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~ :rte ~~~ I~~I~~I~~II~~I~~ STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources I J 13 Sherman 8t., Roam 215 Denver, Colorado 80201 Phonc 1703) 866 7567 FA%~. IJOJI 832-8106 December 04, 1996 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: West Elk Mine (Permit No. C-80-007) Permit Revision Application No. 7 Sylvester Gulch Facilities Area Dear Sir or Madam: ,y a DEPARTMENT OF NATURAL RESOURCE'.; Ruy Romer Governor tames 5. Lochhead E.ecmrve Director michael8 Long Division Uvenor 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 November 26, 1996, an application to revise coal mining operations at the West Elk 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. The Underground coal mining operation is on land located nine miles east of Paonia, Colorado. The permit area is further described as follows: Township 13 South, Range 90 West, 6th P.M. Sections 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 34, 35, and 36 Township 13 South, Range 91 West, 6th P.M. Sections 23, 24, 25, and 26 The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle maps of Somerset and Bowie. 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 "the 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. A formal review request and applicable sections of the -revision-application-will be forwarded through the Office of Surface Mining- Please advise us if you require additional information.