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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 />July 1, 2009 <br />Assistant State Supervisor <br />Fish and Wildlife Enhancement <br />U.S. Fish and Wildlife Service <br />/ V'T 11V114V11 Ll l V ?, 1JVUL11 L"11111VA A <br />Grand Junction, CO 81506-3904 <br />Re: Peabody Sage Creek Mine (Permit No. C-2009-087) <br />New Permit Application <br />Dear Sir or Madam: <br />COLORADO <br />D I V I S I O N O F <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, <br />Section 118, Paragraph 3 of the Colorado Revised Statutes, that on June 30, 2009, an application for a permit to <br />conduct coal mining operations at the Peabody Sage Creek Mine was considered complete for the purposes of <br />filing. All review and comment periods as provided in the Colorado Surface Coal Mining Reclamation Act and <br />the Rules and Regulations of the Colorado Mined Land Reclamation Board for Coal Mining initiate from this date <br />of filing. <br />The applicant, Sage Creek Coal Company, LLC, proposes to conduct underground coal mining operations on land <br />located approximately 9 miles south and east of Hayden. The permit area is further described as follows: <br />Township 5 North, Range 87 West, all or portions of Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21 and <br />22; and Township 6 North, Range 87 West, all or portions of Sections 27, 28, 29, 32, 33, 34, 35 and 36 <br />The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle maps of Mount Harris, Milner, <br />Rattlesnake Butte, and Dunckley. <br />The applicant's proposal is for a new mining and reclamation permit that would allow development of room-and- <br />pillar underground mine workings and surface facilities, in advance of future long-wall workings that may be <br />proposed in a subsequent revision to this new permit. <br />The Division is coordinating with the Office of Surface Mining on evaluation of the potential for impacts to <br />threatened or endangered species of plants or animals, or wildlife species otherwise protected by federal law. In <br />order for us to approve this permit, 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 the destruction or adverse modification of <br />their critical habitats as determined under the Endangered Species Act of 1973". The OSM will prepare the <br />biological assessment necessary for approval based on the information provided in the application, and OSM will <br />coordinate with your office if necessary. This coordination is required to ensure mitigation of potential impacts to <br />federally protected wildlife species. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines