2008-02-22_APPLICATION CORRESPONDENCE - C2008086 (45)

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CHAPTERONE Purpose and Need CDRMS would issue a Mining and Reclamation Permit and OSM would prepare a Mining Plan Decision Document for the Assistant Secretary for Land and Minerals Management recommending approval, disapproval, or conditional approval of the mining plan. The public has the opportunity to provide comments to CDRMS and request an informal conference or a public hearing on each permit application package. These opportunities for comment are published as legal notices in a local newspaper of general circulation. Mesa and Garfield counties would be issuing conditional use permits, and Mesa County would also issue a Surface Alteration Permit and a Utility Permit. Prior to issuing a ROW grant and permit, BLM would comply with Section 7 of the Endangered Species Act entailing coordination with the U. S. Fish and Wildlife Service (USFWS). Additionally, BLM would comply with Section 106 of the National Historic Preservation Act; coordinating with the Colorado State Historic Preservation Officer (SHPO) and appropriate Indian tribes. CAM must also obtain permits or license agreements from other federal and state agencies including: U. S. Bureau of Reclamation (BOR) - A License Agreement is required to cross BOR land and the Highline Canal with the railroad and other facilities. BOR has on-the-ground jurisdiction over public lands withdrawn for authorized water control purposes; however, BLM has the opportunity, through a Memorandum of Understanding (MOU) with BOR, to allow for other uses on the ROW lands as long as the primary water purposes are not adversely impacted (BLM 2004). • The Colorado Public Utilities Commission (PUC) -Requires permits for railroad crossings of SH 13 9, CR M 8, and CR 10. • Colorado Department of Transportation (CDOT) -Requires an Access Permit for the intersection of CR X and SH 139, and a Construction and Maintenance Agreement for the SH 139 underpass crossing of the railroad. • Colorado Department of Public Health and Environment (CDPHE) -Water Quality Control Division requires a Discharge Permit, 401 Water Quality Permit; and approves the Wastewater Treatment Plant and a Stormwater Management Plan. • CDPHE -Air Pollution Control Division requires a Construction Permit. Permit applications and issuance are and will be in compliance with the appropriate sections of the following federal regulations: • 43 CFR Parts 2800-2808, and subpart 2920 -Leases, Permits, and Rights-of--way • 43 CFR Parts 3400 and 3480 - Leases/permits for recovery of coal deposits 1.7 SUMMARY BLM's objective is to promote the timely and orderly development of publicly owned coal resources, in cooperation and coordination with public, state, and local governments; Indian tribes; and involved federal agencies and to prevent any undue and unnecessary degradation to the environment. Based on the results of the analysis in the EIS, the BLM will select a preferred alternative and document the decision in a ROD. If a development alternative is selected, the 1-13