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Coa/Methane Dmina,Qe Projer!- Paxek 1G24 Wett Elk Mine • Pape 1-1 J • No Surface Occupancy Stipulation, High Geologic Hazards - No surface occupancy or use is allowed in azeas having high geologic hazards • No Surface Occupancy Stipulation, Wetlands/Floodplains/Riparian Areas - No surface occupancy or use is allowed on lands defined (in the stipulation) as a wetland, floodplain, or riparian azea Federal coal lessees may request the Forest Officer to authorize the BLM to modify (permanently change), waive (permanently remove), or grant an exception (case by case exemption) to a stipulation that was included in the lease at the direction of the USFS. Modifications, waivers, and exceptions maybe authorized provided: 1) The action would be consistent with Federal laws and the Forest Plan 2) The action is acceptable based on environmental review 3) The management objectives can be met without the stipulation's restrictions because the resource conditions have changed of because of the nature, location, timing, or design of the proposed action The proposed action would require waivers, exceptions or modifications to the existing lease stipulations in order to be accomplished. This EA considers the effects of granting exceptions to lease stipulations. Waivers and modifications of stipulations aze not proposed or considered. The Surface Mining Control and Reclamation Act of 1977 (SMCRA) establishes requirements for planning, permitting, and monitoring compliance with specific operation and reclamation requirements for surface disturbance associated with surface and underground coal mining operations. SMCRA states that surface coal mining operations may be permitted on National Forest System lands if the Secretary finds that there are no signi&cant recreational, timber, economic, of other values which may be incompatible with such surface mining operations. The Decision Notice for this EA will include a statement of finding concerning compatibility of the selected action with other resource values in the project area. The authority to-make resource allocations decision concerning this proposed action has been delegated from the Secretary to the Forest Service Chief, and then to the Regional Forester of the Rocky Mountain Region (FSM 1925.046 section lc and Id). 1.5.2 State Mining Laws Most of the project azea lies within the approved CDMG permit azea for the West EIk Mine. A portion of the project area is outside of the existing permit azea. MCC has, however, initiated consultation with and will prepare and submit a permit revision application to the CDMG for This additional area. The CDMG enforces specific performance standards and permit requirements under the state program during the period of mine operation, reclamation, and an extended reclamation liability period and has primary authority in environmental emergencies. The CDMG operates under an Office of Surface Mining (OSM) approved permanent program for administering coal mining operations in the State of Colorado. The performance standazds for drilling, surface disturbance, toad construction, mitigation and monitoring, and reclamation administered by CDMG are pazt of the Colorado Surface Coal Mining Reclamation Act regulations, which aze based on requirements in Title 30 CFR Chapter VII, Part 816. The CDMG is responsible for ongoing permit compliance, including inspection and enforcement requirements, during the mine's operation. OSM retains oversight responsibility for state compliance and enforcement activities. Encv~xxmenta/.9ireilmcx! I W.IEP/A1meu GfG/E.~/O^/r ~///a?E~ UhY f/f/03 tlv