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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />September 27, 2010 <br />Mr. George Patterson, General Mine Manager <br />Energy Fuels Coal, Inc. <br />P.O. Box 459 <br />Florence, CO 81226 <br />RE: Marr Mine, Permit C-1980-006 <br />Second Quarter 2010 Sediment Pond Inspection Report <br />Dear Mr. Patterson: <br />COLORADO <br />D I V I S ION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />The Colorado Division of Reclamation, Mining, and Safety (Division) has reviewed and found the above <br />referenced report to be in compliance with the following Division regulations: 4.05.9(14), 4.05.9(15), and <br />4.05.9(17). <br />The second quarter sediment pond inspection reports were received by the Division on September 17, 2010. <br />Staff at Northwest Colorado Consultants, Inc. (NWCC) inspected the Loadout Pond on June 20, 2010. Per the <br />report, the pond was functioning as designed at the time of the inspection, and there are no identified <br />maintenance action items. Based on Division inspections, the channel below the primary spillway requires <br />cleaning as the discharge pipe is no longer visible. <br />Per Rule 4.05.9(15)(d), these pond inspection reports should include the existing storage capacity of each <br />impoundment. While you have not directly provided this information, you have included other information that <br />meets the intent of determining maintenance needs. The measurement of the sediment level from the primary <br />spillway orifice was included in your cover letter to the inspection report. A comparison of this value and the <br />design drawing in Exhibit 42 of the Permit Application Package indicates that the sediment pond at the Loadout <br />facility is not in need of sediment removal at this time. <br />If you have any questions feel free to contact me at (303) 866-3567, extension 8113. <br />Sincerely, <br />Robert Zuber, P.E. <br />Environmental Protection Specialist <br />Cc: NWCC, 2580 Copper Ridge Drive, Steamboat Springs, CO 80487, attn: Nicholle <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction • Durango Active and Inactive Mines