Preparation of Mining Plan 

Title: 

1. PURPOSE. This directive establishes procedures for use in preparing and processing the mining 

plan decision documents for surface coal mining operations on lands that have leased Federal coal. 

Regulations for the Federal Lands Program at 30 CFR Chapter Vll, Subchapter D require the Office of 

Surface Mining Reclamation and Enforcement (OSM) to prepare mining plan decision documents. 

2. SUMJIJARY OF CHANGES. This directive updates agency policy and procedures fm P'"P'"'''B' 

mining plan decision document under 30 CFR Chapter VII, Subchapter D. This directive replaces REG31,datedJunell, 1993. 

a. All references to the Knoxville Field Office and the Western Support Center are changed to the 

Regional Director (RD). 

b. All references to the Assistant Director, Reclamation and Regulatory Policy (ADIRRP) are 

changed to the Assistant Director, Program Support (AD/PS) 

c. ln section 4.b., responsibility for making sure that OSM properly performs and documents the 

requirements of the lvlineral Leasing Act of 1920 is added to the Director's responsibilities. 

d In section 4.b., responsibility for preparing a memorandum to brief the Director and 

coordinating the Assistant Secretary, Land and Minerals Management (ASLM) approval of the 

mining plan decision document is added to the duties of the AD/PS 

e. In section 4.b., responsibility for deciding whether a new pennit or permit revision requires 

preparation of a mining plan decision document, coordinating the preparation of the mining plan 

decision document with the State regulatory authorities, preparing the National Environmental 

Policy Act (NEPA) compliance documents, and sending the mining plan decision document to the 

AD/PS are added to the RDs' responsibilities. 

f. A provision requiring the RD to send an electronic copy of the Director's transmittal 

memorandum and the mining plan approval document to the AD/PSis added. 
g_ All references to the Branch of Federal and Indian Programs are changed to the 

ADIPS. 

h All references to the Correspondence and Issues Management Staffhave been 

eliminated_ 

i The required contents of the mining plan decision document are modified in several 

places_ Section 4_c_(3)(c) requires the memorandum from the RD to the Director to have 

four major sections. Recommendations, Background, Proposed Action, and Review 

Process. Section 4.c.(3)(f) clarifies that an Environmental Assessment (EA) dealing with 

coal leasing may be used or supplemented to include mining activity to meet NEPA 

requirements. Section 4.c (3)(c) requires that the mining plan decision documents include 

the appropriate detennination of valid existing rights or compatibility for any surface coal 

mining and reclamation operations on Federal lands within the boundaries of areas 

specified in Section 522(a)(l) or (2) of the Surface Mining Control and Reclamation Act 

(SMCRA). 

3_ DEFINITIONS 

a Minj11g Plan The plan for mining leased Federal coal required by the Mineral Leasiug 

Act of 1920, as amended (lviLA). 

b. Mjning Plan Decision Document. The decision document OSM prepares and gives to 

the Secretary of the Interior under 30 CFR 746.13, recommending approval, disapproval, or 

conditional approval of a mining plan_ 

c. Permit Application Packm;e (PAP). A proposal to conduct surface coal mining and 

reclamation operations on Federal lands, including an application fur a permit, permit revision or 

permit renewal. It must contain all the information required by SMCRA, 30 CFR Chapter VII, 

Subchapter D, the appropriate State program, any applicable cooperative agreement and all other 

relevant laws and regulations, including the MLA and its implementing regulations. 

4. pOLICY/PROCEDIJRES_ 

mining 

a_ This directive establishes the policy and procedures for preparing and processing the 

plan decision document required for the Secretary of the Interior's approval, approval with 

conditions, or disapproval of a mining plan or its modification under the MLA The Secretary has 

delegated the responsibility for this decision to ASLM. Althollgh the Bureau of Land 

Management (BLM) is responsible for implementing the MLA, OSM prepares the documentation 

for the ASLM's decision on the mining plan. Operators need two separate approvals to conduct 

coal mining operations on Federal leases: approval ofthe SMCRA permit application by the 

regulatory authority; and approval of the mining plan or its modification by the ASLM. The 

SMCRA penni! approval provides a basis for the mining plan approvaL However, the mining 

2 
plan approval does not reassess the SMCRA permit approval_ 

b. Responsibilities 

( 1) Director 

o ensures that OSM properly performs and documents those delegated 

requirements of the MLA; and 

o signs a memorandum to the ASLM, with his or her recommendation on the 

mining plan decision document. 

(2) Assistant Director, Program Support 

• manages Headquarters's review of the mining plan decision document; 

• prepares a briefing memorandum for the Director summarizing the 

contents of the mining plan decision document; 

o reviews the mining plan decision document for adequacy and accuracy; and 

• manages the process for the ASLM's decision on the mining plan_ 

(3) Regional Director 

• decides whether a new permit or permit revision requires preparation of a 

mining plan decision document; 

• prepares mining plan decision documents for leased Federal coal in the 

States under his or her jurisdiction, 

• coordinates the preparation of the mining plan decision doco.~ment with the 

State regulatory authority; 

• consults with other Federal and State agencies, as appropriate, to identity 

any concerns aboo.~t the mining plan; 

• requests the Solicitor's review of the mining plan decision document; 

• prepares the NEPA compliance documents for decision on the mining plan; 

• signs the transmittal memorandum to the Director that contains the 

recommendation on the mining plan decision document; and 

3 

-------
Director's transmittal 

• 

memorandum 

sends the mining plan decision document and the electronic copy of the 

to the ADfPS_ 

c. Procedures for Preparjlll: and Prccer,sing a Milling Plan Decision Document. 

