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as '~.~"~ UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE • ECOLOGICAL SERVICES Wemtn Colorado orrice ~s~' 329 2S~h Roed, Suite 8-I 13 Grind Junction, CO 81303-6199 PHONE: (i03) 243-2718 FAX: (i03) 243fi933 Q4 REPLY REFER TO: ES/CO:OSM-CDMG MS 65412 GJ March 1, 1993 Tom Bird National King Coal, Inc. 1315 Main Ave. Suite 314 P.O. Box 2905 Durango, CO 81302 Subject: New coal lease areas under Colorado Mined Land Reclamation Division Permit #C-81-035, La Plata County, Colorado Dear Mr. Bird: In a letter written in early February of 1993 you indicated that you were not entirely clear of what the Mined Land Reclamation Division (now called Division of Minerals and Geology (CDMG)) required of your company in regards • to consultation with the U.S. Fish and Wildlife Service (Service). We will try to clear things up for you. Under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et. seq.), a Federal agency must consult with the Service if a "major construction activity" takes place on Federal land or requires a Federal permit or if an activity "may affect" a threatened or endangered species. The lead Federal agency for mining operations is the Office of Surface Mining, Reclamation, and Enforcement; however, they have delegated authority to CDMG for coal mining activities. The CDMG decided to have mining companies consult with the Service directly during the application preparation process. This is called `informal consultation"under the ESA. During early consultation it is the Service's responsibility to let the applicant know what threatened. endangered, and candidate species may occur in or near a project area and help the applicant avoid impacts to listed species. This procedure allows the applicant to consider modifications to projects prior to submitting a permit application. If plans can be modified ,this not only will help avoid impacts to listed species but also may eliminate the need for "formal consultation." If, during early or informal consulation, it is determined that a threatened or endangered species may occur in an area~a biological assessment should be prepared to help the Service determine if formal consultation is needed. Consistent with Section 7(a)2 of the ESA, formal consultation is required if the lead Federal agency determines that the proposed project "may affect" listed species or their critical habitats. • November 1993