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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depattmenl of Natural Resources 1313 Sherman 51.. Room ? 15 Denver, Colorado 8003 Phone: (303)866-3567 FAx: (303) 832 b106 March 9, 2001 DIVISION OF MINERALS GEOLOGY RECLAMATION MININ G•SAFETY 6~II Owens Assistant State Supervisor Governor Fish and Wildlife Enhancement Creq E. Walther U.S. Fish and Wildlife Service fieculive Director 764 Horizon Drive, South Annex A Michael B. Long Division Director Grand Junction, CO 81506-3946 Re: Eagle No. 5 and 9 Mines (Permit No. C-1981-044) Technical Revision Application No. 32 (TR-32) Suspension of Non-NPDES Hydrologic Monitoring Dear Sir or Madam: The Division of Minerals and Geology hereby issues notice, in accordance with Title 34, Article 33, Section 116, Pazagraph 4, of the Colorado Revised Statutes, [hat on March 8, 2001, an applica[ioti [o revise coal mining operations at the Eagle No: 5 and 9 Mines was considered complete for the purposes of filing. The revision was submitted by RAG Empire Corporation. All review and comment periods as provided in the Act and the Regulations initiate from this date of filing. The applicant proposes to suspend all hydrologic monitoring (except discharge permit monitoring) until the mines reactivate. The mines have been inactive since 1995, and i[ is not known when the mines will reactivate. The underground coal mining.operation is on land located approximately 7 miles southwest of Craig, Colorado. 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, l9, 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 Because the above referenced technical revision application alter previously approved permit conditions (hydrologic monitoring plan as noted above), 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. In order for us to approve this revision, we aze required to make a finding that "the activities would not affect the continued existence of endangered or threatened species or result in the destruction 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. The proposed suspension of hydrologic monitoring will not affect the existing depletion analysis for the Upper Colorado River Basin contained in the mining permit. Please advise us if you require additional information.