2014-05-13_REVISION - C1981044 (2)

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Peabody 0 BTU Empire Corporation 29515 Routt County Road #i27 Oak Creek, CO 80467 970.879.3800 January 3, 2007 Mr. Daniel I. Hernandez Senior Environmental Protection Specialist Colorado Division of Reclamation, Mining, and Safety 1313 Sherman Street — Room 215 Denver, Colorado 80203 (303) 866 -4933 Re: BTU Empire Corporation — Eagle 5 and 9 Mines (C -81 -044), Permit Renewal RN -04 — Additional Requested Information and Extension Dear Mr. Hernandez: This transmittal responds to your letter of December 11, 2006, summarizing T&E consultation requirements and conveying comments from the Office of Surface Mining, Reclamation, and Enforcement (OSMRE) regarding BTU Empire Corporations ( BTUEC) pending Permit Renewal RN -04. After reviewing your summary of consultation requirements, and the referenced requirements of Rule 2.07.6(2), we would submit that the CDRMS should be able to make the required fmdings without further consultation given the following considerations: The required finding was made on the previous Permit Renewal (RN -03). Under the current care and maintenance status, the potential for T &E species impacts remains unchanged from RN-03. - The operation remains in "Temporary Cessation ", and until such time as this status changes, there is no change in the potential for any impacts to T &E species or habitats. A change from the current operational status would require submittal and CDRMS approval of some form of permit revision (dependent on the nature and scope of the activities proposed at that time). BTUEC agrees that review of the potential for any changes to T &E impacts would be appropriate at that time. While additional species have been added to the US Fish and Wildlife Service (USFWS) TES Listing subsequent to the RN -03 Findings, the 11/21/06 Rare and Endangered Species Statement, prepared by the Colorado Division of Wildlife (CDOW) does not identify any of the newly listed species as occurring within the Empire Permit Area. Within the context of the above considerations, the following respond to the specific supplemental information requested by OSMRE: 1) The OSM stated that, "Any loss (of water), no matter how small, is considered a depletion to the Upper Colorado River system and an automatic "may affect /likely to adversely affect" to the continued existence of the Colorado pikeminnow, humpbacked chub, razorback sucker, and bonytail. " OSM noted that water consumption records in the Eagle Mine Complex permit have not been updated since the mine went into Temporary Cessation in 1995, and that Exhibit 36 does not include evaporative loss from sediment control ponds and impoundments. Please therefore update Exhibit 36, "Windy Gap Process", in the Eagle Mine Complex permit by addressing current water consumption and use, including evaporative water loss from sediment control structures.