2017-02-03_REVISION - C1980004 (6)

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and ending on December 31, 2010. Copies of the application were filed with the Mesa County Clerk and Recorder's office in Grand Junction, CO, and the Denver, CO office of the Division. Letters regarding the PR -02 application were sent by the Division on November 10, 2010 to Office of Surface Mining — Western Regional Coordinating Center, the U.S. Army Corps of Engineers, Bureau of Land Management, U.S Fish and Wildlife Service, Natural Resources Conservation Service, Colorado Department of Water Resources, Colorado Geological Survey, Colorado Department of Health, Colorado Dept. of Public Health and Environment, Colorado Natural Heritage Program, Colorado Division of Wildlife (now Colorado Parks and Wildlife), Colorado State Historical Office, Garfield County Planning Department, and Garfield County Commissioners. Comment letters were received by the Division from the U.S. Bureau of Land Management, U.S. Fish and Wildlife Service, Colorado Division of Water Resources, Colorado Division of Wildlife and Colorado State Historical Office. Adequacy comments (if any) from state and Federal agencies were incorporated into the Division's adequacy review. Most notable comments came from the U.S. Bureau of Land Management. In a letter dated February 9, 2012, U.S. Bureau of Land Management stated it could not provide the Division with concurrence to approve the MCM's PR -02 application due to non-compliance with their Resource Management Plan. As a result of this comment, all surface facilities originally proposed under PR -02 were removed to meet U.S. Bureau of Land Management's Resource Management Plan. The Division sent a total of one hundred and twenty adequacy review comments to MCM between February 15, 2011 and December 8, 2016. MCM submitted the final set of adequacy responses on December 16, 2016 which adequately addressed all of the Division's review questions. During the Division's review, it was observed that there was an error in the Division's affected acreage tracking for the McClave Canyon Mine. With the inclusion of PR -02, the affected acreage for the McClave Canyon Mine will be 1,645 total affected acreage. Currently the Division has 1,903.1 affected acreages in their acreage tracking system. To adjust for the changes and to ensure the Division's affected acreages are correct, the Division will be removing 258.1 affected acreages from the acreage tracking system which will be reflected in the proposed decision acreage table. Notice of Violations No violations were written from the period of the approval of Permit Renewal 07 and the proposed approval of Permit Revision 02. Description of the Environment The McClave Canyon Mine is located approximately 20 miles north of Loma, Colorado, at an elevation of approximately 5,800 feet. Land use within the permit and adjacent areas is rangeland supporting both livestock grazing (cattle) and wildlife habitat. There is some irrigated agriculture in the East Salt Creek Valley adjacent to the permit area. Livestock grazing is generally confined to the lower lying canyon bottom lands. The steep canyon sideslopes and rugged uplands are primarily used by wildlife. Both mule deer and elk utilize habitat within and adjacent to the permit area in various seasons, and are the most common large mammals. Black bear and mountain lion also occur in the area, along with numerous smaller mammals, songbirds, raptors, mourning doves and chukar partridge. 12