1997-09-17_REVISION - M1981302 (3)

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III IIIIIIIIIIIII III �/� .�� ., � 999 CITY OF BOULDER, COLORACO � Office of the City Attorney Y Municipal Building Joseph N. de Raismes, III P. O. Box 791 City Attorney Y4 Boulder, Colorado 80306 Phone 441-3020 Jane Greenfield Deputy City Attorney August 14, 1997 Mike Long, Director Division of Minerals and Geology RECtIV r' Department of Natural Resources 1313 Sherman St., Room 215 SEP 17 1997 Denver, CO 80203 division of Minerals& Re: Western Mobile Deepe Pit Amendment Dear Mike: I am writing you to express the concern of the City of Boulder(the"City") as to the various positions taken by your staff concerning the impact of endangered species issues on the reclamation process. More specifically, in the proceedings concerning the Western Mobile Deepe Pit Amendment it has been your position that it would be appropriate to consider reclamation impacts to endangered, threatened or candidate species on adjacent properties, but it is not appropriate to consider whether the reclamation plan should create or consider habitat for such species on the permitted property. The City believes this position is certainly not required by your organic statute, and is in direct violation of the MEMORANDUM OF AGREEMENT between THE STATE OF COLORADO and THE DEPARTMENT OF THE INTERIOR CONCERNING PROGRAMS TO MANAGE COLORADO'S DECLINING NATIVE SPECIES, dated November 29, 1995 (the "MOA"). The'City, aiong with numerous other water providers has been involved in many federal issues over the last ten years concerning federal permitting. In addition, the states of Colorado, Wyoming and Nebraska, and the United States recently entered into a cooperative agreement concerning endangered species on the South Platte River. The bottom line is that the State, or individual users who develop water or whom have existing facilities,will be paying dearly to protect habitat in Nebraska for certain species. The underlying basis for the state entering into the MOA with the Department of Interior was to prevent species from being listed, and thus minimize the possibility of this problem developing in the future. That is,in our opinion, an appropriate proactive course of action. However, after participating in the Deepe Pit process, the City has serious doubts about the commitment of the State of Colorado to the MOA. K:ALPHATWAMN-ML.IAX