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Coal Methane Drainage Project - Panek 16-24 Wut E!k Mine • Aage 1-11 <br />• No Surface Occupancy Stipulation, High Geologic Hazards - No surface occupancy or use is <br />allowed in areas having high geologic hazards <br />• No Surface Occupancy Stipulation, Wetlands/Floodplains/Riparian Areas - No surface <br />occupancy or use is allowed on lands defined (in the stipulation) as a wetland, floodplain, or <br />riparian area <br />Federal coal lessees may request the Forest Officer to authorize the BLM to modify (permanently <br />change), waive (permanently remove), or grant an exception (case by case exemption) to a stipulation <br />that was included in the lease at the direction of the USFS. Modifications, waivers, and exceptions <br />may be authorized provided: <br />1) The action would be consistent with Federal laws and the Forest Plan <br />2) The action is acceptable based on environmental review <br />3) The management objectives can be met without the stipulation's restrictions because the <br />resource conditions have changed or because of the nature, location, timing, or design of the <br />proposed action <br />The proposed action would require waivers, exceptions or modifications to the existing lease <br />' stipulations in order to be accomplished. This EA considers the effects of granting exceptions to <br />lease stipulations. Waivers and modifications of stipulations are not proposed or considered. <br />' The Surface Mining Control and Reclamation Act of 1977 (SMCRA) establishes requirements for <br />planning, permitting, and monitoring compliance with specific operation and redamation <br />requirements for surface disturbance associated with surface and underground coal mining <br />operations. SMCRA states that surface coal Honing operations may be permitted on National Forest <br />' System lands if the Secretary finds that there are no significant recreational, timber, economic, or <br />other values which may be incompatible with such surface mining operations. The Decision Notice <br />for this EA will include a statement of finding concerning compatibility of the selected action with <br />' other resotrce values in the project area. The authority to -make resource allocations decision <br />concerning this proposed action has been delegated from the Secretary to the Forest Service Chief, <br />and then to the Regional Forester of the Rocky Mountain Region (FSM 1925.04b section lc and ld). <br />1.5.2 State Mining Laws <br />Most of the project azea lies within the approved CDMG permit azea for the West Elk Mine. A <br />portion of the project azea is outside of the existing permit area. MCC has, however, initiated <br />consultation with and will prepare and submit a permit revision apphcation to the CDMG for this <br />additional area. The CDMG enforces specific performance standards and permit requirements under <br />the state program during the period of mine operation, reclamation, and an extended reclamation <br />liability period and has primary authority in environmental emergencies. The CDMG operates under <br />an Office of Surface Mining (OSM) approved permanent program for administering coal mining <br />operations v1 the State of Colorado. The performance standards for drilling, surface disturbance, <br />road construction, mitigation and monitoring, and reclamation adnunistered by CDMG aze pazt of <br />the Colorado Surface Coal Mining Reclamation Act regulations, which are based on requirements in <br />Title 30 CFR Chapter VII, Part 816. <br />The CDMG is responsible for ongoing permit compliance, including inspection and enforcement <br />requirements, during the mine's operation. OSM retains oversight responsibility for state compliance <br />and enforcement activities. <br />i/i101A <br />Environmental Atntrmem <br />