2018-06-01_REVISION - C1980007 (4)

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Rules. One key issue is that Arch Coal's pace of final bond release for surface coal mining activities appears to be sorely lagging behind the pace of surface disturbance. d. Basis for Request for Informal Review, Site Inspection In submitting comments or objections, any person may request an "informal conference" and seek an opportunity for a site visit to the proposed permit area for the purpose of gathering information relevant to the conference. Colorado MLRB Rule 2.07.3(6). Above, we briefly summarized the issues we intend to raise at the informal conference. As for a site visit, we intend to gather information relevant to the conference consistent with MLRB Rule 2.07.3(6)(b)(iii). Specifically, we intend to: • Obtain a visual understanding of why new roads must be built on Forest Service land rather than using existing roads or building shorter, less damaging roads from the private land to limit damage to the National Forest roadless area; • Obtain air quality samples from existing methane venting operations in order to verify Arch Coal's compliance with State and Federal air quality laws and regulations and ability to comply under PR -15; • Assess reclamation progress in order to better understand the lack of contemporaneous reclamation that is occurring at the West Elk mine in relation to surface coal mining operations. III. Concerns Over OSMRE Review and Proposed Federal Mining Plan Modification Although OSMRE's review and proposals regarding the federal mining plan modification related to PR -15 are distinct from DRMS's duties, we feel it appropriate to simultaneously raise with the agency our concerns over any potential mining plan modification approval. a. The Lease Modification Supplemental Final Environmental Impact Statement Did Not Sufficiently Address the Site -Specific Impacts. The Supplemental Final Environmental Impact Statement ("SFEIS") prepared by the U.S. Bureau of Land Management ("BLM") and the U.S. Forest Service ("USFS") for the lease modifications that are proposed for inclusion in the West Elk mine permit area under PR -15 did not sufficiently address the site-specific impacts of building additional roads, as this proposal suggests, as well as additional methane drainage well pads. The location of both of these were unknown at the time of the SFEIS. However, now that Arch Coal has submitted detailed information as to the proposed location of roads, pads, and vents, OSMRE must address those impacts and must do so through an additional supplemental EIS. Here, reliance on the underlying SFEIS is insufficient. While adoption of another agency's NEPA document may be appropriate under circumstances outlined in 40 C.F.R. § 1506.3, the subsequent or cooperating agency must still review and accept responsibility for the 5