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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 />September 4, 2013 <br />Jerry Nettleton <br />Moffat County Mining, LLC <br />29515 Routt County Road #27 <br />Oak Creek, CO 80467 <br />Re: Williams Fork Mine (Permit No. C- 1981 -044) <br />Permit Renewal #6 <br />Adequacy Review <br />Dear Mr. Nettleton, <br />COLORADO <br />ID IV I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />The following Division comments are addressing items that were left unresolved due to the Division <br />awaiting third parry responses and technical difficulties. <br />Rule 2.04.11— Fish and Wildlife Resource Information <br />1. Division: Asper Rule 2.07.6(n), the Division is required to make a findings that activities <br />would not affect the continued existence of endangered or threatened species or result in the <br />destruction or adverse modification of the critical habitats as determined under the <br />Endangered Species Act of 1973 (16 SUC Sec. 1531 et seq.) or the Nongame, Endangered <br />or Threatened Species Conservation Act (Section 33 -2 -101 et seq., C.R.S.). <br />Please ensure that all information in Section 2.04.10 Vegetation Information, Section <br />2.04.11— Fish and Wildlife Information, Section 2.05.6(2) Fish and Wildlife Plan, Exhibit <br />14 Vegetation Information and Exhibit 15A Threatened, Endangered and Sensitive <br />Species Information and confirm to the Division in writing that all threatened and <br />endangered species, candidate species and their habitats listed for Moffat County have been <br />discussed and evaluated. <br />MCM.• The most recent USFWS Colorado list and the corresponding IPaC mapping were <br />reviewed, and it was confirmed that no TES species or critical habitat (with current use) <br />occur within the Mine Permit Area The corresponding Permit text was reviewed, updated, <br />and revised to reflect the most recent information. <br />Division: The Division is currently waiting for the Colorado Division of Parks (DPW) and <br />Wildlife to review and respond back to the Division regarding MCM's updated TES listing <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />