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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 <br />• <br />_~ <br />• <br />• <br />6 Deer Creek Ventilation Shaft and E Seatn Methane Drainage Wells FEIS <br />