2012-01-23_APPLICATION CORRESPONDENCE - C2010088 (3)

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Summary The Review Process J.E. Stover & Associates, Inc. submitted an application for a permit to conduct coal mining and reclamation operations (coal loadout and railroad spur facility) on behalf of CAM - Colorado, LLC (CAM) the proposed permittee. The coal loadout operation will be developed on private land, located approximately 3 miles northwest of Fruita, Colorado in Mesa County. The application was received by the Division of Reclamation, Mining, and Safety (Division) on August 27, 2010. Also submitted with the application was a check in the amount of $366.00 for the coal application fee. The application was reviewed by the Division and found incomplete. In a letter dated September 7, 2010, the Division notified the applicant of the incomplete determination and identified the issues that required resolution in order to make the application complete. On September 22, 2010 the applicant responded by submitting additional materials to address the deficiencies. Following review of this information, notification of the filing of a complete application was forwarded to the applicant on October 1, 2010. This notification that the application was deemed complete was also sent to the appropriate governmental agencies as required by Rule 2.07.3(3)(b), including the Mesa County Clerk and Recorder, Mesa County Planning Department and County Commissioners, Colorado Air Pollution Control Division, Colorado Water Quality Control Division, Colorado Natural Heritage Program, State Historic Preservation Office (SHPO), Colorado Geological Survey, Colorado Division of Water Resources Colorado Division of Wildlife, Natural Resources Conservation Service, U.S. Army Corp of Engineers, U.S. Fish and Wildlife Service, and the Office of Surface Mining (OSM). The Colorado Historical Society (SHPO), the Colorado Division of Water Resources, and the Colorado Division of Wildlife (DOW) responded to the notification. In a letter to the Division dated October 21, 2010 the Colorado Historical Society stated that they concur with the cultural resources documentation provided in the application materials and that a finding of no historic properties affected is appropriate for the proposed project. During the adequacy review process, the applicant modified their operations plan and proposed to include a construction material borrow area for use by the coal loadout facility. With CAM's April 11, 2011 response submittal to the preliminary adequacy review, CAM proposed a new 10.5 acre construction material borrow area to be located within the southern end of the permit boundary. This area was not included in the May 2010 Cultural Resource Inventory that was submitted with the original permit application as Exhibit 2. Rule 2.04.4(1) requires that all areas proposed or likely to be affected by surface activities be included in the assessment of cultural resources. The Division requested that CAM update or otherwise amend the Cultural Resource Inventory prepared for the Fruita Loadout to include the new borrow area that was incorporated into the proposed permit boundary. A Class III Cultural Resources Inventory for the original project area was completed by Grand River Institute on May 25, 2010 on behalf of CAM and was reviewed and approved by SHPO as previously stated. A Class III Cultural Resources Inventory of the 10 additional acres for the proposed project was conducted on April 28, 2011 by Grand River Institute. This documentation was subsequently forwarded to SHPO with the Division letter dated June 27, 2011. In a letter to the Division dated July 1, 2011 the Colorado Historical Society concurred