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<br />STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 O RA D O <br /> <br /> <br />Phone: (303) 866-3567 <br />SION O F <br />IRECUMATIN <br />O <br />FAX: (303) 832-8106 I N I N G <br /> <br /> AF ETY <br />December 11, 2008 <br /> Bill Ritter, Jr. <br /> Governor <br />Jon Wangnil and Brian Holmes Harris D. Sherman <br />Colorado Division of Wildlife Executive Director <br />P.O. Box 1181 Ronald W. Cattany <br /> <br />Meeker <br />CO 81641 Division Director <br />, Natural Resource Trustee <br />RE: Colowyo Mine, Permit No. C-1981-019 <br />TR-72, Wildlife Issues <br />Dear Jon and Brian: <br />The reason I am contacting you is because the Division of Reclamation Mining and Safety <br />(DRMS) consults with the Division of Wildlife during permit reviews on wildlife resources that <br />may be impacted by proposed coal mining operations. Representatives of DRMS have met with <br />Jon Wangnil and Brad Petch on several occasions over the past couple of years and I understand <br />that Brian will also be involved with wildlife evaluations on proposed mining activities at the <br />Colowyo Mine. To provide some background, the Coal Program operates under the Colorado <br />Surface Coal Mining Act and the Regulations promulgated under that Act, the Regulations of the <br />Colorado Mined Land Reclamation Board for Coal Mining: <br />(http://www.mining.state.co.uslrulesregs/Coal%2OReizulations%209%2014%2005 ndf ). <br />The guiding wildlife regulations are listed below. <br />1. Pre-mining wildlife baseline data, threatened/endangered species and important <br />habitat in a proposed mine area for the baseline data (Rule 2.04.11) <br />2. Mitigation of Surface Coal mining operations - Fish and Wildlife 2.05.6(2) <br />3. For areas with a wildlife postmining land use minimum stocking levels, planting <br />arrangements and methods for mitigation of potential adverse impacts must be <br />determined on the basis of local and regional conditions after consultation with <br />and approval by the Colorado Division of Wildlife. (Rule 4.15.8(7). <br />4. Protection of Fish, Wildlife, and Related Environmental Values (Rule 4.18). <br />We are currently reviewing a technical revision to the permit (TR-72) in which Colowyo Coal <br />Company is proposing to change their reclamation plan. We have been in discussions with <br />Colowyo on the possible changes to their plan for quite some time and a revision was submitted <br />Office of <br />Mined Land Reclamation <br />Denver • Grand Junction • Durango <br />Office of <br />Active and Inactive Mines