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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 />May 29, 2009 <br />Assistant State Supervisor <br />Fish and Wildlife Enhancement <br />U.S. Fish and Wildlife Service <br />764 Horizon Drive, South Annex A <br />Grand Junction, CO 81506-3904 <br />Re: Foidel Creek Mine (Permit No. C-1982-056) <br />Permit Revision Application No. 8 (PR-8) <br />Western Mining District Expansion <br />Dear Sir or Madam: <br />COLORADO <br />D I V I S 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 (DMG) hereby issues notice, in accordance with Title 34, Article <br />33, Section 118, Paragraph 3, of the Colorado Revised Statutes, that on May 29, 2009, an application to revise coal <br />mining operations at the Foidel Creek Mine was considered complete for the purposes of filing. All review and <br />comment periods as provided in the Act and the Regulations initiate from this date of filing. <br />The applicant proposes to expand its underground development mining and underground longwall mining <br />operations into Sections 17, 18, 19, and 20 of T5N, R86W, and Sections 13, 22, 23, 24, 25, 26, 27, 34, and 35 of <br />T5N, R87W, 6th P.M., Routt County, Colorado. The applicant proposes to add 2,540 acres of new underground <br />mining acreage, but proposes no addition of new permit area acreage. The applicant additionally proposes no new <br />surface disturbance area acreage. Some surface areas overlying and immediately adjacent to the proposed <br />underground mining acreage are expected to be affected by subsidence. <br />The underground coal mining operation is located approximately 23 miles Southwest of Steamboat Springs, <br />Colorado. The permit area is further described as follows: <br />In portions of Sections 7, 8, 9, T4N, R86W; Sections 32 and 33, T6N, R86W; Sections 13, 22, 23, 24, 25, 26, 27, <br />34, 35 and 36 in T5N, R87W; and all of T5N, R86W with the exception of Sections 34, 35, and 36. <br />The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Rattlesnake Butte, Cow <br />Creek, Dunckley, Milner, Mount Harris, and Oak Creek. <br />Because the above referenced technical revision application would incorporate additional lands into the permit <br />area or might otherwise alter previously approved permit conditions or mitigation measures, the Division is <br />coordinating with the Office of Surface Mining on evaluation of the potential for impacts to threatened or <br />endangered species of plants or animals, or wildlife species otherwise protected by federal law. A copy of the <br />permit section addressing potential effects of the operation to threatened and endangered (T&E) species has been <br />forwarded to the Office of Surface Mining. The OSM will prepare the biological assessment necessary for <br />approval based on the information provided in the application. The OSM will coordinate with your office as <br />necessary. This coordination is required to ensure mitigation of potential impacts to federally protected wildlife <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines