2017-02-15_REVISION - C1996083 (2)

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A-4 segment on West Fork of Terror Creek is found not suitable for inclusion in the National Wild and Scenic River System, or if suitable, if it is dropped from further consideration by Congress. CRITERION 2 Federal lands that are within rights-of-way or easements or within surface leases for residential, commercial, industrial, or other public purposes, on federally-owned surface shall be considered unsuitable. Exceptions A lease may be issued, and mining operations approved, in such areas if the surface management agency determines that (i) all or certain types of coal development (e.g., underground mining) will not interfere with the purpose of the right-of-way or easement, or (ii) the right-of-way or easement was granted for mining purposes, or (iii) the right-of-way or easement was issued for a purpose for which it is not being used, or (iv) the parties involved in the right-of-way or easement agree, in writing, to leasing, or (v) it is impractical to exclude such areas due to the location of coal and method of mining and such areas or uses can be protected through appropriate stipulations. Analysis There are three existing rights-of-way on USFS and BLM lands within the lease area: • Right-of-way COC -66873 is an access road to Bowie Resources, LLC for their mining operations. • The third right-of-way, COC-44585, is for a stream gauge monitoring station to Bowie Resources. • Right-of-way COC-22713, held by Western Area Power Administration (WAPA), is a 125-foot wide right-of-way for an electrical transmission line with a capacity up to 345 kV. Subsidence effects on the transmission line could occur. Overburden depth from south to north ranges from approximately 1,100 feet to more than 1,500 feet on the north end of the WAPA right-of-way. Lands involved in these rights-of-way are suitable for coal leasing after applying the exceptions to the criteria. The first two rights-of-way would fall under exceptions (i) and (ii). The power line would be protected by exception (v) above. The power line right-of-way is 125 feet in width and includes access roads. In order to protect the power line, the following lease stipulations would be required: • Electrical safety clearances addressed in the Code of Federal Regulations, 29 CFR 1910.333(c) (3) must be maintained at all times. • All vehicles, equipment, and/or machinery or other materials near the right-of-way must be properly grounded. In order to avoid static or induced electrical hazards no materials may be stored in the transmission line right-of-way. • If future longwall mining would come within 100 feet of any transmission line tower