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Chapter 8 <br />Response to Comments <br />LETTER 1 - DEPARTMENT OF THE INTERIOR <br />~~ <br />~~ <br />Comment Response <br />]_] As reflected on page 1-7, additional NEPA would be completed if post-lease ground <br />disturbing activities were proposed. This effort would include additional consultation with the <br />US Fish and Wildlife Service. In addition, the GMUG has recently received a programmatic <br />Biological Opinion for water depletions related to mining activities (ES/GJ-6-CO-99-033- <br />CP062, May 25, 2005). Further, the coal lease wilt have the standard Notice for Lands of the <br />National Forest System Under Jurisdiction of the Department of Agriculture (R2-FS-2830- <br />l3(92) attached. This Notice contains language that alerts the Lessee of the need for lease <br />activities to comply with the ESA of 1973 (EIS, Appendix C). <br />The GMUG also initiated formal consultation with the FWS for this project in June 2005. <br />This consultation included a programmatic consultation for potential post-lease surface use up <br />to a certain acreage threshold. If activities the lease is offered for sale, and purchased, and if <br />post-lease surface use occurs, then no further consultation would be needed so long as surface <br />disturbing activities were within the acreage threshold established in the Biological Opinion <br />(project file). <br />Dry Fork Lease-By-Application FEIS <br />8-3 <br />