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III IIIIIIIIIIIIIIII <br />999 <br />I N FEPLS' REFER TO~ <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />1999 Broadway, Suite 3320 <br />Denver, Colorado 80202-5733 <br />May 21, 1997 <br />United States Department of the Interior <br />David A. Berry <br />Senior Environmental <br />1313 Sherman Bldg., <br />Denver, CO 80203 <br />Dear Mr. Berry: <br />Protection Specialist <br />#215 <br />RECEIVED <br />MAY 2 7 1991 <br />Division of minerals a veuioyy <br />This letter serves to document OSM's decision to not require a <br />mining plan approval for permitting of the Bowie No. 2 Mine. <br />Bowie Resources, Limited submitted an application for a new <br />permit on February 13, 1996 to mine coal at its proposed Bowie <br />No. 2 Mine. All mining operations at the proposed mine were to <br />be conducted on private land. The coal mining operations were to <br />occur on lands that are immediately adjacent to Federal surface <br />lands administered by the Bureau of Land Management. The DMG <br />consulted with OSM on this matter because the mining activity <br />would have an indirect effect on the Federal surface. The angle <br />of draw associated with the mining of the private coal will <br />result in subsidence of the adjacent Federal lands. The <br />Colorado DMG notified the BLM on February 23, 1996 concerning the <br />effect of the subsidence as part of the governmental agency <br />notification process which is required by it approved program. <br />Based on the above, OSM determined that the Bowie No. 2 mine is <br />not a federal mine because no coal mining and reclamation <br />operations would occur on leased Federal coal lands. Therefore, <br />a mining plan approval was not needed for this operation at that <br />time. If the operator proposes in the future to mine leased <br />Federal coal then a mining plan approval will be required. <br />If you have any questions, please call me at 844-1499. <br />Sincere, <br />Lawrence G. Kline <br />Project Manager <br />Colorado Federal Lands <br />