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July 16, 2008 <br />Mr. Daniel Hernandez <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />CO-0021 <br />RE: Mountain Coal Company, LLC, "West Elk" mine, Permit No. C-1980-007, Minor <br />Revision MR-347, Annual Operating Plan Panel E 1 Longwall Panel Methane Drainage <br />Wells <br />Dear Mr. Hernandez: <br />This in response to the Colorado Division of Reclamation, Mining and Safety's (CO-DRMS) <br />July 15, 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 GSM's determination whether or not a mining plan approval from the <br />Secretary is required for the above permitting action. <br />OSM's review of MR-347, Annual Operating Plan Panel E 1 Longwall Panel Methane Drainage <br />Wells has determined that it proposes to install the methane drainage wells recently approved in <br />Technical Revision No. 111 (TR-111) E Seam Methane Drainage Wells for Longwall Panel E1 <br />(Conceptual Plan). Minor Revision MR-347 specifically addresses the number of drill pads, drill <br />holes, lengths and locations of roads and associated reclamation costs. Consequently, it falls <br />within the conceptual plan approved in TR-111. <br />Based on a review of the activities associated with the permit revision, OSM has determined that <br />Minor Revision MR-347 does not meet the requirements of 30 CFR PART 740 and PART 746. <br />Therefore, Minor Revision MR-347 does not constitute a mining plan action requiring <br />Secretarial approval. <br />Mountain Coal Company, LLC, however, may not begin any of the construction activities <br />associated with MR-347 until the Assistant Secretary, Land and Minerals Management has <br />approved the pending Mining Plan Modification associated with TR-111. <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