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III IIIIIIIIIIIIIIII United States Department of the Interior OFFICE OF SURFACE MINING ~ RECLAMATION AND ENFORCEMENT ~ BROOKS TOWERS '~ ~ 1020 15TH STREET DENVER, COLORADO 80202 ~~~ n R'epfy: Refn "I'o: _. l~ May 6, 1993 Mr. Dave Berry MAY 07 1993 Colorado Division of Minerals and Geology Jrvrs,on ut r i rre~dl5 `~ uy,V 215 Centennial Building ~eof 1313 Sherman Street Denver, Colorado 80203 RE: Energy 1 and 2 and Eckman Park Mines Permit Revision 34, Alternate Land Use Dear Mr. Berry: On May 5, 1993, you noted in a conversation with Richard Holbrook that the proposed decision to deny the above-captioned permit revision will be heard by the Mined Land Reclamation Board under. Colorado Rule 2.07.4(3)(b). I would like to reiterate that the proposed land use change constitutes a mining plan modification under 30 CFR § 746.18(d)(6). If the Board reverses the Division's decision to deny the land use change, the mining plan modification must be approved by the Assistant Secretary for Land and Minerals Management for the affected lands within the Federal leases. In that event, please provide us with a copy of the Board's written findings of compliance and supporting documentation for approval of the permit revision, which are required under Colorado Rule 2.07.6(2), and any other documentation related to the approval and the hearing, including, but not limited to, concurrences and comments of Federal agencies that were considered in the Board's decision as required under §§ V.A.4 and VI.A.3 of Appendix B of the Colorado Cooperative Agreement. The Secretary must consider the Board's findings and decision in his decision on the mining plan modification. If you have any questions, please contact me or Richard Holbrook at 844-2400. Sincerely, UZ.oVr~v(J1N ~~ rtif ~.. Ranvir Singh, ~hief Federal Lands Branch cc: OSM, Albuquerque Field Office Mr. Terrell Johnson, Cyprus Yampa Valley Coal Company ,_ ~. .t ..