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Initial Review Comments Orchard Valley Mine Modification 1. Cultural Resources- The applicant must submit the archeological report which was [o be completed in September, 1984. 2. Fish and Wildlife- a. The information regarding threatened and endangered species is insufficient to prepare the biological assessment required by the Endangered Species Act. Attached is a copy of our guide to the steps necessary [o satisfy our informational needs. b. CWI nust provide an analysis of the total depletion of streamflow to the upper Colorado River system to meet [he requirements of the U.S. Fish and h'iLdliEe Service's [Jindy Cap process. Attached is a copy of a draft discussion paper prepared by OSN/IdTC provirting .guidance on [he type of depletion components [o consider i.n this analysis. This document is still under review, bnt should provide a general idea o[ what is necessary [o compLv with this policy. 3. Response [o Federal Lease C-J7210 Stipulations- a. CIJI has no[ provided evidence or indication of the consultation of potentially affected water-right users, as required by Federal Leasa stipulations (d) and (E). b. CWI has not provided a plan for rerouting, water diverted from [he Overland Ditch around the proposed life-of-nine area into West Roatcap Creek as required by s[ipuLa[ion (f) of [he lease. The discussion provided in section 3(a)(ii)-~~ dOPS not Eullfill the requirements of [his stipulation. This plan must be submi[r.ed. c. TiaP application clearly proposes panel extraction of coal from the buffers beneath East Roa[cap Creek and Mavens Gulch. This is contrary [o stipulation (g) of the Federal lP.rse C-372ID and Che procedure agreed upon by CIJI, Che State of Colorado, and the Colorado Open Space Council. This stipulation and agreement allowed only entries Eor personnel and material movPnent, coal transport and ventilation. There was to be no advance or retreat development. Accordingly, BLM geologists deleted reserve tonnage for [hose buffer areas, except For coal taken from the passage entries, and no bonus bid was paid on this coal. The proposed level of mining activity in these buffer zones must be reduced.