2000-08-17_PERMIT FILE - C1981035

• Permit No: C1981035
• IBM Index Class Name: PERMIT FILE
• Doc Date: 8/17/2000
• Doc Name: Fish and Wildlife Information
• Section_Exhibit Name: KI Appendix 08
• Media Type: D
• Archive: No

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LMTED STATES DEPARTMENT OF THE INTERIOR
FISH AND WILDLIFE SERVICE
ECOLOGICAL SERVICES
Western Colorado Office
529 251/s Road,Suite B-113
Grand Junction,CO 81505-ti199 �w
PHONE:[phone] FAX:(303)245-M3
IN 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