(1) preparation and Review rrocess_ 

(a) The RD processes 

applicable cooperative 

the rAP under 30 CFR Parts 740 and 746 and any 

contents and gives 

agreement provisions. He or she conducts an initial review ofthe PAP's 

non-delegated responsibilities 

the regulatory authority comments on the adequacy of information conceming 

that have not been 

of the Secretary under the M'LA, as we!! as those under SMCRA 

delegated 

NEPA compliance 

to a State through a cooperative agreement The RD also initiates 

activities. 

constitutes a mining 

(b) In 

plan 

the 

modification 

case of a permit revision, the RD decides during the initial review if it 

authority ofthis decision. 

as defined at 30 CFR 746. l8(d) and notifies the regulatory 

lfthe RD determines 

modification, he or she begins 

that the permit revision constitutes a mining plan 

preparation of a mining plan decision document_ 

746 13 or assures 

(c) The RD consults with appropriate Fedeml and State agencies under 30 CFR 

cooperative agreement 

the required consultation has taken place under the tenns of the applicable 

or State program. BLM provides a recommendation 

approval with 

for approval, 

Recovery and Protection 

conditions, or disapproval of the mining plan based on the lease and the Resource 

pertinent information 

Plan (R2P2) reql.l.ired under the MLA. It also gives a summary of 

522(b) ofSMCRA 

available regarding any Federal lands review it has conducted under section 

Service, 

The RD may contact other agencies such as the State, district, or local office ofthe Forest 

the Army Corps of Engineers, 

Preservation Officer, 

the Fish and Wildlife Service, the State Historic 

an agency has an 

and the Mine Safety and Health Administration, depending upon whether 

interest in or responsibility 

list \Viii vary from State 

for an aspect of the proposed mining activity. This 

comments within 45 days 

to State depending on the lands affected. Agencies should return their 

agreement. 

ofthe RD's request or as otherwise noted in an existing cooperative 

If the RD does the consultation, he or she will send these comments 

<~uthority. 

to the regulatory 

and (3) below and 

(d) 

gets 

The RD prepares a mining plan decision document under paragraphs 4.c (2) 

a written memorandum 

recommendation on 

from the Regional Solicitor with his or her 

e-mail approximately 

the mining plan action. The RD notifies the AD/PS by memorandum or 

document 

two weeks in advance that he or she will send the mining plan decision 

to Headquaners for review and signatLife by the Director and the ASLM. 

4 
(e) After the RD signs the transmittal memorandum, he or she sends the mining 

plan decision document, including the Regional Solicitor's signed review memorandum, to the 

AD/PS. The RD also should send an electronic copy of the ASLM transmittal memorandum and 

the mining plan approval document to the ADIPS. 

(f) The ADIPS reviews the mining plan decision document for consistency with 

existing OSM policies, prepares the briefing memorandum for the Director and surnames the 

mining plan decision document. 

(g) The AD!PS manages the mining pian decision document through the 

Headquarters review process to get the required surnames and signatures_ After the Director 

signs the recommendation memorandum, the AD/PS sends the mining plan decision document to 

the ASLM for review and signature_ 

(h) Upon the ASLM' s decision, the ADIPS notifies the RD of the ASLM's 

decision and returns both the original signed mining plan approval document and Director's 

memorandum to the originating RD. The RD notifies the applicant of the decision and sends him 

or her a copy of the mining plan approval document. The RD also sends copies of the complete 

decision document (without the Regional Solicitor's review memorandum) to BLM, the State 

reglllatory authority, the appropriate OSM Field Office, and the appropriate Federal land 

management agency. 

(2) Format of the Mining Plan Decision Document. The RD assembles the mining 

plan decision document in a white three-ring binder with a dear cover sheet and spine insert 

(Appendix l ). The decision document also has a contents page (Appendix 2) and index tabs 

corresponding to the main sections of the table of contents. 

(3) Content of Mining Plan Decision Document. The mining plan decision document 

should have all the infonnation the ASLM needs to make a decision about the proposed mining 

activity, including OSM's recommendation and supporting documentation required by 30 CFR 

746.13_ The following sections (a) through (i) describes this information, in order of their 

placement in the binder 

(a) Contents (Appendix 2)_ Lists the order of the contents of the mining plan 

decision document, submitted to Headquarters for approval by the ASLM, in sufficient detail to 

assist in the review of the information contained therein. 

(b) Memorandum from the Director to the ASLM (Appendix 3). This 

memorandum transmits the mining plan decision document to the ASLM and has the Director's 

recommendation for approval, disapproval or conditional approval of the mining plan. The list of 

reasons for the recommendation in Appendix 3 follows the regulatory language at 

30 CFR 746 13. 

5 
(c) Memorandum from the RD to the Director (Appendix 4)_ This memorandum 

transmits the mining plan decision document to the Director. The memorandum includes the 

RD's recommendation for approval, disapproval or conditional approval of the proposed mining 

plan and outlines the effects of the proposal and the reasons for the recommendation. In addition, 

the memorandum describes any sensitive or controversial issues involving the mining plan_ The 

memorandum states how the RD has resolved these issues or why they should not affect action on 

the mining plan. The memorandum consists of four major sections: Recommendation, 

Background, Proposed Action, and Review Process_ The Recommendation section summarizes 

the reasons for action on the mining plan, including compliance with applicable laws and 

regulations and any special conditions that are necessary for approval. The Background section 

gives information about the mine location, size, mining method and mining plan area The 

Proposed Action section describes the permit or revision in terms of its effect on the mining plan 

area and notes any special conditions attached by the regulatory authority The Review Process 

section has a discussion of the comments, recommendations or concurrences of other Federal 

agencies, as applicable, a discussion of how these issues were resolved, and the results of the 

Federal lands review required by section 522(b) ofSMCRA If any surface coal mining and 

reclamation operations are on Federal lands within the boundaries of areas specified in section 

522(e)(I) or (2) of SMCRA, the decision document must include the appropriate determination of 

valid existing rights or compatibility as set forth in 30 CFR 745_\3_ 

(d) Location Maps (Appendix: 5). This section has maps to i!lustrate the location 

and ex:tent of the proposed mining operation as we!! as the character of the surrounding area. 

