2010-12-27_REVISION - C1981019 (10)

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Stark, Jim From: Hernandez, Daniel Sent: 27 December, 2010 16:06 To: 'bpostle@osmre.gov' Cc: Stark, Jim; 'Johnston, Carl' Subject: USFWS Section 7 Consutlation Hello Bob - The Colorado Division of Reclamation, Mining and Safety found Colowyo Coal Company's application for Permit Revision PR-03 to the Colowyo Mine Complete on December 27, 2010. The DRMS Permit Number for the Colowyo Mine is C- 1981-019. The mining area associated with Permit Revision PR-03 is known as the Collom area. Permit Revision PR-03 is seeking an increase of approximately 16,833 acres to the Colowyo Mine's permit area. This would increase the total permit area of the Colowyo Mine from approximately 12,251 acres to approximately 29,084 acres. Permit Revision PR-03 is also seeking an increase in the disturbed area of the Colowyo Mine of approximately 2,244 acres, from approximately 5,214 acres to approximately 7, 458 acres. Section 2.07.6(2)(n) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining prohibits the Division from approving an application for a new permit, a permit revision, or a permit renewal unless the application affirmatively demonstrates, and the Division finds, in writing, on the basis of information set forth in said application or from information otherwise made available, which is documented in the approval and made available to the applicant, that "the (proposed) activities would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973 (16 USC Sec. 1531 et seg." We therefore respectfully request that OSM contact the United States Fish and Wildlife Service in order to initiate consultation in accordance with Section 7 of the US Endangered Species Act and its associated federal regulations at 50 CFR 402. A copy of the application for Permit Revision PR-03 will soon be provided by Colowyo Coal Company to both OSM (in care of you) and the US Fish and Wildlife Service's Western Colorado Ecological Services Field Office in Grand Junction (in care of Mr. Al Pfister). In accordance with Section 2.07.3(3)(c) of our Board's Regulations, we respectfully request comments in regard to this request for Section 7 consultation be submitted to our office within 30 days following the fourth publication of the permittee's public notice to be published in a newspaper of general circulation in the locality of the proposed activity. As we will be soon informing Colowyo Coal Company that their Permit Revision PR-03 application is now Complete, the first of these four public notices will be published soon. Should you have any questions, please contact Jim Stark here in our Denver office. His e-mail address is Jim.StarkCcpstate.co.us. His office phone number is 303-866-3567, extension 8145. Sincerely, Dan Daniel. Hernandi z Daniel I. Hernandez Senior Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety 1313 Sherman St, Room 215 Denver, CO 80203 New Phone Number: 303-866-3567 ext 8126 Fax: 303-832-8106 Website: www.mining.state.co.us i