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United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Western Region Office <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202-3050 <br />March 12, 2010 <br />Mr. Daniel Hernandez <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />i**,ffl- °FTyF?? <br />o <br />10 SURrFC <br />AR ,? 51010 ?? co-o 103 <br />RE: Bowie Resources, LLC, "Bowie No. 2" mine, Permit No. C-1981-038, Permit <br />Revision Application No. 12 (PR-12), West Mine Expansion <br />Dear Mr. Hernandez: <br />This in response to the Colorado Division of Reclamation, Mining and Safety's <br />(CDRMS) March 1, 2010, request for a decision, under 30 CFR 906.30, whether the <br />above subject permit revision constitutes a mining plan modification. <br />Mining plan approvals by the Secretary of the Interior are required under the Mineral <br />Leasing Act of 1920, 30 U.S.C. 181, et seq. before coal mining can occur on Federal <br />lands. This letter serves to document OSM's determination whether or not a mining plan <br />approval from the Secretary is required for the above permitting action. <br />OSM's review of PR-12 has determined that it proposes to curtail coal recovery <br />operations in the northern portion of Federal lease COC-61209 at the Bowie No. 2 mine <br />due to unfavorable mining conditions. PR-12 would transfer approximately 2,379 acres <br />from the Bowie No. 1 mine to the Bowie No. 2 mine and each mine's permit area would <br />be adjusted accordingly. The recovery of the Federal coal in portions of Federal leases <br />C-27432, C-37210, and D-036995 originally assigned to the Bowie No. 1 mine would be <br />accomplished under the adjusted Bowie No. 2 permit. <br />The original mining plan at the Bowie No. 1 mine for portions of Federal leases C-25079 <br />and C-27432 was approved on December 21, 1981. Since that approval there have been <br />four (4) mining plan modifications for the Bowie No. 1 mine. A mining plan <br />modification for portions of Federal leases C-25079, C-27432, and D-036955 was <br />approved on April 28, 1983. A mining plan modification for a portion of Federal lease <br />C-37210 was approved on August 10, 1984. A mining plan modification for the <br />remainder of Federal leases C-25079, C-27432, D-036955, and C-37210 was approved <br />on August 26, 1992. A mining plan modification for new Federal lease COC-53356 was <br />approved on October 29, 1993. <br />