This section may have two maps: one to show location in the State/county and one to show the 

mine areas. See Appendix 5 for ex:amples as well as a summary of the features that should appear 

on the map(s)_ 

(e) Chronology (Appendix: 6). The chronology lists the important events and 

dates in the processing of the mining plan. lt tracks events from the day the operator filed the 

new permit or permit revision application through the preparation of the mining plan decision 

package_ The chronology should include the dates of any letters concerning non-delegated 

functions that the RD received and sent to the State regulatory authority. lfthe action is a mining 

plan modification, the chronology should include the date of the initial mining plan approval and 

any mining plan modifications. 

(f) NEPA Compliance Documents (Appendix: 7). This section has a copy of the 

EA and the Finding of No Significant Impact (FONSI} or the Environmental Impact Statement 

(EIS) (Ex:ecutive Summary only) that the RD prepared for the mining plan decision document in 

compliance with NEPA. The OSM NEPA handbook (Directive REG-!} gives guidance in 

preparing NEPA compliance documents on proposed mining plan decisions. The RD may use or 

supplement BLM's leasing EA to include the mining activity to meet NEP A requirements for a 

mining plan decision. Where OSM is the regulatory authority, it must prepare a NEPA 

compliance document for both the SMCRA permit and the mining plan decisions requiring 

6 
NEPA compliance. This NEPA document must address the environmental impacts of the 

proposed activity. In States with cooperative agreements where authority to issue permits, permit 

revisions and permit renewals has been delegated to the State, OSM must prepare a NEPA 

compliance document only for the mining plan decision. States operating under a cooperative 

agreement may give documentation to assist OSM in meeting its NEPA compliance responsibility 

and may assist OSM in preparing NEPA compliance doc"ments as specifted under 

30 CFR 740.4(c)(7). 

(g) Documentation of Consultation, Concurrence and Compliance. This section 

of the decision document has copies of all necessary letters of consultation, compliance or 

concurrence required for approval of a mining plan_ These letters docwnent compliance with 

applicable Federal laws, Executive Orders, and regulations_ Documentation of compliance may 

be in a form other than a memorandum or a letter. For example, it could include a flood plain 

analysis documenting compliance with Executive Order 11988. The RD must obtain required 

concurrence/compliance documents for each mining plan decision. 

Documentation is arranged by agency. This section includes copies of any comments received 

from Federal and State agencies. The Review Process section of the RD' s memorandum to the 

Director describes the conclusions reached in these documents The RD's memorandum indicates 

any agency concerns with the proposed mining plan or conditions on their concurrence. 

(h) Mining Plan Approval Document (Appendix 8). This is the only document 

included in the mining plan decision document that will require ASLM's signature. 

If a regulatory authority issues the SMCRA permit before the ASLM approves the mining plan, 

the regulatory authority must condition the permit so that mining plan approval is obtained before 

the permitee begins surface coal mining operations on Federal coal The regulatory authority 

must also condition the SMCRA permit to require confonnance with any terms or conditions 

imposed in the approval of the mining plan. The ASLM can add conditions to the mining plan 

approval document as appropriate (Attachment B of Appendix 8). Attachment A of the mining 

plan approval document contains location maps sufficient to show where the proposed mining 

activity will occur. 

The mining plan approval document (Attachment A) must denote the legal description of the 

mining plan approval area or modification area on leased Federal coal and not the legal 

description of the SMCRA permit area, unless the two are the same. The mining plan approval 

area for an underground mine may extend outside the permit area in States where the permit area 

does not include the underground workings. 

A mining plan approval document may include special conditions (Attachment B) to assure 

compliance with all appropriate Federal statutes and Executive Orders that have a bearing on the 

Secretary's decision 

7 
(i) Regulatory Authority's Decision Package. This section contains the findings and 

recommendations of the regulatory authority for the SMCRA permit application_ The permit may 

be included in the decision package if desired If the State is the regulatory authority under a 

cooperative agreement, the State's decision package wi!! appear here. If OSM is the regulatory 

authority, this section will have the findings and other documentation on the SMCRA permit 

decision_ This section includes this documentation because the RD bases his or her 

recommendation for mining plan action, in part, on the regulatory authority's findings and 

recommendations on the permit application (See 30 CFR 746_13(f). 

5_ REPORTING REQUIREMENTS. None 

6. EfFECT ON OTHER DOCUMENTS. This directive replaces Directives REG-31, 

"Preparation ofMining Plan Decision Documents," dated June II, 1993. 

7 REFERENCES. 

a_ 30 CFR Parts 740, 745, and 746. 

b_ Direcnve REG-1-1 dated July 1, 1996, Change Notice Revisions "Handbook on 

Procedures for Implementing the National Environmental Policy Act ()\'EPA)" 

8_ EFFECITVEDATE Uponissuance. 

