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DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />jVEL) <br />OCT 2 October 28, 2010 8 2010 <br />DIV?yslulI U, it?Cd? <br />MninCJ AW 8.? <br />Michael P. Boulay, Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Fruita Loadout (Permit No. C-2010-088) <br />New Permit Application <br />Dear Mr. Boulay: <br />Bill Ritter, Jr. <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director/State Engineer <br />The Division of Water Resources has reviewed the Fruita Loadout (Permit No. C-2010-088) <br />application for a new permit. The application proposes to operate a coal loadout facility on land located <br />approximately 3.5 miles west of Fruita in Mesa County. The SEO would like to express two general <br />concerns with the project. <br />The applicant proposes to use sediment ponds for drainage of storm/surface water. Currently <br />this location is not considered overappropriated, however, if this area becomes overappropriated, the <br />storage of surface water will be subject to administration. It is recommended that a water court decree be <br />obtained to affirm the priority of the storage of storm water. If the construction of any sediment ponds <br />exposes ground water, the pond must be backfilled immediately until a well permit issued pursuant to <br />CRS 37-90-137(2), allowing the exposure of ground water in a pit, is obtained from the State Engineer. <br />The applicant identifies the use of four existing monitoring wells. The SEO has no records of permits for <br />these wells. If these wells were constructed as monitoring holes they must be plugged and abandoned <br />within one year of completion or else permitted as monitoring wells with the SEO; if these wells were <br />completed without a valid monitoring hole notice or well permit the applicant needs to take immediate <br />action to plug or permit the wells. Last, the applicant states that portions of the site may affect current <br />surface water diversions. If at any point the applicant's operations will affect surface diversions they <br />should consult with the local water commissioner, Jim Lemon at jim.lemon@state.co.us, to assure no <br />injury to water rights occur. <br />Thank you for the opportunity to comment on this project. If you have any questions, please <br />contact this office. <br />Sincerely, <br />Karlyn Adams <br />Water Resource Engineer <br />KAA: Fruita Loadout C-2010-088(NP).docx <br />cc: Alan Martellaro, Division Engineer, Division 5 <br />Jim Lemon, Water Commissioner, District 72 <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 <br />www.water.state.co.us