GENERAL46211

• Permit No: C1980007
• IBM Index Class Name: General Documents
• Doc Date: 3/25/2005
• Doc Name: Draft EIS Dry Fork Lease
• From: US Forest Service
• To: DMG
• Permit Index Doc Type: Other Permits
• Media Type: D
• Archive: No

Purpose and Need
application package to the USDI Office of Surface
Mining Reclamation and Enforcement and the
CDMG before any mining could occur on the lease
tract.
The Surface Mining Control and Reclamation Act
of 1977 (SMCRA), as amended, gives the USDI
OSM primary responsibility to administer programs
that regulate surface coal mining operations and
surface effects of underground coal mining
operations in the United States. Pursuant to Section
503 of SMCRA, the CDMG developed and the
Secretary of the Interior approved Colorado's
permanent regulatory program authorizing
Colorado to regulate surface coal mining operations
and the surface effects of underground coal mining
on private and state lands within the state. In
September 1982, pursuant to Section 523(c) of the
SMCRA, Colorado entered into a cooperative
agreement with the Secretary of the Interior
authorizing Colorado to regulate surface coal
mining operations and the surface effects of
underground coal mining on Federal lands within
the state.
Pursuant to the cooperative agreement, Federal coal
lease holders in Colorado must submit a permit
application package to the USDI Office of Surface
Mining Reclamation and Enforcement and CDMG
for proposed mining and reclamation operations on
Federal lands in the state. Colorado Division of
Minerals and Geology reviews the package to
ensure that the permit application complies with
permitting requirements and that the coal mining
operation will meet the approved permanent
program's performance standards. If it does
comply, CDMG issues the applicant a permit to
conduct coal mining operations. USDI OSM,
BLM, and other Federal agencies, including the
Forest Service (if National Forest lands are
involved), review the permit application package to
ensure that it contains the necessary information for
compliance with the coal lease; the Mineral Leasing
Act of 1920, as amended; NEPA; and other
applicable Federal laws and their attendant
regulations. The USDI OSM recommends
approval, approval with conditions, or disapproval
of the Mineral Leasing Act mining plan to the
Assistant Secretary of the Interior, Land and
Minerals Management. Before the mining plan can
be approved, the USDI OSM obtains input from
Chapter 1
BLM and the surface managing agency {if other
than BLM).
CDMG enforces the performance standards and
permit requirements during the mine's operation
and has primary authority in environmental
emergencies. USDA Office of Surface Mining
Reclamation and Enforcement retains oversight
responsibility for this enforcement. BLM and the
surface management agency (in this case the Forest
Service) have authority in emergency situations in
which CDMG or OSM inspectors cannot act before
environmental harm or damage occurs.
As part of the CDMG permitting process, a new
mining operations plan or an amendment to an
existing plan would be developed to show how
Lands in the ]ease tract would be mined and
reclaimed. Specific impacts that would occur during
mining would be addressed in the permit or
revision, and specific measures for anticipated
impacts would be identified at that time.
The Multiple-Use Sustained Yield Act of 1960
declared that NFS lands are to be administered for
outdoor recreation, range, timber, watershed and
wildlife and fish purposes, but also expressly
provides that the Act shall not be construed to affect
the use or administration of mineral resources on
NFS lands.
The Mining and Minerals Policy Act of 1970 states
in part that it is the "continuing policy of the
Federal government in the national interest to foster
and encourage private enterprise in the development
of economically sound and stable domestic mining
minerals and mineral reclamation industries, ...
(and) the orderly and economic development of
domestic mineral resources..."
The Forest Service administers i[s mineral program
(Forest Service Manual 2800 ZERO Code - WO
Amendment 2800-91-1 Page 3) to:
Encourage and facilitate the orderly
exploration, development, and production of
mineral and energy resources within the NFS
in order to maintain a viable, healthy minerals
industry and to promote self-sufficiency in
those mineral and energy resources necessary
for economic growth and national defense;
1-4 Dry Fork Lease-By-Application DENS