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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 8663567 <br />FAX: (303) 832-8106 <br />December 27, 2004 <br />C. Crellin Scott <br />Senior Environmental Engineer <br />Colowyo Coal Company L.P. <br />5731 State Highway 13 <br />Meeker, Colorado 81641 <br />Re: Colowyo Coal Company L.P. (Permit C-1981-019) Raptor Protection Plan <br />Dear Mr. Scott: <br />COLORADO <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />0.f CLAMATION•MI NING <br />SAFETY•SGIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cottony <br />Division Director <br />Natural Resource Trustee <br />The Division of Minerals and Geology (Division) has reviewed the Colowyo Coal Company L.P. <br />(Colowyo) revised plan for raptor protection (Colowyo letter of December 17, 2004, Re: <br />Notification of Updated Improvement Plan for Raptor Protection at Colowyo Coal Mine, Permit <br />No. C-81-019). We received the letter and plan in the mail on December 23, 2004. <br />Raptor protection was one of the special focus topics of a Division inspection conducted on 19 <br />June 2002 [see Rule 4.18(4)]. Applicable construction requirements aze identified in Section 4.18 <br />on page 4.18-1 of the C-1981-019 Permit Application Package (PAP). However, neither the <br />environmental criteria for Electric Transmission System [SDI, USDA (1970)] nor the REA- <br />Bulletin 61-10, Powerline Contacts by Eagles and Other Lazge Birds, were available to the <br />inspectors for reference during the inspection. These documents were subsequently recovered, <br />both by Colowyo and the Division. <br />The next Division inspection was conducted on 1 August 2002. In attendance were <br />representatives of Colowyo, the Division, a Colowyo consultant, and a Colowyo-invited advisor <br />from the White River Electric Association. All transmission line poles on the permit site, and <br />poles of a 3-phase 69 Kva distribution line to the West Pit, were found (with a couple of <br />exceptions) to be in compliance with the requirements of the PAP. A number of power poles, on <br />lines constructed prior (according to Colowyo) to issuance of a C-1981-019 (C-81-019) Permit, <br />were identified as needing modification(s) to meet the requirements of REA Bulletin 61-10. Two <br />poles, A-6 and A-11, were identified for imminent modification, and this work was <br />accomplished. <br />In response to the findings of the above referenced Division inspections, Colowyo developed a <br />program to improve raptor protection throughout the mine site that incorporated state-of--the-art <br />practices described in REA Bulletin 61-10 (revised March 9, 1979), the SDI, USDA (1970) <br />Electric Transmission System publication, and the Edison Electric Institute publication entitled <br />1 <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />