1993-11-05_GENERAL DOCUMENTS - C1981038

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Decision Rec t +��aia ' 9 �y _ 0 8 - 11 -013 Coal lease Application cation /C0053356 Environmental Analysis U-92-34 rr..._._ * i i : The recommendation is to offer for competitive lease 521.78 acres identified in the Roatcap Creek Coal .a' ct as a result of the Cyprus Orchard Valley Coal Corporatioh2oal'lepse tlpplicatlot! (C0053358) subject to the mitigating measures listed below. Relationship of the Decision to the Environmental Analysis (EA): Two alternatives were discussed in the EA. Alternative 1 considered leasing the coal in the Roatcap Creek Tract and Alternative 2 was to not lease the coal. The decision is to implement Alternative 1 by offering the application area for competitive lease. Rationale for Decision: The decision to allow the proposed action does not result in any undue or unnecessary environmental degradation and is consistent with the objectives of the Uncompahgre Basin RMP, approved in July, 1989. The mitigating measures will help ensure that environmental impacts addressed in the EA will be kept within acceptable limits. Other Factors Considered in the Decision: A. The Uinta Southwest Utah Coal Region is currently operating in a lease by application mode by decision o, the Director of the Bureau of Land Management. This coal lease application was processed using the procedures approved by Regional Coal Team for the Uinta Southwest Utah Coal Region. B. In accordance with established policies of the Department of the Interior, the adequacy of the available data was reviewed prior to initiating the EA for the lease application and found to be complete. C. Two people testified at the public hearing in Paonia on September 22, 1992. One person supported leasing the tract. The other person, one of the surface landowners, also supported coal leasing but was concerned about several large stock ponds in the area and wanted written agreements between himself and Cyprus to protect the ponds. The mitigation measures provide that all water rights will be protected. Four written comments were received, one said the mitigation measures would address the impacts and the other stated they did not have any comments. The Colorado Natural Areas Program requested they be notified by Cyprus Orchard Valley if surface disturbance occurs in suitable habitat for Penstemon mensarum or if a rare plant inventory is to be conducted. The fourth letter addressed concerns with the Cyprus Orchard Valley Corporation lease modification to coal lease COC37210. That letter will be answered in the environmental analysis for the modification (EA U-92-30)• Mitioatint) Measures: The following Mitigation Measures will be included as lease stipulations: A 1/8 mile buffer zone will be protected on either side of the riparian zones along East Roatcap Creek. No surface disturbances, except surface subsidence, will be permitted within these buffer zones unless no feasible alternatives exist. All unavoidable surface disturbances will require approval of the BLM's Authorized Officer. The BLM will coordinate with the Fish and Wildlife Service and the Colorado Division of Wildlife to determine the type and extent of allowable variances. Because the presence of Grand Mesa Penstemon has been documented in Hawksnest canyon, a Threatened and Endangered plant survey will be required prior to any surface disturbance. The lessee shall replace in a manner consistent with state law the water supply of any owner of a vested . water right which is proximately injured as a result of the mining activities. The lessee shall formulate a water replacement plan to replace the possible loss of water presently adjudicated and historically put to beneficial use in East Roatcap Creek and West Roadcap Creek. The water replacement plan for each respective drainage shall be developed after consultation with affected water right users, and federal and state authorities, and shall be approved by state authorities before mining in the drainage.