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United States Forest Grand Mesa, 2250 Highway 50 <br />USDA Department of Service Uncompahgre and Delta, CO 81416 <br /> Agriculture Gunnison Voice: 970-874-6600 <br /> National Forests TDD: 970-874-6660 <br />• <br /> File Code: 2820-4 <br /> Q ~ ,,, ~ S'! „ ~ /~ ®~ ~ <br />t <br />G E Date: August 17, 2007 <br /> , <br /> Dear Interested Party: <br />Enclosed is the Grand Mesa, Uncompahgre and Gunnison National Forests (GMUG) Record of <br />Decision (ROD) on Mountain Coal Company's (MCC) Deer Creek Shaft (and Escapeway) <br />project. The ROD identifies that the GMUG will concur with an Office of Surface Mining <br />Reclamation and Enforcement Mining Plan Modification that will approve the construction, <br />operation and maintenance of the Deer Creek Shaft (and Escapeway) for MCCs West Elk Mine <br />in Gumiison County. <br />The GMUG ROD brings forward the post-mining land uses (desired conditions of the area), and <br />enviromnental protections for the surface resources. The environmental effects of the <br />shaft/escapeway were disclosed in the Deer Creek Shaft and E Seam Methane Drainage Wells <br />Project Final Environmental Impact Statement (FEIS), which you should have received recently <br />under separate cover. The Notice of Availability of the FEIS appeared in the Federal Register on <br />Friday, August 17, 2007. The GMUG is not deciding on the E Seam Methane Drainage Wells at <br />this time. <br />This decision is subject to administrative review pursuant to Federal Regulations at 36 CFR <br />• 215.11. Appeals (including attachments) must be in writing and filed (regular mail, fax, e-mail, <br />baud-delivery, express delivery, or miesseriger se.-rice) with the Appeal Deciding Officer (§ <br />215.8) within 45 days following the date of publication of the legal notice. The publication date <br />of the legal notice in the Grand Junction Daily Sentinel is the exclusive means for calculating the <br />time to file an appeal (§ 215.15 (a)). Those wishing to appeal should not rely upon dates or <br />timefi~ame information provided by any other source. Pursuant to 36 CFR 215.13 (b), only those <br />individuals or organizations who submitted substantive comments during the comment period <br />may file an appeal. <br />The address for filing appeals is: <br />USDA, Forest Service, Region 2 <br />Attn: Appeal Deciding Officer <br />740 Simms Street <br />Golden, CO, 80401. <br />Fax: 303-275-5134 to the attention of Appeals; <br />Email: meals-rocky-mountain-regional-office(q fs.fed.us; <br />It is an appellant's responsibility to provide sufficient activity-specific evidence and rationale, <br />focusing on the decision, to show why the Responsible Official's decision should be reversed. <br />• At a minimum, an appeal must include the following {§21.14{b)}: {1) Appellant's name and <br />address, with a telephone number, if available; (2) Signature or other verification of authorship <br />ups i <br />Caring for the Land and Serving People Primed on ae~>~~i>a aave~ ~~'' <br />