may impact permitted areas. The Rules and Regulations of the Mined Land Reclamation Board for Coal Mining at Section 1.02 provide the Division and the Board the authority to carry out the requirements of the Rules and tflose of the Colorado Surface Coal Mining Reclamation Act. One of the explicit requirements of the Act and Rules is that the Division perform reclamation work at permit revocation and bond forfeiture sites. The Attorney General has advised that this authority provides sufficient basis for the State to enter in order to accomplish its statutorily mandated tasks. If you