2018-09-30_REVISION - C1980007 - Laserfiche WebLink

Home Browse Search

applicant, his agent, or employee" to "access to those portions of the proposed mine plan area necessary for the gathering of information relevant to the conference." MLRB Rule 2.07.3(6)(b)(iii). Conservation Groups sought access to private lands pursuant to this rule in order to gather information relevant to the informal conference, as detailed further below. DRMS then met with Guardians on behalf of Conservation Groups, on June 18, 2018 at the DRMS office to discuss logistics of the site visit. During this meeting, all parties agreed on a route and other logistical details for the site visit, including the use of private roads to see particular areas of the proposed permit area. As Conservation Groups have repeatedly brought to DRMS' attention', both Mountain Coal and DRMS denied us access to areas necessary for gathering information relevant to the informal conference. Specifically, Conservation Groups were denied to access nearby private lands for purposes of ascertaining the condition of a potential access road that could have limited ground disturbance or led to more rapid reclamation of National Forest lands. As stated in our August 20, 2018 comments, this denial violates both DRMS's regulations and SMCRA. See MLRB Rule 2.07.3(6)(b)(iii); 30 U.S.C. § 1263(b). See Exhibit 3. Based on review of the mine plan maps initially published, Conservation Groups argued that lands with existing roads that could be better utilized to avoid, reduce, and minimize impacts to private and/or public lands, required under MLRB Rule 4.18(5)(a).9 Conservation Groups maintain that using existing roads on these private lands may reduce surface impacts. The drilling of exploration holes and methane drainage wells required to mine coal at the West Elk Mine causes damaging surface impacts to the land above and adjacent to the mine. Each methane drainage well requires bulldozing an area about one-half acre in size to clear the well pad; exploration pads cause similar damage. See Supplemental Final Environmental Impact Statement Federal Coal Lease Modifications COC -1362 & COC -67232, at p. 41. In addition, each exploration pad and methane drainage well requires the construction of roads to transport the drill rig and construction and maintenance equipment that must access the drill site. Because the terrain in the area is rough and hilly, roads and pads often carve areas out of hillsides where cut and fill is required to level the pad and road bed. The pads and roads needed for methane drainage wells and exploration pads eliminate vegetation, fragment wildlife habitat, can pollute surface waters, and degrade many other resources. Thus, Conservation Groups requested an on- site view of the proposed roads, to ensure compliance with MLRB Rule 4.18(5)(a). Thus, neither Mountain Coal nor DRMS had the authority to prevent Conservation Groups from entering portions of the proposed mine plan area if legally authorized to be there. However, because Mountain Coal had not received right -of -entry at that point, Mountain Coal and DRMS prohibited Conservation Groups from entering the land (which further underscores that the permit application was rife with holes and inconsistencies and should not have been deemed complete in the first place). Despite the reiteration in Conservation Groups' August 20, 2018 letter that access to these lands during the site visit was crucial to collect information to determine whether Mountain Coal's plans were in compliance with state regulations, DRMS denied Conservation Groups an 8 WildEarth Guardians noted these concerns in a June 25, 2018 letter (see Exhibit 2); Conservation Groups voiced these concerns during the August 1, 2018 informal conference; and again in the August 20, 2018 letter (see Exhibit 3) which provided additional comments pursuant to MLRB Rule 2.07.4(2)(a). 9 Requiring that roads be located and operated so as to avoid or minimize impacts to fish and wildlife species.