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IN REPLY REFER TO:. <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />P.O. Box 46667 <br />Denver; Colorado 80201-6667 v?® CO-0093 <br />July 8, 2008, <br />1 T19 <br />Mr. Daniel Hernandez A \ati?on <br />Colorado Division of Reclamation, Mining and Safety 1e,, <br />1313 Sherman Street, Room 215 0 M???n9 <br />Denver, Colorado 80203 <br />RE: Twentymile Coal Company, "Foidel Creek" Mine - Technical Revision TR-64 <br />Dear Mr. Hernandez: <br />This in response to the Colorado Division of Reclamation, Mining and Safety's (CO-DRMS) <br />July 7, 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 Technical Revision TR-64, found that it proposes to recover coal for the first <br />time from Federal lease COC-67514 at the Foidel Creek, Colorado State permit C-1982-056. In <br />addition, Technical Revision TR-64 proposes to extend coal recovery operations in Federal <br />leases C-081330 and C-20900 beyond the area approved in the last Mining Plan Modification. <br />Based on a review of the activities associated with the permit revision, OSM has determined that <br />the proposal does meet the requirements of 30 CFR 746.18(d)(3) and 746.18(d)(4). Therefore, <br />Technical Revision TR-64 does 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 Technical Revision TR-64, <br />with other Federal agencies for compliance with other Federal regulations. <br />Please notify the applicant of our decision on this matter. <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 />dix- ? ,i?l <br />WEE' D E <br />I[AC nch