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9-03-1999 12:20PM FROM ENG. WEST ELK MINE 970 9295050 p_2 <br />Decision Notice <br />and <br />Finding of No Significant Impact <br />Mountain Coal Company <br />Coal Lease Application COC-56447 <br />Introduction <br />Motmtain Coal Company applied to the Bureau of Land Management (BLM) for a <br />coal lease on March 11, 1994. The lease tract, ]rnovn as the Sox Canyon tract, <br />vas assigned serial number COC-56447 by the BI2S. The application was submitted <br />under the Hineral Leasing Aet of 1920, Federal Coal Leasing Amendments Aet of <br />1976, sad BIM regulations (43 CFR 3420). The coal reserves are managed by the <br />Montrose District Office of the BLM. The Forest Service has the responsibility <br />to manage the surface resources of That part of the lease tract that is <br />National Forest System lands. The Forest Service manages the surface on <br />approximately 2,365 acres of ehe 2,769.67 sere Box Canyon tract. <br />The Box Ca[ryon tract is located in the vicinity of Somerset, Colorado, <br />approximately twelve miles northeast of Paonia, Colorado. The National Forest <br />System lands contained oa the tract are located in Sectio_ns_ _1.4_,_22, 23, and 26 <br />of T.13S., R.90V., 6th PM. <br />The Forest Service decision to be made is whether to consent to the <br />issuance of the lease, and if so, what stipulations to apply. The Forest <br />Service vas granted consent authority with regard to ehe issuance of coal <br />leases with the passage of the Federal Coal Leasing Amendments Aet of 1976. <br />Under that Act, a coal lease may not be issued without the consent of the <br />s~ur£ace managing agency, i.e., the Forest Service in this ease, and sot without <br />including those conditions (stipulations) upon which consent i5 given. BLM <br />regulations at 43 CFR 3420.4-2(a) Coasnltation with surface management agencies <br />state: <br />The Secretary, for any proposed lease tract containing lands the surface of <br />which is under the jurisdiction of any agency other than the Department, <br />shall request that the agency: (1) Consent, if it has not already done so, <br />to the issuance of the lease (43 CFR 3400.3-1), and (2) if it consents, <br />prescribe the terms and conditions the Secretary will impose in any lease <br />which the head of the agency requires for the use and protection of <br />nonmineral interests in those lands. <br />The Regional Forester has delegated the authority to sign all decision <br />documents for mineral leases, i.e., consent co leases (Fozasc Service Manual <br />Chapter 2820, R2 Supplement No. 2800-94-1, 2822.04e) to the Forest Supervisor. <br />Forest Service Minerals Management Folicp <br />The availability of mineral and energy resources within the National <br />Forests and Grasslands significantly affeees the development, economic <br />growth, and defense of the Nation. The mission of the Forest Service in <br />relation to minerals management Ss to encourage, facilitate, and administer <br />the orderly exploration, development, and production of mineral and energy <br />resources on National Forest System lands to help meet the present and <br />future needs of the Nation. <br />The Forest Service administers its mineral program Co: ~~ <br />