2020-06-25_REVISION - C1981035 (35)

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Environmental Assessment Comments Office of Surface Mining Reclamation and Enforcement Response The commenter noted that since the The responder confirms that the last NEPA document prepared last EA was conducted in 2001, coal for the King Coal Mine was completed in 2001. Two proposed production at the King mine has federal actions by BLM(this lease modification and proposed increased from 300,000 tons per year exploration wells)trigger NEPA, and OSMRE is a cooperating to 1.3 million tons per year. agency on the EA for the lease modification because it relates to Commenter stated that CDRMS has the mine permit. been remiss in its responsibilities to As required under SMCRA,when a state develops a regulatory require updated environmental program that meets SMCRA requirements,it becomes the assessment prior to issuing a permit. primary regulatory and OSMRE assumes an oversight role. In Commenter requested OSMRE take Colorado, CDRMS has "primacy"with regard to coal mine a stronger lead and make CDRMS permitting, inspection, and enforcement activities, and OSMRE more accountable. conducts oversight. However, OSMRE remains the primary regulator of coal mining operations on tribal lands and holds primary regulatory responsibility for that part of the King Coal Mine. The commenter states that GCC is Previous experience mining is not a prerequisite for obtaining a not a seasoned coal mine operator permit under Colorado's coal regulatory program. GCC must and doesn't have experience in comply with all requirements of the regulatory program or risk reclamation and hydrology to receiving enforcement actions from CDRMS. Although GCC monitor for damage to adjacent land. may not have experience implementing hydrologic monitoring Commenter raises concern about programs,water quality testing procedures for the King Coal exposed waste and tailings piles from Mine were developed long before GCC acquired the operation King II that are not capped and could and have continued under their tenure. Water samples are be a source of acid or toxic drainage. analyzed by a qualified laboratory. The permiee has approval for temporary coal mine waste storage where waste rock is brought up from the active underground mining area to the vicinity of the permanent waste disposal location. Prior to obtaining approval for this waste disposal area the permiee had to make a demonstration,to the satisfaction of CDRMS,that the material would not adversely affect water quality or flow,vegetation,public health, or stability of the disposal area based on hydrologic,geotechnical,physical, and chemical analysis. Because test results indicated that the materials in the waste piles could not generate acid or toxic leachate, CDRMS does not require special handling or storage practices under Rule 4.05.8.Water may percolate through the waste rock without causing harm to groundwater resources. Surface and groundwater is monitored immediately downgradient from the waste disposal site and any potential negative impacts would be detected. OSMRE is currently reviewing the material sampling analysis to determine if further analysis and monitoring is required. DOI-BLM-CO-S010-2011-0074-EA September 2017 -28-