APPCOR11336

• Permit No: C1981071
• IBM Index Class Name: Application Correspondence
• Doc Date: 4/17/1981
• Doc Name: PINNACLE TRACT LEASE SALE PROPOSED LEASE FORM
• From: ENERGY FUELS CORP
• To: BUREAU OF LAND MANAGEMENT
• Media Type: D
• Archive: No

~~

_ Mr. Gerald Aiagnuson
~,. ~ April 15, 1981
~; ;9~ P age 5 .
~..~~ .
More importantly, the provisions of Section 31(b) are totally
inconsistent with the recent decision of Judge Flannery In Re
Permanent Surface t•Sining Regulation Litigation, Civil Action
No. 79-1144, 14 ERC 1083, F. Supp. (1980). In
this decision, Judge Flannery ruled that 30 C.F.R. Sections
779.20 and 780.16 of the Permanent Surface Mining Regulations
requiring wildlife surveys and wildlife reclamation plans were
invalid and unauthorized by SMCRA. The Department of the
Interior, through the BLM, cannot require through lease
stipulations what OS24 is prohibited from requiring through
regulations under Sb1CRA.
"(c) The lessee shall prepare and submit to the BLM
concurrently with the filing of its mine plan, a
socio-economic and transportation impact mitigation
study, concerning the offsite aspects of the
proposed development, which will include a factual
statement of the following:
(1) The estimated number of employees. the
specific lease operation will require during
its phases of construction and operation; the
estimated multiplied population attendant to
that employment; and where that population is
anticipated to reside.
(2) Based on information acquired in con-
sultation wi*_h state and local government, an
analysis of the estimated effect of that popu-
lation influ:c upon the county and community
infrastructure, including:
(i) the transportation system at the
county and local level;
(ii) the domestic water requirements,
(iii) the domestic
facilities and
requirements,
(iv) the requirements
facilities,
sewage treatment
collection system
on the eductional
(v) the requirements the ne~v population
will impose upon the fire and police
protection systems,