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it. <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />September 19, 2008 <br />Mr. Carl Johnston <br />OSMRE <br />P.O. Box 46667 <br />Denver, CO 80201-6667 <br />STATE OF COLORADO <br />i <br />RE: CAM Mining LLC, McClane Canyon Mine (Permit No. C-1980-004) <br />Technical Revision No. 16 (TR-16) <br />New Coal Mine Waste Pile and Associated Facilities <br />Dear Mr. Johnston: <br />COLORADO <br />D I V I S 1 0 N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Hams D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />In your letter dated February 7, 2008 the Office of Surface Mining Reclamation and <br />Enforcement (OSM) identified Threatened and Endangered Species related concerns <br />associated with TR-16 with regard to the potential for increased pond evaporative losses <br />associated with the proposed new sediment pond, and possible impact of proposed new <br />disturbance on the threatened Uinta Basin hookless cactus (Sclerocactus glaucus). <br />CAM Mining LLC (CAM) responded to the concerns identified by the OSM and we <br />forwarded their responses to you on July 16, 2008. The operator submitted a new <br />Appendix "P" Water Consumption Estimate, which should address the OSM endangered <br />fish concern since the new water consumption estimate is less than previous <br />consultations. Their initial responses did not however address the concern regarding the <br />threatened cactus. <br />In a letter to the operator dated July 16, 2008, the Division again requested CAM to <br />address the concern raised in the OSM letter regarding potential impact to Sclerocactus <br />glaucus. We received a response from CAM on August 20, 2008. The operator <br />submitted a brief opinion letter addendum to Table 4.3-10, prepared by Rare Earth <br />Science, the consultant who prepared the 2006 Draft Biological Assessment for the <br />McClane Canyon Mine permit renewal. The opinion letter supports the conclusion of the <br />2006 report, namely that no impact would occur to the subject cactus species, due to lack <br />of documented occurrences within several miles of the mine and lack of suitable habitat <br />within the area of proposed disturbance (East Salt Creek terrace with dense big <br />sagebrush/greasewood shrubland vegetation). <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction . Durango Active and Inactive Mines