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federal lands. Pursuant to Section 503 of SMCRA, the Colorado <br />• Division of Minerals and Geology (DMG) developed, and the <br />Secretary of the Interior approved, a permanent program <br />authorizing Colorado DMG to regulate surface coal mining <br />operations and surface effects of underground coal mining on <br />non-federal lands within the State of Colorado. In September <br />1982, pursuant to Section 523(c) of SMCRA, Colorado DMG <br />entered into a cooperative agreement with the Secretary of the <br />Interior authorizing Colorado DMG to regulate surface coal <br />mining operations and surface effects of underground mining on <br />federal lands within the state. <br /> Pursuant to the cooperative agreement, federal coal lease <br /> holders in Colorado must submit permit application packages to <br /> OSM and Colorado DMG for proposed mining and reclamation <br />{ operations on federal lands in the State. Colorado DMG <br /> reviews the packages to ensure that the permit application <br /> complies with the permitting requirements and that the coal <br /> mining operation will meet the approved permanent program's <br /> performance standards. If it does comply, Colorado DMG issues <br /> the lessee a permit to conduct coal mining operations. OSM, <br /> BLM, and other federal agencies review the permit application <br /> package Co ensure that it complies with the terms of the coal <br /> lease; the requirements of the Mineral Leasing Act of 1920 <br /> (MLA); the National Environmental Policy Act of 1969; and <br /> other federal laws and their attendant regulations. OSM <br />• recommends approval, approval with conditions, or disapproval <br /> of the mining plan required by the MLA to the Assistant <br /> Secretary - Land and Minerals Management. Before the mining <br /> plan can be approved, BLM and the surface-managing agency (if <br /> other than BLM) concur with this recommendation. <br />Colorado DMG enforces the performance standards and permit <br />requirements during the mine's operation and has primary <br />authority in environmental emergencies. OSM retains oversight <br />responsibility for this enforcement. BLM has authority in <br />those emergency situations where Colorado DMG or OSM <br />inspectors cannot act before environmental harm or damage <br />occurs. <br />Background <br />The Hay Gulch area has historically been a coal producing <br />area. Numerous abandoned mines exist throughout the Ha_~ Gulch <br />drainage. However, except for the King Coal mine, there are <br />currently no active coal mining operations in the Hay Gulch <br />area or in LaPlata County. <br />_~ <br />3 <br />