REV98716 - Laserfiche WebLink

Home Browse Search

Exceptions to certain criteria ~w areas to be considered further ~n though they have been determined to be unsuitable. These exceptions to the criteria are noted where applied. ANALYSIS OF THE UNSUITABILITY CRITERIA Exemptions to the criteria are not described as no exemptions were determined to apply. Exceptions to the criteria are described only if they apply. Criterion 1 All Federal lands included in the following land systems or categories shall be considered unsuitable: National Park System, National Wildlife Refuge System, National System of Trails, National Wilderness Preservation System, National Wild and Scenic Rivers System, National Recreation Areas, lands acquired with money derived from the Land and Water Conservation Fund, National Forests, and federal lands in incorporated cities, towns, and villages. Analysis No lands in these systems or categories exist within the review area. Criterion 2 Federal lands that are within rights-of-way or easements or within surface leases for residential, commercial, industrial, or other public purposes, on federally-owned surface shall be considered unsuitable. Exceptions. A lease may be issued, and mining operations approved, in such areas if the surface management agency determines that (i) all or certain types of coal development (e.g., underground mining) will not interfere with the purpose of the right-of-way or easement, or (ii) the right-of-way or easement was granted for mining purposes, or (iii) the right-of-way or easement was issued for a purpose for which it is not being used, or (iv) the parties involved in the right-of-way or easement agree, in writing, to leasing, or (v) it is impractical to exclude such areas due to the location of coal and method of mining and such areas or uses can be protected through appropriate stipulations. Analysis There are no rights-of-way, easements, or surface leases within the review area. Criterion 3 Federal lands affected by section 522(e)(4) and (5) of the Surface Mining Control and Reclamation Act of 1977 shall be considered unsuitable. This includes lands within 100 feet of the outside line of the right-of-way of a public road, or within 100 feet of a cemetery, or within 300 feet of any public building, school, church, community or institutional building or public park, or within 300 feet of an occupied dwelling. ,,..,,.