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. ~ -~- <br />STATE OF COLORADO <br />DIyI510N OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SL, Room 215 <br />Denver, Colorado BO203 <br />Phone: (3031 866-3567 <br />FAx: 13031 832 8106 <br />May 24, 1999 <br />~~ <br />DIVISION OF <br />MI[JERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br /> Bil I Owens <br />Assistant State Supervisor c°vcm°r <br />Fish and Wildlife Enhancement Greg E. Walther <br />U.S. Fish and Wildlife Service E."°""e o"~°°` <br />764 Horizon Drive <br />South Annex A Michael B. Long <br />, Division DireUOr <br />Grand Junction, CO 81506-3946 <br />Re: Sanborn Creek Mine (Permit No. C-S1-022) <br />Technical Revision Application No. 33 (TR-33) <br />Temporary Pond E As-Built and Reclamation Bond Estimate <br />Dear Sir or Madam: <br />The Division of Minerals and Geology hereby issues notice, in accordance with Title 34, Article 33, Section 116, <br />Paragraph 4, of the Colorado Revised Statutes, that on May 21, 1999, an application to revise coal mining operations <br />at the Sanbom Creek Mine was considered complete for the purposes of filing. The revision was submitted by <br />Oxbow Mining, Inc.. All review and comment periods as provided in the Act and the Regulations initiate from [his <br />date of filing. <br />This technical revision would approve the as-built certification and reclamation bond liability estimate for temporary <br />Pond E, which had been constructed as an emergency mine dewatering pond located adjacent to the North Fork of <br />the Gunnison River. <br />The underground coal mining operation is on land located immediately North of Somerset. The permit area is further <br />described as follows: <br />Portions of Section 31, Township 12 South, Range 90 West; <br />Portions of Sections 34, 35 and 36, Township 12 South, Range 91 West; <br />Portions of Sections I, 2, 3, 4, 5, all of 6 and 7, Portions North of the North Fork of the Gunnison River in Sections <br />8, 9, 10, portions of Sections 11, 12, and 17, Township 13 South, Range 90 West, <br />Portions of Sections I-3, I 1-13, Township 13 South, Range 91 West of the 6th P.tvi. <br />The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Somerset. <br />Because the above referenced technical revision application would incorporate additional lands into the permit area <br />or might otherwise alter previously approved permit conditions or mitigation measures, we are requesting your <br />agency's evaluation of the potential for impacts to threatened or endangered species of plants or animals, or wildlife <br />species otherwise protected by federal law. <br />In order for us to approve this revision, we are required to make a finding that "the activities would not affect the <br />continued existence of endangered or threatened species or result in [he destruction or adverse modification of their <br />critical habitats as determined under [he Endangered Species Act of 1973...." We request your review and <br />