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• -iii iiiiiiiiniii iii STATE O~ CV~~is.~ ~1J 0 DIVISION OF M4NERALS AND GEOLOGY Dcp,vtmem u( Natural Resources 1113 Shermun 51., Room 215 Denver, Culnradu 8020] Phnne: (3071 Abb-75W FAX. U0J1 tl12-A 106 October 30, 1997 Assistant State Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Service 764 Horizon Drive, South Annex A Grand Junction, CO 81506-3946 Re: King Coal Mine (Permit No. C-81-035) Permit Revision Application No. 6 Addition of A Federal Lease Dear Sir or Madam: I~~ DEPARTME[VT OF NATURAL RESOURCES Roy Romer Governor lames 5 Lochhead E+ecmwe Drteaor Michael 8. Lung Division Dnecior The Division of Minerals and Geology hereby issues notice, in accordance with Title 34, Article 33, Section 118, Paragraph 3, of the Colorado Revised Statutes, that on October 30, 1997, an application to revise coal mining operations at the King Coal Mine was considered complete for the purposes of filing. All review and comment periods as provided in the Act and the Regulations initiate from this date of filing. Add an additional 195 acres of private land/Federal coal. The underground coal mining opetarion is on land located approximately 7 miles southwest of Hesperus, Colorado. The permit azea is further described as follows: All or Portions of Sections 28, 29, 3l, 32, T35N, Rl 1 W, NMPM; Portions of Sections 5 and 6, T34N, RI 1 W; Portions of Sections 36, T35N, Rl2W. The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Hay Gulch. Because the above referenced permit 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 "[he 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. [n order for us to comply with regulatory time frames, we request that comments be submitted to the Division of Minerals and Geology a[ [he above address by 5:00 p.m. on December 34, 1997. If no comments 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.