9. CONTACT. Division of Regulatory Support (202) 208-2776. 

10_ KEVWORDS_ Mining Plan, Mineral Leasing Act, MLA, Permit application package, 

PAP, Resource recovery and protection plan 

11. APPENDICES. The fo!!owing are suggested samples of the documents described in the 

Directive: 

Appendix I 

Appendix 2 

Appendix 3 

Appendix 4 

Appendix 5 

Appendix 6 

Appendix 7 

Appendix 8 

Example of Cover Sheet and Spine Insert 

Example of Contents Page 

Example of Memorandum from the Director to ASLM 

Example of Memorandum from RD to the Director 

Example of Location Maps 

Example of Chronology 

Example ofEnvironmental Assessment and FONSl 

Example of Mining Plan Approval Document 

8 
Appendix I Example of a Cover Sheet 

MINING PLAN DECISION DOCUMENT 

(Company Name) 

FEDERAL COAL LEASE(s) (lease number) 

(Mine Name) MINE 

(RA Name) PERMIT (Permit Number) 

(County Name) COUNTY, (State Name) 

U.S. Dop•<lmcot of !be lo!cdo' 

Office of Surface Mining 

(Month and Year) 
Appendixl(continued) Example of a Spine Insert 

(Mine Name) MINE, (Company Name) 

(County Name) COUNTY, (State Name) (Month and 

Year) ' 

FEDERAL COAL LEASE(s) (Lease Number) 

(State RA) PERMIT (Permit No.) 
I. Memomnda 

Appendix 2 Example ofa Contents Page 

CONTENTS 

rMire Name> Mine 

Federal Coal Lease(s) (Lease Nwnberl 

(RA Name) Permit CPermit Number) 

Mining Plan Decision Document 

a. 

Management 

Memorandum from the Director to the Assistant Secretary, Land and Minerals 

b. Memorandwn from the Regional Director, (Nmni) Regional Coordinating Center to 

the Director 

2. Location Maps 

3. Chronology 

4. National Environmental Policy Act Compliance Docwnents 

5. Docwnentation of Consultation, Concurrence, and Compliance: 

a. Bureau of Land Management 

b. U.S. Fish and Wildlife Service 

c. State Historic Preservation Office 

d Federal Land Management Agency 

e. Other Agencies Providing Comments, if any 

f. Other Documentation of Compliance 

6. Mining Plan Approval Docwnent 

7. fRegulatorv Authoritv Name) (Decision Package Name) 
TO 

FROM. 

Example ofMemorandnm from the Director to the 

Anistant Secretary, Land and Minerals Management 

LETTERHEAD 

MEMORANDU1vf 

(NAME) 

Assistant Secretary, Land and Minerals Management 

fNAME) 

Director, Office of Surface Mining 

Appendix 3 

SUBJECT. Recommendation for Approval of the (Company Name) Mining Plan 

(Modification) for the (Mine Name) Mine on Federal Coal Lease(s) 

(Lease Number), (County Name), County, (State Name) 

I recommend approval (with conditions) oft he (Company Name), (Mine Name), Mining Plan 

(Modification) for Federal Coal Lea.se{s) (Lease Number) under the Mineral Leasing Act of 1920, 

as amended . 

.My recommendation to approve the (Mine Name) Mimng Plan (Modification), is based on: 

(1) (Company Name)'s complete Permit Application Package (PAP) including the 

Resource Recovery and Protection Plan; 

(2) compliance with the National Environmental Policy Act of 1969; 

(3) documentation assuring compliance with applicable requirements of other Federal 

laws, regulations, and executive orders; 

(4) comments and recommendations or concurrence of other Federal agencies, and the 

public; 

(5) the findings and recommendations of the Bureau of Land Management regarding 

the Resource Recovery and Protection Plan, the Federal lease requirements, and 

the Mineral Leasing Acts; and 

(6) the findings and reconunendation:; of the (R.t!lulatory Authority Name) regarding 

the PAP and the (State Name) (State or federal) Program. 
The Secretary may approve a Mining Plan for Federal leases under 30 U.S.C. §§ 207(c) and 

1273(c). Under 30 CFR Chapter VII, Subchapter D, I find that the proposed Mining Plan 

(Modification) is io compliance with all applicable laws and regulations. The decision documeot 

for the proposed Mining Plan action is attached. 

Attachment 
Appendix 4 

Example of Memorandum from Regional Director to the Director 

Memorandum 

To: (NAME) 

Director, Office of Surface Mining 

From: (NAME) 

Regional Director, (WRCC, MCRCC or ARCC) 

Subject: Recommendation for Approval (with conditions) of the (New) Mining Plan 

(Modification) for Federal Lease(s) {Lease Number) at (Company Nam'<l's 

(Mine Name) Mine located in (Countv) County,~) 

I. Recommendation 

I recommend approval (with conditions) of a (New)· Mining Plan (Modification) for 

Federal Lease(s) (Lease Number) at the (Mine Name) Mine. This is a mining plan 

(modification) for a (:rurface or 1mder~mund) ooal mine being permitted under the Federal 

lands program, the approved (Stlli:) program, and the oooperative agreement_ 

My recommendation to approve the mining plan (modification) is based on: 

(!) the complete permit application package (PAP) including the Resource 

Recovery and Protection Pian (R2P2) submitted by (Company Nam~) 

(Company Acronym); 

(2) compliance with the National Environmental Policy Act of 1969; 

(3) documentation confmning compliance with applicable requirements of other 

Federal laws, regulations, and executive orders; 

(4) comments and recommendations or concurrence of other Federal agencies, 

and the public; 

(S) the findings and recommendations of the Bureau of Land Management 

regarding the Resource Recovery and Protection Pian, the Federal lease 

requirements, and the Mmeral Leasing Act; and 

(6) the findings and recommendations of the (Name of Regulatory Authority) 
(Acronym for RA) regarding the PAP and the (.SlaW program_ 

The mining plan approval document include in the decision document complies with the Mineral 

Leasing Act of 1920, as amended, and applicable Federal regulations. l recommend that you 

advise the Assistant Secretary, Land and Minerals Management, under 30 CFR Part 746 that the 

(Company Name) (Mine Name) Mine mining plan (modifications) for Federallease(s) (Number) 

is ready for approval_ 

II. Background 

(Company Acronym) obtained Federal coal lease (Number) on (.U;llil)_ Lease (Number) 

consists ofl'Numher) acres with approximately (Number) ton of coal and (Number) acres 

of Federally controlled surface area 

[INCLUDE THE FOLLOWING INFORMATION FOR MINING PLAN 

MODIFJCATIONS AND IF APPLICABLE.] 

