2008-06-12_GENERAL DOCUMENTS - C1980007 ‎(3)‎

• Permit No: C1980007
• IBM Index Class Name: General Documents
• Doc Date: 6/12/2008
• Doc Name: Mining Plan Decision Document COC-67232
• From: OSM
• Permit Index Doc Type: Other Permits
• Email Name: TAK
• Media Type: D
• Archive: No

• Appendix A
Leasing Process, Authonzin`u Acts and Relevant Policies. Plans and Programs
In order for a mining compam to access federal coal reserves. the company must apply to lease
the Federal lands for development of the coal resource. An application is submitted to the BLM,
who administers the federal mineral estate on all Federal lands. BLM initiates the lease
consideration process, which ensures that a NEPA analysis is completed. BLM directives
indicate the need to offer federal coal in quantities responsive to market conditions, and assure
maximum economic recovery of mineable Federal coal reserves. BLM cooperates with the
surface manauement agency, which, by agreement, may take the lead on the National
Environrnental Policy Act (NEPA) analysis.
This Federal coal lease application (the Dry Fork LBA tract) is being processed under the
authority of the Mineral Leasing act of 1920, as amended by the Federal Coal Leasing
Amendments Act of 1975, and implementing regulations at 43 CFR 3425, Lease-on-Application.
The BLM has the mineral leasing authority, and since the Dry Fork LBA tract contains National
Forest System (NFS) lands, the Forest Service is the surface management agency. Their- consent
is required before a lease can be offered by the BLM. The Forest Service must also prescribe
conditions for the protection of non-coal resources. The Forest Service will develop terms,
conditions and stipulations that will be attached to the coal lease, should it be offered for sale, to
. ensure protection of non-coal resources.
If the Dry Fork LBA tract is leased, it will be done under a competitive bid at a lease sale.
Granting the lease would yuive the successful bidder (the lessee) exclusive rights to mine the coal,
but does not authorize actual mining or surface disturbing activities. This EIS considers the
potential environmental impacts associated with leasing these lands for underground coal
development. A Reasonably Foreseeable Mine Plan (RFN/IP), a conceptual mine plan. was
developed by MCC to aid in assessing potential impacts. The RFMP is described in Section
1.8.1 Reasonably Foreseeable Mine Plan. The RFMP also includes foreseeable uses of the
surface lands within the lease tract boundaries for use in the cumulative impacts discussion.
If the Dry Fork LBA tract were issued, the lessee or operator would be required to submit a
permit application package to the USDI Office of Surface Mining Reclamation and Enforcement,
and the Colorado Division of Minerals and GeoloS,ry before anv mining could occur on, the lease
tract.
The Surface Minims,, Control and Reclamation Act of 1977. as amended naives the USDI Office of
Surface Mining P.eclamation and Enforcement primary responsibility to administer programs
that regulate surface coal mining operations and the surface effects of underground coal mining
operations in the United States. Pursuant to Section 503, of Surface Mining Control and
Reclamation Act, the Colorado Division of lMinerals and Geoiogy de-,,,eloped. and the Secretary
ofthe Interior appro-,?ed. Colorado's permanent regulatory program authorizing= Colorado to
regulate surface coal mining operations and the surface effects of underground coal mining on
pri,, ate and state :ands within the state. In September 1 9R?. pursuant to Section (c) of the