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esa County ^ Conditional Use Permit <br /> ^ Surface Alteration Permit <br /> ^ Utility Permit <br />Garfield County ^Conditional Use Permit <br />The USACE is a cooperating agency because they would need to issue a Section 404 permit due <br />to impacts to wetlands and waters of the U.S. This EIS has been prepared to be consistent with <br />the requirements of Section 404(6)(1) of the Clean Water Act and 40 CFR Part 230 and 33 CFR <br />Part 325, Appendix B. The USACE, in accordance with their regulations, would issue a Section <br />404 permit for the alternative that would have the least adverse impact on the aquatic ecosystem <br />so long as the alternative does not have other significant environmental consequences (40 CFR <br />230.10(a)). The Section 404(6)(1) guidelines term this the LEDPA. The USACE would not be <br />issuing any permits regarding coal leasing. <br />The Surface Mining Control and Reclamation Act (SMCRA), gives OSM primary responsibility <br />to administer programs that regulate surface coal mining operations on federal lands and the <br />surface effects of underground coal mining operations on federal lands. Pursuant to Section 503 <br />of SMCRA, the Colorado Division of Mining and Geology (now CDRMS) developed, and the <br />Secretary of the Department of the Interior approved, a permanent program authorizing CDRMS <br />to regulate surface coal mining operations and surface effects of underground coal mining on <br />non-federal lands within the state of Colorado. In September of 1982, pursuant to Section 523(c) <br />of SMCRA, CDRMS entered into a cooperative agreement with the Secretary of the Department <br />of the Interior authorizing CDRMS to regulate surface coal mining operations and the surface <br />effects of underground mining on federal lands within the state of Colorado. <br />Pursuant to this cooperative agreement between OSM and CDRMS, federal coal lease holders in <br />Colorado must submit permit applications to both OSM and CDRMS for proposed mining and <br />reclamation operations on lands in the state of Colorado. CDRMS will review the permit <br />application packages to ensure that the permit application complies with their permitting <br />requirements and that the coal mining operation will meet the approved permanent regulatory <br />program's performance standazds. If the permit application package complies with the <br />applicable regulations and performance standazds, CDRMS would be issuing a Mining and <br />Reclamation Permit and OSM would prepare a Mining Plan Decision Document for approval, <br />disapproval, or conditional approval of the mining plan. <br />The public has the opportunity to provide comments to CDRMS and request an informal <br />conference or a public hearing on each permit application package. These opportunities for <br />comment are published as legal notices in a local newspaper of general circulation. <br />Mesa and Garfield counties would be issuing conditional use permits, and Mesa County would <br />also issue a Surface Alteration Permit and a Utility Permit. Prior to issuing aright-of--way grant <br />and permit, BLM would comply with Section 7 of the Endangered Species Act, entailing <br />coordination with the U.S. Fish and Wildlife Service (USFWS). Additionally BLM would <br />6 <br />