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III IIIIIIIIIIIIIIII <br />STATE, OF COLORAllv <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80?03 <br />Phone: (303) 866-3567 <br />FAX: 13031 83 2-81 06 <br />United States Department of the Interior <br />Fish and Wildlife Service, Ecological Services <br />Attn: Allan R. Pfister, Assistant Colorado Field Supervisor <br />764 Horizon Drive, building B <br />Grand Junction, Colorado 81506-3946 <br />Re: Colowyo Coal Mine (Permit No. C-1981-O19) <br />Technical Revision No. 53 (TR-53) <br />Extend Mining into Section 17, T3N, R93W <br />Reference: ES/CO:CDMG <br />MS 65412 GJ <br />Deaz Mr. Pfister: <br />~~ <br />DIVISION Of <br />MINERALS <br />GEOLOGY <br />0.ECLAMAiION <br />MI NING•SAFETY <br />ell owes <br />Governor <br />Creg E. Walther <br />Executive Dbeaor <br />Michael 8. Long <br />Orvlsipn Dneaor <br />Thank you for your letter of May 21, 2001, reference above. The Colorado Division of Minerals <br />and Geology (Division) on June 4, 2001 transmitted your letter to the Colowyo Coal Company, <br />L.P. (Colowyo). In a response of June ] 3, 2001, Colowyo provided the following comments. <br />(italics added) <br />"Comment 1 -The USFWS makes note of a previous consultation regarding water depletions that <br />would effect the Colorado River endangered species. The consultation occurred as a result of PR- <br />O1 in 1992. (PR-01 addresses the frst permit revision processed in 1992) The Division approval <br />of PR-01 resulted in the construction of two additional sedimentation ponds resulting in the <br />estimated evaporative loss of 2.6 acre/ft/yr. Colowyo made aone-time payment of $11.50 per <br />acre-foot or $29.90 to the National Fish and Wildlife Foundation. (Please see the attached <br />documentation regarding the Foundation). Because TR-53 does not involve the construction of <br />additional ponds, and therefore no additional evaporative losses, there will be no additional impact <br />to the Colorado endangered fish species. (Copies of the following documents provided in the <br />response are enclosed: National Fish and Wildlife Foundation letter of March 19, 1992, to <br />Colo>vyo; Colowyo letter of March 18, 1992, to the National Fish and Wildlife Foundation; and <br />Colowyo letter of March 18, 1992, to the Office of Surface Mining, Reclamation and <br />Enforcement.) <br />Comment 2 -Within the subject 30 acre area, no greater sage-grouse leks or sharp-tail grouse leks <br />have been identified. Recent research has demonstrated substantial increased use of coal mine <br />reclaimed areas in northwest Colorado as important sharp-tailed grouse habitat. Recently, sharp- <br />tail grouse use has increased on Colowyo reclaimed areas with the identification of the first lek <br />and observation of nesting birds. Colowyo is also presently participating in a cooperative study <br />