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~~~~ <br />2017M <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />RECLAMATION AND ENFORCEMENT <br />BROOKS TOWERS <br />1020 15TH STREET <br />DENVER, COLORADO 80202 <br />In Reply Refer To: <br />Mr. David Canning <br />Sunland Mining Corporation <br />P.0. Box 55 <br />Oak Creek, Colorado 80467 <br />Dear Mr. Canning: <br />July 13, 1988 <br />999 <br />TAI~~ ~ <br />PNDE IN ~ <br />-~ ~ <br />4441 <br />CO-0037 <br />The Office of Surface Mining Reclamation and Enforcement (OSMRE) is currently <br />in the process of terminating the Federal permit (CO-0037), issued on May 31, <br />1983 for the Apex #2 mine. The Federal permit is no longer necessary since <br />this mine is nox permitted to operate under State permit C-81-011 ae per the <br />implementation of the cooperative agreement between Colorado and OSMRE. <br />An item has come to our attention xhich needs to be resolved in order for the <br />permit termination to proceed. As called for in the Endangered Species Act, <br />any Federal action being taken on an OSMRE permit must include Section 7 <br />consultation with the U.S. Fish and Wildlife Service (FWS) concerning _ <br />potential effects to threatened and endangered species. OSMRE requested a <br />list of Federally Listed Species from the FWS and received the enclosed <br />memorandum. As indicated in the memorandum, three species of fishes are <br />listed ae being potentially affected by the Ape: #2 mine as s result of water <br />depletion from the Colorado River Basin. Before preparing a biological <br />assessment based on the species list from FWS, OSMRE is requesting that <br />Sunland submit its projected life-of-mine average annual depletion rate (acre <br />feet) of water from the river basin. This depletion will be used to <br />calculate a dollar amount that will need to be paid to the FWS conservation <br />fund for offsetting the impacts of the project to Federally listed endangered <br />species. The current rate for calculation of the contribution is a one-tiros <br />payment of $10/acre foot based on the annual estimated rate of depletion. <br />Upon payment, the impacts to the Federally listed species will be considered <br />mitigated. This will allox FWS to prepare its final Biological Opinion <br />indicating that "no effect" ie occurring to threatened and endangered species <br />as a result of the Apez # 2 mine operation. <br />Please submit your estimated annual depletion figure to this office. Upon <br />receipt, OSMRE will review the depletion estimate and notify you of how much, <br />when and where the contribution to the conservation fund should be s~~e''nt. <br />~~~C~~~ <br />JUL 14 1988 <br />MINED LAfvD <br />RECLAMATION OIV1;:1ON <br />