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of the drai sagation, altering the existing s iface drainage system a~d ground wa`ter~regime,includingea smallrces by increasing which s p ov ding w Idhfe habit t tha[i t is es[mmated tocake at least 50 yearsst ltrem n to a preldisturban getanon comply withdtheacoal lease stipulations (Appendix A of ghe EA Supplemeent) that prohibit surface oc oupaney root ppotect on of nparianoesourcest(LtRMP, P°age III-248 andt244)O Therefore, have Rchosenca oursegof actionlan for dorectiont Granting an exception to thetcoal lease sripnlation for ripari nroccupancy n this [case would crew eP unacceptable risks for environmental damage foredamaf e to Foresttroesourcestfor a shorto-[etm use and for which approve an action that would likely cause long- g . the success of mitigations being able to return the area to present conditions is uncertain. Sectioe0s2L3.2 and 2 3 2)EIn the DN/FONSI issued for that EA Sthe Regionall Fo esteodid nop approve a roadA alignment in the Sylvester Gulch drainage bottom within the WIZ, and did not grant an exception to the coal lease stipulation for riparian area occupancy for the Sylvester Gulch road (Panel 16 to 24 DN/FONSI, Section II.2 an roved [o preserve the riparian vegetation and II.4D). In that decision, a route on the canyon sideslopes was app osals for road habitat in Sylvester Gulch. This decision is consistent with the 2002 Regional Foreceeect d propn My decision rs also consistent with the on-going position of the Forest Service that has previously j construction in the WIZ of Sylvester Gulch (Letters to MCC, Febmary 2002 and November 2002). I considered the effects on people in the area. I acknowledge that members of dte public, specifically those residents of Paonia and along Minnesota Creek road have been affected by drilling and operational traffic since 2000. The drilling project traffic will impart an effect on traffic in the Town of Paonia estimated to be a 4% increase on t e seasons, and would travel route (Second Street) for the 5 month drilling s eriod at the end of the Minne5orta Creek road by greater than increase the total amount of traffic dieing this same p roe/d is estimat d to be about 10 passeseper daysastcomparedtt the olver 8 O` passes per day with nt h eTown of Paottia limits (Delta County, 1999). pn'vate landthHowevercapproving use of [heexisaing Meadow Road on the National Forest will require mimmaC' 's surface disturbance associated with road maintenance in order to accommodate larger vehicles and will not require any exceptions to the lease stipulations for surface occupancy of NFS land. This decision does not affect MCC's ability to access the methane drainage drilling project area, nor affect MCC's ability to implement the approved portions of the methane drainage project. MCC has three road access options Paonialand a o g the Minnesota Crreek cotrtdoro, andeonstructing aroute on the SylvestertGulch ssdeslopeown of Construction of the Sylvester Road in the bottom of the drainage is unwarranted in light of the existence of alternate routes. B. Box Canyon Coal Methane Drainage Wells and Temporary Road Decision I have decided to approve drill pads 18-04/05, 18-03 and ]9-05106, and 2,000 feet of temporary road from the Forest Boundary south to the location of the reclaimed Sant 2a r~ro edt an Dlocation specific ex eptionOto the No spur access road to reach pad MDW 18-03. I am also g g P ~ J Surface Occupancy Stipulation for Riparian Areas for constmction of about 1, 400 feet of the Box Canyon stipulations are approved in thiscdecision.rThe app o0ved drill pads, MDW s and length of road are displayedton Map 1. Page 6