2011-03-28_REVISION - C1981012 (2)

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STATE OF COLORADO John W. Hickenlooper, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife. state. co. us Mr. Kent A. Gorham Environmental Protection Specialist Division of Reclamation, Mining and Safety 1313 Sherman St., Room 215 Denver, CO 80203 elD v6 TON MQ? ?ma?n. 46 OF *v For Wildlife- For People March 1, 2011 Re: CDOW review and comments pertaining to subsidence and subsidence control - New Elk Mine (Permit No. C-1981-012), Permit Revision Application No. 2 (PR-2), and Mine Revision Plan Dear Mr. Gorham: The Colorado Division of Wildlife (CDOW) has reviewed your letter, dated February 14, 2011, regarding potential underground mine subsidence relating to coal mine operations at the New Elk Mine (NECC) under the Bosque del Oso State Wildlife Area (SWA). Our comments relate to specific parts of the Subsidence Control, Monitoring, and Mitigation Plan (Exhibit 24), and only to those operations of the NECC mine which underlie the SWA. The 29,940 acre SWA was purchased by the Division of Wildlife in 1998. All hard minerals, including coal, were ; acquired while oil and gas rights were severed prior to the states acquisition. All surface use, disturbances, damage reimbursements and reclamation due to ongoing gas operations are managed under a separate Surface Use Agreement (SUA). The states management emphasis has been to maintain and enhance wildlife habitat while providing for compatible public uses. The SWA plays a strategic role in the management of wildlife in the Upper Purgatoire Basin. By virtue of its extent across a broad elevational range and contiguity with private lands, the SWA has significant importance in the management and protection of important wildlife species. Any and all actions, leases or agreements which may arise from the use of the surface and mineral interest must meet certain criteria; primarily being no net loss to the functionality of the property for wildlife, or direct impacts to wildlife related recreation. The health of the significant wildlife resources will always take precedence over all surface disturbances, leases and contracts; including, but not limited to the NECC lease. The CDOWs primary concern relate to the mitigation recommendations in the Subsidence Control, Monitoring, and Mitigation Plan developed by Agapito Associates, Inc. (AAI Plan) for Cline Mining Corp. CDOW respectfully offers our comments constructively and in the vein of supporting the new mining operations under the SWA. The AAI Plan was performed to predict mining-induced subsidence over projected room-and-pillar panels in the Allen or Apache Seams at New Elk Mine. The AAI Plan further provides recommendations to mitigate any surface subsidence. DEPARTMENT OF NATURAL RESOURCES, Mike King, Executive Director WILDLIFE COMMISSION, Tim Glenn, Chair • Robert Streeter, Vice Chair • Mark Smith, Secretary Members, David R. Brougham • Dennis Buechler • Dorothea Farris • Allan Jones • John Singletary • Dean Wingfield Ex OFfido Members, Mike King and John Salazar