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I DIVISION OF MINERALS AND GEOLOGY Depanmenl of Nalu ral Resources I J 13 Sherman St.. Room 215 Denver, Culnrado 811!03 Phone 1703) 8fi6-3567 FA%~ (3U31 fl L-HII1G November 30, 1998 Assistant State Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Service 764 Horizon Drive, South Annex A Grand Junction, CO 8li06-3946 Re: Energy Mine No. 3 (Permit No. C-84-062) Technical Revision Application No. 9 Diversity Standard JVlodification Dear Sir or Madam: I~~ DEPART[vtENT OF NATURAL RESOURCES Roy Rumer Governor tames 5. Luchhead Execwi~e Direnor Michael 9. Lun6 Diviswn Direcbr The Division of Minerals and Geology hereby issues notice, in accordance with Title 34, Article 33, Section 1 l6, Paragraph 4, of the Colorado Revised Statutes, that on November 27, 1998, an application to revise coal mining operations at the Energy Mine No. 3 was considered complete for the purposes of filing. The revision was submitted by Colorado Yampa Coal Company. All review and comment periods as provided in the Act and the Regulations initiate from this date of filing. This revision revises the required diversity standard for the pos[-mining land use of pasture, from the Shannon-Weiner index to one based upon species composition. The surface coal mining operation is on land located approximately l0 miles southwest of Steamboat Springs, Colorad. The pertnit area is further described as follows: In Portions of Sections I, 2, 12, 13 and 24, TSN, R86W; and Sections IS and l9, TSN, R85W. The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Cow Creek. Because the above referenced technical 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 impac[s 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 destmction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973...." We request your review and reconmtendation pursuant to this finding. Applicable sections of the revision application are enclosed. Please advise us if you require additional informalion. ~ III IIIIIIIIIIIIIIII STATE OF COLORADO A copy of the technical revision application is available for public inspection at the Routt County Cour[house. Box 773598, Steamboat Springs, CO 80477, and at the Division office. For additional informalion or to provide written comments, contact the Division of Minerals and Geology, Room 215, 1313 Sherman Street, Denver,