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~ ~iiiiiiiiiiiiiiiiiii 999 United States Department of the Interior OFFICE OF SURFACE hIINING ~~ ~~~ ~';~ i3f~~M1IATION A\D ENFORCEh1ENT ' ° BROOKS TONERS y~! G..r i_ ~. "~ 1020 15TH STREET J A] J n ~~ 'I~CF] DEN1'ER. COLORADO 80202 1849A1 ~ii^:rw• LHP~C+ I~ECLaP.RA~iOh1 ~~VISION January 21, 1988 M1ir. John Hinton Pittsburgh and Midway Coal Company 6400 South Fiddler's Green Circle Englewood, Colorado 80111 Dear Mr. Hinton: TAI~® ~ 1~Df N i ~ i In Replv Refer To: 4441 CO-0010 The Office of Surface Mining Reclamation and Enforcement (OSMRE) is currently in the process of terminating the Federal permit (CO-0010) issued on June 2, 1982 for the Edna mine. The Federal permit is no longer necessary since this mine is now permitted to operate under State permit C-80-001 as per the implementation of the cooperative agreement between Colorado and OSMRE. Two items have come up which need to be resolved in order for the paperwork associated with the permit termination to proceed. The first item is associated with stipulation number 10 attached to the Federal permit when it was issued. This stipulation reads as follows: 10. Within 30 days upon operator's acceptance of the Secretary's approval, the operator will comply with Rule 4.18 (2)(a)(b)(c) and 4.18 (4)(h) [SMCRA 816.97(b),(d)(8)] which states that: A person who conducts surface coal mining operations shall promptly report to the Division the presence in the permit area of (a) Any threatened or endangered animal or plant species listed or proposed to be listed by the State or Secretary; (b) Any critical habitat of any threatened or endangered animal or plant species listed or proposed to be listed by the State or Secretary; (c) Any bald or golden eagle, or nest thereof, of which that person becomes aware and which was not previously reported to the Division by that person. r