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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />131.3 Sherman SL, Room 215 <br />Denver, CO 80203 <br />Phone: (3031 866-J 567 <br />FA%: (303) 832-8106 <br />DATE: April 23, 1993 <br />TO: Steve Wathen <br />FROM: Larry Routten,~j <br />RE: HG Loadout/USFWS concerns <br />OF' e~/d <br />'~ 9 <br />~~~` ~. <br />0 <br />.,~~ . <br />rB ]6 <br />Roy Rnmer <br />Govemnr <br />Michael & Lang <br />~rvis ion Dircarn <br />Bob Leachman (USFWS;Grand Junction Office) called this afternoon. <br />He had our notification of a proposed decision to approve the HG <br />Loadout application. He said the T & E concerns related to water <br />depletion in the Colorado River Basin had not been resolved. After <br />talking with him, I phoned Brian Dunfee (Peabody). Brian said he <br />understood that DMG would follow up with USFWS after Peabody <br />estimated their water consumption in the permit. There is an April <br />14, 1993 memo to the file from you indicating the same thing. <br />Apparently, no further correspondences with USFWS was sent. <br />You need to write a letter, FAX it and follow up with a hard copy <br />to Leachman on Monday (4/26/93). The letter needs to say: <br />1. This is an addendum to our previous biological assessment in <br />regard to water depletion within the Colorado River Basin. <br />2. Page 4 of Tab 15 in the permit estimates a worst case water <br />consumption of 56.4 acre-feet per year and includes a commitment by <br />Peabody to pay the USFWS Fish and Wildlife Foundation to mitigate <br />effects of water depletion. DMG agrees with the applicant's <br />estimate of water consumption. <br />3. Based on the applicant's information, DMG finds that water <br />depletion may affect the listed fish species identified by USFWS. <br />4. The water depletion will be an "adverse modification"~on:'the <br />listed species. (You might check with Leachman about this last <br />wording). <br />It will take USFWS 30-45 days to process this. That will run <br />beyond the public comment period for our decision. Leachman said <br />he did not think that would be a problem since Peabody is ready to <br />pay. He said not to have Peabody send a check until he had done <br />some processing on his end. Once he has account numbers or some <br />such information, Peabody should probably send the check to keep <br />the process moving. We need to contact Leachman about this later <br />next week. <br />