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• • III IIIIIIIIIIIIIIII United States Department of the Interior OFFICE OF SURFACE MINING Reclamation and Enforcement BROOKSTOWERS 1020 15TH STREET DENVER, COLORADO 80202 February 3, 1983 Mr. David C. Shelton, Director Mined Land Reclamation Division Department of Natural Resources 1313 Sherman Street Denver, CO 80203 Dear Mr. Shelton: RECEIVED FED 071°~.3 C .f ~. MINLD LgLJp ~CLAMAiION COLD GEF I. OI N,4ilIRAL RFSO'JRCES I am enclosing letters from the U.S. Fish and Wildlife Service, P]inerals Management Service, and the Bureau of Land Management in response to Colorado Yampa Coal Company's Foidel Creek Permit Revision Application. These letters support the position that Federal approval of this modification is unnecessary. My decision is based on the following factors: a) this modification involves only private surface and private coal, b) mining proposed in this modification does not preclude the mining of any Federal coal, and c) mining proposed in this modification is consistent with our March 21, 1980 approval of the applicant's mine plan. As stated in the Cooperative Agreement, OSM has delegated authority to the State for the issuance of permits on private surface and private mineral intermingled with Federal coal. 1Je would, however, like to call your attention to the fact that archeological surveys have identified sites on the land surface which you may want to investigate further. A major issue, as you suggest, is the lacl: of hydrologic data for the Foidel Creek revision. We will follow this issue and your resolution of problems with particular interest, inasmuch as hydrologic impacts from this action contribute to impacts of mining other Federal coal in the area. Sincerely, Allen D. Klein Adminis[rator Western Technical Center Enclosure