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STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILE L OPPORTUNITY EMPLOYER AN EQUA Bruce McCloskey, Director 8060 Broadwa G ?p46 y Denver. Colorado 60216 1 PUG at`On• Telephone: (303) 297-1192 yclart $etetY - August 7, 2006 O'?`sl?inn9 and M Colorado Division of Minerals and Geology Mr. James R. Stark; Environmental Protection Specialist 1313 Sherman Street, Room 215 Denver, CO 80203 'q.0 For Wildlife- For Peopk Re: CDOW Comments on the Wildlife Impacts and Reclamation Recommendations for Colowyo Coal Mine Permit Revision Application No. 2 (PR-2) Dear Mr. Stark: The Colorado Division of Wildlife (CDOW) is sending this letter in response to your notice of Colowyo Coal Mine's (Mine) request to revise their existing permit boundary to include expanding mining operations into South Taylor Creek and Lower Wilson Creek. According to the notice, the Mine is requesting to add a total of 6,050.1 acres to the existing permit boundary. The CDOW provides the following comments for consideration related to the revision application. Overall, of all Mine owned/controlled lands in the Danforth Hills, the CROW believes the proposed permit area is least likely to have significant impacts on local wildlife populations. The proposed site is primarily composed of mountain shrub communities consisting of mostly Gambel's oak, serviceberry, and sagebrush. There is also one main stand of aspen in the upper reach of the east fork of Wilson Creek. The CDOW does recognize this to be important wildlife habitat for elk, mule deer, mountain lions, black bear, and wintering Columbian sharp-tailed grouse, as well as, other wildlife species. Sage grouse, a native species of significant concern to CDOW and a species found in high abundance on Mine lands farther to the west, are not expected to be impacted by this proposed permit area. Additionally, the CDOW does not anticipate major impacts on elk and deer migration corridors or critical winter range from this proposed expansion. This is primarily due to the fact that this site is immediately adjacent to current Mine operations and animals have become accustomed to this disturbance. Also, the fact that most of the proposed permit area lies between 7000 and 8000 feet in elevation, normal snow levels are too deep to allow for wildlife to utilize this site during the critical wittier months of December, January, and February. On July 10, 2006, District Wildlife Manager (DWM) Jon Wangnild toured the site in question and reclamation sites within the existing permit boundary with Mine Environmental Staff. During the tour, DWM Wangnild had an opportunity to discuss the Mine's plans including: proposed phases (by year) of mineral extraction, increased infrastructure development, and intended reclamation design. Reclamation plans were further discussed in great detail. The Mine and DWM Wangnild agreed that completed reclamation within the existing permit may not adequately be providing the desired habitat components for all wildlife species that had historically used the site. It was also obvious that certain wildlife species (elk and pronghorn) were heavily using the site and have done so for some time post reclamation. Therefore, it was agreed that the reclamation practices used in the past certainly provided adequate herbaceous vegetation (primarily grass) to allow for soil stability and ground level cover that certainly benefits many wildlife species adapted to grassland habitat environments. However, the chief vegetative component still missing from the site was a consistent shrub community primarily consisting of Gambel's oak, DEPARTMENT OF NATURAL. RESOURCES, Russell George, Executive Director WILDLIFE COMMISSION, Jeffrey Crawford, Chair • Tan Blake, Vice Chan • Claire O'Neal, Secretary LA-a - P Id F- Rirk Fnetmm • PhFr- .lamas . Rirhsnl P-- PMM.qt-k- Kan Trv.o¢ 4.15-19 Revision Date: 3/14/08 Revision No.: TR-72