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GENERAL46521
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Last modified
8/24/2016 8:20:20 PM
Creation date
11/23/2007 2:42:40 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981022
IBM Index Class Name
General Documents
Doc Date
4/10/2000
Doc Name
RECORD OF DECISION NORTH FORK COAL ELK CREEK COAL LEASE TRACT COC 61357
Permit Index Doc Type
GENERAL CORRESPONDENCE
Media Type
D
Archive
No
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March 2000 Record of Decision Page 20 <br />VII. FINDINGS REQUIRED BY OTHER LAWS <br />Numerous laws require that decisions be consistent with their provisions. The Final EIS and <br />ROD complies or is consistent with all applicable laws including but not limited to those listed <br />below. In addition, a number of federal, state, and local permits and approvals would be <br />required for actual mining of the coal in the Elk Creek Coal Lease Tract. See Appendix B, <br />Agency Jurisdictions (Permits and Approvals), in the Final EIS. <br />A. National Forest Management Act (16 USC 1600 et seq.): The Grand <br />Mesa-Uncompahgre-Gunnison National Forests Land and Resource Management Plan (Forest <br />Plan) was approved September 29, 1983 as required by this Act. The Forest Plan was <br />amended September 23, 1991. The Forest Plan provides direction and guidance for all <br />resource management activities on the Forest. This management direction is achieved through <br />the establishment of Forest goals and objectives, standards and guidelines, and Management <br />Unit direction. Project implementation consistent with this direction is the process by which we <br />move toward the desired condition described by the Forest Plan. Forest Plan direction provides <br />the sideboards for project planning. The Final EIS displays the Forest Plan and Management <br />Unit goals and objectives and the standards and guidelines applicable to the Elk Creek Coal <br />Lease Tract (Final EIS, Section 1.6.2). The alternative development process and the <br />management goals of the alternatives are described in the Final EIS, Chapter 2, while the <br />environmental consequences of the alternatives are displayed in the Final EIS, Chapter 3. The <br />decision is consistent with Forest Plan direction. <br />B. Federal Land Policy and Management Act of 1976: This Act allows the granting of land <br />use permits on National Forest System lands. The regulations at Code of Federal Regulations <br />Title 36 Part 251 (36 CFR 251) guide the issuance of permits under this Act. Land use permits <br />are granted on National Forest System lands when the need for such is consistent with planned <br />uses. The decision is consistent with this Act. <br />C. National Environmental Policy Act of 1969 (NEPA) The analysis in support of my <br />decisions was performed under the authorization and regulations set forth in NEPA. Due NEPA <br />process was followed including public scoping (Final EIS, Section 1.7 and Section IV of this <br />ROD), identification of issues (Final EIS, Section 1.8 and Section V of this ROD), development <br />of alternatives (Final EIS, Section 2.0 and Section VI of this ROD), disclosure of environmental <br />consequences (Final EIS, Chapter 3), and public comment (Final EIS, Volume 2, Appendix O <br />and Section IV of this ROD). The entirety of documentation for this project supports <br />compliance with this Act. <br />D. Mineral Leasing Act of 1920, as Amended by Federal Coal Leasing Amendments Act <br />of 1975: The proposed leasing actions of the proposed action were processed and analyzed in <br />accordance with the Mineral Leasing Act 1920, as amended by the Federal Coal Leasing <br />Amendments Act of 1975 and other laws. The Mineral Leasing Act authorizes BLM to process, <br />issue, and administer coal leases in accordance with other appropriate laws, regulations and <br />authorities. It requires consent of the surface management agency for leasing and provides for <br />the surface management agency to require such conditions as it may prescribe with respect to <br />the use and protection of the non-mineral interests in those lands. In regard to the proposed <br />actions, the Forest Service is the surface management agency. The decision is consistent with <br />these authorities. <br />Forest Service -Elk Creek Coal Lease Tract <br />
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