PERMFILE136225

• Permit No: X200621602
• IBM Index Class Name: Permit File
• Doc Date: 3/14/2006
• Doc Name: DOW Letter
• From: DMG
• To: Wildlife Conservation Biologist
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
COLORADO
DIVISION O F
MIN SRALS
GEOLOGY
0.EC LAM ATION•NINING
SAEETY•SOENCE
Bill Owens
Governor
Russell George
14 March 2006 Executive Director
Ronald W. CaBany
Kirk W. Navo Division DI(eC1Gr

Wildlife Conservation Biologist Natural Resource Trustee
Monte Vista Service Center
0722 South Road 1 E
Monte Vista CO 81144
Deaz Mr. Navo:
The Division of Minerals and Geology is evaluating an application to conduct coal
exploration by reopening the portals of an inactive coal mine and evaluating the coal
resources and physical condition of the mine with the idea of future redevelopment. The
activity is proposed at the Burnwell Mine #'s I and 2, neaz Durango.
Among the factors that the Division must consider in evaluating the proposal is the
impact of the proposed activity on wildlife, according to the Regulations of the Colorado
Mined Land Reclamation Board for Coal Mining. Specifically, Rule 2.02 states that the
application shall include "a statement, with appropriate references from the relevant State
or Federal agencies or published sources, which determines that the exploration and
reclamation described will not jeopazdize the continued existence of an endangered or
threatened species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533) or the Nongame, Endangered or Threatened Species Conservation Act
(Section 33-8-101 et seq. C.R.S.) or result in the destruction or adverse modification of
critical habitat of those species."
The applicant has included an excerpt from a 2001 Environmental Assessment on the
coal lease area by the U.S. Bureau of Land Management concerning threatened and
endangered species (attached.) The Division recognizes that the mine openings proposed
for disturbance serve as roosting and hibernation sites for bats of several species.
Previous conversations between the Division and your office have discussed that care
should be exercised by the operator to not disturb these openings at times when the
disturbance could prove harmful to the bats. The Division is unclear, however, if the
Division of Wildlife has the authority to stipulate any conditions on the disturbance of
these openings, even though none of the species involved aze listed as threatened or
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey