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~~Q4~ENT OF TF-Z~M1 K '9 3 4~ 44gf.'N 3 ~E~ IN REPLY REFER TO: ES/CO:T&E Mail Stop 65412 FISH AND WILDLIFE SERVICE Ecological Services Colorado Field Office 755 Parfet Street, Suite 361 Lakewood, Colorado 80215 JUL - 1 2004 Kent Gorham Colorado Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr Gorham: R~~~~~~® JUL Q'2 ~gpq Givisian of Minerals and Geology This responds to your letter dated June 21, 2004 regarding the effects of the proposed modifications to the Lorencito Canyon Mine topsoil redistribution plan on species Federally listed, proposed for Federal listing, or a candidate for Federal listing. These comments have been prepared under the provisions of the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et. seq.). The United States Fish and Wildlife Service (Service) is concerned about the protection of threatened and endangered species, as well as species which are candidates or proposed for official listing as threatened or endangered (Federal Register, Vol. 69, No. 62, March 31, 2004). The modifications to the Lorencito Canyon Mine topsoil redistribution plan include a change of post-mining land use, from irrigated pasture to industrial, for the coal load out, office area, and permanent roads. No changes to the fish and wildlife resources information, the fish and wildlife plan, and the reclamation plan as it relates to fish and wildlife considerations, including potential impacts to threatened and endangered species, are proposed in the revision. Based on the proposed modifications to the Lorencito Canyon Mine topsoil redistribution plan it appears that the project will have no effects on species Federally listed, proposed for Federal listing, or a candidate for Federal listing. If any species Federally listed, proposed for Federal listing, or a candidate for Federal listing are found at the project site, or if project plans change this office should be contacted to determine if further consultation will be required. If you require additional information, please contact Erik Kraft of this office at (303) 275-2370. Sincerely, iS ~~~ United States Department of the Interior Susan C. Linner Colorado Field Supervisor