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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />January 3, 2008 <br />Carl Johnston <br />Office of Surface Mining <br />Western Regional Coordinating Center <br />1999 Broadway, Suite 3320 <br />P.O. Box 46667 <br />Denver, CO 80201-6667 <br />Re: McClane Canyon Mine (Permit No. C-1980-004) <br />Technical Revision Application No. 16 (TR-16) <br />Coal Mine Waste Disposal Site Plan <br />Dear Mr. Johnston: <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division of Reclamation, Mining and Safety hereby issues notice, in accordance with Title 34, Article 33, Section 116, <br />Paragraph 4, of the Colorado Revised Statutes, that on January 3, 2008, an application to revise coal mining operations at the <br />McClane Canyon Mine was considered complete for the purposes of filing. The revision was submitted by McClane Canyon <br />Mining, LLC. All review and comment periods as provided in the Act and the Regulations initiate from this date of filing. <br />This technical revision would allow for construction of a coal mine waste disposal site within the McClane Canyon Mine permit <br />area, in the vicinity of the existing sediment pond and soil stockpiles. Final capacity of the disposal site would be <br />approximately 38,000 cubic yards. Additional disturbed area would be approximately 4.75 acres and would include relocated <br />soil stockpiles and a new sedimentation pond. The new sediment pond would replace the existing sediment pond, which will be <br />covered over by the proposed waste pile. The new waste pile will replace the approved waste pile located in the Munger <br />Canyon Mine permit area, which was reclaimed in the summer of 2007. The application does not propose any expansion of <br />the currently approved permit area. <br />The new proposed disturbance is limited to small areas of big sagebrush/greasewood, and pinyon juniper woodland habitat, <br />immediately adjacent to previously disturbed areas at the mine. Based on the limited size of the disturbance and location <br />immediately adjacent to previous disturbed areas, and further based on the Biological Assessment for the McClane Canyon and <br />Munger Canyon Mines completed in 2006 (see Memorandum of June 16, 2006 from USFWS to OSM), we do not believe there <br />is a potential for further impacts to threatened or endangered species of plants or animals, or wildlife species otherwise <br />protected by federal law. We therefore believe that a new biological assessment will not be necessary for this technical revision. <br />Please contact us regarding the need for any additional T&E assessment or consultation in regard to this technical <br />revision application. <br />The underground coal mining operation is on land located approximately 20 miles north of Loma, Colorado. The permit area is <br />further described as follows: <br />Portions of Sections 15, 16, 21, 22, 27, and 28, US, R102W, 6th PM, all in Garfield County. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines