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Mr. Ross Gubka, P.E. <br />Western Fuels-Colorado <br />January 25, 2008 Page 3 <br />Rule 2.04.4 Cultural and Historic Resource Information <br />4. In response to the letter received from the Colorado Historical Society, please <br />provide for their review a current map clearly showing the extent of the permit <br />boundary and lands included in the New Horizon Mine #2 permit area. The map <br />should include township, range and section boundaries. To expedite the review <br />process, please send one copy of this map to Greg Wolff, Section 106 Compliance <br />Coordinator at the Colorado Historical Society at the address shown in the <br />enclosed letter in Attachment 1. <br />Rule 2.05.4(2) Reclamation Plan <br />5. In accordance with 2.05.4(2) (a) and (e), please provide a detailed timetable for <br />the completion of each major step in the reclamation plan; and provide a schedule <br />of revegetation. <br />Rule 2.07.6(2) (n) Criteria for Review of Permit Applications <br />For Permit Approval or Denial <br />6. The Division is required to make a finding at new permits and at permit renewals <br />that the activities would not affect the continued existence of endangered or <br />threatened species or result in the destruction or adverse modification of their <br />critical habitats as determined under the Endangered Species Act of 1973 or the <br />Nongame, Endangered or Threatened Species Conservation Act. <br />In order to make this findings the Division is requesting that WFC provide a <br />detailed estimate of water depletions to the San Miguel River (ultimately flows to <br />the Colorado River) that may result from the proposed activities associated with <br />the life-of-mine plans for the mining, reclamation, and related operations for the <br />New Horizon Mine. This information is provided to the Office of Surface Mining <br />(OSM) which serves as the Federal contact for coal permitting actions. The OSM <br />will evaluate the information and present this information to the U.S. Fish and <br />Wildlife Service. Please revise the permit application package (PAP) <br />accordingly, and provide information including pond evaporation, miscellaneous <br />water use, water consumption for dust suppression, any alluvial aquifer pumpage, <br />deep aquifer pumpage where such aquifers are connected to surface water, and <br />projected net depletions. If necessary also update the existing information on <br />surface water hydrology presented in Section 2.04.7 Hydrology Description of the <br />existing PAP. This information should also be referenced in Section 2.05.6(2) <br />Fish and Wildlife Plan and Section 4.11 Fish and Wildlife Resources Information <br />of the PAP. <br />Volume IV Section 2.04.11 of the PAP discusses the Wildlife Baseline Studies <br />conducted by Peabody Coal company during 1987 and early 1988. Threatened <br />and endangered species that were recorded in the study area during the baseline