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September 12, 2006 <br />Page 7 of 8 <br />Attachment 3 <br />Red Cliff Mine - Summary of Permits Required <br />In addition to federal approval actions that will be analyzed in the Environmental Impact Statement, <br />several other local and state agencies will be involved in the approval process for various aspects of <br />this complex project. These processes will provide additional opportunities for public involvement a[ <br />the local and State levels. <br />Bureau of Land Management <br />Rieht-of-Way and Land Use Perini[ <br />On public land a BLM right-of-way and a land use permit are required for facilities which aze <br />not on a coal lease. Aright-of-way is needed for linear facilities such as the railroad, access <br />road, water pipeline, etc. Aland use permit is needed for nonlinear facilities such as the waste <br />pile and coal prepazation plant. The EIS will analyze impacts of all these facilities, as well as <br />potential surface impacts (such as subsidence) from additional coal leasing. <br />Coal Leases <br />Though azeas open for coal leasing are identified in the RMP, additional analysis is needed <br />before coal leases can be approved. The impacts of potential future coal leases will be <br />considered in the EIS. BLM can process a lease application for a proposed additional lease area <br />concurrently with the EIS. <br />Exploration License <br />Prior to applying for a coal lease, a company can apply for an exploration license to gather coal <br />resource data by drilling. The exploration license application would be analyzed in an EA <br />separate from the EIS, because the data could be needed for the coal lease application, prior to <br />EIS completion. <br />Resource Recovery and Protection Plan (R2P2) <br />A Resource Recovery and Protection Plan (R2P2) is required for underground mining on federal <br />coal leases. A mining company must hold the coal leases before they can submit the R2P2. <br />BLM reviews the plan and provides a recommendation to the Office of Surface Mining. <br />Colorado Division of Reclamation, Mining and Safety <br />Mining and Reclamation Permit <br />The Colorado Division of Reclamation, Mining and Safety (DBMS) reviews the mine permit <br />application and issues the Mining and Reclamation Permit in conformance with Surface Mining <br />and Reclamation Act requirements. DBMS has primacy on non-federal lands and has authority <br />on federal lands under a cooperative agreement with the Secretary of the Interior. For operations <br />involving ]eased federal coal an additional federal mining plan approval by the Secretary of the <br />Interior is required by the Mineral Leasing Act. <br />U. S. Office of Surface Mining (OSM) <br />OSM prepares a Mining Plan Decision Document and makes a recommendation to the Secretary <br />of the Interior for approval, disapproval, or conditional approval of the Mining Plan for the <br />leased federal coal as required by the Mineral Leasing Act. The Secretarial Approval (dele¢ated <br />to the Assistant Secretary. Land and Minerals Manasementl of the Minine Plan is necessary <br />even though the DBMS has already ¢ranted a permit to mine coal. A Mining Plan decision <br />document is a compilation of the following documents: 1) a DBMS Permit Application analysis <br />and permit findings, 2) compliance with the National Environmental Policy Act, 3) compliance <br />with the National Historic Preservation Act, 4) compliance with the Endangered Species Ac[, 5) <br />recommendations of BLM for approval of R2P2, and 6) compliance with other federal laws and <br />Executive Orders as appropriate. <br />