2011-02-24_REVISION - C1981019 ‎(4)‎

• Permit No: C1981019
• IBM Index Class Name: REVISION
• Doc Date: 2/24/2011
• Doc Name: Comment letter
• From: Fish & Wildlife Service
• To: Colowyo Coal Company
• Type & Sequence: PR3
• Email Name: JRS
• Email Name: JHB
• Media Type: D
• Archive: No

with sage-grouse, additional surveys may be necessary to determine nest status and whether new
nests have been built in the project area since 2007. The Service would like to see how Colowyo
proposes to comply with the MBTA (i.e., avoiding take of migratory species), particularly in
regard to raptor nests in the proposed mine expansion area. We recommend that this project
follow guidelines included in the CDOW Recommended Buffer Zones and Seasonal Restrictions
for Colorado Raptors in order to avoid potential MBTA violations with regard to raptors.
Project design and infrastructure should also conform to the USFWS Draft Guidelines for Raptor
Conservation in the Western United States, Suggested Practices for Avian Protection on Power
Lines, the State of the Art in 2006 and the Avian Protection Plan (APP) Guidelines document
published in 2005 (the latter two documents can be accessed at www.aplic.org).
Other concerns of the Service include protection of ground and surface waters, spoil disposal
protocol, and reclamation seed mixes. Details of Colowyo Permit# C-81-019 application (i.e.,
engineering plats and schematics) which pertain to these questions would improve future
consultation on this project. A map depicting reclamation activities was provided to the Service
(Map 46). The Service would also like to see any maps with the proposed expansion and
construction activities, land status, existing vegetation types, current biological data for species
of concern, and other pertinent information.
Finally, we would like to point out that it appears that Section 7 consultation may be appropriate
in this case. The action agency or project proponent must evaluate the effects of the action,
including the direct and indirect effects of an action on the species or critical habitat, together
with the effects of other activities that are interrelated or interdependent with that action, that will
be added to the environmental baseline (50 CFR 402.02). In this case it will be the responsibility
of the Office of Surface Mining Reclamation and Enforcement, to complete consultation with the
Service on effects to listed species prior to issuance of the permit to allow project construction, if
listed species or their habitat may be affected in any part of the project area. . .
Regarding verification of Federal mineral leases and/or Federal surface access approval, we
would ask that Division of Reclamation, Mining and Safety coordinate with the Office of
Surface Mining Reclamation and Enforcement, the BLM, and other associated entities to ensure
that appropriate leases, agreements, and applications have been issued/granted.
We appreciate the opportunity to comment on the proposed project. If the Service can be of
further assistance, please contact Charlie Sharp at [phone], extension 18, or
[e-mail].
Sincerely,
b4o?", i.
Allan R. Pfister
Western Colorado Supervisor
Cc: Division of Reclamation, Mining and Safety, Denver, CO
DOI Office of Surface Mining, Denver, CO
CSharp:OSMColowvoCoalMinePennitRevisionPR03.doex:022211:KM
4