The (Mine Name) (surface or underground) coal mine is located in (Name_) County, 

(SWle)_ The mine has been in operation since (year). The operator will finish mining on 

the currently approved mining plan in an estimated (Number) years. The mining operation 

uses (mining method) mining methods. The averaged annual production rate is (Number) 

tons per year from the (l'illnl.!;) coal_seam( s). 

The Department of Interior (QQI) initially approved the mining plan for Federalleases(s) 

(Number) at the (Mine Name) Mine on ~- Since that date, DOl has approved 

(Number) mining plan modification(s) on (Dates)_ 

Since the initial mining plan approval, 

approval mining plan area_ These ";,;~ 

reason related to 30 CFR 746. 18(d) that 

Specifically, these areas are located at (give legal 

shown on the mining plan area map and Attachment A 

document. 

have been incorporated into the 

Secretarial approval because (state 

I was not required) 

of their location) and are 

plan approval 

The existing State permit area has (Numbe1:) acres with about (Number) acres disturbed in 

the State permit area There are (Number) acres and <Number) tons of Federal coal. The 

State permit also has <Number) acres of Federally controlled surface area. 

The post-mining land use(s) within the currently approved mining plan area is/are (Land 

Use) 

III. The Proposed Action 

2 
This mining plan is a (new) mining plan (modification) for Federallease(s) (Number)_ 

Specifically, the mining plan action proposed by (Company Acrmwm) consists of 

(description of operations (operational changes) and legal description of affected area). 

Attachment A of the mining plan approval document shows the area, (Number) acres, of 

Federal coal in the mining plan (modification). (Company <\cmnym) expects the mining 

operation to continue for ruumher) years with an average annual production rate of 

(Number) tons under <Stat!:) Permit (Number) and this proposed mining plan 

(modification)_ Approval ofthis mining plan (modification) will at1thorize mining of 

<Number) tons of Federal coal (The total tonnage of coal will be (Number) tons_) 

The State permit has (Number) ru:res with (Number) acres of surface di~turbance_ 

OR 

The approved State permit revision would increase the permitted area by (Nurnbe(l acres, 

and increase the acres of surface disturbance by (Number) acres. 

mining 

An additional (Numbe[) acres of Federally controlled surface lands will be included in the 

plan area as a result of this action. 

OR 

No Federally controlled surface lands will be included in the mining plan area as a result of 

this action 

The post-mining land use(s) within the mining plan (modification) area will be (Land Use). 

The (Regulatory Authority Name) has placed (Number) conditions on this permit. These 

conditions are found in the (State Name) decision document package_ 

TV Review Process 

The (ReauJatozy Authority) reviewed the PAP under the (lli!ml) State program, the 

Federal lands program (30 CFR Chapter VII, Subchapter D), and the (State Nam~;_) 

cooperative agreement, and (is prepared to) issue( d) the (new) permit (revision) on 

(lli.K) 

The Office of Surface Mining Reclamation and Enforcement (OSM) has consulted with 

other Federal agencies for compliance with the requirements of relevant Federal laws_ The 

decision docwnent contains the comments and/or concurrences of these agencies 

The Bureau ofLand Management (BLM) reviewed the Resource Recovery and Protection 

Plan for compliance with the Mineral Leaoing Act of 1920, as amended, and 43 CFR Part 

3480. The BLM recommended approval of the R2P2 (modification) in a memorandum 

dated~ 

3 
The U.S_ Fish and Wildlife Service provided its final consultation comment under Section 

7 of the Endangered Species Act in a memorandum dated ~). 

OR 

OSM's independent review dated (.!laji) of the effects of the proposed action on 

threatened and endangered species indicated that no adverse effect will occur to any 

threatened or endangered species as a result ofthe proposed action. This detennination is 

based upon (describe upon what factors the determination is based). 

OSM concurs with the State Historic Preservation Officer's (SHPO) assessment and 

recommendations for protection of cultural resources, as stated in the SHPO concurrence 

letter dated ~) 

OR 

The State Historic Preservation Officer concurred with OSM's assessment and 

recommendations for protection of cultural resources in a letter dated(~. 

OR 

The State Historic Preservation Officer concurred with the proposed mining plan 

(modification) in a letter dated CJ:!lilil). 

The (Name of the Federal Surface Land Management Agency) concurred W!th the 

proposed mining plan (modification) with respect to Federal surface lands within the 

proposed mlning plan area in a letter dated (D.i:ll&)-

The proposed area of mining plan approval is not unsuitable for mining according to 

section 522(b) ofSMCRA. 

OR 

The proposed area of mining plan approval is unsuitable for mining according to section 

522(b) ofSMCRA 

The mining plan (modification) is not on any Federal lands within the boundaries of any 

national forest. 

