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Q4~,`N i OF T1F Wp a o ~ m _ y N 0 `~ 9 ~gRCH 3 ,e~ IN REPLY REFER T0: OFFICE OF SURFACE MINING Reclamation and Enforcement P.O. Box 46667 Denver, Colorado 80201-6667 October 28, 2003 CO-0021 RECEIVI~r~ Mr. Phil G. Schmidt Mgr. Engineering and Environmental Affairs Mountain Coal Company P.O. BOX 591 Somerset, CO 81434 RE: West Elk M:ine's Future Permitting Plans Dear Mr. Schmidt: OCT 3 0 2003 Division of Minerals and Geolon~ This in response to your request for written clarification as to what permitting actions would constitute the need for a Mining Plan Modification. In out meeting of October 28, 2003, with Mr. Henry Barbe of your staff and Ms Sandy Brown and Mr. James Burnell of the Colorado Division of Minerals and Geology, you presented several of the West Elk mine's future permitting plans. The Federal regulations under 30 CFR 746.18 state at "d) Permit revisions constitute mining plan modifications if they meet any of the following criteria: (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; (2) Any change: which would adversely affect the level of protection afforded any land, facility or place designated unsuitable for mining; (3) Any change: in the location or amount of coal to be mined, except where such change is the result of: (i) A minor change in the amount of coal actually available for mining from the amount estimated; or (ii) An incidental boundary change; (4) Any change which would extend coal mining and reclamation operations onto leased Federal coal lands for the first time; United States Department of the Interior (5) Any change which requires the preparation of an environmental impact statement under the National Environmental Policy Act or 1969, 42 U.S.C. 4321 et seq.;