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United States Department of the Interior <br />_ OFFICE OF SURFACE MINING <br />H , Reclamation and Enforcement <br />P. O. Box 46667 <br />IN REPLY REFER TO: Denver, Colorado 80201-6667 <br />CO-0093 <br />June 8, 2009 EDErV ED <br />Mr. Daniel Hernandez 30N ? "? 2O <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 a obiul vy and Sa ety n, <br />Denver, Colorado 80203 wing <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 />OSM'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 E'/2SW'/4, SE/4; <br />Section 27, Wl/2NE'/4, E'/2NW1/4, N'/2NE'/4SW'/4, WI/2SE'/4 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 1 <br />INAMERICA`"?{