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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Na[ural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />September 25, 2002 <br />Assistant State Supervisor <br />Fish and Wildlife Enhancement <br />U.S. Fish and Wildlife Service <br />764 Horizon Drive, South Annex A <br />Grand Junction, CO 81506-3946 <br />Re: Sanborn Creek Mine (Permit No. C-1981-022) <br />Technical Revision Application No. 41 (TR-41) <br />Develop an Addition Degas Well & Pad <br />Dear Sir or Madam: <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•S AFETY <br />Rill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Ronald W. Cattany <br />Acing Division DIrCCIO! <br />The Division of Minerals and Geology hereby issues notice, in accordance with Title 34, Article 33, Section 116, <br />Paragraph 4, of the Colorado Revised Statutes, that on September 23, 2002, an application to revise coal mining <br />operations at the Sanborn Creek Mine was considered complete for the purposes of filing. The revision was <br />submitted by Oxbow Mining, LLC. All review and comment periods as provided in the Act and the Regulations <br />initiate from this date of filing. <br />Oxbow requests approval to construct a light use road, and drill site and degas well CBM-15. <br />The Underground coal mining operation is on land located approximately 0 miles North of Somerset. The permit <br />area is further described as follows: <br />Portions of Section 31, Township 12 South, Range 90 West; <br />Portions of Sections 34, 35 and 36, Township 12 South, Range 91 West; <br />Portions of Sections 1, 2, 3, 4, 5, all of 6 and 7, Portions North of the North Fork of the Gunnison River in Sections <br />8, 9, 10, portions of Sections 11, 12, and 17, Township 13 South, Range 90 West; <br />Portions of Sections 1-3, 11-13, Township 13 South, Range 91 West of the 6th P.M. <br />The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Somerset. <br />Because the above referenced technical revision application would incorporate additional lands into the permit <br />area or might otherwise alter previously approved petnut conditions or mitigation measures, we are requesting <br />your agency's evaluation of the potential for impacts to threatened or endangered species of plants or animals, or <br />wildlife species otherwise protected by federal law. <br />In order for us to approve this revision, we are required to make a finding that "the activities would not affect the <br />continued existence of endangered or threatened species or result in the destruction or adverse modification of <br />their critical habitats as determined under the Endangered Species Act of 1973...." We request your review and <br />recommendation pursuant to this fording. Applicable sections of the revision application are enclosed. Please <br />