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June 1, 2ofCEIVED <br />JUN 0 8 2015 <br />Division of Reclamation, <br />Mining & Safety <br />Robert D. Zuber <br />Division of Reclamation, Mining and Safety <br />1313 Sherman St, #215 <br />Denver, CO 80203 <br />OF SURFgCF <br />OG��L" i _�22G1 <br />i <br />r <br />M Z <br />�f��NAND INFO <br />CO -0015 <br />Re: Determination of a mining plan modification for Colowyo Coal Mine (Permit No. <br />C-1981-019), Permit Revision Application No. 4, Collom Mine Plan Revision <br />Dear Mr. Zuber, <br />This is in response to the Colorado Division of Reclamation Mining and Safety's (DRMS) <br />March 25, 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 />Western Fules-Colorado, LLC, Colowyo Mine permitting action. <br />Based on the OSMRE review of the Western Fules-Colorado, LLC's permit application <br />materials, and the OSMRE preliminary National Environmental Policy Act (NEPA) documents <br />for the Colowyo Coal Mine Collom Permit Expansion Area, OSMRE has determined that the <br />proposed action, adding approximately approximately 832 acres of Federal coal, constitutes a <br />mine 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 />