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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Dopanmem ul Ndlu rat Resources I S l t Sherman St., Room ? l i Drnvor, Colorado HON)i F'huno. 1401) 7464 151,7 P AxJ 411griI_'Hlllh August 31, 1998 Assistant State Supervisor U.S. Fish and Wildlife Service 764 Horizon Drive, South Annex A Grand Junction, CO 81506-3946 Re: New Elk Mine (Permit No. C-81-012) Permit Renewal Application No. 3 (RN-3) Dear Sir or Madam: II~~~ DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor lames 5. Lochhead Execwive Dheaor nlichael tl. Long Division Director The Division of Minerals and Geology hereby issues notice, in accordance with Title 34, Article 33, Section 118, Pazagraph 3, of the Colorado Revised Statutes, that on August 31, 1998, an application to renew an existing permit [o conduct coal mining operations at the New Elk Mine was considered complete for the purposes of filing. All review and comment periods as provided in the Colorado Surface Mining Reclamation Act and the Rules initiate from this date of filing. Picketwire Processing, LLC proposes to continue underground coal mining and/or reclatnation operations on land located approximately 25 miles west of Trinidad, Colorado. The permit area is further described as follows: Township 33 South, Range 67 West, Sections 30 and 31 Township 34 South, Range 67 West, Section 6 Township 33 South, Range 68 West, Sections 13, 14, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35, and 36 Township 34 South, Range 68 West, Sections 1 and 2 All sections are partially or fully projected by Picketwire Processing due to the unsurveyed nature of the Maxwell Land Gtant. The above-mentioned tracts of Land are shown on USGS 7.5 minute Quadrangle map of Vigil. Picke[wire Processing is requesting a 5 year permit term [o continue coal processing and loading opem[ions at [he New Elk facility. Underground coal workings are sealed at this mine and processing activities are the focus of operations at this site. Presently, the site is in temporary cessation until coal mining operations begin at Lorencito Canyon, #C-96-084. Because the above referenced permit renewal application would incorporate additional lands into the permit area or might otherwise alter previously approved permit conditions or mitigation measures, we are requesting your agencyS 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 renewal, we are required to make a finding that "the activities would not affect the continued existence of endangered or threatened species or result in the destruction oradverse modification of theircritical habitats as determined under the Endangered Species Act of 1973...." We request your review and recommendation pursuant to this