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Page 2 of 3 <br />resource survey for review. Please submit the cultural resources surveys associated <br />with the proposed disturbances proposed in MR -269 upon completion. <br />2. Division's initial comment: No discussion was submitted identifying the proposed <br />activities affects on possible threatened and endangered species and fish, wildlife, and the <br />related environmental values. In order to comply with Rules 2.04. 11 and 4.18 please <br />provide information to the Division discussing the effects of the proposed activities with <br />regard to the protection of fish, wildlife, and the related environmental values in addition <br />to any threatened or endangered species. <br />TC Response: TC has requested that CPW review the proposed activities re; any <br />anticipated impacts on fish, wildlife, and related environmental values, and provide a <br />consultation letter summarizing their review. We anticipate receipt of the CPW <br />consultation letter report the week of 11/25/2013, and will forward a copy on receipt. <br />Division Response: The Division understands that the Decision date for MR -269 has <br />been extended to December 13, 2013 in order for TC to provide the requested CPW <br />consultation letter for review. Please provide information to the Division discussing <br />the effects of the proposed activities with regard to the protection of fish, wildlife, <br />and the related environmental values in addition to any threatened or endangered <br />species. <br />Division initial comment: The Division understands that the proposed coreholes will be <br />drilled into the Wolf Creek coal seam. Based on the C- 1982 -056 Mineral Ownership <br />Map Map No. 2, the proposed coreholes are located in areas leased by the Colorado State <br />Land Board and the BLM. Please provide information to the Division which grants TC <br />the right to enter and extract coal from the Wolf Creek Seam. <br />TC Response: Corehole No. 1 in Section 21 falls within the portion of Federal Lease <br />COC -54608 that was retained when the remainder of this Federal lease was relinquished <br />in 2001. The remaining coreholes fall within existing State Lease CO -3229. The valid <br />lease documents are attached for reference, and provide for full right -of -entry for <br />exploration and related activities. Contacts with Jennifer Maiolo of the BLM Little <br />Snake Office confirmed that the provisions of COC -54608 would allow for exploration <br />down to and including the Wolf Creek Seam without a new Federal Coal Exploration <br />License, but a Lease Modification would be required for mining of the Wolf Creek Seam. <br />Division Response: The Division appreciates the submittal of the associated right -of- <br />entry documents. The State Lease document CO -3229 is adequate for all proposed holes <br />with the exception of Corehole No. l which falls in COC- 54608. The Division is in <br />communication with the BLM Little Snake Office as well, and has requested a letter to <br />the effect that TC has the right -to -enter and extract coal from the Wolf Creek Seam. The <br />Division recommends the TC also request a letter from the BLM providing proof of <br />right -to -enter and extract coal from the Wolf Creek Seam under COC- 54608. <br />