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iii iuiiiiiuiu iii <br />STATE OF COLORADO <br />Roy Romer, Governor <br />~. <br />~~.~: <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />FRED R. BANTA, Dlreetor <br />DATE: October 10, 1989 <br />T0: Mike Long ,. <br />1`i <br />FROM: Mike Savage and Dan Mathews /~~j ~ J,~~; <br />RE: BLM Draft Environmental Assessment for Blue Flame Coal Company <br />Competitive Lease Application C-49465 <br />Dan received the above draft Environmental Assessment and Maximum Economic <br />Recovery Report and had the following comments. <br />In Section I. under Authorizing Actions and Aaencv Involvement BLM identified <br />MLRD as the primary permit app 1catlon pac age reviewer an enforcement <br />agency. Depending on the outcome of investigations regarding jurisdiction on <br />Indian Lands, BLM may wish to revise this section if OSMRE is determined to be <br />the regulatory agency. <br />In Section II Alternative 1. BLM states, "If Blue Flame were the successful <br />bidder there would be considerable impact to the National King Coal <br />operation. Denied the additional reserves contained within the Hay Gulch <br />Tract the King Mine would be forced to discontinue mining within the next 2 to <br />3 years." This statement is not entirely correct. King Coal has secured one <br />State Coal Lease in Hay Gulch and has applied for another, King Coal also 11as <br />an application in review fora mine approximately 6 miles east of Hay Gulch. <br />While the loss of the federal coal would cause Kina Coal to reorient their <br />operations and mine other leases, it is not accurate to conclude mining would <br />be discontinued. <br />In Section IV Alternative 1, the text should be modified to reflect that <br />Rules 2.05.6 and 4.20 require that "underground mining activities shall be <br />planned and conducted so as to prevent subsidence from causing material damage <br />[emphasis added] to the surface..." Material damage is define 1n u e <br />with respect to subsidence as changes which prevent restoration of affected <br />structures and with respect to renewable resource lands; changes which disrupt <br />an aquifer, or a recharge area to an aquifer, which serves as a beneficial use <br />of water; or chances which prevent restoration of productivity for <br />agricultural lands. <br />If you have any questions please contact us. <br />0330E/sca <br />215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 <br />