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SALT C~~'~'Tr 1N~~NII~7G CO_ <br />P_O. Drawer L <br />FYuita. Colorado 87521 <br />• X303) 858-]39fa <br />February 5, 1986 <br />Mr. Robert E. Leachman <br />Acting Project Leader <br />Endangered Species Office <br />551 25 1/2 Road, Suite B-113 - <br />Grand Junction, Colorado '81505 --- <br />RE: McClane Canyon Mine - = - - <br />Biological Opinion -..- '= - <br />Dear Mr. Leachman; -= <br />Salt Creek Mining Company has reviewed the biological assesment of-- <br />the affects that its McClane Canyon Coal Mine will have on the <br />populations of the three endangered species of fish indegenous to <br />the Colorado River. <br />I have been in contact with Mr. Dwight Kinsey with OSM to review <br />• the calculations of water depletion. It was found that the <br />calculations were based upon the entire permit area and not just <br />the area of the underground mine. The actual area of the mine <br />workings is 67.7 acres as reported in the mine permit application. <br />The average which was used in Mr. Kinsey's calculations was 248 <br />acres. A reduction in the fee from $58.00 to $22.50 is thereby <br />justifiable. <br />Salt Creek will commit to submitting a one time fee for the amount <br />of water depleted from the Colorado River for the McClane Canyon <br />Mine. Salt Creek submits to payment of this fee in an effort to <br />comply with the POLICY of the Endangered Species Office; <br />specifically the Windy Gap Policy. However, by this submission, <br />Salt Creek Mining Company dens not admit the lawfulness of the <br />POLICY and reserves, and does not waive, its right to challenge <br />this POLICY in an appropriate forum at an appropriate time. Salt <br />Creek Mining Company also reserves the right to avail itself of <br />the decision of any court or administrative entity where this <br />policy is being or will be challenged. <br />Sincerely, <br />• John M. Walters <br />Chief Project Engineer <br />