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Chapter 8 Response fo Comments Comment Response 2_13 Based on additional information provided by MCC, the Final EIS has been updated 2_]Q A space was added after the punctuation to separate the sentences. 2_lrj Edits were made to repair these sentences. 2,_1( Section 3.3.3.1 is the affected environment discussion for surface water resources that may be affected by the proposed action. The experience in the area of similar activities effects on surface water resources is appropriately included in the Environmental Consequences discussion in Section 3.3.4. 2,_1'] Edit made. 2_18 Edit made. 2-19 Edit made. 2_20 The Forest Service acknowledges that changing circumstances with respect to the Roadless Area Conservation Rule, and has updated the Final EIS to the current situation. 2_21 Edit made. 2_22, The Forest Service has updated the subsidence report information with this change in panel width. An addendum has been added to Agapito Associates subsidence report (Appendix B of theE1S). 2_23 The Canada Lynx Conservation Strategy (LCAS) was prepared in response to [he uncertain status of Canada lynx populations and habitat in [he conterminous US (see page 6-4 of the EIS for a reference). The LCAS was part of amulti-agency effort that included the FWS, BLM, Forest Service and National Park Service to devise measures for conserving Canada lynx on Federal lands. The LCAS recommends conservation measures that could be taken to remove or minimize risks to Canada lynx and their habitat. It was developed to provide a consistent and effective approach to Canada lynx conservation on Federal lands. The multi-agency effort also developed Conservation Agreements. As part of a Conservation Agreement, the Forest Service agreed (in part) to map lynx habitat on NFS lands and update Forest Plans for lynx. The Forest Service also agreed to review and consider new information on the Canada lynx included in the LCAS and a third document prepared by the multi-agency effort known as [he Science Report, along with local information on lynx to ensure compliance with applicable federal laws for projects proposed by third parties. As the Dry Fork LBA is a project initiated by a third party, the Forest Service must perform the analysis considering the LCAS to fulfill obligations made in the Conservation Agreement with the FWS. The Coal Unsuitability Analysis for the Dry Fork LBA (Appendix A, EIS) showed that conservation measures for lynx would be needed. In their regulatory review of the Unsuitability Analysis, the FWS concurred with the Forest Service and BLM findings (letter, project file). A stipulation for lynx was not included in the West Flatiron lease (located about 2 miles north of the Dry Fork LBA) because the reasonably foreseeable mine plan and surface use scenario for the West Flatiron lease area did not identify surface uses would be necessary or feasible, therefore a stipulation was not determined to be necessary (West Flatiron EA, Appendix A-Unsuitability Analysis Report, 2003) 2,_2,t~ This section refers to "potential" stipulations. The Forest Service Record of Decision will detail the stipulations included as part of the decision. Stipulations in the Recreation and Land Use section were taken from suggestions made in the Subsidence Evaluation prepared by Agapito and Associates for this EIS (see EIS, Appendix B, Section 7-6). While certain mitigations would be identified by CDMG during the mine permitting stage (assuming that leasing the Dry Fork LBA is approved, and assuming that the lease is purchased at a lease sale), at the leasing stage the Forest Service identifies protections for non-coal resources (Section L3, EIS), including protections for other permitted uses and facilities on NFS lands. All mitigations that may be possible must be disclosed, even if the agency does not have [he regulatory authority to enforce them. Therefore, as shown on page C-6 of the EIS, it was noted that the Forest Service could not enforce these stipulations. Dry Fork Lease-By-App!lcatron FElS 8-9