OR 

The mining plan (modification) is located on Federal lands west of the 1001h meridian 

within the boundaries of the (~)National Forest_ However, the Secretary of 

Agriculture finds that these lands do not have significant forest cover and that this smface 

coal mining operation complies with the Multiple-Use Sustained Yield Act of 1960 (16 

U.S. C.§§ 528-531), the Federal Coal Leasing Amendments Act of 1976 (Pub. L. 94-377, 

30 U.S.C. 201 jj ~.),the National Forest Management Act of 1976 (90 Stat. 2949), and 

the provisions ofSMCRA Based on OSM's analysis and on the concurrence ofthe 

USDA Forest Service in its letter dated ~. the Cllil:lrn) Mine will not be incompatible 

with significant recreational, timber, economic, or other values of the (NamW National 

Forest [USE WHEN MJJ'Io'JNG PLAN AREA IS WEST OF tooTH. MERIDIAN.] 

OR 

The mining plan (modification) is located on Federal lands within the boundaries of the 

4 
~National Forest_ However, based on OSM's analysis and on the concurrence of 

the USDA Forest Service, the surface operations and impacts of the~) Mine are 

incident to an underground coal mine and will not be incompatible with significant 

recreational, timber, economic, or other values of the~) National Forest. !(USE' 

WHEN MINING PLAN AREA IS EAST OF 100TM MERIDIAN.] 

We have determined that approval of this mining plan (modification) will not have a 

significant impact on the quality of the human environment The Environmental 

Assessment prepared by OSM (and other agency name) for the (}llil'A Document Tjtlt) 

and other envirorunental documents noted in the finding ofNo Significant Impact 

(FONSI) describe the impacts that may result from approval of this mining plan 

(modification) and its alternatives_ The decision document contains the FONSI and 

supporting Environmental Assessment 

OR 

The impacts of approval of this mining plan (modification) and alternatives are described 

in an Environmental Impact Statement (EIS)- The Executive Summary of this EIS is 

included in the decision document. 

During the review of the proposed action, OSM identified (Number) issues that required 

resolution. [DESCRIBE ISSUES AND HOW RESOLVED.] 

Attachment B in the mining plan approval documenr lists (Number) special conditiOns of 

the mining plan. !DESCRffiE REQUIREME~TS AND BASIS OF THE 

CONDITIONS.] 

OR 

(Company Name)'s proposal does not require any special conditions to the mining plan 

approval document to comply with Federal laws 

The (Company Name) published four consecutive weekly notices in the (New.waper 

Name) informing the public could review the administratively PAP. 

The last publication date was received 

public comments. 

The ffie!!Yiatory Authority) determined that a bond for (amount) is adequate for (£lak) 

Permit ll!umber) associated with this mining plan (modification). The bond is payable to 

the State and the United States. 

The decision document contains a chronology of events related to the processing of the 

PAP and this mining decision. 

OSM's administrative record of this mining plan {modification) consists of the following: 

- the complete PAP submitted by (Company Name;), 

5 
Attachments 

- (Relffilatorv Autbority)'s Decision Document Package provided to OSM under 

the cooperative agreement; 

the (NEPA Documems); 

other documents prepared by (B,egulatoN Authority); and 

correspondence developed during the review of the PAP_ 

6 
Appendix 5 Example of Location Maps 

M:ine 

At least 

Site 

two 

Map 

location lllllps are needed for the mining plan decision document. These are the 

(Figure I), the General Location Map (Figure 2). Each lllllp must be a 

stand-alone document. All maps must be labeled (Figure 1, Figure 2, etc.), legible, and clearly 

differentiate the required boundaries. The lllllps must have appropriate legends . 

A.Mlne Site Map (Figure 1). should show: 

• Legend with the company name, mine name, permit number(s), county, and state. 

o Boundaries of and lease numbers for all Federal leases. 

o North arrow and scale. 

o Location infonnation such as section numbers, township, range, baseline/meridian. 

o Boundary of the entire permit area for the mine, and boundaries of other permits with each 

identified by number. 

o Boundary of the proposed mining plan approval area,.. and any other existing/proposed 

mining plan approval areas fur this mine or in the immediate area. 

Month and year of mining plan approval. 

• Other important features that are discussed in the Memorandum to the OSM Director. 

County 

A General Location Map (Figure 2) should show the mine location in relation to State and 

mine 

boundaries. The legend for this map should include, as a minimum, the company name, 

name, Federal coal lease number, and penni! number. 

If a map is in a format larger than letter size paper, it should be folded and inserted in a labeled 

clear plastic map pocket. 
I 

LOCATION MAP 

' 

( ENLARGED VIEW 1 PLATEAU MINING COMPANY 

C:.I.RION a EMERY COS, IJTAH 

I I 
MINING PLAN APPROVAL AREA· STAR POINT MTNF 
DATE 

(Date) 

(Date) 

(Date) 

(Date). 

(Date) 

(Date) 

(Date) 

(Date) 

Example of Chronology 

(FROM EARLIEST TO LATEST) 

(Mine Name) Mine 

Federal Coal Lease(s) (Lease Number(s) 

(RegulatoO' Authority Name) Permit (lermiJ Number) 

Mining Plan Decision Document 

EVENT 

Appendix 6 

(Company Name) submitted the permit application (PAP 

under the approved (State Name) State Program to the 

(Regulatory Authority Name) for a (new) pennit (revision) 

for the (Mine Name) Mine_ 

(Regulatory Authority Name) determined that the PAP was 

administratively complete for public review and comment. 

The Office of Surface Mining (OSM) received the PAP 

OSM published the Notice of Intent to prepare an 

Environmentallmpact Statement (ElS) in the Federal 

Register 

The date of each of the documents of consultation, 

concurrence, and compliance for agencies that have an interest 

in the mine or mining plan. 

