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MEMORANDUM OF UNDERSTANDING <br />between <br />U.S. DEPARTMENT OF THE INTERIOR, <br />BUREAU OF LAND MANAGEMENT <br />and <br />U.S. DEPARTMENT OF THE INTERIOR, <br />OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT <br />and <br />COLORADO DIVISION OF NATURAL RESOURCES <br />for the <br />PREPARATION OF AN ENVIRONMENTAL ASSESSMENT <br />KING II COAL MINE PROJECT <br />I. INTRODUCTION <br />The Bureau of Land Management (BLM) and the Office of Surface Mining Reclamation and <br />Enforcement (OSMRE) are Joint -Lead Agencies for the purpose of preparing an Environmental <br />Assessment for the proposed Federal action involving the King II Coal Mine located in La Plata <br />County, Colorado. Analysis of the proposed GCC coal Lease by Application (LBA) and <br />associated federal action proposal involving the federal mine permit for the King II coal mine <br />(Project) would be in accordance with the National Environmental Policy Act (NEPA) <br />regulations. As Joint -Lead Agencies, BLM and OSMRE will participate in the preparation of <br />NEPA documentation for the Project. The Project has been proposed by GCC Energy, LLC <br />(Company).As the Joint Lead Agencies recognize that the Colorado Division of Natural <br />Resources (CDNR) possesses both jurisdiction by law and special expertise related to this <br />Project (as defined at 40 CFR 1508.15 and 1508.26), this Memorandum of Understanding <br />(MOU) establishes a Cooperating Agency relationship between the Joint -Lead Agencies and the <br />CDNR (collectively referred to as the Parties) to participate in the preparation of the EA. <br />This MOU describes the roles and responsibilities agreed to by the Parties. The Cooperating <br />Agency relationship established through this MOU shall be governed by all applicable statutes, <br />regulations, and policies, including Council on Environmental Quality (CEQ) National <br />Environmental Policy Act (NEPA) regulations at 40 Code of Federal Regulations (CFR) 1501.2, <br />1501.6, and 1501.8, BLM planning regulations (in particular, 43 CFR 1601.0-5, 1610.3-1, and <br />1610.4), and Department of the Interior Manual 516 DM 2.5. <br />GCC Coal Lease EA 1 I Page <br />CDNR Cooperating Agency Memorandum of Understanding <br />