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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 />January 5, 2010 <br />Jay Wagner <br />Wagner Ranches, LLC. <br />96400 E. Hwy. 40 <br />Craig, Colorado 81625 <br />6,117"t-1 <br />'CeN <br />???? 112010 <br />pivi+",Qr101 Reclamation, <br />Mini, lg and Safety <br />Re: Gehrman Pit, Application No. M-2009-078, Request for Hydrological Technical Data. <br />Dear Mr. Wagner, <br />COLORADO <br />DIVISION 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 />The Division of Reclamation Mining and Safety (Division) received Wagner Ranches comments regarding the 112c <br />application for the Gehrman Pit noted above. Wagner Ranches in its comments noted that it obtained its own <br />hydrological report on the affects of the proposed project on lands owned by the ranch. A copy of the report did <br />not accompany the letter of objection. The report as noted by Wagner indicates that there could be negative <br />impacts from flooding to Wagner lands if the project is done as proposed. In order for the Division and the <br />applicant to fully explore and address the issues a copy of the hydrological report is needed. Without the report <br />the specific issues cannot be addressed and mitigated. A lack of the report will result in the Division reviewing the <br />project with information supplied by the applicant and its consultant but not Wagner's. At this point data does not <br />support Wagner's claim of potential harm. In order for the Division to make the best decision on the application all <br />relevant information must be reviewed by staff specialists and engineers. Please submit a copy of the hydrological <br />report noted in Wagner's letter of objection. If the Division does not receive the report by January 11, 2010 the <br />review process will finish as required by the Act and Rule. <br />If you need additional information please contact me at the Division of Reclamation, Mining and Safety, Grand <br />Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, or by telephone no. 970.241.1117. <br />Sincerely, <br />G. Russell Means <br />Environmental Protection Specialist II <br />Cc: Steve Shuey, Senior Environmental Protection Specialist, West Team Supervisor <br />Ben Langenfeld, Lewicki and Associates, Elam Construction Consultant <br />Gayle Lyman, Elam Construction <br />Office of <br />Office of Active and Inactive Mines <br />Mined Land Reclamation Denver Grand Junction Durango