2017-02-15_REVISION - C1996083 (2)

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A-6 Exceptions A lease may be issued for lands (i) used as mine access roads or haulage roads that join the right- of-way for a public road, (ii) for which the Office of Surface Mining Reclamation and Enforcement has issued a permit to have public roads relocated, (iii) if, after public notice and opportunity for public hearing in the locality, a written finding is made by the Authorized Officer that the interests of the public and the landowners affected by mining within 100 feet of a public road will be protected, or (iv) for which owners of occupied dwellings have given written permission to mine within 300 feet of their buildings. Analysis No cemeteries, occupied dwellings, public buildings, schools, churches, community, or institutional buildings exist within this area. National Forest System Roads 701, 703, 701.1A, and 824 pass through the LBA tract. These roads are used by the general public to access the National Forest for recreation and access special use permitted facilities, etc. The overburden range is from approximately 1,750 feet to 2,200 feet. At that depth there would be measurable subsidence but no visible surface cracking (see Geology and Minerals section). Therefore, it is expected that there would be no subsidence related disturbance to the road. The Forest Service has the authority to permit other uses of the lands and roads in the area. CRITERION 4 Federal lands designated as wilderness study areas shall be considered unsuitable while under review by the Administration and Congress for possible wilderness designation. For any federal land which is to be leased or mined prior to completion of the wilderness inventory by the surface management agency, the environmental assessment or impact statement on the lease sale or mine operations plan shall consider whether the land possesses the characteristics of a wilderness study area. If the finding is affirmative, the land shall be considered unsuitable, unless issuance of noncompetitive coal leases and mining on leases is authorized under the Wilderness Act and the Federal Land Policy and Management Act of 1976. Analysis The USFS and BLM lands within the Spruce Stomp LBA tract are unclassified lands that are available for mineral leasing (Forest Service, 1991). No lands within the review area are designated Wilderness Study Areas or Lands with Wilderness Characteristics. The West Elk Wilderness area is located about more than seven miles to the south-southeast of the tract. Congressionally designated wilderness areas were withdrawn from mineral entry in 1983. CRITERION 5 Scenic federal lands designated by visual resource management analysis as Class I (an area of outstanding scenic quality or high visual sensitivity) but not currently on the National Register of Natural Landmarks shall be considered unsuitable. A lease may be issued if the surface management agency determines that surface coal mining operations will not significantly diminish or adversely affect the scenic quality of the designated area.