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J. E. STOVER & ASSOCIATES, INC. <br />2352 N. 7th STREET, UNIT B <br />GRAND JUNCTION, COLORADO 81501 <br />PHONE: (970) 245-4101, FAX 242-7908 <br />MINE ENGINEERING <br />MINE RECLAMATION <br />April 11, 2011 <br />Mike Boulay <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: Fruita ?ftmit No. C-2010-088) <br />Adequacy Response #1 <br />Dear Mr. Boulay: <br />CIVIL ENGINEERING <br />CONST. MANAGEMENT <br />?,v Nev <br />??? ? 2.2411 <br />? ?{eciacna??, <br />p,v,s?o;? o Safe}I <br />??rin9 'and <br />The DRMS's preliminary adequacy review letter dated November 30, 2010 requested <br />additional information. Requested information are provided. <br />During the adequacy review process it was determined the 'fringe' wetlands were not <br />jurisdictional. The rail spur design originally submitted was designed to avoid, or have a <br />very minimal impact onthose wetlands. Since they were no longer jurisdictional it gave <br />the rail designer mgre flexibility in where the rail could cross Reed Wash. Therefore, <br />the rail spur was redesigned and the crossing location was shifted north, to a more <br />optimal bridge crossing location. Text and maps were updated accordingly. <br />Additionally, as suggested by the DRMS in the adequacy review letter, the <br />sedimentation control plan was revised in accordance Rule 4.05.2(4) and, therefore <br />Rule 4.03.1(4)(iv). <br />On behalf of CAM Colorado LLC, the following amended data are provided. <br />Rule 2.03 Legal, Financial, Compliance and Related Information <br />An Applicant Violator System (AVS) evaluation check was done on November <br />22, 2010 and there are no violations listed. The Division has the following <br />comments regarding the ownership and control information contained in Section <br />2.03 of the PAP. <br />Rhino Energy LLC <br />a. Per the Organization Charts, pages 2.03-14 & -15, Rhino Energy WV LLC owns <br />51 % of Rhino Eastern LLC. AVS shows that Rhino Energy, LLC owns 51 % of