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<br />,, <br /> <br />~~~ II~I~~I~~~I~~ II~ <br />United States Department of the Interior <br />OFFICE OF SURFACE M[NING ~~ <br />RECLAMATION AND ENFORCEMENT <br />BROOKS TOWERS ~~ ~ <br />1020 15TH STREET <br />DENVER, COLORADO 80202 <br />In Reply Refer To: <br />January 4, 1994 <br />Mr. Keith L. Rose <br />Assistant Field Supervisor <br />U.S. Fish and Wildlife Service <br />Ecological Services <br />Western Colorado Office <br />529 25 1\2 Road, Suite B-113 <br />Grand Junction, CO 81505-6199 <br />Dear Mr. Rose: <br />_ ~i-: <br />J!!1'd G c 7004 <br />n;;,.` <br />The Office of Surface Mining Reclamation and Enforcement (OSM) <br />received the Draft Biological Opinion for Mountain Coal Company's <br />West Elk Mine on November 10, 1993. This consultation was <br />initiated by Colorado Division of Minerals and Geology (DMG) on <br />September 16, 1993 for the permit renewal of the West Elk Mine. <br />Previous Section 7 consultation between the OSM and the U.S. Fish <br />and Wildlife Service (USFWS) resulted in the USFWS issuing a <br />Biological Opinion on August 20, 1985. This opinion was based on <br />the average annual water consumption of 11.9 acre feet per year <br />by the West Elk Mine. <br />OSM had previously determined that the renewal application being <br />reviewed by the DMG did not include a mining plan modification <br />that would require approval by the Secretary, therefore no <br />Federal action. was taken. 30 CFR § 746 includes the requirements <br />for.OSM's review and approval, disapproval or conditional <br />approval of mining plans on lands containing leased Federal coal. <br />Mountain Coal Company is in the process of leasing and permitting <br />the Jumbo Mountain Tract which contains 1012 acres (409 ha) in <br />Gunnison and Delta Counties, adjacent to the existing operation. <br />In order to reduce redundant consultation procedures, OSM will <br />reinitiate formal consultation after the application is submitted <br />to DMG and OSM for review. At that time OSM will have the <br />necessary information to adequately assess the impacts of the <br />projected annual water depletions for the entire operation. This <br />will also allow Mountain Coal Company to make only one <br />contribution to the National Fish and Wildlife Foundation. <br />Therefore, the Draft Biological opinion (CO-03-F-040) should be <br />retained by USFWS until OSM receives the new permit application <br />for the Jumbo Mountain Tract. <br />