GENERAL50821

• Permit No: C1980007
• IBM Index Class Name: General Documents
• Doc Date: 3/19/2007
• Doc Name: Draft EIS Deer Creek Shaft/E-Seam MDWs
• From: Forest Service
• To: DRMS
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

of and Need for Action
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 DRMS
operates under an Office of Surface Mining
(OSM)-approved permanent program for
administering coal mining operations in the
State of Colorado. The performance standards
for drilling, surface disturbance, road
construction, mitigation and monitoring, and
reclamation administered by DRMS are part of
the Colorado Surface Coal Mining Reclamation
Act (CRS 34-33-101) and attendant
regulations, which are based on requirements in
Title 30 CFR Chapter VII, Parts 816 and 817.
The implementing Federal and State
regulations give the Federal land management
agency, or surface managing agency (FLMA or
SMA, in this case the Forest Service)
responsibility to determine the post-mining use
of the land, protection of non-mineral
resources, require appropriate conditions to
regulate surface use and reclamation, and
review and concur with coal mining permit
applications and revisions (30CFR 740.4(e)).
Colorado's approved federal coal program
procedures include at all points in the mine
permitting process, a role for the federal land
management agency to review an applicant's
submittal to ensure that it provides for post-
mining land use consistent with the land use
plan and has adequate protections for Federa!
resources (30 CFR Part 906, Appendix A). The
FLMA/SMA's review and concurrence role
includes the responsibility to ensure that it
contains the necessary information for
compliance with the coal lease, NEPA, and
other applicable federal laws.
The proposed project lies within the approved
DRMS permit area for the West Elk Mine, and
in an area in which it is reasonably foreseeable
will be added to the permit area. The DRMS 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.
Federal coal leaseholders in Colorado must
hold a State-approved mining permit before
mining and reclamation operations on Federal
lands in the state. The State regulations provide
for revisions to be made to the existing permits.
The DRMS provides opportunity for public
review of and input on the permit application
package and any revisions and reviews
applications to assure that they comply with
applicable permitting requirements and that the
coal mining operation will meet the approved
state permanent program performance
standards. If it does comply, DRMS issues the
applicant a permit or approves a revision to
conduct coal mining operations. Based on the
proposed projects, MCC will submit a request
for a permit revision to their existing approved
mining permit to the DRMS for review and
approval. DRMS will consider any public
input, this environmental analysis, the Forest
Service Responsible Official's Record of
Decision, and other relevant criteria in their
decision as to whether or not to approve the
permit revision.
Roadless Area Conservation Rule of
2001 (RACR)
On September 19, 2006, Judge Elizabeth D.
Laporte of the United States District Court of
the Northern District of California set aside the
2005 State Petitions Rule and reinstated the
2001 RACK In a clarification, Judge Laporte
stated, "As the Court previously ordered,
federal defendants are enjoined from taking any
further action contrary to the Roadless Rule
without first remedying the legal violations
identified in the Court's opinion of September
20, 2006. Such further actions by the Forest
Service include, but are not limited to,
approving or authorizing any management
activities in inventoried roadless areas that
would be prohibited by the 2001 Roadless Rule
(including the Tongass Amendment), and
issuing or awarding leases or contracts for
projects in inventoried roadless areas that
would be prohibited by the 2001 Roadless
' Deer Creek Ventilation Shaft and E Seam Methane Drainage Wells DEIS 7