2016-08-08_GENERAL DOCUMENTS - C1981019

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PR-04, Colowyo Coal Mine C1981-019 9 August 2016 The following lists subsequent correspondence with OSM and other agencies: Colorado Division of Water Resources (letter received May 7, 2015) – The letter indicated that all water captured by Colowyo’s operations (including mine water, storm water, and other surface water) is subject to administration in over appropriated systems. Additionally, the letter indicates that groundwater exposed by mining operations (including pits) requires issuance of a well permit per CRS37-90-137(2), and that production well permits are necessary if water from dewatering wells is to be used by Colowyo (e.g., for dust suppression). Finally, the letter indicates that if construction or operation activities affect the flow of a stream or ditch the local Water Commissioner should be consulted. Colorado Parks and Wildlife (CPW) (letter received May 22, 2015) – The letter indicated that CPW has worked with Colowyo and OSM to develop site-specific mitigation to avoid impacts to wildlife habitat associated with the Collom project. History Colorado (letter received April 1, 2016) – The letter indicated that the State Historic Preservation Officer (SHPO) finds that no significant impact will result from the Collom project. The letter reiterates that work must be interrupted if archaeological resources are discovered. OSM (letter received June 8, 2015) – The letter indicates that OSM determined that the Collom project constitutes a mine plan modification requiring approval by the Assistant Secretary, Land and Minerals Management. Per the letter, this Decision was based on the Code of Federal Regulations (30 CFR Parts 740 and 746), and not based on the technical aspects of the revision application itself. Finally, OSM states that they shall begin developing a Mining Plan Modification Decision Document based on the National Environmental Policy Act (NEPA), the Bureau of Land Management’s (BLM’s) Resource Recovery and Protection Plan, the PAP, Division findings, consultations with the USFWS, and consultations on cultural resources. Regarding the relationship between the Collom project and NEPA, OSM has written an Environmental Assessment (EA) that was published January 19, 2016, and the public comment period has been completed. This EA analyzes the potential environmental effects of the Collom Expansion project. 3.1.3 Status of Permit Stipulations Beginning in 1998, and through the issuance of PR-03 (May 29, 2013), the Division added 17 stipulations to the Colowyo Permit. Ten stipulations (Stipulations 1, 5, 6, 8, 9, 11, 12, 13, 14, and 16) have been complied with and terminated. Stipulations 2, 3, 4, 7, 10, 15, and 17 have a status of “Future.”