PERMFILE70852

• Permit No: C1980007
• IBM Index Class Name: Permit File
• Doc Date: 7/15/2002
• Doc Name: Decision Notice & FONSI
• Section_Exhibit Name: Exhibit 80 Drilling Activities - TR96
• Media Type: D
• Archive: No

III. REASONS FOR THE DECISION
Applicable Laws Re¢ulations, and Policy
This decision is consistent with applicable laws, regulations, and policies (refer to Section VII of this document and
EA, Section 1:5.1). In particular, it is consistent with the current interim directives regarding Delegation of
Authority/Interim Protection of Roadless Areas (ID 1920-3001-1, effective December 14, 2001) and regarding
transportation analysis (ID 2210-2001-3, effective December 14, 2001). This decision would also be consistent with
the Roadless Area Conservation Rule (January 12, 2001), currently enjoined from implementation by the Idaho
District Court. Activities approved by this decision are on lands within existing coal leases (issued in 1967 and
1995), are consistent with rights issued under the federal coal leases, and are consistent with Forest LRMP direction
for lands allocated to non-roadless uses. This decision will provide continued opportunity for industry to provide air
quality compliant coal used in several eastern and mid-western states to meet State and federal air quality standards.
How Issues Were Considered
Many potential impacts described as Issues (EA, Section 2.2.1) were reduced by careful design of the proposed
action, as described in Section 1.3 in the EA. Other potential impacts will be completely mitigated or reduced to a
very low level by the application of the revised Conditions Of Approval, displayed in Appendix A of this document.
The expected effectiveness of this mitigation is described in the Table preceding the Conditions.
Some resource impacts were not completely mitigated and will occur from implementation of my decision during
[he 6 to 7-year life of the project. Some impacts will continue beyond [he end of [his project in 2007. I have
considered these impacts and have found that none of them will be significant in either context or intensity. These
impacts include:
1. Habitat effectiveness for some wildlife species will be reduced by the construction and use of roads in the
project area.
2. Constmction and use of roads and drill pads in or adjacent to riparian areas will create some localized
sedimentation and reduce habitat effectiveness for many wildlife species.
3. Construction of roads and drill pads will remove vegetation from approximately 54 more acres of land,
resulting in loss of approximately 32 animal unit months of grazing capacity each year for approximately 8
years.
4. Vented methane will contribute to greenhouse gases in the atmosphere.
5. Mine vehicle traffic impacts will continue to affect residents in the Town of Paonia and along the corridor of
the Minnesota Creek Road during 2002 until the Sylvester Road is constructed (expected by fall 2002).
6. Public ATV use opportunities will be reduced in the project area.
7. Roadless character in the West Elk Inventoried Roadless Area (IRA) will continue to be compromised.
However, benefits will also occur from implementation of my decision. Immediate obliteration of existing
motorized trails in riparian areas and other locations will reduce sedimentation in those areas and improve habitat
effectiveness for elk and some other wildlife species. This action will partially mitigate the impacts that the
approved road construction and use will have on elk habitat effectiveness during the project life. Obliteration of
temporary roads at the end of methane drainage activities (expected in 2007) will result in improved elk habitat
effectiveness azea-wide over the current level. Revegetation of disturbed areas will result in a temporary increase of
wildlife and livestock forage, due to temporary conversion of oak brush stands to grasses and forbs. Installation of
cattleguards where roads cross fence lines will help facilitate livestock management efforts. Retention of these
cattleguards when roads are converted to trails will continue this benefit afrer the project ends. Cons[mction of the
Sylvester Road will eliminate mine traffic impacts on residents in the Town of Paonia and along the corridor of the
Minnesota Creek Road. Improvement of [he Long Draw Saddle ATV trail will benefit public ATV users. In the
past, roadbeds were left in place when exploration roads were decommissioned. The planned obliteration (returning
the landscape to approximate original contour) of all temporary roads by 2007 will improve the future roadless
character of this portion of the West Elk IRA.
My decision also supports the continued operation of the West Elk Mine. The mine will be able to continue to offer
the 323 jobs it offered in 2001, and also an additiona140 jobs. Each West Elk Mine job supports an estimated 1.7
jobs in the surrounding communities indirectly through mining purchases and mine worker household purchases.
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