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United States Department of the Interior <br />IN REPLY REFER TO: <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />P.O. Box 46667 <br />Denver, Colorado 80201-6667 <br />March 20, 2006 <br />Mr. Joe Dudash <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />G u`y4 ® CO-0103 <br />??? ? 3 2006 <br />Ilyd GoOkOW <br />RE: Bowie Resources LLC "Bowie No. 2" Mine - PR-10, Revised B-Seam Mine Plan Change <br />Dear Mr. Dudash: <br />This in response to the Colorado Division of Minerals and Geology's (CO-DMG) March 14, 2006, request for a <br />decision, under 30 CFR 906.30, whether the above subject permit revision constitutes a mining plan modification. <br />Mining plan approvals by the Secretary of the Interior are required under the Mineral Leasing Act of 1920, 30 <br />U.S.C. 181, et seq. before coal mining can occur on Federal lands. This letter serves to document OSM's <br />determination whether or not a mining plan approval from the Secretary is required for the above permitting action. <br />OSM's review of PR-10, Revised B-Seam Mine Plan Change has determined,that it proposes to lengthen one <br />longwall panel and add three additional longwall panels to recover additional coal resources in Federal lease COC- <br />61209 within the current approved permit area and Mine Plan Approval area at the Bowie No. 2 mine, Colorado <br />State permit C-1996-083. <br />Based on a review of the activities associated with the permit revision, OSM has determined that the proposal meets <br />the requirements of 30 CFR 746.18(d)(3)(i). Therefore, the proposed permit revision does not constitute a mining <br />plan action requiring Secretarial approval. <br />OSM's decision was based solely upon the Federal regulations under 30 CFR PART 746 and not the technical <br />aspects of the revision application itself. Consequently, OSM's decision does not relieve CO-DMG from <br />coordinating the review and approval of PR-10, Revised B-Seam Mine Plan Change, with other Federal agencies for <br />compliance with other Federal regulations. <br />Please notify the applicant of our decision on this matter. <br />Shouid you have any questions regarding this letter or approval, please contact Car] R. Johnston, Colorado Federal <br />Lands coordinator, at (303) 844-1400, extension 1500. <br />Sincerely, <br />(R ;y <br />Ranvir Singh <br />Manager, Northwest Branch <br />cc: Denver Field Division <br />TAKE PRIDE ®?_„? <br />4F--% VVn