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,. Messrs. Kline ar~7agen <br />Page 2 • September 1G, 1982 <br />Although the underground workings will be in fee coal during the permit <br />term, there ax'e two federal leases, also contro.iled by Getty, which Iie <br />adjacent to the fee coal to the north, west, and east boundaries of the <br />permit area. This federal coal may be underground mined at some future <br />date and may be added to the Foidel Creek mine, dependent upon the resultB <br />of mining under this application, <br />Given the situation relative to the neco OSM/State relationship under <br />the cooperative agreement, we believe that the application should be <br />reviewed as a non-federal mine for the following reasons: a) tJO federal <br />lease reserves will be mined and federal mine plan approval from the <br />Secretary is thus not required; b) there are no federal surface lands <br />involved and therefore no approvals are required from federal land <br />management agencies. <br />I ~oi1l Look forward to your prompt response to our inquiry and would be <br />willing to meet with you to discuss this matter further should that be <br />helpful. <br />Very truly yours, <br />~, <br />CvJtr(J-tti ~~. c..y-,~.iu ~ J~c~ <br />~~ {~ / <br />Fred Banta t ' <br />Coal Supervisor <br />t <br />FB/ep <br />cc: Mr. George Youny, Getty Oil Company <br />Mr. Larry Damrau, Colorado Yampa Coal Company <br />Mr. Bob Xagen, OSM Albuquerque <br />