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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 />June 9, 2008 <br />Mr. John Weinman <br />Hydro-Environmental Solutions, Inc. <br />P.O. Box 772996 <br />Steamboat Springs, CO 80477 <br />RE: Hayden Gulch Load Out, C 1992,-081, Permit Renewal No. 3, Adequacy concerns <br />Dear Mr. Weinman: <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />In accordance with Rule 2.08.5(2) Hayden Gulch Terminal Inc. has submitted a permit Renewal <br />application for the Hayden Gulch Load Out (HGLO), permit no. C-1992-081. The application was <br />received November 26, 2007. The application was deemed complete on December 6, 2007. The <br />following revisions have been approved since last Midterm review was conducted by the Division on <br />November 8, 2005: <br />MR14 AP 10/28/2005 Insertion of approved pages in the PAP <br />MR 15 AP 4/9/2007 Inclusion of an office trailer at the facilities area <br />MR16 AP 3/13/2008 Responses to coal Bond Compliance inspection August 2007 <br />TR7 AP 6/19/2006 Responses to Midterm Review <br />The Division has reviewed the permit renewal application and has the following comments: <br />1. Rule 2.04.11(4) Fish and Wildlife Resources Information states, "The potential for <br />impacts to rare and endangered animal species shall be evaluated by the Division in <br />consultation with appropriate Federal and State agencies. <br />This section of the permit, Tab 11, was last updated in 1993. Please provide updates to <br />this section of the permit to assure that all applicable species on the current Threatened <br />and Endangered Species lists for both State (CDOW) and Federal (USFWS) lists are <br />included. <br />2. Please assure that Ownership and Control Information are up to date in accordance' with <br />Rule 2.03.4. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines