2018-02-01_REVISION - C1980007 (3)

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`O04T OF Ty OF SURFgL.F P .ril/i F � Mi United States Department of the Interior OFFICE OF SURFACE MINING 9 BRACH 3,Sa9 RECLAMATION AND ENFORCEMENT �9l�HANDEN` Western Region Office 1999 Broadway, Suite 3320 Denver, CO 80202-3050 January 26, 20] 8 RECEIVED CO -0021 Leigh Simmons FEB p 12018 Environmental Protection Specialist Department of Natural Resources C;v;s;0n of Redam �►+ Colorado Division of Reclamation Mining and Safety Mining & Safety 1313 Sherman Street, Room 215 Denver, CO 80203 Subject: Revision 144 to Permit No. C-1980-007, Letter of Determination for the Coal Exploration Modification to Federal leases COC -1362 and COC -67232 at the West Elk Mine Mr. Simmons, On January 19, 2018, you requested a determination from the Office of Surface Mining Reclamation and Enforcement (OSMRE) as to whether or not West Elk Mine's revision 144 (TR -144) to Permit No. C-1980-007 is considered a mine plan modification requiring approval by the Secretary. Permit revision TR -144 proposes underground coal exploration within the current permit boundary, with up to 30 acres of development within an area of fee coal and up to 20 acres within the newly modified federal lease boundaries, with no additional surface disturbance outside the area currently approved for disturbance. OSMRE regulation 30 CFR 746.18(c) requires OSMRE to determine whether a mining plan modification is required when a revision to a Federal lands permit is submitted. When a mining plan modification is required, mining activity under the revision may not start until the Assistant Secretary of Land and Minerals Management (ASLM) approves the mining plan. There are six criterions described at 30 CFR 746.18(d) for determining whether a permit revision constitutes a mining plan modification: (1) Any change in the mining plan which would affect the conditions of its approval pursuant to Federal law or regulation other than the Act. TR -144 does not conflict with: The Federal Land Policy Management Act, 43 USC 1701 et seq.; National Forest management Act of 1976, 16 USC 1600 et seq.; Multiple -Use Sustained -Yield Act of 1960, 16 USC 528; Mining and Minerals Policy Act of 1970, 30 USC 21a; The Mineral Leasing Act of 1920, 30 USC 181 et seq.; The Mineral Leasing Act for Acquired Lands of 1947, 30 USC 351 et seq.; The National Environmental Policy Act of 1969, 42 USC 4312 et seq.; The Clean Air Act, 42 USC 7401 et seq.; The Federal Water Pollution Control Act, 33 USC 1251 et seq.; The Resource Conservation and Recovery Act of 1976, 42 USC 6901 et seq.; Rivers and Harbors Act of 1899; The