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III IIIIIIIIIIIIIIII STATE F <br />O COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br /> <br />Denver, Colorado 80203 DIVISION O F <br />Phone: (703) 866-3567 ~ M [ N E RA L $ <br />FAX' (303) 832-8106 & <br />December 11, 2001 G E O L O G Y <br /> RECLAMATION <br />Ms. SandyVana-Miller MINING•SAFETY <br />Office of Surface Mining <br />Western Regional Coordinating Center cols°~o~' <br />1999 Broadway, Suite 3320 <br /> <br />Denver, CO 80202-5733 Greg E W alcher <br />Ezeculive Director <br /> Michael B Long <br />RE: McClave Canyon Mine Division Director <br />Permit C-80-004) <br />Technical Revision 11 (Renewal Responses) <br />Dear Ms. Vana-Miller: <br />Enclosed is information submitted by Lodestar Energy, Inc., (LEI) in response to DMG adequacy review of <br />the subject technical revision (TR-l I). In the revision application, LEI is proposing to increase coal <br />production within the currently approved permit area from the current maximum approved level of 500,000 <br />tons per yeaz to a maximum proposed production level of l.7 million tons per year within the upcoming <br />permit term. The increased coal production levels would result th increased rate of inflow to the mine <br />workings, and increased operational use of water, with corresponding increased water depletion. <br />As summarized in the proposed Appendix P-Water Consumption Estimate, projected water depletion <br />associated with the increased production levels would increase from 5.9 acre-feet per year to 13.39 acre- <br />feet per year. <br />My understanding of the 1997 Biological Opinion issued by the Fish and Wildlife Service (USFWS) in <br />regard to the Upper Colorado River Endangered Fish Species Recovery Program, is that depletion fees are <br />waived if projected awual depletion is less than I00 acre feet. My further understanding is that it is <br />necessary for OSM to initiate Section 7 consultation with the USFWS whenever a project would result in <br />increased depletion of water tributary to the Colorado River, regardless of the amount of the projected <br />depletion. <br />By this letter, DMG is requesting that OSM initiate such consultation, and that OSMNSFWS provide <br />documentation within 30 days, regarding determination of whether the proposed technical revision <br />application would jeopardize the endangered fishes or their habitat. <br />Please let me know if you have any questions or need additional information. <br />Sincere ~,1.,~_ <br />i.. ~ <br />Dan T. Mathews <br />Environmental Protection Specialist <br />cc: Terry Deland, USFWS (w/enclosures) <br />Denver File (wo/enclosures) <br />