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R• iii iiiiiiiiiiiiiiii STATE OF COLO1~1llU DIVISION Of MINERALS AND GEOLOGY Departmem of Natural Resources 131 3 Sherman St., Room ? 1 S D?over, CO 80203 Phune:130318G6-3567 FAx~(303)832-8106 March 29, 1993 Assistant State Supervisor Fish and Wildlife Enhancement U. S. Fish and Wildlife Service 529 - 25 1/2 Road, Suite B 113 Grand Junction, CO 81505 Re: Orchard Valley Mine (Our File No. C-81-038) Technical Revision No. 21 (Discontinue Evaporation Pan) Dear Supervisor: of epro 4 M~~~ O • a v ~'' • ~~-• ~e vc RoY Romer Governor hLChaeIB Long Dwision Dueaor Pursuant to Title 34, Article 35, Paragraph 3, of the Colorado Revised Statutes, the Division of Minerals and Geology hereby issues notice that on March 29, 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. The applicant proposes to revise underground coal mining operations at the Orchard Valley Mine. The proposed revision would allow discontinuance of evaporation pan monitoring in the Stevens Gulch drainage basin. The land to be affected by this revision is located in the SW 1/4 NW 1/4 Section 13, Township 13 South, Range 92 West. The above-mentioned tract of land is shown on USGS 7.5 minute Quadrangle map of Bowie, 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 potential for impacts to threatened or endangered species of plants or animals, or wildlife species otherwise protected by federal law. Applicable sections of the revision application are enclosed. Please advise us if you require additional information. 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 April 28, 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. A copy of the technical revision application is available for public inspection at the Delta County Courthouse, Fifth and Palmer, Delta, Colorado.