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L1 Z'tis' J {may- <br />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 />November 12, 2010 <br />To: Mike Boulay <br />From: Rob Zuber <br />Re: Fruita Loadout permit application - adequacy for CHIA <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Based on correspondence with you and Tom Kaldenbach, I have determined that there are no adequacy issues with <br />the Fruita Loadout application in regards to the Lower Colorado River CHIA. <br />This assessment is based on the following statute, rule, and guideline: <br />• DRMS CHIA requirements <br />o C.R.S. 34-33-114(2)(c) <br />o Rule 2.07.6(2)(c) <br />• Section III of the January 1988 material damage assessment guideline document. <br />Also, I considered previous analyses in the area. The existing Lower Colorado River CHIA consists of a collection of <br />PHCs from each coal operation in the area, all of which predict no adverse impacts to the hydrologic balance outside <br />their permit areas. <br />In the PHC for Fruita Loadout, the authors state that the Fruita Loadout will not cause adverse impacts to the <br />hydrologic balance outside the permit area. Tom Kaldenbach's opinion (and I agree with him) is that inserting the <br />Loadout PHC in the Lower Colorado CHIA binder would be consistent with the past practice of adding a site's PHC to <br />the Lower Colorado CHIA, and, as in the past, would meet the requirements of the above-referenced statute, rule, and <br />guideline. <br />Office of Office of <br />Mined Land Reclamation Denver Grand junction Durango Active and Inactive Mines