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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 21 S - <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />November 5, 2002 <br />Henry Austin <br />Office of Surface Mining <br />Western Regional Coordinating Center <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202-5733 <br />Re: Apex No. 2 Mine (Permit No. C-1981-011) <br />Technical Revision Application No. 13 (1'R-13) <br />Permanent Impoundment Demonstration <br />Deaz Mr. Austin: <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Enecutive Director <br />Ronald W. Cattany <br />Acing Division Director <br />The Division of Minerals and Geology hereby issues notice, in accordance with Tille 34, Article 33, Section 116, Paragraph 4, <br />of the Colorado Revised Statutes, that on November 4, 2002, an application to revise coal mining operations at the Apex No. 2 <br />Mine was considered complete for the purposes of filing. The revision was submitted by Sunland Mining Corporation. All <br />review and comment periods as provided in the Act and the Regulations initiate from this date of filing. <br />The operator proposes to retain the pond as a permanent structure on this reclaimed mine site. The pond is located within the <br />100-yeaz floodplain of Trout Creek. <br />The Underground coal mining operation is on land located approximately 5 miles West of Oak Creek, Colorado. The pertni[ <br />azea is further described as follows: <br />Portions of Sections 21 and 22, Township 4 North, Range 86 West of the 6th P.M. <br />The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Rattlesnake Butte. <br />The applicant is required to publish nofice in a local newspaper that this application has been deemed complete. A[ the time of <br />publication of this notice, the applicant is additionally required [o place a copy of this application at [he Routt County <br />Courthouse, P.O. Box 773598, Steamboat Springs, CO 80477, and at the Division office. For additional informafion or to <br />provide written comments, contact the Division of Minerals and Geology, Room 215, 1313 Sherman Street, Denver, <br />Colorado 80203, (303) 866-3562 In order for us to comply with regulatory time frames, we request that comments be <br />submitted withht fifteen (15) days of this letter. IF no comments aze received by then, we will proceed on the assumption that <br />you have no concerns with, or objections to, the applicant's proposal. <br />Sincerely,~pJ <br />Tom Kaldenbach <br />Environmental Protection Specialist <br />TAIUAhd <br />C-TR-03 C1981011 TAK 20021105 94458 AM <br />