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<br />DEPARTMENT OF NATURAL RESOURCES
<br />DIVISION OF WATER RESOURCES
<br />Michael P. Boulay, Environmental Protection Specialist
<br />Division of Reclamation, Mining and Safety
<br />1313 Sherman Street, Room 215
<br />Denver, Colorado 80203
<br />Re: Fruita Loadout (Permit No. C- 2010 -088)
<br />New Permit Application
<br />Dear Mr. Boulay:
<br />The Division of Water Resources has reviewed the Fruita Loadout (Permit No. C- 2010 -088)
<br />application for a new permit. The application proposes to operate a coal loadout facility on land located
<br />approximately 3.5 miles west of Fruita in Mesa County. The SEO would like to express two general
<br />concerns with the project.
<br />The applicant proposes to use sediment ponds for drainage of stormtsurface water. Currently
<br />this location is not considered overappropriated, however, if this area becomes overappropriated, the
<br />storage of surface water will be subject to administration. It is recommended that a water court decree be
<br />obtained to affirm the priority of the storage of storm water. If the construction of any sediment ponds
<br />exposes ground water, the pond must be backfilled immediately until a well permit issued pursuant to
<br />CRS 37 -90- 137(2), allowing the exposure of ground water in a pit, is obtained from the State Engineer.
<br />The applicant identifies the use of four existing monitoring wells. The SEO has no records of permits for
<br />these wells. If these wells were constructed as monitoring holes they must be plugged and abandoned
<br />within one year of completion or else permitted as monitoring wells with the SEO; if these wells were
<br />completed without a valid monitoring hole notice or well permit the applicant needs to take immediate
<br />action to plug or permit the wells. Last, the applicant states that portions of the site may affect current
<br />surface water diversions. If at any point the applicant's operations will affect surface diversions they
<br />should consult with the local water commissioner, Jim Lemon at jim.lemon @state.co.us, to assure no
<br />injury to water rights occur.
<br />Thank you for the opportunity to comment on this project. If you have any questions, please
<br />contact this office.
<br />Sincerely,
<br />l ,
<br />Karlyn Adams '
<br />Water Resource Engineer
<br />KAA: Fruita Loadout C- 2010- 088(NP).docx
<br />cc: Alan Martellaro, Division Engineer, Division 5
<br />Jim Lemon, Water Commissioner, District 72
<br />Office of the State Engineer
<br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 -866 -3581 • Fax: 303 - 866 -3589
<br />www.watenstate.co.us
<br />Bill Ritter, Jr.
<br />Governor
<br />eCK
<br />Mike King
<br />Executive Director
<br />1/
<br />QED
<br />Dick Wolfe, P.E.
<br />OCT 2 8 2010
<br />Director/State Engineer
<br />October 28, 2010 ptvraw�� u'
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<br />�iMeg ar;d ,
<br />Michael P. Boulay, Environmental Protection Specialist
<br />Division of Reclamation, Mining and Safety
<br />1313 Sherman Street, Room 215
<br />Denver, Colorado 80203
<br />Re: Fruita Loadout (Permit No. C- 2010 -088)
<br />New Permit Application
<br />Dear Mr. Boulay:
<br />The Division of Water Resources has reviewed the Fruita Loadout (Permit No. C- 2010 -088)
<br />application for a new permit. The application proposes to operate a coal loadout facility on land located
<br />approximately 3.5 miles west of Fruita in Mesa County. The SEO would like to express two general
<br />concerns with the project.
<br />The applicant proposes to use sediment ponds for drainage of stormtsurface water. Currently
<br />this location is not considered overappropriated, however, if this area becomes overappropriated, the
<br />storage of surface water will be subject to administration. It is recommended that a water court decree be
<br />obtained to affirm the priority of the storage of storm water. If the construction of any sediment ponds
<br />exposes ground water, the pond must be backfilled immediately until a well permit issued pursuant to
<br />CRS 37 -90- 137(2), allowing the exposure of ground water in a pit, is obtained from the State Engineer.
<br />The applicant identifies the use of four existing monitoring wells. The SEO has no records of permits for
<br />these wells. If these wells were constructed as monitoring holes they must be plugged and abandoned
<br />within one year of completion or else permitted as monitoring wells with the SEO; if these wells were
<br />completed without a valid monitoring hole notice or well permit the applicant needs to take immediate
<br />action to plug or permit the wells. Last, the applicant states that portions of the site may affect current
<br />surface water diversions. If at any point the applicant's operations will affect surface diversions they
<br />should consult with the local water commissioner, Jim Lemon at jim.lemon @state.co.us, to assure no
<br />injury to water rights occur.
<br />Thank you for the opportunity to comment on this project. If you have any questions, please
<br />contact this office.
<br />Sincerely,
<br />l ,
<br />Karlyn Adams '
<br />Water Resource Engineer
<br />KAA: Fruita Loadout C- 2010- 088(NP).docx
<br />cc: Alan Martellaro, Division Engineer, Division 5
<br />Jim Lemon, Water Commissioner, District 72
<br />Office of the State Engineer
<br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 -866 -3581 • Fax: 303 - 866 -3589
<br />www.watenstate.co.us
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