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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources A-41 <br />1313 Sherman St., Room 215 <br />COL O RA <br />D O <br />Denver, Colorado 80203 D I V 1 5 1 0 N F <br />O <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAFETY <br />Bill Ritter, Jr. <br />Governor <br />July 16, 2008 <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Mr. Carl Johnston Division Director <br />OSMRE Natural Resource Trustee <br />1999 Broadway Blvd, Suite 3320 <br />Denver, Co 80202-5733 <br />RE: CAM Mining LLC, McClane Canyon Mine (Permit No. C-1980-004) <br />Technical Revision No. 16 (TR-16) Adequacy Response Review <br />New Coal Mine Waste Pile and Associated Facilities <br />Dear Mr. Johnston: <br />As part of our TR-16 review for the McClane Canyon Mine we inquired whether or not <br />section 7 consultation with the U.S. Fish & Wildlife Service would be required. The <br />Office of Surface Mining (OSM) responded with your letter dated February 7, 2008. The <br />OSM has identified Threatened and Endangered Species related concerns with regard to <br />the potential for increased pond evaporative losses associated with the proposed new <br />sediment pond, and possible impact of proposed new disturbance on the threatened Uinta <br />Basin hookless cactus (Sclerocactus glaucus). <br />The Division of Reclamation, Mining and Safety (Division) forwarded your letter to the <br />operator in our adequacy review dated February 13, 2008. We requested the operator to <br />address OSM concerns regarding pond evaporative loss affect to endangered fish and <br />possible impact of proposed new disturbance on the threatened Uinta Basin hookless <br />cactus (Sclerocactus glaucus). The operator has responded as described below. <br />The operator submitted a new Appendix "P" Water Consumption Estimate, which should <br />address the OSM endangered fish concern since the new water consumption estimate is <br />less than previous consultations. A copy of the revised Appendix P is enclosed for your <br />review along with the written response from CAM Mining LLC. <br />The response did not address the concern regarding the threatened cactus. We have <br />requested that the operator address the concern raised in the OSM letter regarding <br />potential impact to Sclerocactus glaucus. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand ]unction • Durango Active and Inactive Mines