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<br />1 <br />United States Department of the Interior <br />BUREAU OF UND MANAGEMENT <br />UNCOMPANGRE BASIN RESOURCE AREA <br />Y505 SOUTH TOWNSEND AVENUE iR RYLY RRIRa 70: <br />MONTROSE. COLORADO 81401 <br />3400 (CO-034) <br />C-64568 <br />C-0117191 <br />C-1361 <br />D-044669 <br />Kathy welt ~ 15 <br />Mountain Coal Company <br />P.O. Box 591 <br />Bomsrast, Colorado 81434 <br />Dear Ms. Nelt~ <br />las understand thst Mountain Coal Company (MCC) was issued a violation and <br />oivil penalty as a result o! DMq's interpretation of Rule 4.10.1 0! the <br />"Regulations o! the Colorado Mined Land Rsolamation Board for Coal Mininq.• <br />The Aule rsqulres MCC to notify the surtaes owners at least six monehs prior <br />to mining under their property. This has been laterpreted to inoluds the 8LM <br />and UByB. <br />The requirement for notifying 8LM that MCC will be mining under HLM is not <br />necessary because as the surface and minerals managing agsnoy, we review all <br />the Mina sad Aeelamalion Plan Pssmits and Revisions a^ wall as conduct <br />quarteely underground inapsations of the federal coal mined. In addition, MCC <br />cannot mine federal ooal without a federal lease iaaued by ei,M. In most <br />oases, where Lhese is HL1[ managed susiaoe, it is unlaia by lsderal coal so a <br />fsdedal coal lease has been iaaued. escaues ws issue the ledesal ooal lease, <br />we ass well aware o! the impacts resulting lrom mining. <br />In fact, ao separate or formal notification is requested or required by the <br />HLM prior to MCC mining under 8LM managed Lando. If you have any questions <br />please contact Lynn Lewis at 169-6047. <br />Bineersly yours, <br />),flan J: Salt <br />Ursa Manager <br />