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ENi O[ [ <br />°~Pl~. t~~~~i/~ ~fi <br />`` = "~- ' United States Department of the Interior <br />• J o OFFICE OF SURFACE MINING <br />'~,.~ _ ~e~° RECLAMATION AND ENFORCEMENT <br />Washington, D.C. 20240 <br />JUN 2 3 2C06 <br />MEMORANDUM r <br />TO: R.M. "Johnnie" Burton °~ ~' <br />Director, Minerals Management Service -~ "° d <br />Exercising the delegated authority of the <br />Assistant Secretary, Land and Minerals Management <br />FROM: Brent Wahlquist, Acting Director <br />Office of Surface Mining ~~y~ ~~ J /j~ <br />~,~~ <br />SUBJECT: Recommendation for Approval, Without Special Conditions, of a Mining Plan <br />Modification for Federal Lease C-1362 at Mountain Coal Company, L.L.C.'s <br />West Elk Mine located in Delta and Gunnison Counties, Colorado <br />1 recommend approval, without special conditions, of this mining plan modification. My <br />recommendation is based on: <br />• (1) Mountain Coal Company, L.L.C.'s complete permit application package (PAP); <br />(2) compliance with the National Environmental Policy Act of 1969; <br />(3) documentation assuring compliance with applicable requirements of other Federal <br />laws, regulations, and executive orders; <br />(4) comments and recommendations or concurrence of other Federal agencies, and <br />the public; <br />(5) the findings and recommendations ofthe Bureau of Land Management regarding <br />the resource recovery and protection plan, the Federal lease requirements, and the <br />Mineral Leasing Act, and; <br />(6) the Proposed Decision and Findings of Compliance for Permit Revision No. I0, <br />West Elk Mine, C-80-007, of the Colorado Division of Minerals and Geology. <br />The Secretary may approve a Mining Plan for Federal leases under 30 U.S.C. §§ 207(c) and <br />1273(c). In accordance with 30 CFR Chapter VII, Subchapter D, I find that the proposed mining <br />plan modification will be in compliance with all applicable laws and regulations. <br />• Attachment <br />