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Gecemk;er i. ?~t73 Appendix A Page A-2
<br />1. Exceptions. (i) A lease may be issued within the boundaries of any National Forest if the
<br />Secretary finds no significant recreational, timber, economic or other values which maybe incompatible
<br />with the lease; and (A) surface operations and impacts are incident to an underground coal mine, or (B)
<br />where the Secretary of Agriculture determines, with respect to lands which do not have significant forest
<br />cover within those National Forests west of the Meridian, that surface mining may be in compliance with
<br />the Multiple-Use Sustained-Yield Act of 1960, the Federal Coal Leasing Amendments Act of 1976 and the
<br />Surface Mining Control and Reclamation Act of 1977.
<br />Analvsis ,
<br />The lands within Sections 13 and 24, T13S, R90W, 6th PM were proclaimed National Forest on June 6,
<br />1905 and are within the Gunnison National Forest. Conditions under which coal leasing may occur are
<br />listed in the Amended Land and Resource Management Plan (LRMP), Grand Mesa, Uncompahgre and
<br />Gunnison National Forests -General Direction on pages III-62 through III-70 and in the Grand Mesa,
<br />Uncompahgre and Gunnison National Forests Oil and Gas Leasing Environmental Impact Statement to
<br />which the LRMP tiers.
<br />The stipulations set forth in these documents will protect specific resources which are found on the lease,
<br />and thereby satisfy the condition that the "Secretary finds no significant recreational, timber, economic or
<br />other values which may be incompatible with the lease." In addition, surface operations and impacts are
<br />incident to an underground coal mine.
<br />Criterion 2
<br />Federal lands that are within rights-of-way or easements or within surface leases for residential,
<br />commercial, industrial, or other public purposes, on federally-owned surface shall be considered
<br />unsuitable.
<br />Exceptions. A lease may be issued, and mining operations approved, in such areas if the surface
<br />management agency determines that (i) all or certain types of coal development (e.g., underground
<br />mining) will not interfere with the purpose of the right-of-way or easement, or (ii) the right-of-way or
<br />easement was granted for mining purposes, or (iii) the right-of-way or easement was issued for a
<br />purpose for which it is not being used, or (iv) the parties involved in the right-of-way or easement
<br />agree, in writing, to leasing, or (v) it is impractical to exclude such areas due to the location of coal
<br />and method of mining and such areas or uses can be protected through appropriate stipulations.
<br />Analvsis
<br />There is a General Land Office Order, 6/1/1910, which classifies the lands within the application area for
<br />coal. The lands are also within the Paonia-Somerset Known Recoverable Resource Area, COC-20093.
<br />There are no rights-of-way, easements or surface leases for residential, commercial, industrial, or other
<br />public purposes within the review area.
<br />Criterion 3
<br />Federal lands affected by section 522(e)(4) and (5) of the Surface Mining Control and Reclamation Act of
<br />1977 shall be considered unsuitable. This includes lands within 100 feet of the outside line of the right-of-
<br />way of a public road, or within 100 feet of a cemetery, or within 300 feet of any public building, school,
<br />church, community or institutional building or public park, or within 300 feet of an occupied dwelling.
<br />1. Exceptions. A lease may be issued for lands (i) used as mine access roads or haulage roads that
<br />join the right-of-way for a public road, (ii) for which the Office of Surtace Mining Reclamation and
<br />Enforcement has issued a permit to have public roads relocated,(iii) if, after public notice and
<br />opportunity for public hearing in the locality, a written finding is made by the Authorized Officer that
<br />Env'rranmentet assessment
<br />1Nesi Flatiron ! ~P. Tract
<br />Gisnniscn County, Colnracl~
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