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~~ State Supervisor -2- February 23, 1996 U.S. Fish and Wildlife Service The operator intends to mine coal out of the D-2 seam initially, and possibly out of the B-2 seam in the future. The method will be room-and-pillar using continuous miners and belt haulage. Maximum production is expected to be approximately 2.0 million tons per year. Since this is a new mine, your review and comments would be appreciated. Pursuant to the above-referenced Act, we are requesting your agency's evaluation of the potential for impacts to threatened or endangered species of plants or animals, or wildlife species otherwise protected by federal law. In order for us to approve this application, we are required to make a fmding that "the activities would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973...." We request your review and recommendation pursuant to this finding. Please advise us if you require additional information. In order for us to comply with regulatory time frames, we request that comments be submitted to the Division of Minerals and Geology at the above address by 5:00 p.m. on April 23, 1996. If no cottwents are received by this date, we will proceed on the assumption that your agency has no concerns with or objections to the applicant's proposal. A copy of the application is available for public inspection at the Delta County Clerk and Recorder's Office and at the Division of Minerals and Geology in Denver. For additional information, to provide written comments, or request an informal conference, contact the Division of Minerals and Geology, Room 215, 1313 Sherman Street, Denver, Colorado 80203, (303) 866-3567, within thirty days afrer the last public notice in the Delta County Independetu. ~ `U o~-, ANTHONY J. WALDRON - ENVIItONMENTAL PROTECTION SPECIALIST AJW/bjw Enclosure(s) ~w~eow~z