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(6) Any change in the mining operations and reclamation plan that would result in a <br />change in the postmining land use where the surface isfederally-owned." <br />The proposed addition of two new Federal leases meet the criteria of 30 CFR <br />746.18(d}(4). <br />The proposed incorporation of already leased Federal coal into Colorado permit C-80- <br />007, thereby increasing the permit's size, meets the criteria of 30 CFR 746.18(d)(3). <br />Likewise, a permit revision that proposes to mine leased Federal coal, within the existing <br />permit, that is not covered by an existing Mining Plan Approval meets the criteria of 30 <br />CFR 746.18(d)(31. <br />Therefore, all of these proposed permitting actions constitute mining plan modification <br />that require approval by the by the Secretary of the Interior under the Mineral Leasing <br />Act of 1920, 30 LJ.S.C. 181, et sey. before coal mining can occur. <br />Although additional proposals and scenarios were discussed at the meeting, the above <br />examples are the most likely permitting actions that would require a Mining Plan <br />Modification for the West Elk mine. <br />if you have any questions regarding this letter, or need further information, please contact <br />me at (303) 844-1400, extension 1500. <br />Sincerely, <br />C_~//~ <br />Car] R. John " on <br />Natural Resources Specialist <br />- cc: CO-DMG <br />