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<br />Zuber, Rob <br />From: Light, Erin <br />Sent: Tuesday, November 02, 2010 2:09 PM <br />To: Zuber, Rob <br />Subject: RE: Marr Pond reclamation and suggestions from DWR <br />Rob - So long as the system is not under administration, I am not going to be overly concerned about this pond. This <br />summer the system was not on call (under administration). Though technically they are required to have a well permit, <br />if they intent to backfill and do so by next, summer I am not going to pursue any action. <br />Erin Light <br />From: Zuber, Rob <br />Sent: Tuesday, November 02, 2010 12:02 PM <br />To: Light, Erin <br />Subject: Marr Pond reclamation and suggestions from DWR <br />Hello, Ms. Light <br />I want to discuss Kerr Coal Company's small pond at the Marr Loadout site near Walden. As you may recall their pond <br />apparently intercepts groundwater. (Below is correspondence from last year between yourself and George Patterson at <br />Kerr.) They have not written a substitute supply plan and applied for a well permit because they planned to fill the pond <br />this year. However, they have yet to begin construction to fill the pond. <br />My request of your office is to inform me if you plan to pursue this matter any further in the next 12 months. Please <br />keep in mind that our permit with Kerr requires them to reclaim the pond. <br />Thank you for any information or insight. <br />Regards, <br />Rob <br />Rob Zuber, P.E. <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />Coal Program <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Phone: 303.866.3567 x8113 <br />From: Light, Erin <br />Sent: Wednesday, December 02, 2009 3:00 PM <br />To: Energy Fuels Coal, INC. <br />Cc: Schalnus, Shanna; Binns, Janet <br />Subject: RE: Justification to leave existing pond as Permanent Structure - Jackson County, CO <br />George - Water Commissioner, Shanna Schalnus, visited the Kerr pond referenced below this morning. The pond was <br />completely iced over though she was able to break through the ice. It was difficult to ascertain for certain whether or <br />1