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-iii iiiiiiiiiiiii iii STATE OF COLORAL70 DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St„ Room $15 Denver, Colorado 80203 DIVISION O F Phone: (303) 866.3567 ~ MINERAL $ FAX: (303) 832-8106 & GEOLOGY R E C L A M A T I O N December 7,201 MINING•SAfETY Assistant Stale Supervisor cQlVono': Fish and Wildlife Enhancement Greg E. Walther U.S. Fish and Wildlife Service Executive Director 764 Horizon Drive, South Annex A Michael B. Long D~vis~on Director Grand Junction, CO 81506-3946 Re: Colowyo Coal Mine (Permit No. C-1981-019) Technical Revision Application No. 52 (TR-52) Revise Seed Mix, Variance in Depths of Topsoils, More Extensive Strip Seeding Dear Sir or Madam: The Division of Minerals and Geology hereby issues notice, in accordance with Title 34, Article 33, Section 116, Paragraph 4, of the Colorado Revised Statutes, that on December 4, 2001, an application to revise coal mining operations at the Colowyo Coa] Mine was considered complete for the purposes of filing. The revision was submitted by Colowyo Coal Company L.P. All review and comment periods as provided in the Act and the Regulations initiate from this date of filing. This proposed technical revision to the Perrnit C-81-019 Application Package revises the seed mix used to reclaim disturbed lands and protect topsoil, provides for the ability to vary topsoil depths without prior approval, and provides for more extensive strip seeding at the Colowyo Coal Mine. The surface coal mining operation is on land located approximately 28 miles south of Craig. The permit area is further described as follows: All or portions of Sections 2, 3, 4, 8, 9, 10, 11, 14, 15, 16, 17, 20, 21 and T3N, R93W; and Sections l3, 15, 22, 23, 24, 26, 27, 28, 33 and 34, T4N, R93W; 6th Prime Meridian. A precise description of the Permit boundary can be found in Exhibit 1, Item 12 of the Permit Application Package. The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle maps of Axial and Ninemile Gap. Because the above referenced technical revision application would not 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. advise us if you require additional information. 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 destmction 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. Applicable sections of the revision application are enclosed. Please The applicant is required to publish notice in a local newspaper that this application has been deemed complete.