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.�,,Ep7Tafir <br />United States Department of the Interior <br />..\iil 4". <br />o <br />Q�pQ' <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Western Region Office <br />CH 3.'Nop <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202-3050 <br />March 25, 2018 <br />RECEITV C <br />MAR 2 8 2019 <br />D1010N OF � . C: `.:' -; %1 iON <br />Dan Hernandez 1G AND SAFETY <br />Division of Reclamation, Mining and Safety <br />1313 Sherman St, #215 <br />Denver, CO 80203 <br />OF SURFACE <br />4� <br />AND ENFO <br />CO -0093 <br />Re: Determination of a mining plan modification for Twentymile Coal LLC's Foidel Creek <br />Mine (Permit No. C-1982-056), Permit Revision Application No. 12 <br />Dear Mr Hernandez, <br />This is in response to the Colorado Division of Reclamation Mining and Safety's (DRMS) <br />November 29, 2018, 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 Assistant <br />Secretary for Land and Minerals Management (ASLM) are required under the Mineral Leasing <br />Act of 1920, 30 U.S.C. 181, et seq. before coal mining can occur on Federal lands. This letter <br />serves to document the Office of Surface. Mining Reclamation and Enforcement's (OSMRE) <br />determination whether or not a mining plan approval from the ASLM is required for the <br />Twentymile Coal LLC's Foidel Creek Mine Permit Revision 12. <br />Per the requirements at 30 CFR 740.13(d)(2), OSMRE consulted with the Bureau of Land <br />Management (BLM) Little Snake Field Office on March 21, 2019. Based on the consultation <br />and OSMRE's review of the materials submitted by your office, OSMRE determined that the <br />proposed action of mining a portion of new Federal coal lease COC -78449 constitutes a mining <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. <br />OSMRE will begin developing a mining plan decision document recommendation which will be <br />based on compliance with the National Environmental Policy Act, BLM's resource recovery and <br />protection plan documentation, the permit application package, DRMS's permit findings, and <br />any documentation ensuring compliance with applicable requirements of other Federal laws, <br />regulations, and executive orders including any necessary consultation with the U. S. Fish and <br />Wildlife Service, and Colorado State Historic Preservation Office. <br />