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lands portion of the project area and OSM issues the lessee a permit to conduct coal mining <br />operations on the Indian lands portion of the project area. OSM, BLM, and other federal <br />agencies review the permit application package to ensure that it complies with the terms of the <br />coal lease; the requirements of the Mineral Leasing Act of 1920; (MLA); the National <br />Environmental Policy Act of 1969; and other federal laws and their attendant regulations. <br />OSM recommends approval, approval with conditions, or disapproval of the MLA mining plan <br />to the Assistant Secretary - Land and Minerals Management. Before the mining plan can be <br />approved, BLM and the surface -managing agency (if other than BLM) must concur with this <br />recommendation. <br />Colorado DMG and OSM jointly enforce the performance standards and permit requirements <br />during the mine's operation and have joint authority in environmental emergencies. OSM <br />retains oversight responsibility for all enforcement. BLM has authority in those emergency <br />situations where Colorado DMG or OSM inspectors cannot act before environmental harm or <br />damage occurs. <br />Background <br />The Hay Gulch area has historically been a coal producing area. Numerous abandoned mines <br />exist throughout the Hay Gulch drainage. However, except for the King Coal mine, there are <br />currently no active coal mining operations in the Hay Gulch area or in La Plata County. <br />National King Coal currently has approximately 1209 acres under Federal lease, approximately <br />160 acres under State lease, and approximately 541 acres under private lease which afford <br />minable coal reserves to the underground room and pillar operation. All of these lease areas <br />are currently permitted by Colorado DMG. The surface facilities at the mine are located on <br />approximately 11 privately owned acres <br />5 <br />