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F1 _ IN REPLY REFER TO; • • United States Department of the Interior FISH AND WILDLIFE SERVICE COLORADO FIELD OFFICE 730 SfMMS STREET ROOM z9z GOLDEN, COLORADO so4at November 19, 1984 RECEIVED ~~C ~ t~bA Mr. Terrell Johnson Getty Mining Company 23385 Routt County Road 33 Oak Creek, Colorado 80467 Dear Terrell: MINED G1ND RECLAMATION UIVl510P1 Colo. Dept. of Natural Resources As requested in our meeting of October 9. 1984, I am writing to provide further clarification on USFWS/CDOW impact assessment and mitigation ideas for proposed development of the Little Middle Creek Coal Tract. I ap_oloaize for the delay in getting this letter to vou. We have previously identified our basic concerns both in an August 30th letter to vou and at the October 9th meeting. Mining of the Little Middle Creek Tract will likely have significant effects on a variety of wildlife. However, the potential extent of those impacts, particularly to sensitive species, has not and cannot be determined at this time. Perhaps our biggest concern then is that to meet your company's requested schedule, decisions on mitigation will have to be made before any realistic impact assessments can be completed. In effect, you are requesting an irretrievable commitment to development of the tract before any reasonable effort to determine mitigation needs can be undertaken. As discussed in our October 9th meeting, our agencies (USFWS, CDOW, BLM) are prepared to do everything we can to meet your company's time table. However, in light of uncertainties surrounding habitat importance and impact severity, it is essential that your company provide meaningful assurance that any realized, significant impacts to wildlife or important habitats will, in fact, be mitigated. Furthermore, an agreement must be assured that impact assessments and mitigation determinations will be achieved by means that are mutually acceptable to all responsible parties.