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oENT Or United States Department of the Interior of S FACE <br />Q4QQpe'�+1�1�� yFi2m oG� �Z� <br />s OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />9 ' Western Region Office <br />�gRCH 3, Asa 1999 Broadway, Suite 3320 /ONAND ENF° <br />Denver, CO 80202 -3050 <br />March 17, 2015 <br />CO -0093 <br />�,ECE�VED <br />Jason D. Musick <br />MAR 2 3 2015 <br />Division of Reclamation, Mining and Safety .,sion of geclafetylcn, <br />1313 Sherman St, #215 �`n'ng <br />Denver, CO 80203 <br />Re: Determination of a mining plan modification for Foidel Creel Mine (Permit No. <br />C- 1982 -056), Permit Revision Application No. 10, Wolf Creek Reserve Development <br />and Mining <br />Dear Mr. Musick, <br />This is in response to the Colorado Division of Reclamation Mining and Safety's (DRMS) <br />February 3, 2015 request for a decision, under 30 CFR 906.30, whether the following permit <br />revision constitutes a mining plan modification. Mining plan approvals by the Secretary of the <br />Interior are required under the Mineral Leasing Act of 1920, 30 U.S.C. 181, et seq. before coal <br />mining can occur on Federal lands. This letter serves to document the Office of Surface Mining <br />Reclamation and Enforcement's ( OSMRE) determination whether or not a mining plan approval <br />from the Assistant Secretary, Land and Minerals Management (ASLM) is required for the <br />Twentymile Coal LLC's Foidel Creek Mine permitting action. <br />Based on the OSMRE review of the Twentymile Coal LLC's permit application materials, and <br />the Bureau of Land Management's (BLM) preliminary National Environmental Policy Act <br />(NEPA) documents for the Foidel Mine lease COC- 54608, OSMRE has determined that the <br />proposed action, adding approximately 310 acres of Federal coal, constitutes a mine <br />plan modification requiring approval by the ASLM. OSMRE's decision was based upon <br />consideration of the Federal regulations under 30 CFR PARTs 740 and 746, and not the technical <br />aspects of the revision application itself. <br />OSMRE will begin developing a Mining Plan Modification Decision Document recommendation <br />which will be based on compliance with NEPA, BLM's Resource Recovery and Protection Plan <br />documentation, the permit application package, DRMS's permit findings, and documentation <br />ensuring compliance with applicable requirements of other Federal laws, regulations, and <br />executive orders including consulatation(s) with the U.S. Fish and Wildlife Service, and <br />consultation(s) on cultural resources. <br />