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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1 ] 13 Sherman 51., Room 21 S `y <br /> <br />Denver, Colorario 80201 ~ <br />~~~ <br /> <br />Phone: 13031 866 3 56 7 II <br />FA%~ (3071 8328106 <br /> <br />June 24, 1996 DEPARTMENT OF <br />NATURAL <br /> RESOURCES <br />Assistant State Supervisor <br />Fish and Wildlife Enhancement Roy ROmer <br />U.S. Fish and Wildlife Service coveroor <br /> <br />764 Horizon Drive, South Annex A fames 5. Lochhead <br />E>,ecwive Director <br />Grand Junction, Colorado 81506-3946 Michael B. Long <br /> Division Drteclor <br />Re: Apex No. 2 Mine (Perntit No. C-81-011) <br />Technical Revision Application No. OS <br />Revise Hydrologic Sampling and Legal Description <br />Dear Assistant Supervisor: <br />The Division of Minerals and Geology hereby issues notice, in accordance with Title 34, Article 33, <br />Section 116, Paragraph 4, of the Colorado Revised Statutes, that on June 21, 1996, an application to revise coal <br />mining operations at the Apex No. 2 Mine was considered complete for the purposes of filing. The revision <br />was submitted by Sunland Mining Corporation. All review and comment periods as provided in the Act and <br />the Regulations initiate from this date of filing. <br />The revision addresses a more precise legal description of the permit boundary and the elimination of the <br />sampling requirement for the upstream alluvial well. <br />The underground coal mining operation is on land located approximately five miles west of Oak Creek, <br />Colorado. The permit area is located in the SW ~/a of the SW'/s of Section 22, Township 4 North, Range 93 <br />West of the 6th P.M., and is shown on USGS 7.5 minute Quadrangle map of Rattlesnake Butte. <br />Because the above referenced technical revision application would incorporate additional lands into [he permit <br />area or might otherwise alter previously approved permit conditions or mitigation measures, we are requesting <br />your agency's evaluation of the potential for impacts [o threatened or endangered species of plants or animals, <br />or 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 <br />the continued existence of endangered or threatened species or result in the destruction or adverse modification <br />of their critical habitats as determined under the Endangered Species Act of 1973...." We request your <br />review and recommendation pursuant [o this finding. <br />Applicable sections of the revision application are enclosed. Please advise us if you require additional <br />information. In order for us [o comply with regulatory time frames, we request that comments be submitted <br />within fifteen (15) days of this letter. If no comments are received by then, we will proceed on the assumption <br />that you have no concerns with or objections to the applicant's proposal. <br />Sincerel/y///1 a /1r~\I ~/f~ <br />osep J. IEhN(/-dash <br />nvtronmental Protection Specialist <br />JJD/bjw <br />sawn7t08 of 1 <br />