2009-03-02_PERMIT FILE - C1980004A (10)

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• • United States Department of the Interior OFFICE OF SURFACE MINING Reclamation and Enforcement Brooks Towers 1020 15th Street Denver, Colorado 80202 February 27, 1992 John M. Walters - =_ = - Salt Creek Mining Company - P.O. Box 70 ~ -~ - Loma, Colorado 81524-3608 =----- --- -~ Dear Mr. Walters:-.. - -- -' ~ TAItF~~ ~ ~~~ emu' :~ ~~~ e- ^ After initial consultation with The U.S. Fish and Wildlife Service (USFWS), the Office of Surface Mining Reclamation and Enforcement (OSM) has determined that the proposed mining plan modification (and permit revision) for the McClane Canyon Mine may affect the continued existence of endangered species in the Upper Colorado River Basin due to depletion of surface water flows. According to the permit revision application, the average annual depletion of surface water will be 5 acre feet. In 1985, the average annual depletion was estimated at 1.5 acre feet which was mitigated by a contribution to a fund to protect the endangered fishes. An additional contribution of $40.25 ($11.50/acre-foot) will be required to mitigate the increased depletion. OSM has initiated the formal consultation process with the U.S. Fish and Wildlife Service under the Endangered Species Act. Before OSM can recommend approval of the proposed mining plan modification, the USFWS must determine that there will be no jeopardy to endangered species resulting from the proposed action. Hefore the "no jeopardy" determination can be made, Salt Creek Mining Company must either make the contribution or commit to make the contribution before commencing the proposed operations. The contribution should be made to: National Fish and Wildlife Foundation The Bender Building 1120 Connecticut Avenue NW Washington, D.C. 20036 Attn: Whitney Tilt, Project Manager