2020-06-25_REVISION - C1981035 (35)

Home Browse Search

Environmental Assessment subject to standard lease terms,which require operators of leases, as well as leasable mineral permits and licenses,to minimize adverse impacts to air,water,land,visual, cultural, and biological resources. Special lease stipulations are applied to a lease if additional restrictions on the rights of lessees are required to protect environmental resources."This EA addresses site-specific resource conditions and impacts that are not covered within the RMP and would be used to justify special stipulations for the lease modification. 1.8 Relationship to Statutes, Regulations, or Other Plans Detailed in this section are other federal, state, and local statutes, regulations, and plans relevant to King II Mine operations,permitting requirements, and agency oversight. 1.8.1 Federal Agencies This EA incorporates by reference the 1997 USDOI BLM and OSMRE Environmental Assessment CO- 038-97-53 National King Coal, LLC Coal Lease Application East Alkali Tract, COC 62920 and the 2001 USDOI BLM and OSMRE Environmental Assessment CO-SJFO-00-102EA National King Coal, LLC Coal Lease Application East Alkali Tract, COC 62920. Federal law mandates protection of some surface resources that are potentially affected by the development of the Proposed Action. ■ Cultural resources affected by development are protected by the following legislative acts: • Antiquities Act of 1906 (Public Law [PL] 52-209) • NHPA of 1966 (PL 89-665), as amended(PL 52-209),and its regulations (36 CFR 800) • 1971 Executive Order 11593 • Archaeological and Historical Act of 1974 (PL 93-291) • Archaeological Resources Protection Act of 1979 (PL 96-95) and its regulations (36 CFR 296) • American Indian Religious Freedom Act(48 USC 1996) • Native American Graves Protection and Repatriation Act of 1990 Compliance with Section 106 responsibilities of the NHPA are adhered to by following the BLM—Colorado State Historic Preservation Office protocol agreement that is authorized by the National Programmatic Agreement among the BLM,the Advisory Council on Historic Preservation, the National Conference of Council of State Historic Preservation Officers,and other applicable BLM handbooks. ■ Surface water resources are protected by the Federal Water Pollution Control Act(40 CFR 112). The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and other federal regulations are designed to control the releases of hazardous materials into the environment and to direct the responses to accidental spills. DOI-BLM-CO-S010-2011-0074-EA September 2017 -21-