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This permit t nation is categorically exclu~ from the National Eavironmental~icy Act (NEPA) process because the Federal permit and mining plan approval were previously covered by the NEPA process (i.e. OSMRE's Environmental Assessment and Finding of No Significant Impact dated April 20, 1982) - II. Background The King underground coal mine is located in La Plata County, Colorado, about 7 miles southwest of Hesperus. The Colorado State permit area contains approximately 340 acres, approximately all acres of which are leased Federal coal in the mining plan area for Federal leases C-29125 and P-058300. The King mine mining plan was originally approved under the Federal lands program on May 20, 1982, and the mine was permitted by OSlIIZE under the Federal lands program and Colorado State program on June 30, 1982. Since the original approval of the mining plan, there have been no mining plan modifications. OSMRE's Albuquerque Field Office was consulted on November 10, 1988 and has indicated that no pending enforcement actions are associated with the Federal permit for the King mine. Tne Federal permit contained 2 special conditions of approval. Special Condition 1 required monitoring of a well. The permittee subsequently revised the permit application to include the monitoring as required by the condition; thus the condition is no longer needed CSee State's fundings of compliance dated July 9, 1987). Special Condition 2 reouired submittal of mass balance information pertaining to reclamation of surface facilities area. The information ~:as submitted and the condition was satisfied (See State's findings of compliance dated July 9, 1987). The standard conditions of the existing mining plan approval are appended to this memorandum as Attachment A. There are no remaining special conditions of approval of the mining plan. III. Approval: I approve the termination of federal permit CO-0043, issued on June 30, 1982, for the King mine. Tne applicable standard conditions of the mining plan approved by the Assistant Secretary on May 20, 1982, are appended as Attac"nment A and remain in full force and effect notwithstanding this permit termination approval. ~ Chief, Fed~r31 Programs"Di"vision Western Field Operations Office of Surface Mining Reclamation and Enforcement /~~ Da e