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I <br />CO-0043 <br />July 8, 2008 <br />Mr. Daniel Hernandez <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RE: GCC Energy, LLC "King I" Mine - TR-14, Revised Mine Plan Map <br />Dear Mr. Hernandez: <br />This in response to the Colorado Division of Reclamation, Mining and Safety's (CO-DRMS) <br />July 3, 2008, request for a decision, under 30 CFR 906.30, whether the above subject permit <br />revision constitutes a mining plan modification. <br />Mining plan approvals by the Secretary of the Interior are required under the Mineral Leasing <br />Act of 1920, 30 U.S.C. 181, et seq. before coal mining can occur on Federal lands. This letter <br />serves to document OSM's determination whether or not a mining plan approval from the <br />Secretary is required for the above permitting action. <br />GSM's review of TR-14, Revised Mine Plan Map has determined that it proposes to recover coal <br />from Federal leases COC-29125, COC-49465 and COC-60941 and a fee lease at the King I mine <br />Colorado State permit C-1981-035. The proposed area to be mined is within the current <br />approved permit area and Mine Plan Approval area at the King I. <br />i <br />Based on a review of the activities associated with the permit revision, OSM has determined that <br />the proposal meets the requirements of 30 CFR 746.18(d)(3)(i). Therefore, the proposed permit j <br />revision does not constitute a mining plan action requiring Secretarial approval. <br />GSM's decision was based solely upon the Federal regulations under 30 CFR PART 746 and not <br />the technical aspects of the revision application itself. Consequently, OSM's decision does not <br />relieve CO-DRMS from coordinating the review and approval of TR-14, Revised Mine Plan <br />Map, with other Federal agencies for compliance with other Federal regulations. <br />Please notify the applicant of our decision on this matter. <br />i <br />Should you have any questions regarding this letter or approval, please contact Carl R. Johnston; <br />Colorado Federal Lands coordinator, at (303) 296-55038. <br />Sincerely, <br />Foster E. Kirby <br />Acting Manager, Northwest Branch