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King Coal Mine (C-1981-035) TR -24 Adequacy Review #2 Response <br />and CHIA sections of the permit can be updated. <br />2.05.3 Operation Plan - Permit Area <br />DRMS 10/21/2015: The application for TR -25 was received by DRMS, found complete on 10 July 2015. <br />DRMS sent adequacy questions to GCC on 4 September 2015 and these are in the process of being <br />answered. DRMS received GCC's adequacy responses on 21 October 2015. Decision due date is 30 <br />November 2015. <br />GCCE 11/30/15: TR -25 is currently being reviewed by the Division. The decision date has <br />been extended to December 313, 2015. <br />2.05.6 Mitigation of Impacts of Mining Operations <br />DRMS 10/21/2015: An updated Fish & Wildlife Plan has been included in King I Section 2.04.11 and <br />King II Section 2.05.6. <br />These items has been satisfactorily addressed with the exception of. <br />It appears there may be habitat near the permit area for the Southwestern willow flycatcher (Empidonax traillii <br />extimus), listed on the Endangered Species list in 1995. Please provide information on the presence of and <br />extent of habitat in the area of the permit for the willow flycatcher. <br />GCCE 11/30/15: Southwestern willow flycatchers are small (six inches overall), brown - <br />olive to gray -green insectivorous birds of the southwestern United States in spring and <br />summer when they breed and raise young. They frequent dense riparian habitats, and <br />are often found in willow and tamarisk communities along perennial drainages. <br />Saturated soils, standing water or nearby streams or pools appear to be necessary <br />components of their habitat. <br />There is no habitat that fits this description within or adjacent to the King Coal permit <br />area. Given the predominantly open herbaceous nature of the proposed operation, and <br />the distance from any riparian habitat, the likelihood of affecting the southwest willow <br />flycatcher or its significant habitat is negligible. <br />A report by the Colorado Natural Heritage Program, dated May 20, 2015, listed only <br />Townsend's Big -eared Bats and Wolverines as "rare and/or imperiled species". This <br />report was submitted as Appendix 8(3) as part of the TR -24 initial submittal. <br />DRMS 10/21/2015: I have the Summary ofAnalytical Activities in Response to Neighborhood <br />Comments. This was updated 8 May 2014. 1 also have the Proposed Sampling Protocol for <br />proposed sampling procedures. I am unsure that either of these documents constitute the report <br />alluded to above. Please let me know what document/report you are referring to and/or send a <br />copy of the report to me at your earliest convenience. <br />Also, I have revised maps but I do not have any revised pages for section 2.04.7, Hydrology <br />Description, addressing the Vista de Oro subdivision wells and nearby area. Please provide <br />updated revised pages for section 2.04.7 as requested. <br />GCCE 11/30/15: King I & King II Sections 2.04.7 have been revised to include a description <br />of groundwater quantity and quality as it applies to the Vista del Oro subdivision and other <br />areas of concern. Appendix 4(5) has been added which contains the Colorado Division of <br />