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~~ <br />September 12, 2006 <br />Page 2 of 8 <br />• CAM will work with Western Colorado Community College to develop a training <br />program for miners. <br />Other Permits -See Attachment 3 <br />• Jim Stover discussed the mining plan that must be approved by the Office of Surface <br />Mining (OSM) and the State Division of Reclamation, Mining and Safety. Ron Singh <br />(OSM) added that the mining plan needs to be approved by the Asst. Secretary for <br />Lands and Minerals Management and that it would address NEPA compliance, <br />compliance with the National Historic Preservation Act and the Endangered Species <br />Act, and an approved Resource Recovery and Protection Plan (R2P2). The key to the <br />application is the Reclamation Plan approved by the State. <br />• Dan Mathews (State Division of Reclamation, Mining, and Safety) said that under the <br />Surface Mining Control and Reclamation Act (SMCRA), the state has primacy to <br />regulate coal mining and the state issues a mining and reclamation permit. The state <br />will present the plan to the public for comment and will require a reclamation bond <br />for the state to complete all reclamation required by the mining-related disturbance. <br />• The Secretazy of the Interior (delegated) must approve a mining plan for all leased <br />federal coal. If this EIS examines potential impacts for areas that will be leased in the <br />future, OSM, as a cooperating agency, would not have to conduct additional NEPA <br />compliance. ~' <br />• For Section 404 permitting, Mark Gilfillan (Corps of Engineers) said that the USACE <br />is still regulating jurisdictional wetlands and ephemeral drainages as waters of the <br />US. Ronda Sandquist stated that CAM has greatly reduced wetlands impacts with a <br />railroad realignment, and that currently there would be minimal impacts at Mack <br />Wash and with a water intake in Salt Wash. There has been no jurisdictional <br />determination regarding these wetlands. <br />• Regarding the 404(b)(1) requirements for inclusion in the EIS, Mark said that if no <br />individua1404 permits were required, following these requirements would not bean <br />issue in the EIS. However, even with minimal or no jurisdictional wetlands impacts, <br />we still need to consider the impacts to the ephemeral drainages in the azea where the <br />waste rock will be dumped. If there is hydrologic connectivity, it's status quo with <br /> <br />the regulations. Mike Klish stated that there were more than SOO lineaz feet of bed ' <br />and bank ephemeral drainages -Mark said that he would have io get a request for a <br />jurisdictional determination. <br />• Dan Mathews reminded us that the State (Water Quality Division) would also require <br />a permit application fora 401 water quality permit. CAM will need a stormwater <br />management plan during railroad construction. <br />• Regarding water discharge from the mine, Jim Stover said that it was unlikely; that it <br />would be a "dry mine." ~ <br />• Mesa and Garfield counties will require conditional use permits. Kurt Larsen (Mesa <br />County) said that the County Commission would review site plans and hold a public <br />heazing. CAM would need to resolve any code violations prior to receiving the <br />permit. <br />Pete Baier (Mesa County) is concerned with the skewed traffic and railroad crossings <br />- he would prefer to see them at 90 degrees. The county is OK with road upgrades - <br />they would need a maintenance agreement with CAM. CAM may continue to truck '' <br /> <br />