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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 29, 2008 <br />Mr. John L. Donovan <br />02476 18 RD <br />P.O. Box 1296 <br />Frisco, CO 80443-1296 <br />RE: Fruita No. 1 and No. 2 Coal Mines <br />File C-81-015 <br />Dear Mr. Donovan: <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />- St - <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 />Mesa County Assessor Office records indicate that you are the owner of certain lands <br />located north of Fruita, in Mesa County, Colorado, within the NE1/4 Sec. 30, T8S, <br />R101 W, 6th P.M., which were disturbed by surface operations associated with the Fruita <br />No. 1 and No. 2 Coal Mines. <br />As you may be aware, the mines have not produced since 1980. The No. 1 Mine was <br />reclaimed in 1984/1985, and the No. 2 Mine was reclaimed between 1989 and 1991. The <br />reclamation bond for the site was forfeited by the Colorado Mined Land Reclamation <br />Board in March, 1994, following failure of the operator to abate an enforcement action <br />issued by the Colorado Division of Minerals and Geology, now Colorado Division of <br />Reclamation, Mining and Safety (the Division). <br />The purpose of this letter is to advise you of site maintenance and erosional repair work <br />that the Division is planning to have performed by contractor at the site later this fall or <br />early in 2009. The primary culverted spillway through the sediment pond embankment at <br />the lower end of the site has failed, and the pond no longer holds water. To prevent <br />further damage to the embankment, we are planning to seal the culverted spillway, with <br />flow to be diverted around the embankment through a stabilized open channel spillway. <br />In addition, we are planning to repair erosional gullies and construct stable rock lined <br />channels in certain locations, including in the immediate vicinity of the backfilled upper <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines