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~~ $ Savage and Savage Environmental practical solutions for environmental issues 461 O Haystack Drive 970 6748080 telephone Windsor, Colorado 80550 9706748088 facsimile savages ndsavagec~earthlink. net RECEIVED January 25, 2006 JAN 2 G 2006 Ms. Melody Miller Mr. ChnS KlosteL Oiwean of Mmara~s and Gedapy Colorado Division of Wildlife I51 E. 16a' Street Durango, Colorado 81301 Re: Permit Revision Application for National King Coal LLC (CDMG File C-81-035) Deaz Ms. Miller and Mr. Kloster: As the result of a recent revision to their regulations for coal mining and reclamation, the Colorado Division of Minerals and Geology now requires (Rule 4.15.8(7); "For areas with a wildlife postmining land use minimum stocking levels, planting arrangements, and methods of mitigation of potential adverse impacts must be determined on the basis of local and regional conditions after consultation with and approval by the Colorado Division of Wildlife." Enclosed are the relevant sections of the National King Coal permit revision application to expand their underground coal operation adjacent to Hay Gulch, southwest of Hesperus, Colorado. I have included descriptions of the land uses, vegetation, fish and wildlife resources, planned revegetation, and applicable map. Per the CDMG regulation, we are seeking CDOW's concurrence with our revegetation plan as it pertains to the small areas where fish and wildlife habitat is the postmining land use (that is, the pinyon- juniper sideslopes of the thine plan area). Approximately 3 acres of the pinyon juniper is slated for disturbance, and when operations are complete, the disturbance will be regarded to original contours, retopsoiled, and revegetated to a mix of native grasses, forbs, and shrubs found in the adjacent native pinyonjuniper community. As the overall surface disturbance of the operation is limited to less than 20 acres, we have concluded that the degree of adverse impacts to wildlife species in the vicinity is negligible, based on research by the Colorado Natural Areas Program, and information from the United States Fish and Wildlife Service, Colorado Division of Wildlife ,and La Plata County.