OSM furnished comments on the PAP generated during the 

review of the PAP by Federal agencies to (Regulatory 

Authority Name) 

(Company Name) published in the (Newspaper Name) the 

fourth consecutive weekly notice that its complete PAP 

v,as on file with the (Regulatory Authority) 

OSM received the (Regulatory Authority Name) (mming/ 

plan decision package name) for (Company Name)'s Permit 

Number. 
DATE 

(Date) 

(Date) 

(Date) 

(Date) 

(Date) 

EVENT 

(Regulatory Authority Name) approved the PAP. 

OSM published its draft EIS 

OSM held public hearings on the draft EIS. 

EPA published notice of availability of final EIS in the 

Federnl Register 

OSM' s (Name) Regional Coordinating Center recommended 

to the Director, OSM, that the mining plan would be 

approved_ 
Appendix 7 Example ofEnvironmentaJ Assessment and FONSI 

U.S. DEPARTMENT OF THE INTERIOR 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 

SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT 

Foe 

(Mine Name), Federal Lease (Lease Number) 

Mining Plan Decision Document 

A Description of the Proposed Action 

The proposed action is a decision by the Assistant Secretary to approve, approve with conditions, 

or disapprove a mine plan. The (Company Name) (Company Acronym) S1.1bmitted a permit 

application package (PAP) for a pennit revision for the (Mine Name) to the (Name ofReg1.1latory 

Authority) (Regulatory A1.1thority Acronym) The PAP proposes extendmg surface mining 

operations into (number) acres ofFederal !ease (Lease N1.1mber). The (Mine Name) (s1.11face or 

underground) coal mine is located in (County), (State). The mine has been in operation since 

(Date). About (number) acres Within the State's permit area have been affected by surface 

disturbance to date The mining operations utilize (mining method) methods and are conducted at 

an average production rate of about (number) million tons per year_ Mining is cum:ntly planned 

to continue fur (number) years. 

Pursuant to 30 CPR Part 746, the Office of Surface Mining Reclamation and Enforcement (OSM) 

is recommending that the Assistant Secretary approve the mining plan without special conditions. 

B_ Need for the Proposed Actjon_ 

Under the Mineral Leasing Act of 1920, the Secretary, acting through the Assistant Secretary, 

Land and Minerals Management must approve, approve with conditions, or disapprove the mining 

plan action fur Federal lease (lease n1.1mber). 

C_ Alternatives Considered 

The alternatives were: 

Approve, Approve with conditions, or Disapprove. The No Action alternative was not 

considered a viable alternative because ofthe requirements of existing law_ 

D. Affected Environment 

of 

This 

Land 

environmental 

Management 

assessment supplements the environmental assessment prepared by the Bureau 

N1.1mber) 

(BLM), (Name) District Office, for the leasing ofFederal Lease (Lease 

(BLM Environmental Assessment No [number]) The affected environment is 

described in that document which is inc!Lided herewith_ 
E_ Environmental Impacts of the Proposed Action and Alternatives 

The BLM environmental assessment identifies and discusses the environmental impacts ofleasing 

and mining the land and coal resources ofFederal Lease (Lease Number)_ OSM also reviewed 

the updated SMCRA findings (included herewith) prepared by the (Regulatory Authority 

Acronym) dated (Year and Month) for the proposed revision of the (Name ofMine) mine plan 

OSM has determined that the combined documentation describes the proposed environmental 

impacts of mining. 

ln addition, OSM consulted with other Federal agencies for compliance with the requirements of 

applicable Federal laws. Those agencies included the BLM, which prepared the environmental 

assessment, and the U.S Fish and Wildlife Service which provided consultatiOn and comments 

under Section 7 of the Endangered Species Act. Finally, the State (Name of State Historic 

Preservation Office) (Acronym) assessment and recommendations for protection of cultural 

resources was independently reviewed and concurred on by OSM. 

F. Summary 

Baseline studies for natural resources within and sur-rounding the lease tracts were completed by 

BLM for leasing, and by the (Regulatory Authority Acronym) for the PAP information from 

these studies was reviewed and used to complete this environmental assessment There were no 

adverse impacts to air, soils, land use /vegetation, water, wildlife or cultural resources identified in 

the environmental assessment. Ali effects of(surface or underground) mining will be mitigated 

during the mining operation or upon reclamation of the !and at the conclusion of mining 

Because mining ofFederal coal reserves would not materially change the planned operations 

(Federal reserves account for less than (number) percent of the ([Mine Name]), there would be no 

major cumulative or indirect impacts under the alternative to Approve the mining plan_ 

G. Agencies Contacted to Assist in the Preparation of the Environmental Assessment 

1. BLM 

2_ (Regulatory Authority Acronym) 

3. US. Fish and Wildlife Service 

4_ (State Historic Preservation Office Acronym) 
Example of a FONSI 

U.S. DEPARTMENT OF THE INTERIOR 

OFFICE OF SURFACE MINING 

FINDING OF NO SIGNIFICANT IMPACT 

(Mine Name) '" Mine 

Federal Coal Lease(s) (Lease Number) 

fRA Name) Permit CPermit Number) 

Mining Plan Decision Document 

A Introduction (Explain Who wants to What, Why, When, Where, and How) 

Example: 

(Company Name) submitted a Permit Application Package (PAP) for a permit for the (Mine 

~Mine to the (Regulatory Authority Name) under the (State Name) State (or Federal) 

program (30 CFR cite). The PAP proposes area surface mining operations on about (number) 

acres. Of this acreage, about (number) acres will be on Federal Coal Lease(s) (Lease Number). 

The remaining (number) acres are on privately held surface ap.d coal reserves and Federal coal 

reserves that the operator does not have the right to surface mine. These operations would occur 

about one-half mile west of (Town Name), in (County Name) County, (State Name). The 

proposed mining plan would create (number) acres of surface disturbance in the Federal mining 

plan area. Mining operations would start on approval of the Federal Mining Plan and continue for 

about (number) years. 

