2015-09-08_REVISION - C1982056 (2)

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COLORADO Division of Reclamation, Mining( and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 September 8, 2015 Bob Postle Office of Surface Mining Western Regional Coordinating Center 1999 Broadway, Suite 3320 Denver, CO 80202 RE: Foidel Creek Mine; C-1982-056; Permit Revision No. 11(PRI 1); Fish and Wildlife; Section 7 Consultation Dear Mr. Postle, The Colorado Division of Reclamation, Mining and Safety (Division) received a permit revision application for the Foidel Creek Mine; Permit No. C-1982-056; operated by Twentymile Coal, LLC (TC). The application was received on July 8, 2015 and called complete for review on August 25, 2015. Permit Revision No. 11 (PR -11) revises the mining plan to include progressive development and longwall mining of the Wolf Creek Coal Seam Reserve. The requested revision addresses mining of three of the initial panels (WC-9RT, 8RT and 7RT (partial)) developed under TR -83; subsequent development (or partial development) of three additional panels in the Wolf Creek Reserve (WC-6RT through 4RT); and mining of Twentymile Coal LLC's owned and leased State and fee reserves in Panels WC-7RT (remainder), and 6RT through 4RT (eastern). The revision also includes development of an internal underground ventilation and utility shaft in the Wolf Creek main entries adjacent to the WC-8RT Panel and an adjustment to shift a segment of the eastern permit boundary to the east 160 acres. These proposed operations are projected to affect an additional 150 acres underground. This phase of the Wolf Creek operations will not require construction of any new surface facilities. However, longwall mining operations will result in controlled incremental subsidence of overlying areas; some of which have previously been subsided by recent mining operations in the Wadge Coal Seam. The coal reserves in T5N, R86W, Sections 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 which would be developed and mined under this proposed mine plan are owned by Twentymile Coal LLC or controlled under existing State Coal Lease CO -3229. The Division would like to confirm if a section 7 consultation is necessary for this permitting action? If so would formally request to initiate this process with your office. Fish and wildlife species at the site are discussed in section 2.04. 11 of the permit and the wildlife impact mitigation plan is located in section 2.05.6(2). Additional information regarding threatened and endangered species is located in Exhibit 23 and water depletion at the site is discussed in Exhibit 43. It appears the Office of Surface Mining (OSM) conducted a biological assessment in 2007 for the Foidel Creek Mine and the United State Fish and Wildlife Service (USFWS) commented on this assessment. Enclosed with this letter are the revised pages TC submitted to the Division in regards to threatened and endangered species with PRI 1. Should you have any questions, please feel free to call meat (303) 866-3567 ext. 8120 or e- mail me at Jared.Ebert&state.co.us 'co 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us * *� John W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director f