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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Deponmern ul Nawral Resources I } 13 Sherman Si., Rnum 2I 5 Denver. Colorado 80203 I~~~~ Nhunc: 1111 SI Nhb-356i fAx.11031 Nl_ a106 DEPARTNIENT OF March 10, 1998 N~TU~L. RESOURCES Assistant State Supervisor Rov Romer Fish and Wildlife Enhancement coy-ernnr US. Fish and Wildlife Service Wrne~s tncnhead 763 Horizon Drive. South Annex A t=ec°"`e D.re"or Grand Junction. CO 81506-3946 ^vcnael a. t°"~ Divivon Dlrecuv Re: Eagle No. 5 and 9 Nlines (Permit No. C-81-04.1) Permit Renewal Application No. 3 Dear Sir or Madam: 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 March 9, 1998, an application to renew an existing permit to conduct coal minine operations at the Eagle No. 5 and 9 Mines was considered complete for the purposes of filing. All review and comment periods as provided in the Act and the Regulations initiate from [his date of filing. The applicant proposes to renew an existing permit for an underground coal mining and/or reclamation operations on land located approximately 7 miles southwest of Craig, Colorado for 5 years; however, operations are presently in cessation (no coal mining activties). The permit area is further described as follows: All or portions of Sections 4, 5, 6 and 8, TSN, R91 W; part of Section I, TSN, R92W: and Sections 17, 19. 20, 21, 28, 29, 30, 31, 32 and 33, T6N, R91 W; portions of Sections 25, 26, 35 and 36, T6n, R92W; 6th Prime Meridian. The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Round Bottom and Castor Gulch. We are requesting your agency's evaluation of the potential for impacts to threatened or endaneered species of plants or animals, or wildlife species otherwise protected by federal law. [n order for us to approve this renewal, we are required to make a finding that "the activities would not affect the continued existence of endaneered or threatened species or result in the destruction or adverse modification of their critical habitats as determined under the Endangered Species Acl of 1973...." We request your recommendation pursuant to this f-iodine. In order for us to comply with regulatory time frames, we request that comments be submitted to the Division of Minerals and Geology at the above address by 5:00 p.m. on May 8. 1998. If no comments are received by this date, we will proceed on the assumption that your agency has no concerns with or objections to the applicant's proposal. A copy of the renewal application is available for public inspection at the Moffat County Courthouse. 221 W Victory Way. Craig. CO 81625, and at the Division office. For additional inlurmation. to provide written comments, or request an informal conference, coniact the Division of Minerals and Geology, Room 215, 1313 Sherman Street, Denver. Colorado 30_'03, (303) 866-367, within thirty (30) days after the last public notice in the Craig Dnr/r Press. Sincerely, ~7~`, ~ ByronG Walker Environmental Protection Specialist BGW/1RC 11 W]SURCITEVPII<CIWIY9GW