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Doc Date:17/11/2001 III IIIIIIIIIIiII III sss • U.S. DEPARTMENT OF THE INTERIOR OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT FINDING OF NO SIGNIFICANT IMPACT FOR West Elk Mine Federal Lease COC-54558 Mining Plan Decision Document A. Introduction Mountain Coal Company submitted a permit application package (PAP) for a permit revision for the West Elk Mine to the Colorado Division of Minerals and Geology (DMG) under the Colorado State program (30 CFR Part 906). The PAP proposes extending underground mining operations into the 1,012-acre Federal lease COC-54558. Under the Mineral Leasing Act of 1920, the Assistant Secretary, Land and Minerals Management, must approve, approve with conditions, or disapprove the mining plan for Federal lease COC-54558. Pursuant to 30 CFR Part 746, the Office of Surface Mining Reclamation and Enforcement (OSM) is recommending approval of this mining plan. B. Statement of Environmental Significance of the Proposed Action • The undersigned person has determined that the above-named proposed action would not have a significant impact on the quality of the human environment under section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4332(2)(C), and therefore, an environmental impact statement is not required. This finding of no significant impact is based on the attached environmental assessment (EA) prepared in September 1993 by the Bureau of Land Management in cooperation with OSM for the leasing and mining plan approval actions for Federal lease COC-5455£. The EF. addresses the environmental impacts resulting from the issuance of Federal lease COC-54558 and approval of the mining plan. [JO surface facilities or disturbance are proposed in the mining plan except surface disturbance due to mining-induced subsidence. OSM reviewed the proposed mining play. and determined that the mining-induced subsidence o~ould not adversely affect bald or golden eagle nests th~it may be established in the area, the breeding and nesting habitat of the Loggerhead shrike, or any areas overlain by the Fughes loam soil series. The U.S. Fish and Ldildlife Service determined in its Final Biological Opinion dated June 30, 1994, that there would be no jeopardy to endangered species if West Elk Coal • Company contributes $2ii.U1 to a fund for protection of endangered fishes. A condition of mining plan approval requires such contribution.