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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 />December 7, 2010 <br />Corey Heaps <br />CAM-Colorado, LLC <br />2352 N 7th Street, Unit C <br />Grand Junction, CO 81501 <br />Re: Fruita Loadout (Permit Application No. C-2010-088) <br />Excavation of Borrow Material from adjacent Tavistock Property <br />Dear Mr. Heaps: <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />This letter is in regards to Item 65 of the recent adequacy review letter the Division of <br />Reclamation, Mining and Safety (Division) sent to you on November 30, 2010 for the Fruita <br />Loadout Application. In the application CAM-Colorado, LLC (CAM) stated that fill material <br />would be necessary to construct the loadout and that the fill will be obtained from an adjacent <br />DRMS permitted gravel pit. Item 65 is reiterated below from our adequacy review letter and <br />summarizes the pertinent sequence of events. <br />65. The application states that approximately 70,000 cubic yards of fill will be imported to <br />construct the rail spur, rail loop and haul road and that this overburden material will be <br />obtained from a permitted gravel pit. The Division has received documentation <br />indicating this material will come from the adjacent parcel owned by Tavistock Partners, <br />LLC, which is not a permitted gravel pit. Tavistock requested a determination from the <br />Division regarding the necessity of obtaining a reclamation permit for the proposed <br />excavation location of material intended to be utilized as fill for the coal loadout <br />facilities. The Division's minerals section determined that the proposed operation_wmrrd°-= - <br />need a reclamation permit. Tavistock challenged the Division's decision and requested a <br />Declaratory Order from the Mined Land Reclamation Board (Board) exempting the <br />proposed operation from the need to obtain a reclamation permit. A declaratory order <br />hearing was scheduled for the November 17, 2010 meeting of the Board. However, <br />Tavistock and the Division mutually agreed to continue this hearing to the December <br />Board meeting to allow for additional research to be conducted into the need for a <br />reclamation permit (Construction Materials, Coal, or a combination) for this borrow site <br />location. On page 2.05-28 CAM states "Most of the imported fill will be obtained from <br />on adjacent DMRS permitted gravel pit." Please clarify this statement and identify in the <br />application the permitted pit including name, location and DRMS Permit Number. Also <br />please note that DRMS is incorrectly spelled on this page of the application. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction Durango Active and Inactive Mines