2010-06-24_REVISION - C1982057 (11)

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coordinate with your office as necessary. This coordination will ensure mitigation of potential impacts to federally protected wildlife species. Please note that the renewal application does not incorporate additional lands into the permit area, does not propose additional disturbance, and does not otherwise alter previously approved permit conditions or mitigation measures. Active mining operations have ceased at Seneca II-W, and reclamation has largely been completed, with on-going activities primarily focused on maintenance and monitoring. In association with Permit Renewal No. 4 (RN-4), approved July 3, 2006, the Division made a finding that the proposed operation would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats. The operator and the Division have coordinated with the Division of Wildlife and the U.S. Fish and Wildlife Service in association with previous permitting actions at Seneca II-W. Protective measures and monitoring that were conducted during active operations and early portions of the reclamation operations are described in the Fish and Wildlife Plan section of the approved permit application. Termination of wildlife monitoring was approved (with CDOW and USFWS concurrence) in Technical Revision No. 64, on August 24, 2009. The Division's Findings of Compliance for RN-4 note that, during active operations, SCC projected an annual depletion of 5.9 acre-feet to Dry Creek, tributary to the Yampa River in the Upper Colorado River Basin. A letter dated October 7, 1999, from the U.S. Fish and Wildlife Service to the OSM, stated that actions with less than 100 acre-feet of water depletion are not subject to payment of depletion fees required by the Recovery Implementation Program for endangered fish in the Upper Colorado River Basin. The Division will review the current T&E species list applicable to Routt County as a part of the RN-5 review, to ensure that sections of the currently approved permit application relevant to threatened and endangered species are accurate and up to date, and we will apprise OSM of any concerns identified. A copy of the renewal application is available for public inspection at the Hayden Public Library, 201 E. Jefferson Avenue, Hayden, CO 81639-1813, and at the Division offices in Denver and Grand Junction. To provide written comments, or request an informal conference, contact the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street, Denver, Colorado 80203, (303) 866-3567, within thirty (30) days after the last public notice in the Steamboat Pilot. If you have questions or need additional information, please contact me at the Division's Grand Junction Field Office, (970) 242-5025. Sincerely, 1-7 aniel T. Mathews Environmental Protection Specialist DTM/Ahd C-RN-05C C1982057 DTM 06242010102556.doc