United States Department of the Interior

OFFICE OF SURFACE MINING

RECLAMATION AND ENFORCEMENT
Washington. D.C. 20240

DEC 0 4 2017

MEMORANDUM

To: Katharine S. MacGregor
Deputy Assistant Secretary - Land and Minerals Management,
Exercising the Authority of the Assi; ssistant Secretary - Land and Minerals Management

U.S. Pepartment nb At a

From: nda Wicks Owens
— Director, Exercising the Authority of the Director, Office of Surface Mining
Reclamation and Enforcement
U.S. Department of the Interior

Subject: Recommendation for approval of the proposed mining plan modification for Federal
Leases WY W-0271200 and WYW-0271201 at Western Fuels - Wyoming, Inc.’s Dry
Fork Mine, located in Campbell County, Wyoming

I recommend approval, without special conditions, of this mining plan modification for Federal Leases
WYW-0271200 and WYW-0271201 at Western Fuels - Wyoming, Inc.’s Dry Fork Mine under the

Mineral Leasing Act of 1920, as amended. This mining plan approval supplements all previous approvals
for the Dry Fork Mine.

My recommendation to approve Dry Fork Mine’s Mining Plan Modification is based on:

(1) Western Fuels - Wyoming, Inc.’s complete permit application package (PAP) including the
Resource Recovery and Protection Plan (R2P2);

(2) Compliance with the National Environmental Policy Act of 1969;

(3) Documentation assuring compliance with applicable requirements of other Federal laws,
regulations, and executive orders;

(4) Comments and recommendations or concurrence of other Federal agencies, and the public;

(5) The Bureau of Land Management’s findings and recommendations regarding the R2P2, the
Federal lease requirements, and the Mineral Leasing Act; and,

(6) Findings and recommendations of the Wyoming Department of Environmental Quality, Land
Quality Division regarding the PAP and the State program.

The Secretary may approve a mining plan for Federal leases under 30 U.S.C. §§ 207(c) and 1273(c). In
accordance with 30 CFR Chapter VII, Subchapter D, I find that the proposed mining plan modification is
in compliance with all applicable laws and regulations. The decision document for the proposed mining
plan action is attached.

Attachment


UNITED STATES
DEPARTMENT OF THE INTERIOR

This mining plan approval document is issued by the United States of America to:

Western Fuels-Wyoming, Inc.
3629 N. Gamer Lake Road
Gillette, WY 82716

for a mining plan modification for Federal leases WY W-0271200 and WYW-0271201 at the Dry
Fork Mine. This mining plan approval supplements all previous mining plan approvals for the
Dry Fork Mine. Western Fuels- Wyoming, Inc. is hereinafter referred to as the operator. The
approval is subject to the following conditions.

1.

2.

Statutes and Regulations. This mining plan approval is issued pursuant to Federal Coal
Leases WY W-0271200 and WY W-0271201; the Mineral Leasing Act of 1920, as amended
(30 U.S.C. 181 et seq.); and in the case of acquired lands, the Mineral Leasing Act for
Acquired Lands of 1947, as amended (30 U.S.C. 351 et seq.). This mining plan approval is
subject to all applicable laws and regulations of the Secretary of the Interior which are now
or hereafter in force; and all such laws and regulations are made part hereof. The operator
shall comply with the provisions of the Federal Water Pollution and Control Act (33 U.S.C.
1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and other applicable Federal laws.

This document approves the mining plan modification for Federal leases WY W-0271200 and
WYW-0271201 at the Dry Fork Mine and authorizes coal development or mining operations
on the Federal leases within the area of mining approval. This authorization expands the
approved mining plan area into the following Federal coal lands:

T. 51 N.,R. 71 W., 6th Prime Meridian, Campbell County, Wyoming:

Section 31: E1/2 SW1/4, SE1/4

Section 32: $1/2 SW1/4, NW1/4 SW1/4

These lands in Federal leases WY W-0271200 and WY W-0271201 encompass approximately

364.5 acres and are found on the Gillette East and Moyer Springs (Wyoming) USGS 7.5
minute Quadrangle maps and as shown on the map appended hereto as Attachment A.


3. The operator shall conduct coal development or mining operations only as described in the
complete permit application package, and approved by the Wyoming Department of
Environmental Quality, Land Quality Division, except as otherwise directed in the conditions
of this mining plan approval.

4. The operator shall comply with the terms and conditions of the leases, this mining plan
approval, and the requirements of Wyoming Permit No. 599 issued under the Wyoming State
program, approved pursuant to the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1201 et seq.).

5. This mining plan approval shall be binding on any person conducting coal development or
mining operations under the approved mining plan and shall remain in effect until
superseded, canceled, or withdrawn.

6. If, during mining operations, unidentified prehistoric resources are discovered, the operator
shall ensure that the resources are not disturbed and shall notify the Wyoming Department of
Environmental Quality, Land Quality Division and the Office of Surface Mining
Reclamation and Enforcement (OSMRE). The operator shall take such actions as are
required by the Wyoming Department of Environmental Quality, Land Quality Division in
coordination with OSMRE.

7. The Secretary retains jurisdiction to modify or cancel this approval, as required, on the basis
of further consultation with the U.S. Fish and Wildlife Service pursuant to section 7 of the
Endangered Species Act, as amended, 16 U.S.C. 1531 et seq.

(0.4. 20¢

itharine S. MacGregor Date
Deputy Assistant Secretary,
Land and Minerals Management
Exercising the Authority of the Assistant Secretary,
Land and Minerals Management

U.S. Department of the Interior

Attachment