Under the Mineral Leasing Act of 1920, as amended, the Assistant Secretary, Land and Minerals 

Management, must approve, approve with conditions, or disapprove the mining plan action for 

Federal Coal Lease(s) (Lease Number). Under 30 CFR Part 746, the Office of Surface Mining 

(OSM) is recommending approval of the mining plan action (with conditions). This 

recommended approval is valid for (Description of Mining Plan Approval Area). 

B. Statement of Environmental Significance of the Proposed Action 

I have determined that the proposed action would not have a significant impact on the quality of 

the human environment under Section 102(2)(C) of the National Environmental Policy Act of 

1969 (NEPA), 42 U.S.C. §§ 4332(2}(C). Therefore, an environmental impact statement is not 

required. 

This finding of no significant impact is based on the following environmental documents prepared 

by (Regulatory Authority Name), the Bureau of Land Management (BLM), and OSM for the 

leasing of Federal Coal Lease(s) (Lease Number) and mining of (Regulatory Authority Name) 

Permit Number (number): 
OSM (and other agency), (Month and Year), Environmental Assessment (EA) for the 

(Mine Name) Mine, Federal Coo! Lease(s) (Lease Number). 

(Other Environmental Assessments that reference activity associated with the project). 

These document(s) identify and discuss the environmental impacts of the proposed action and 

provide sufficient evidence and analysis for this finding of no significant impact. OSM 

independently evaluated the EA(s) as of the date specified below and has determined that it 

adequately and accurately assess the environmental impacts of the proposed action and provides 

sufficient evidence and analysis for this finding of no significant impact. OSM takes full 

responsibility for the accuracy, scope, and content of the EA (prepared in cooperation with 

(Name agency)). 

(As appropriate: give the reason(s) that the impact on each affected environmental resource, 

fuctor, or concern would not be significant based on the severity of impact according to 40 CFR 

1508.27(b)(l) to (10) (see NEPA handbook appendix II). (Summarize details, including 

mitigation measures, mentioned in the EA). 

(Title) Date 

(Name) Regional Coordinating Center 

Attaclunent 
Appendix 8 , Example or a Mining Plan Approval Document 

Mining Plan Approval Document 

UNITED STATES 

DEPARTMENT OF THE INTERIOR 

This mining plan approval document is issued by the United States of America to: 

(Company Name) 

(Conwanv Address) 

Paget of(n) 

for the (Mine Natn(j Mine mining plan for Federal Coal Lease(s) (Lease Number) subject to the 

fol!owing conditions. (Company Name) is hereinafter referred to as the operator. 

I. Statutes and Regulations- This mining plan approval is issued pursuant to Federal Coal 

Lease(s) Qease Number); and the Mineral Leasing ACt of 1920, as amended (30 U.S.C. 

181 ~.);and in the case of acquired lands, the Mineral Leasing Act for Acquired 

Lands of 1947, as amended (30 U.S.C. 351 ~.). This mining plan approval is subject 

to all applicable regulations of the Secretary of the Interior which are now or hereafter in 

force; and all such regulations are made a part hereof The operator shall comply with the 

provisions of the Water Pollution Control Act (33 U.S.C. 1151 et ~.).the Clean Air Act 

(42 U.S.C. 7401 st ~.), and other applicable Federal laws. 

2. This document approves the (Mine Name) Mine mining plan for Federal Coal Lease(s) 

(Lease Number), and authorizes coal development or mining operations on that part of the 

Federal lease within the area of the mining plan approval. This approval is based upon the 

documentation provided pursuant to 30 CFR 746.13 and constitutes the approval of a 

miniog plan as required by the Mineral Leasing Act. This authorization is not valid 

beyond {I,egal Description of Leased Federal Coal in Mining Plan Approval or 

Modification Approval Area) and is shown on the map appended hereto as Attachment 

A 

3. The operator shall conduct coal development and mining operations only as described in 

the complete permit application package approved by (Regulatory Authority Name), 

except as otherwise directed in the conditions of this mining plan (modification) approval. 

4. The operator shall comply with the tenns and conditions of the Federal coallease(s), this 

mining plan (modification) approval, (the special conditions appended hereto as 

Page 2 of(n) 
Mining Plan Approval Document 

under 

Attachment 

the (S\ate 

B,) and 

Name) 

the requirements of the (State Namel Permit (Permit Number) issued 

andReclamationActof1977 

State program approved putsuant to the Surfuce Mining Control 

(30U.S.C.J201 ~gq.). 

5. 

mining 

This mining 

operations 

plan approval shall be binding on any person conducting coal development. or 

superseded, 

under the approved mining plan and shall remain in effect until 

canceled, or withdrawn. 

6. If prehistoric or historic resources are discovered during the mining operations, 

operator 

the 

Authority 

shall 

Namll) 

ensure tliat the resources are not disturbed and !i!all notify (Regulatoty 

actions as are 

and the Office of Surface Mining (OSM). The operator sha!! take such 

required by (Regulatory Authoritv Namll) in coordination with OSM. 

7. The Secretary retains jurisdiction 

basis of further consultation with 

to modifY or cancel this approval, as required, on the 

of the Endangered Species Act, 

the U.S. Fish and Wildlife Service pursuant to Section 7 

as amended, (16 U.S.C. §§ 1531 et gq.). 

Assistant Secretary, Land and Minerals Management Date 
Mining Plan Approval Document 

(Mine Name) Mine 

Legal Description of tbe Mining Plan Approval Area 

ATTACHMENT A 

Mop 

Page of(n) 
Mining Plan Approval Document 

(Mine Name) Mine 

ATTACHMENT 8 

Special Conditions 

Page of(n)