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STATE OF COLORADO <br />DIVISION Of MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />August 30, 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 />Sanborn Creek Mine (Permit No. C-1981-022) <br />Permit Revision Application No. 5 (PR-~ <br />Mine Plan Change <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MININ G•SAFETY <br />Ronald W. Cattany <br />Acing Division Director <br />The Division of Minerals and Geology (DMG) hereby issues notice, in accordance with Title 34, Article 33, <br />Section 118, Paragaph 3, of the Colorado Revised Statutes, that on August 1, 2002, an application to revise coal <br />mining operations at the Sanborn Creek Mine was considered comglete for the purposes of filing. All review and <br />comment periods as provided in the Act and the Regulations initiate from this date of filing. <br />Oxbow Mining, LLC has submitted a permit revision to update their longwall plan for the Elk Creek Mine and to <br />include a 160 acre lease modification. The land already lies within the permit area. <br />The undergound coal mining operation is on land located just north of the town of Somerset. The pemut area is <br />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 aze shown on USGS 7.5 minute Quadrangle map of Somerset. <br />Because the above referenced permit revision application would incorporate additional lands into the pemut azea <br />or might otherwise alter previously approved permit conditions or mitigation measures, we are requesting your <br />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 />DMG is required to make a fording that "the activities would not affect the continued existence of endangered or <br />threatened species or result in the destruction or adverse modification of their critical habitats as determined under <br />the Endangered Species Act of 1973...." We request your review and recommendation pursuant to this Finding. <br />Please advise us if you require additional information. <br />