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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depamnent of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 8663567 FAx: (303) 832A706 November 9, 2005 Assistant State Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Service 764 Horizon Drive, South Annex A Grand Junction, CO 81506-3904 Re: Colowyo Coal Mine (Permit No. C-1981-019) Technical Revision Application No. 62 (TR-62) Change in Topsoil Replacement Depth Dear Sir or Madam: COLORADO DIVISION O F MIN SRALS GEOLOGY REC EANATION•NINING SAfETT•SCIENCE eifl Owens Governor Russell George Executive Dlrector RanaW W. Cattany Division Director Naturzl Resource TnrsEee The Division of Minerals and Geology hereby issues notice, in accordance with Title 34, Article 33, Section 1 16, Paragraph 4, of the Colorado Revised Statutes, that on November 9, 2005, an application to revise coal mining operations at the Colowyo Coal Mine was considered complete for the purposes of filing. The revision was submitted by Colowyo Coal Company L.P. All review and comment periods as provided in the Act and the Regulations initiate from this date of filing. The Colowyo Coal Company has submitted a Technical Revision in response to the 2005 Midterm review questions 30 and 41. In this revision they request that the topsoil replacement depth at the Colowyo Mine be decreased from 18 inches to 8 inches. This change is necessary due to a topsoil deficiency for the remaining life of mine operations (as indicated by a current topsoil balance). No new acreage is proposed to be disturbed with this revision. The Surface coal mining operation is on land located approximately 28 miles South of Craig, Colorado. The permit area is further described as follows: All or portions of Sections 2, 3, 4, 8, 9, 10, 1 I, 14, 15, 16, 17, 2Q 21 and T3N, R93W; and Sections I3, 15, 22, 23, 24, 26, 27, 28, 33 and 34, T4N, R93W; 6th Prime Meridian. The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Axial and Ninemile Gap. Because the above referenced technical revision application would incorporate additional lands into the permit area or might otherwise alter previously approved permit conditions or mitigation measures, 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 revision, we are required to make a finding that "the activities would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of Office of ice of Colorado Mined land Rttlamation Active and InaRive Mines Geological Survey