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A. Sylvester Gulch Temporary Road Construction Decision I have decided no[ approve the construction of a temporary road in the drainage bottom of Sylvester Gulch The Forest Service will allow MCC to itnprove and use the portion of Meadow Road that crosses NFS lands and the connecting pottions of the existing Forest Service road system for all or portions of the project traffic if MCC chooses to pursue design, re-construction and use of the Meadow Road described in EA Supplement Section 2A, and summarized in Section IV of this document, mt it's private lands. Implementing this activity depends on MCC obtaining approvals from the CDMG for constntction of the Meadow Road on their private lands. At the completion of the useful life of the Meadow Road, estimated to be in 2008, the portion of the road on NFS lands will be decommissioned by obliteration and reclaimed. This reclamation will include the removing of drainage stmctures, re-contouring and reshaping the land to blend with the surrounding topography, and the area re-vegetated (see EA Supplement, Appendix C -Response to Comments and Errata). If MCC chooses not to develop the Meadow Road, then the result will be that no new road will be built. Such a choice by MCC would result in the No Action alternative, which would maintain the existing situation whereby the methane drainage pt'oject drilling traffic would continue to access the project site on existing State highways, roads within the Town of Paonia, Della County roads, and Forest System roads. The Meadow Road and the access route through [he Town of Paonia/Minnesota Creek corridor are depicted on Figure 7 of the EA supplement. This decision includes that MCC will continue to comply with dte stipulations attached to the federal coal lease (included in the EA Supplement as Appendix A), except where project-specifc exceptions have been granted, the Conditions of Approval (included in this document as Appendix A) and specific directions identified in the 2002 Panel 16 to 24 DN/FONSI. MCC's road use as approved in the 2002 Panel 16 to 24 DN/FONSI remains in effect and valid, including the existing approval for MCC to construct a road on the Sylvester Gulch side slopes following Forest Service acceptance of its final location and design. With respect to [he continued use of the existing route through the Town of Paonia and the Minnesota Creek corridor, some effects would continue to occur during the remaining five operating (drilling and reclamation) yeazs of the methane drainage project life. These impacts include: 1. Mine vehicle traffic could continue to affect residents in [he Town of Paonia and along the corridor of the Minnesota Creek Road until about 2008. 2. Continued wear and tear on existing Town, County and/or Forest roads 3. Dust and vehicle emissions along the traffic route will continue un[i12008 4. Loss of opportunity for MCC to decrease transportation costs and realize travel time savings for the methane drainage project by reducing travel distance. The activities authorized in this decision can be implemented tlu'ough issuance of this Decision Notice, making any needed revisions to MCC's existing road use pet'mit, and approval and/or modification of MCC's Annual Operating Plan (See Appendix A of this document). MCC is required to maintain any additional S[a[e or Federal pemuts as required by law. Reasons t'or the Decision Based on the environmental consequences disclosed in the EA Supplement (Sections 3A.2, 3A.3 and 3A.4), I chose not to approve the road constmction in the drainage bottom (WIZ) of Sylvester Gulch because unacceptable damage to water and riparian resources; and wildlife habitat aze likely to occur. Specifically, the analysis concludes among other effects that building the road in the drainage bottom of Sylvester Gulch could effect the stability of the slopes Page 5