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jQPP�0-S�� s"yFy <br />a� p United States Department of the Interior <br />i OFFICE OF SURFACE MINING <br />gQCH 3.�a °9 RECLAMATION AND ENFORCEMENT <br />Western Region Office <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202 -3050 <br />September 26, 2013 <br />Sandy Brown, Senior Environmental Protection Specialist <br />Department of Natural Resources <br />Division of Reclamation, Mining, and Safety <br />The Centennial Building <br />1313 Sherman St., Rm. 215 <br />Denver, CO 80203 <br />O G��F SURFgC��y� <br />r <br />m �Z <br />A ENFO <br />RECEIVE ND <br />s p 3 0 2013 <br />Division of Reclamation, <br />Mining & SaM -0100 <br />RE: Hayden Gulch Loadout (Permit No C 1992 081) Technical Revision No 10 (TR 10) OSM Reply <br />to Request for Section 7 Consultation <br />Dear Ms. Sandy Brown: <br />The Colorado Division of Reclamation, Mining, and Safety ( CDRMS) contacted the Office of Surface <br />Mining Reclamation and Enforcement's Western Region (OSM) to inquire if section 7 consultation was <br />needed for the Hayden Gulch Loadout Permit Renewal No. 4. The OSM reviewed all documents relevant <br />to this action to include: prior section 7 consultation, bond release application SL -1, the permit boundary <br />map and operation change notifications. The Hayden Gulch Loadout is a facility that is no longer used <br />for coal loacut and has the status of Phase I Bond Release. <br />The OSM accessed the United States Fish and Wildlife Service ( USFWS) Information, Planning, and <br />Conservation System website and found that since Hayden Gulch Loadout's last Biological Opinion, one <br />T &E species (the Greenback cutthroat trout), two candidate species, and (the Grater sage grouse & the <br />Yellow - billed cuckoo), and one proposed species (the North American wolverine) have been added to the <br />area. The OSM contacted the USFWS, via email, to see if a section 7 consultation was required. All <br />documentation that the OSM reviewed was given to the USFWS. The USFWS replied OSM's request, <br />via the attached email, stating that there is no need for consultation with this current action. <br />If, at any time, the Hayden Gulch Terminal, a sub company of Peabody, does intend on disturbing any of <br />the Hayden Gulach Loadout area situated on land belonging to the federal government, the CDRMS is <br />required to initiate section 7 consultation with the OSM. <br />If you have any questions regarding this section 7 consultation, please contact me at (303) 293 -5078. <br />Sincerely, <br />Nicole Caveny <br />Environmental Protection Specialist <br />