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IV "T OF Ty ��E SURFpCF�i <br />United States Department of the Interior o �` <br />OFFICE OF SURFACE MINING 9 <br />�4RCH 3.1�a0 RECLAMATION AND ENFORCEMENT 2',9l'oNgNDEOC� <br />Western Region Office <br />1999 Broadway, Suite 3320 <br />RECEIVED Enver, CO 80202-3050 <br />M <br />JUN 0 0 ZQiB May 30, 2018 <br />Division of Reclamation, <br />CO -0021 <br />Jim Stark Mining & Safety <br />Coal Program Director <br />Department of Natural Resources <br />Colorado Division of Reclamation Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Subject: Revision 15 to Permit No. C-1980-007, Letter of Determination for the Expansion of the <br />permit boundary that is a Modification to Federal leases COC -1362 and COC -67232 at the West Elk <br />Mine <br />Mr. Stark, <br />On April 5, 2018, the Colorado Division of Reclamation, Mining and Safety requested a <br />determination from the Office of Surface Mining Reclamation and Enforcement (OSMRE) as to <br />whether or not a mining plan decision document (MPDD) is required for the West Elk Mine's permit <br />revision 15 (PR -15) to the Permit No. C-1980-007. This revision proposes to add 2,620 acres (1,520 <br />Federal acres, 1,100 Private acres) for the expansion of the permit boundary for longwall panels, <br />coal mining, and additional roads. PR -15 will increase the amount of Federal coal to be mined by <br />1,720 acres; however, it is an underground mine and only 32 acres of Federal lands will be disturbed. <br />Approximately 4.2 million tons of Federal coal will be mined. <br />OSMRE regulation 30 CFR 746.18(c) requires OSMRE to determine whether a mining plan <br />modification is required when a revision to a Federal landspermit is submitted. When a mining plan <br />modification is required, mining activity under the revision may not start until the <br />Assistant Secretary of Land and Minerals Management (ASLM) approves the mining plan. <br />There are six criterions described at 30 CFR 746.18(d) for determining whether a permit revision <br />constitutes a mining plan modification: <br />(1) Ani! change in the alining plan uvhich lrould affect the conditions of Its approval pursuant to <br />Federal lart, or regulation other than the Act. <br />PR -15 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 21 a; 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 />