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Environmental Assessment <br /> In addition to permit reviews, King II Mine is subject to regular and unannounced on-site inspections by <br /> CDRMS, MSHA, OSMRE, BLM, and other agencies. CDRMS conducts monthly inspections to ensure <br /> that performance standards and permit conditions are being met. MSHA conducts unannounced <br /> inspections totaling 2 to 3 weeks each quarter. The OSMRE conducts an annual oversight review of all <br /> CDRMS inspections and permit conditions to ensure that performance standards are being met. <br /> In addition to CDRMS permit requirements, other State regulations applied to the King II Mine include <br /> air quality standards,water quality standards, and water rights. Air quality standards in Colorado are <br /> under the jurisdiction of the USEPA and the Colorado Department of Public Health and Environment <br /> (CDPHE). Stationary sources at the King II Mine are regulated by CDPHE with Air Pollution Control <br /> Division(APCD)Permit Number 09LP0202F. <br /> Water quality standards in Colorado are also under the jurisdiction of the USEPA and CDPHE. <br /> Discharges from the sediment pond at the King II Mine are regulated by CDPHE with Water Quality <br /> Control Division Permit Number COG850001. <br /> The Colorado Division of Water Resources (CDWR)is empowered to administer all water rights per the <br /> Appropriation Doctrine (in short,first in time,first in right). Most of this work is done by Division <br /> Offices located in the seven major river basins of the State. These offices employ water commissioners to <br /> ensure the priority system is followed, enforcing the decrees and water laws of the State of Colorado. The <br /> Colorado Ground Water Law of 1957 established the permitting requirement of ground water wells, and, <br /> by 1969, surface and groundwater rights were administered together. The King II Mine holds rights to <br /> several water sources including ownership and lease of senior Class A ditch shares within the La Plata <br /> River watershed. These water rights are administered through the CDWR. <br /> 1.8.3 Local Agencies, Laws and Regulations <br /> The King II Mine is in La Plata County, Colorado. The surface facilities and mine operations, including <br /> use of county roads for coal transport, are regulated by LPC(La Plata County Land Use Code [LPCLUC] <br /> Sec. 82-76, 82-161). Colorado statutes such as the County Planning Code (CRS § 30-28-101 et seq.) and <br /> the Local Government Land Use Control Enabling Act(CRS § 29-20-101 et seq.)independently <br /> authorize LPC to permit the land use, including truck hauling operations on CR 120 for the King II Mine. <br /> The LPCLUC includes standards for compatible development that are applied to the facilities and <br /> operations for the mine. In addition, LPC maintains county road standards based on road characteristics <br /> and traffic levels that determine the requirements for road maintenance and traffic levels on county roads <br /> used by GCC. <br /> In July 2012, GCC submitted a Class 11 Land Use Permit application to LPC for the King 11 Coal <br /> Mine. Since then, LPC has held six neighborhood meetings to solicit citizen feedback(Permit Application <br /> Number Class 112012-0089. La Plata County 2015a). In spring 2015, GCC formed a Citizen Advisory <br /> Panel to determine how to better mitigate the mine's neighborhood impacts and inform GCC's revised <br /> land use permit application to LPC, submitted July 31,2015. Through a series of public hearings, LPC <br /> and GCC negotiated interim mitigation measures to improve public safety until the Board of County <br /> Commissioners takes formal action on the Class II Land Use Permit. <br /> DOI-BLM-CO-S010-2011-0074-EA <br /> September 2017 <br /> -24- <br />