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United States Department of the Interior <br />3 <br />OFFICE OF SURFACE MINING <br />~ Reclamation and Enforcement <br />aa~cvxeFaam 1999 Broadway, Suite 3320 <br />Denver, Colorado 80202-5733 <br /> <br />~~~ ? 2 Zt~U7 <br />Oiviaion of MineralsandllooloBY <br />CO-0021 <br />February 20, 2002 <br />Ms. Sandy Brown <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RE: Mountain Coal Ca.,.pany - "West Elk i~iitie Teclnical Revision No. 95, Incidental <br />Boundary Change" <br />Deaz Ms Brown: <br />This letter is in response to your conversations with Carl Johnston on February 19, 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 />OSM and the Colorado Division of Minerals and Geology (CO-DMG) received the application <br />for this permit revision from Mountain Coal Company on or about February 15, 2002. The <br />permit revision proposes to add 113.3 acres of Federal coal and Federal surface lands to the <br />southeastern portion of the existing permit area. Specifically, Technical Revision No. 95 <br />requests to change the current approved permit boundary and amend the mine plan to; <br />1) modify Exhibit 4, "Legal Right tc Eater" to reflect a ]case modification adding 149.48 <br />acres to Federal lease COC-56447, <br />2) modify Exhibit 4, "Legal Right to Enter" to reflect a lease modification adding 160 <br />acres to Federal lease C1362, and <br />3) to add 113.3 acres in the N. 'h T. 13 S, R. 91 W. 6u' P.M. to reorient some of the <br />planned longwall panels, due to geologic conditions and to show the anticipated <br />mining for Panel 17. <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 />