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<br />Chapter 1
<br />subsidence monitoring, water resources
<br />and the Standard Notice for Lands Under
<br />the Jurisdiction of the USDA; and
<br />• The modification was issued with a lease
<br />notice regarding the RACR of 2001.
<br />Lease COC-56447
<br />• 1995 issue date;
<br />• Modified with 160-acre extension in
<br />October 20013;
<br />• 2,919 acres total (including modification3),
<br />all within. the West Elk IRA;
<br />• Lease issued with protections for non-
<br />tnineral resources (i.e. stipulations) for big
<br />game winter range, moderate and steep
<br />slopes, geologic hazards, riparian areas,
<br />subsidence monitoring, water resources,
<br />and the Standard Notice for Lands Under
<br />the Jurisdiction of the USDA; and
<br />• The modification was issued with a lease
<br />notice regarding the RACR of 2001.
<br />Lease COC-67232
<br />• March 1St, 2007 effective date;
<br />• 1,517 acres, 620 within the West Elk IRA;
<br />and
<br />Lease to be issued with protections for
<br />non-mineral resources (i.e. stipulations)
<br />for wildlife or their habitats (lynx, big
<br />game, threatened and endangered species,
<br />raptors, breeding birds) riparian areas,
<br />geologic hazards and erosion potential,
<br />steep slopes, water sources, and existing
<br />facilities, Standard Notice for Lands
<br />Under the Jurisdiction of the USDA, and a
<br />lease notice pertaining to IRAs.
<br />Surface uses on federal coal leases are also
<br />governed by the Surface Mining Control and
<br />Reclamation Act of 1977 (SMCRA), which
<br />establishes requirements for planning,
<br />permitting, and monitoring compliance with
<br />specific operations, and reclamation
<br />requirements for surface disturbance associated
<br />with surface and underground coal mining
<br />operations. In Colorado, the Colorado DRMS
<br />enforces specific performance standards and
<br />permit requirements under the State program
<br />during the period of mine operation,
<br />reclamation, and an extended reclamation
<br />liability period, and has primary authority in
<br />environmental emergencies. The DRMS
<br />operates under an OfEce of Surface Mining
<br />Reclamation and Enforcement OSM-approved
<br />permanent program for administering coal
<br />mining operations in the State of Colorado. The
<br />performance standards for drilling, surface
<br />disturbance, road construction, mitigation and
<br />monitoring, and reclamation administered by
<br />DRMS are part of the Colorado Surface Coal
<br />Mining Reclamation Act (CRS 34-33-101) and
<br />attendant regulations, which are based on
<br />requirements in Title 30 CFR Chapter VII,
<br />Parts 816 and 817. The implementing Federal
<br />and State regulations give the Federal land
<br />management agency, or surface managing
<br />agency (FLMA or SMA, in this case the Forest
<br />Service) responsibility to determine the post-
<br />mining use of the land, protection of non-
<br />tnineral resources, require appropriate
<br />conditions to regulate surface use and
<br />reclamation, and review and concur with coal
<br />mining permit applications and revisions
<br />(30CFR 740.4(e)). Colorado's approved federal
<br />coal program procedures include at all points in
<br />the mine permitting process, a role for the
<br />federal land management agency to review an
<br />applicant's submittal to ensure that it provides
<br />for post-mining land use consistent with the
<br />land use plan and has adequate protections for
<br />Federal resources (30 CFR Part 906, Appendix
<br />A). The FLMA/SMA's review and concurrence
<br />role includes the responsibility to ensure that it
<br />contains the necessary information for
<br />compliance with the coal lease, NEPA, and
<br />other applicable federal laws.
<br />The proposed project lies within the approved
<br />DRMS permit area for the West Elk Mine. The
<br />DRMS is responsible for ongoing permit
<br />compliance, including inspection and
<br />enforcement requirements, during the mine's
<br />operation. OSM retains oversight responsibility
<br />for state compliance and enforcement activities.
<br />Federal coal leaseholders in Colorado must
<br />hold aState-approved mining permit before
<br />mining and reclamation operations on Federal
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<br />6 Deer Creek Ventilation Shaft and E Seatn Methane Drainage Wells FEIS
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