2020-06-25_REVISION - C1981035 (35)

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Environmental Assessment The purpose of SMCRA is to establish a nationwide program to protect society and the environment from adverse effects of surface coal mining operations and to provide for the cooperation between the Secretary of the Interior and the states with respect to the regulation of surface coal mining operations,the acquisition and reclamation of abandoned mines, and for other purposes. SMCRA balances the need to protect the environment from the adverse effects of surface coal mining with the nation's need for coal as an essential energy source. It established coal mining and reclamation standards to ensure that coal mining operations are conducted in an environmentally responsible manner and that the land is adequately reclaimed during and following the mining process. Requirements of SMCRA are codified at 30 CFR Parts 700 to 999. For this action,the BLM is the federal land managing agency that will participate with CDRMS and/or the OSMRE at all stages to determine the post-mining land use,protect non-mineral resources, and require appropriate terms and conditions for surface mining and reclamation within its jurisdiction. The BLM is responsible for monitoring, inspection,and enforcing terms and conditions of the lease and the R2P2 operations. The BLM is also responsible for reviewing and recommending the approval of the R2P2 and ensuring that maximum economic recovery requirements are met. The R2P2 approval is required by OSMRE in its preparation of the MLA mining plan decision document (see 30 CFR Part 746). 1.8.2 State Agencies, Laws and Regulations Colorado's permanent regulatory program that implements the provisions of the SMCRA were codified in the Act and the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining (Colorado Coal Rules). The SMCRA and its implementing regulations, along with the Coal Act and the Colorado Coal Rules,provide the framework under which actual coal mining activities,including surface uses, and their potential effects on the environment are managed. These requirements include protecting water resources,wildlife habitat,air quality,vegetation, and cultural and historic resources, among others. These requirements also include monitoring and mitigation, as well as meeting set standards for returning the land to acceptable uses after mining (termed post-mining land use). CDRMS and the OSMRE, through its oversight of the State program and direct permitting on UMU surface lands, are responsible for compliance and enforcement actions during the life of a mine. CDRMS enforces the performance standards and permit requirements during the mine's operation for site- specific surface coal mining activities and has primacy in environmental emergencies. The OSMRE retains oversight responsibility of this enforcement. CDRMS conducts frequent inspections of operations for compliance with permits for individual mines and the Coal Act and Colorado Coal Rules. BLM is responsible for underground inspections of the federal coal reserve. Generally,mine permits in Colorado have a term of 5 years,but the permit is not necessarily static during this term. Mine operators work closely with the OSMRE and CDRMS regulatory agencies to adjust the permit to best meet the performance standards and permit requirements according to the mine's current operating conditions. The mine permit is adjusted through a permit revision and review process, as well as mid-term review of the PAP. For example,the King II Mine has submitted over 20 revisions to the permit since its current permit went into effect in 2009. Another mining permit requirement ensuring reclamation compliance for the King II Mine is a surety bond of more than$900,000 held by CDRMS. DOI-BLM-CO-S010-2011-0074-EA September 2017 -23-