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~II II~II~III~I~~ If~ 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department u(Natural Resources 1313 Shorn un SL, Ruoin 21 S Demcr, CC) 80203 Phune: i 303 i Bbb-3 Sh 7 FAx: p03183?~HI06 June 14, 1993 Mr. Robert Towry Division of Wildlife Attention: Mr. Bob Clark 2300 South Townsend Avenue Montrose. CO 61401 Re: Orchard Valley Mine (Our File No. C-61-038) Technical Revision No. 23 (Revised Seed Mix) Dear Mr. Clark: Pursuant to Title 34, Article 35, Paragraph 3, of the Colorado Revised Statutes, the Division of Minerals and Geology hereby issues notice that on June 14, 1993, a technical revision application for a permit to conduct coal mining operations by Cyprus Orchard Valley Coal Co., P.O. Box 1299, Paonia, Colorado 81428, was deemed complete for the purposes of filing. All reviews and comment periods as provided in the Act and Regulations promulgated thereunder initiate from this day of filing. uF cow \° •:~~~~~. Ruy Romrr COVprnUr hLChael B Lung Drv~~iGn Uirecto~ The applicant proposes to revise underground coal mining operations at the Orchard Valley Mine. The proposed technical revision would alter the approved permanent reclamtion seed mix to include species more conducive to the establishment of diverse vegetation stands. The lands to be affected by this revision are located in the NE 1/4 NW 1/4 Section 23, SW 1/4 NE 1/4 and NW 1/4 SE I/4 Section 24, and N 1/2 NW 1/4 Section 25, Township 13 South, Range 92 West, in Delta County. The above- mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Gray Reservoir, Colorado. Because the above referenced technical revision application might alter previously approved permit conditions or mitigation measures, we are requesting your agency's evaluation of the proposal as it relates to fish and wildlife considerations, including potential impacts to threatened or endangered species. A copy of the technical revision application is enclosed. In order for us to comply with regulatory time frames, we request that comments be submitted to the Division of Minerals and Geology at the above address by 5:00 p. m. on July 9, 1993. If no comments are received by this date, we will proceed on the assumption that your agency has no concerns with or objections to the applicant's proposal.