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III IIIIIIIIIIIII III STATE OF CO~U1~D0 DIVISION OF MINERALS AND GEOLOGY Deparimem u( N,mr,l Resources 171 3 Sherman SL. Room '_ 15 Denver, Giluradn 80_'07 I~~~~ Phone: 170 71 86h~ 3567 FAx~ 1 SO N ri S'-fl106 DEPARTMENT OF NATURAL January 22. 1998 RESOURCES West Regional Wildlife Manager Rny Romer eovetnor Colorado Division of Wildlife tames s. tncnne,d West Regional Office t=ecoirve Dne~mr 71 I Independent Avenue michael B. Long Grand Junction, CO 81505 Division Director RE: Apex No. 2 Mine (Permit No. C-81.011) 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 January 21, 1998, an application to renew an existing permit to conduct coal mining operations at the Apex No. 2 Mine was considered complete for the purposes of filing. Ail review and comment periods as provided in the Act and the Regulations initiate from this date of filing. The applicant proposes to extend for another 5 years the existing valid permit for conducting coal mining and/or reclamation operations on land located approximately 5 miles west of Oak Creek. Colorado. No mining is planned; the site is being reclaimed. The permit area is Further described as: Portions of Sections 21 and 22, Township 4 North, Range 86 West of the 6th P.M. The above-mentioned tract of land is shown on the USGS 7.5 minute Quadrangle map of Rattlesnake Butte. Because the above referenced permit renewal application would alter previously approved permit conditions or mitigation measures, we are requesting your agency's evaluation of the proposal. We also request your comments and concerns relating to the adequacy of fish and wildlife resources information, the fish and wildlife plan, and the reclamation plan as it relates to fish and wildlife considerations, including potential impacts to threatened or endangered species. Wildlife habitat is one of the proposed postmining land uses; therefore, we request your evaluation of proposed woody plant stocking levels, planting arrangements, and methods (or mitigation of potential adverse impacts. A copy of a location map and the permit renewal application are enclosed. [n order for us to comply with regulatory time frames, we request that comments be submitted to the Division o(Minerals and Ceolo¢y at the above address by March 22, 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. Please give me a call if you have questions or need additional information. Sincerely, T.t.r,r K.~..~ Tom Kaldenbach Environmental Protection Specialist TAK/JRC Enclosure(s) .r ~ossuanre=rnnseonm rex