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United States Department of the Interior <br />i <br />OFFICE OF SURFACE MINING <br />~ , Reclamation and Enforcement <br />w aanx aew~ ro: 1999 Broadway, Suite 3320 <br />Denver, Colorado 80202-5733 <br />CO-0021 <br />February 2z,2oo2 RECEIVE[ <br />Mr. Michael P. Boulay <br />Colorado Division of Minerals and Geology FEB 2 '; ZUU2 <br />1313 Sherman Street, Room 215 Oivisian of Minerals and Geo~~ <br />Denver, Colorado 80203 - <br />RE: Seneca Coal Company - "Seneca TI W Mine Permit Revision. PR.-03, Increased <br />Disturbance Area" <br />Dear Mr. Boulay: <br />This letter is in response to your conversations with Carl Johnston on February 21, 2002 <br />concerning the above subject and Federal coal leases C-1362 and COC-56447. <br />A mining plan approval from the Secretary of the Interior is required by the Mineral Leasing Act <br />of 1920, 30 U.S.C 181, et seq. before coal mining can occur on Federal lands. This letter serves <br />to document the Office of Surface Mining's (OSM) determination that no mining plan approval <br />from the Secretary of the Interior is required for the above permitting action. <br />The Colorado Division of Minerals and Geology (CO-DMG) received the application for this <br />permit revision from Seneca Coal Company on February 4, 2002. The permit revision proposes <br />to increase the azea authorized for disturbance for coal mining and reclamation operations. <br />Specifically, permit revision PR-03 requests to; <br />1) increase the area authorized for disturbance within the existing Colorado State permit <br />by 148 acres *,e facilitate the recovery of coal from the Sage Creek and Wolf Creek <br />seams in Federal lease C-081258, and <br />2) increase the azea authorized for disturbance within the existing Colorado State permit <br />by 14 acres to facilitate the recovery of coal from the Wadge seam in Federal lease <br />C-081258. <br />CO-DMG and OSM consulted on this matter because there was a concern that the proposed <br />activity could require a mining plan approval from the Secretary of the Interior per the criteria <br />found under 30 CFR § 746.18(d). <br />Based on a review of the activities associated with the permit revision and the January 2000 <br />Mining Plan Modification Decision Document for Federal lease C-081258, OSM has deteimined <br />