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September 23, 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, Permit <br />Revision PR-14, E-Seam Panels E2 through E12, E Seam Methane Drainage Wells <br />Dear Mr. Hernandez: <br />This in response to the Colorado Division of Reclamation, Mining and Safety's (CO-DRMS) <br />September 19, 2008, request for a decision, under 30 CFR 906.30, whether the above subject <br />permit 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 Permit Revision PR-14, E-Seam Panels E2 through E12, E Seam Methane <br />Drainage Wells, has determined that it proposes to install up to 152 methane drainage wells on <br />131 well pads and to construct 10.02 miles of access roads disturbing 80.02 surface acres of <br />Federal leases C-1362 and COC-067232 over the next twelve (12) years. PR-14 is essentially <br />the same as the previously submitted Technical Revision TR-112 that was covered by the <br />USDA Forest Service's Deer Creek Shaft and E Seam Methane Drainage Wells Project EIS. <br />Based on a review of the activities associated with the permit revision, OSM has determined that <br />PR-14 meets the requirements of the Federal regulations under 30 CFR 746.18(d)(5). <br />Therefore, PR-14, E-Seam Panels E2 through E12, E Seam Methane Drainage Wells does <br />constitute a mining plan action requiring Secretarial approval. <br />OSM'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 PR-14, E-Seam Panels E2 <br />through E 12, with other Federal agencies for compliance with other Federal regulations. <br />Please notify the applicant of our decision on this matter.