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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman SL, Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />August 22, 2006 <br />Tonya Hammond <br />Snowcap Coal Company, Inc. <br />P.O. Qox 1430 <br />Palisade, CO 81526 <br />RE: Roadside Portals (Permit No. C-7981-041) <br />Permit Revision Application No. 3 (PR-3) <br />Land Use Change and Reclamation Plan Revision <br />Dear Ms. Hammond: <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />&- <br />SAFETY <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />I spoke with Carl Johnston of the Office of Surface Mining (OSM) this morning regarding the referenced <br />permit revision application. He had just recently received our completeness notification, in which we <br />requested OSM assistance to prepare the biological assessment for review and concurrence by the U.S. Fish <br />and Wildlife Service (USFWS). A specific concern noted by Mr. Johnston, is that apparently, the <br />necessary formal consultation with USFWS regarding the effect of mine related water depletions on the <br />continued survival of the endangered fish species of the upper Colorado River has never been performed <br />for the Roadside Portals operation. This consultation will need to be completed in order for us to approve <br />the Permit Revision application. <br />[n order for OSM to initiate the formal consultation, it will be necessary for you to prepare an estimate of <br />the mining and reclamation related water depletions to the Colorado River, associated with the Roadside <br />Portals operation. This depletion estimate needs to address projected worst-case annual water depletions <br />for the entire operation, notjltst the portion of the operation affected by the PR-3 revision application. <br />Given the present status of the operations, the primary source of depletion would appear to be evaporative <br />loss from permit area impoundments (sediment ponds, containment sumps, and the inactive sewage <br />lagoons). Please provide aworst-case depletion estimate (acre-foot per year evaporative loss) for the mine <br />impoundments, broken down by projected loss for each impoundment. Worst-case depletion associated <br />with occasional road watering for dust suppression during periods of active reclamation or operational <br />activity associated with loadout use should also be addressed, along with any other activities that would <br />potentially result in water depletions to [he Colorado River. <br />In order to expedite the preparation of the biological assessment and USFWS consultation process, 1 would <br />ask that you prepare and submit the depletion estimate for inclusion in the PR-3 application (and ultimate <br />incorporation into the permit) as soon as practicable. <br />Please contact m 'you have any questions. <br />Sincerely, <br />Daniel T. athews <br />Environmental Protection Specialist <br />Carl Johnston, OSM <br />Dcnvcr Filc <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />