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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$106 <br />COLORADO <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />0.ECLANATION•NINING <br />SAFETY•SCIENCE <br /> Bill Owens <br /> Governor <br />February 6, 2004 Russell George <br /> Ezecutlve Direcor <br />Assistant State Supervisor Ronald W. Cattany <br />Fish and Wildlife Enhancement Division Director <br /> <br />U.S. Fish and Wildlife Service Natural Resource Trustee <br />764 Horizon Drive, South Annex A <br />Grand Junction, CO 81506-3446 <br />Re: Deserado Mine (Permit No. C-1981-018) <br />Permit Renewal Application No. 4 (RN-4) <br />Deaz Sir or Madam: <br />The Division of Minerals and Geology hereby issues notice, in accordance with Title 34, Article 33, Section 118, <br />Pazagraph 3, of the Colorado Revised Statutes, that on February 6, 2004, an application to renew an existing permit <br />to conduct coal mining operations at the Deserado Mine was considered complete for the purposes of filing. All <br />review and comment periods as provided in the Colorado Surface Mining Reclamation Act and the Rules initiate <br />from this date of filing. <br />Blue Mountain Energy, Inc proposes to continue underground coal mining and/or reclamation operations on land <br />located approximately 7 miles nortlreast of Rangely, Colorado. The permit area is further described as follows: <br />Portions of Sections 1, 2, 3, 4, 1Q 11, and 12, T2N, R101W, 6th PM, all in Rio Blanco County; Portions of <br />Sections 21, 23, 25, 26, 27, 28, 30, 31, 34, 35, and 36, T3N, R101 W, 6th PM; All of Sections 22, 29, 32, and 33, <br />T3N, R101 W, 6th PM, all in Rio Blanco County. <br />The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Rangely NE. <br />Blue Mountain Energy has submitted a permit renewal application for the Deserado Mine. The application was <br />submitted on January 29, 2004, prior to the January 24th deadline, guaranteeing the operator the right of successive <br />renewal. Permit Renewal No. 4 will renew the mining permit from July 2004 through July 2009. <br />Because the above referenced permit renewal application would incorporate additional lands into the permit 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 />In order for us to approve this renewal, we are required to make a fmding 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 fmding. Applicable sections of the renewal application are enclosed. Please <br />advise us if you require additional information. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and InaRive Mines Geological Survey <br />