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-III IIIIIIIIIIIII III 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman 51., Room 215 Denver, CO 80203 Phone: 13031 866-3567 FA%:13031832-8106 February 17, 1994 Mr. Greg Reed Office of Surface Mining, Reclamation and Enforcement Western Support Center 1020 15th Street Denver, CO 80203 RE: Orchard Valley Mine, File C-81-038, Windy Gap Process Dear Mr. Reed: oF'ooto i, :f Ne ~ ~~~ ~By6 Roy Romer Governor Michael B. Long Division Dvecior The Division of Minerals and Geology (DMG) recently forwarded a copy of the water depletion calculations, attributable to the Cyprus Or>rhard Valley Mine in Paonia, to the U.S. Fish and Wildlife Service, with a copy sent to you. DMG comments on the calculations were enclosed. As I understand the process, subsequent to the interagency meeting between DMG, USFWS and OSM, DMG is to review the calculations provided by the coal mine operator, make a determination as to its adequacy, and forward [he package with our comments to OSM. Final consultation is then to take place between the OSM and USFWS. As we discussed earlier, the OSM does not review Windy Gap calculations during the coal mine permit renewal process, which is where the Orchard Valley water depletion assessment originated. These calculations do, however, take into account mine permit conditions that were revised during the Permit Revision No. 3 process which occurred concurrently with the permit renewal process. In light of this information, would you please review the package mailed to you on January 7, 1994 (additional copy enclosed) and initiate consultation with the USFWS. Also enclosed is a copy of the USFWS preliminary response to the DMG review of the Orchard Valley Windy Gap process submittal. Thank you for your cooperation. If you have any questions, or need additional information, please contact me. Since~Qrel~y, (' /J" ~. ~.1 Steve S. Shuey Environmental Protectio Specialist Enclosures m:\oss\scm\reedltr. sss