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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 86(x3567 F/J(: (303) 832$106 September 17, 2007 Brad Petch NW Regional Wildlife Manager Colorado Division of Wildlife NW Regional Service Center 71 I Independent Ave. Grand Junction, CO 81505 Re: Colowyo Coal Mine (Permit No. C-1981-019) Technical Revision Application No. 68 (TR-68) Design of a Small Area Exemption for Sediment Control Dear Mr. Petch: COLORADO DivlstoN or RECLAMATION MINING - &- SAFETY Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Ronald W. Cattany Division Director Natural Resource Trustee The Division of Reclamation, Mining and Safety hereby issues notice, in accordance with Title 34, Article 33, Section l l6, Paragraph 4, of the Colorado Revised Statutes, that on September 17, 2007, 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 for the Colowyo Mine to add a material borrow area for the construction of the Section 28 and possibly the Section 21 Ponds. The proposed disturbance is within the current permit boundary but will increase the disturbed and affected boundaries by approximately 1.2 acres. The proposed borrow area is approximately % mile west of the Section 28 Pond location, along the Sturgeon Road. This revision also includes SEDCAD modeling for a small area exemption for the surface water mnoff for the site, as it will not pass through a sediment pond. The area has already been surveyed for threatened and endangered species and archaeological resources. 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, I I, 14, I5, 16, 17, 20, 21 and T3N, R93 W; and Sections I3, I5, 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 Nine Mile 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 proposal. Your comments and concerns relating to the adequacy of 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 or endangered species, are requested. If wildlife habitat Office of Office of Mined Land Rxlamation Denver Grand Junction Durango Active and InaRive Mines