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August 7, 2012 <br />Mrs. Janet Binns <br />Environmental Protection Specialist III <br />Colorado Division of Reclamation, Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />RE: Additional information provided to DRMS in support of the on -going Section 7 <br />consultation regarding PR -03. <br />Dear Mrs. Binns, <br />5731 State Highway 13 <br />COAL <br />COMPANY a <br />. Otsa rao onc ° <br />• Meeker, Colorado 81641 <br />♦ 970- 824 -1500 <br />RECEIVED <br />AUG 0 8 2012 <br />Division of Reclamation, <br />Mining & Safety <br />In response to the letter provided to you on August 2, 2012 by Dawn Pacula - Office of <br />Surface Mining (OSM) please find the attached materials that should help to resolve the <br />issues raised. <br />In addressing item one of Ms. Pacula's letter, as you are likely aware, depletion payments are <br />not normally provided to the National Fish and Wildlife Foundation until the US Fish and <br />Wildlife Service (USFWS) provides a biological opinion to OSM that evaluates previous <br />payments and assesses the cost of new depletions. In order to help expedite the process, <br />Colowyo has enclosed a copy of the PR -02 biological opinion, notification letters and copy of <br />the check sent to the National Fish and Wildlife Foundation that verifies Colowyo has paid <br />for 554.48 ac -ft. of water depletions to date. The biological opinion for PR -02 was previously <br />provided to DRMS earlier in the permitting process for PR -03. The process for making <br />payments is defined on page 3 of that document. <br />Colowyo is currently seeking information necessary to generate the required payment for <br />anticipated additional water depletions caused by this permitting action. Colowyo will be <br />prepared to make this payment immediately after being instructed to do so. <br />Colowyo sent a letter to Mr. Allan Pfister ( USFWS) dated May 4, 2011 in response to his <br />letter to Colowyo dated February 22, 2011 regarding PR -03. This response should provide <br />sufficient information necessary to resolve item two of the August 2, 2012 letter. It does not <br />appear that Ms. Pacula has reviewed the contents of this letter or the materials provided to <br />Mr. Pfister. DRMS was provided with a copy of this letter on May 20, 2011. <br />A Western Fuels - Colorado, LLC mining property <br />