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N ?y <br />a F" United States Department of the Interior <br />_ OFFICE OF SURFACE MINING <br />y1?'cit a +"?o Reclamation and Enforcement <br />P. O. Box 46667 <br />IN REPLY REFER TO: Denver, Colorado 80201-6667 <br />April 21, 2009 <br />CO-0021 <br />Mr. Daniel Hernandez RECEIVED <br />Colorado Division of Reclamation, Mining and Safety APR 2 4 2009 <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 Divis'00 v. `" `rr'at'on' <br />Mining and Safety <br />RE: Mountain Coal Company, LLC, "West Elk" mine, Permit No. C-1980-007, Minor <br />Revision MR-352, Dry Fork and Lions Mesa Exploration Drilling Project <br />Dear Mr. Hernandez: <br />This in response to the Colorado Division of Reclamation, Mining and Safety's (CO-DRMS) <br />April 17, 2009, request for a decision, under 30 CFR 906.30, whether the above subject permit <br />revision constitutes a mining plan modification and whether or not any additional environmental <br />analysis as required by the National Environmental Policy Act (NEPA) is required. <br />Mini ng plan approvals by the Secretary, of the Interior are. required under. theAlVli , eral 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 />OSM's review of Minor Revision MR-352, Dry Fork and Lions Mesa Exploration Drilling <br />Project, as revised by Mountain Coal Company, LLC. on April 20, 2009, has determined <br />it proposes to install seventeen (17) exploration holes to evaluate coal reserves and quality. Of <br />the seventeen (17) exploration holes, five (5) will be on fee lands, and one (1) will be a redrill of <br />a previous exploration hole. <br />The remaining eleven (11) exploration holes will be located on Federal lease C-1362 on well <br />pads approved by CO-DRMS' October 10, 2008, decision for Permit Revision No. 14 (PR-14) <br />Methane Drainage Wells for Longwall Panels E2 Through E12. These exploration holes will be <br />partially reclaimed and converted for future use as methane drainage wells as approved by PR-14 <br />and the January 15, 2009, Assistant Secretary Land and Minerals Management's approval of a <br />mining plan modification for Federal leases C-1362 and COC-67232. <br />Based on a review of the. activities associated with MR-352, OSM has determined that the <br />proposal does not meet the requirements. of 30 CFR 746.18(d).. Therefore, the proposed permit <br />rev sion,does not constitute a mining plan action requiring Secretarial approval; In addition; <br />since there is no Federal action on OSM's part and no additional surface'disturbance or <br />environmental impacts beyond those previously addressed in the USDA Forest Service's <br />TAKE PRIDE <br />IN AMERICA =,,1,`'++•??