2010-11-30_APPLICATION CORRESPONDENCE - C2010088 (2)

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Corey Heaps CAM- Colorado, LLC November 30, 2010 Page 7 16. Due to its proximity to the Colorado River, please describe in Section 2.04.7 what the historical record is for flooding or having an elevated ground water table in the permit area. 17. In Section 2.04.7(4)(b) of page 2.04 -26, it is stated that the current surface water users are the landowners who irrigate the land west of Loma Drain and north of State Highway 6 & 50. However, there does not appear to be a map that shows who these landowners are. Map 02, "Surface Ownership ", does not show sufficient aerial extent to the west and north. Please revise Map 02 to show all relevant surface water users. 18. Referring to Map 08, "Hydrologic Monitoring Locations ", please explain why surface water monitoring stations US -LD and DS -LD are located as far upstream as they are. US- LD is located about 3,000 feet upstream from the permit boundary and DS -LD is located not even midway along the western edge of the permit boundary. The downstream Loma Drain surface water sample location (DS -LD) is actually located upstream of all disturbance areas proposed for the loadout. Please clarify this or provide justification for this site selection. It appears that a better site for downstream sampling on Loma Drain would be further to the south where it exits the permit boundary similar to the site selection for downstream Reed Wash (DS -RW). 19. Referring to Map 08, "Hydrologic Monitoring Locations ", please explain why surface water monitoring station DS -CR is located where it might be influenced by the adjacent gravel pits and by the flow from the upriver Grand Valley Canal. 20. There was a water court application submitted by Tavistock Partners LLC to the District Court, Water Division 5 on November 19, 2009 that proposes water diversions for use in the same area as the proposed Fruita Loadout. An amended application was submitted by CAM - Colorado, LLC in September 2010. After reviewing this application it appears that CAM is proposing to divert water for industrial uses on the Fruita Loadout site from both Loma Drain and Reed Wash. This application is still in review with the Division 5 water court. There is no discussion of these diversions in the current application. Please update all appropriate sections of the PAP with this pertinent information including the water rights discussion in Section 2.04.7. This item refers to the last comment in Item 7 above. If construction operations (or any other mining/industrial operations) might impede the flow of water in a stream system CAM should contact the water commissioner to make sure they are not preventing water from reaching downstream diversions. Also, if CAM diverts out of priority they will be subject to administration by the Division of Water Resources. The operation's location makes it unlikely that diversions direct from the Colorado River will be out of priority, but it is a possibility in future years and it is a possibility on Reed Wash and Loma Drain. The local water commissioner contact information is provided in the SEO letter provided in Attachment 2. Please address these concerns and provide a substantive response.