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STATE OF COLORADO <br />Bill Ritter, Jr., Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WILDLIFE N <br />AN EQUAL OPPORTUNITY EMPLOYER OF`~4 <br />Thomas E. Remington, Director <br />6060 Broadway For Wildlife- <br />Denver, Colorado 80216 For People <br />Telephone: (303) 297-1192 <br />wildlife. state. co. us <br />August 6, 2009 <br />Janet H. Binns <br />Division of Reclamation, Mining and Safety <br />Room 215 <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />RE: Foidel Creek Mine (Permit No. C-1982-056) <br />Technical Revision Application No.67 (TR-67) <br />Expansion of Coal Refuse Disposal Area <br />Dear Mrs. Binns, <br />The Colorado Division of Wildlife (CDOW) has reviewed the notice of the Twentymile Coal Company /Foidel <br />Creek Mine request to expand the coal refuse area from the currently approved 3 million cubic yard volume to a <br />maximum of 20 million cubic yards. The underground coal mining operation is located on land approximately <br />23 miles SW of Steamboat Springs in portions of Sections 7,8,9 of T4N, R86W; Sections 32 and 33 of T6N, R86W, <br />Sections 23,24,25,26,27,34,35 and 36 of T5N, R87W; and all of T5N, R86W with the exception of Sections 34, 35, <br />and 36. It is our understanding that most of the coal refuse disposal area expansion will be in the SW quarter of <br />Section 32, with a small portion within Section 31, Township 5N, Range 86W, Routt County, Colorado. <br />Two large active Columbian sharp-tailed grouse leks have been identified in close proximity to the proposed coal <br />refuse expansion area. These leks are labeled the Eckman Park 5 and Eckman Park 6 leks which are 0.44 and <br />0.87 of a mile from the proposed refuse expansion respectively. This area is also classified as grouse winter <br />range, breeding grounds, and nesting habitat. <br />Typically the CDOW suggests that the petitioner stay out of the nesting buffer zone of each lek for a distance of <br />1.25 miles to minimize disturbance to the breeding and nesting birds. However, due to the natural topography <br />of the landscape in this area, the proposed refuse expansion area lies within a "bowl" and thus the nearby leks <br />would be shielded from the majority of noise and other disturbance at this site. Additionally, only dumping <br />operations would occur on site during the breeding season due to the coal still being frozen. Spreading <br />operations usually do not begin till the end of May. For these two reasons, disturbance to these two leks should <br />be minimal. <br />We have appreciated the opportunity to work together with Twentymile Coal Company to benefit wildlife on <br />this and future projects. If you have any questions please contact Jim Haskins, Area Wildlife Manager at 970- <br />871-2842. <br />DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director <br />WILDLIFE COMMISSION, Brad Coors, Chair • Tim Glenn, Vice Chair • Dennis Buechler, Secretary <br />Members, Jeffrey Crawford • Dorothea Farris • Roy McAnally • John Singletary • Mark Smith • Robert Streeter <br />Ex Officio Members, Hams Sherman and John Stulp