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"~ <br />IN REPLY REFER TO: <br />United States Department of the Interior ~ <br />~C~1d~d r <br />71 fd.rvi5 Crrc.r~ -$4nc1t <br />office. (~3~~~ <br />OFFICE OF SURFACE MINING <br />Reclamation and Gnforeement <br />N.O. Box 46667 <br />Dem~er, Colorado 80201-6667 <br />December 19, 2006 <br />Mr. Al Pfister -Assistant Field Supervisor <br />U.S. Fish & Wildlife Service <br />Ecological Services <br />Western Colorado Office <br />764 Horizon Drive, Building B <br />Grand Junction, Colorado 81506-3946 <br />CO-0015 <br />RE: Formal section 7 Consultation, Snowcap Coal Company, "Roadside North and South <br />Portals" mine, Permit C-81-041 -Post Mining Land Use Change, Permit Revision PR-03 <br />Dear Mr, Pfister: <br />This is in response to the U.S. Fish & Wildlife Service's (USF&WS) memorandum dated <br />November 22, 2006, (ES/GJ-6-CO-99-F-033-CP078) for the above subject. Enclosed is the <br />signed original Recovery Agreement, executed by Snowcap Coal Company, Inc. <br />As you may recall, the Roadside North and South Portals (formerly larown as the Roadside and <br />Cameo Mines) underground coal mines are located in Mesa County, Colorado, approximately <br />three (3) miles northeast of the town of Palisade, Colorado, adjacent to the Colorado River, at the <br />Cameo exit of Interstate I-70 in DeBeque Canyon. <br />Specifically, PR-03 proposes to change the post mining land use from fish and wildlife habitat to <br />industrial and commercial on approximately 15 acres of the South Portal area. A local fruit <br />grower, Providence Place, Inc., has entered into a lease agreement with Snowcap Coal Company, <br />Inc. to use the existing office and warehouse and cafeteria training buildings for fruit processing, <br />storage and retail sales. <br />In the November 22, 2006, memorandum USF&WS concurred with OSM's September 22, 2006, <br />Biological Assessment that PR-03 would have "no effect" on the bald eagle, Canada lynx, <br />southwestern willow flycatcher, and the Uinta basin hookless cactus and are not likely to <br />jeopardize the Yellow-billed cuckoo and DeBeque Phacelia. <br />OSM's September 22, 2006, Biological Assessment also determined that PR-03 "may affect / <br />likely to adversely affect" the continued existence of the Colorado pikeminnow, humpback chub, <br />razorback sucker and bonytail due to a net annual water depletion of 22.1 ac/ft from the Upper <br />Colorado River Basin. The USF&WS's November 22, 2006, memorandum requested that <br />Snowcap Coal Company, Inc. enter into a Recovery Agreement before final section 7 could be <br />granted. <br />TAKE PRIDE~'~~ <br />1NAM ER ICA--~„~ <br />