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energy fuels coal, inc. <br />southfieid mine - post office box 459 - florence, colorsdo 81226 - (719) 784-6395gecel eo <br />MAY 1 '0 20p9 <br />@4`t510n u• r<eciamation. <br />WITjtng and Safety <br />May 6, 2009 <br />Ms Janet Binns - Reclamation Specialist <br />Colorado Division of Reclamation Mining & Safety <br />1313 Sherman St. - Room 215 <br />Denver, CO 80203 <br />RE: Kerr Coal Company (Permit No. C-80-006) <br />Technical Revision No. 24 (TR-24) <br />Kerr Tipple Pond Permanence Request <br />L'1 <br />Dear Janet Binns: <br />With reference to Rule 2.07.3(2), Kerr Coal Company (Kerr) hereby submits a <br />request for a Technical Revision (TR-24) to retain the existing sedimentation pond and <br />respective inflow ditch which are located at the Kerr Loadout site as permanent <br />structures. The Kerr Loadout site is approximately 1.5 miles south of the town of Walden <br />in Jackson County, Colorado. The referenced pond and ditch are located in Section 29, <br />T9N, R79W, Jackson County, CO. Coordinates are: Lat 40.716859; Long -106.283764. <br />The area of the site is shown on the "Walden" 7.5 Minute USGS Quadrangle Map. <br />Permanence of the pond is at the landowner's request to enhance the postmining land use. <br />A copy of the letter of request from the landowner under the signature of Douglas Barnett <br />is enclosed with this submittal. <br />The effect on the performance bond requirements (Rule 2.07.03(2)(c) would be <br />that the reclamation liability would be reduced by changing the structures to permanent <br />status. Pursuant to receiving approval from the DRMS for the revision request, Kerr will <br />file a request to terminate the current Surface Water Discharge Permit with the Colorado <br />Water Division. <br />A copy of the proposed Public Notice is also enclosed for your review. Kerr <br />understands that the public notice is to be published one time in the local Jackson County <br />Star newspaper. Concurrent to the publication, Kerr will file a copy of this revision <br />request at the Jackson County Courthouse to be available for public review. <br />Given that the pond is located within a designated wetlands area, Kerr has <br />contacted the Army Corp of Engineers and obtained the Corp's approval to leave the <br />pond and inflow ditch as permanent structures. A copy of the letter of approval from the <br />Corp under the signature of Timothy T. Carey, dated March 10, 2009 is enclosed with <br />this submittal.