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;Mr <br />t ENY OF T,y? <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />`NCH > Reclamation and Enforcement <br />RO. Box-46667. <br />IN REPLY REFER TO Denver, Colorado 80201-6667. . . <br />CO-0093 <br />June 8, 2009 CEIVE® <br />??09 <br />Mr. Daniel Hernandez JUN 11 <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 uivisius ?eciamation, <br />Mining and Safety <br />Denver, Colorado 80203 <br />RE: Twentymile Coal Company, "Foidel Creek" mine, Permit No. C-1982-056, Permit <br />Revision PR-08 <br />Dear Mr. Hernandez: <br />This in response to the Colorado Division of Reclamation, Mining and Safety's (CO-DRMS) <br />June 8, 2009, 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 PR-08 has determined that it proposes to recover Federal coal for the first time <br />from a new Federal lease.in Township 5 North, Row 87 West, Section, 22 EI/2SW'/a, SE/4; <br />Section 27, W'/2NE 1/a, E'hNW'/a, N1/2NE14SWI/a, W1/2SEI/a containing approximately 500 acres. <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 />the proposed permit revision does 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 <br />not the technical aspects of the revision application itself. Consequently, OSM's decision does <br />not relieve CO-DRMS from coordinating the review and approval of Permit Revision PR-06 <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) 296-5038. <br />TAKE PRIDE <br />IN AMERICA =?'?+{