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..,SOT OF T <br />United States Department of the Interior <br />37 <br />O <br />7 X <br />OFFICE OF SURFACE MINING <br />, RECLAMATION AND ENFORCEMENT <br />Western Region Office <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202-3050 <br />April 25, 2018 <br />RECEIVED <br />Jim Stark APR 3 0 2018 <br />Coal Program Director Division of Reclamation, <br />Department of Natural Resources Mining & Safety <br />Colorado Division of Reclamation Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />CO -0013 <br />Subject: Revision 119 to Permit No. C-07519, Letter of Determination for the Topsoil Stripping Plan <br />Haul Road Addition Modification to Federal lease C-07519 at the Trapper Mine <br />Mr. Stark, <br />On March 2, 2018, you requested a determination from the Office of Surface Mining Reclamation <br />and Enforcement (OSMRE) as to whether or not a mining plan decision document (MPDD) is <br />required for the Trapper Mine's technical revision 119 (TR -119) to Permit No. C-07519. This <br />revision proposes to add 1.3 acres of disturbed surface for the addition of a haul road to accompany <br />new topsoil stripping areas. TR -119 will not change the amount of coal to be mined. <br />Federal regulation 30 CFR 746.18(c) requires OSMRE to determine whether a mining plan <br />modification is required when a revision to a Federal lands permit is submitted. If we determine that <br />a mining plan modification is required, mining activity for the identified area may not start until the <br />Assistant Secretary of Land and Minerals Management (ASLM) approves the mining plan. Mining <br />plan modifications require the same MPDD as a new Federal lands permit [Part 746.18 (b)]. <br />There are six criterion OSMRE must consider under 30 CFR 746.18(d) when determining if a <br />MPDD is required: <br />(1) Any change in the raining plan which would affect the conditions of its approval pursuant to <br />Federal lativ or regulation other than the Act. <br />TR -119 does not conflict with: The Federal Land Policy Management Act, 43 USC 1701 et seq.; <br />National Forest management Act of 1976, 16 USC 1600 et seq.; Multiple -Use Sustained -Yield Act <br />of 1960, 16 USC 528; Mining and Minerals Policy Act of 1970, 30 USC 21a; The Mineral Leasing <br />Act of 1920, 30 USC 181 et seq.; The Mineral Leasing Act for Acquired Lands of 1947, 30 USC 351 <br />et seq.; The National Environmental Policy Act of 1969, 42 USC 4312 et seq.; The Clean Air Act, <br />42 USC 7401 et seq.; The Federal Water Pollution Control Act, 33 USC 1251 et seq.; The Resource <br />Conservation and Recovery Act of 1976, 42 USC 6901 et seq.; Rivers and Harbors Act of 1899; The <br />