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energy fuels coal, inc. <br />southfieid mine • post office box 459 • fiorence, coiorado 81226 • (719) 784-6395 <br />May 19, 2009 <br />RECEIVED <br />MAY 212009 <br />Ms Janet Binns - Reclamation Specialist Division or Reclamation, <br />Colorado Division of Reclamation Mining & Safety Mining and Safety <br />1313 Sherman St. - Room 215 <br />Denver, CO 80203 <br />RE: Termination of Water Discharge Permit No. COG-850037 <br />Kerr Coal Company (Permit No. C-80-006) <br />Dear Janet Binns: <br />S <br />Enclosed, please find a copy of the official notice of termination of Colorado <br />Discharge Permit Number COG-850037 as approved by the Colorado Water Quality <br />U. to the LL <br />Control Division, dated April 2, 2009. This discharge -the <br />sedimentation ponds remaining at the Kerr'(Marr) Mine locaf Of Approximately ten miles - <br />east, of Walden, Colorado. <br />We understand that with the termination of COG-850037. from-'the Nater Controf_ <br />Division and with the approved Final Bond Release No. 4 (SL-04) approved by the <br />DRMS January 5, 2009, that Kerr is released from ongoing liability concerning the ponds <br />located at the mine site. <br />We further understand that the Tipple Pond located at the Kerr Loadout site south <br />of Walden is not yet eligible for release and that Kerr is responsible for continued <br />monitoring and maintenance of the pond and site until such time final release is <br />approved. <br />If you have questions or additional information is required, please contact me. <br />Sincerel>eorge 1 _ <br />P t <br />terson <br />Gen Mine Manager