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March 2000 Record of Decision Page 2 <br />I. INTRODUCTION <br />Background <br />In November of 1997, Oxbow Mining (Oxbow) filed a coal lease application with the U.S. <br />Department of the Interior, Bureau of Land Management (BLM), Colorado State Office, for <br />lands located in Delta and Gunnison counties, Colorado. Oxbow's coal lease application was <br />amended by the BLM during tract delineation. The Elk Creek Coal Lease Tract contains a <br />mixture of federal (BLM and U.S. Department of Agriculture, Forest Service, Grand Mesa- <br />Uncompahgre-Gunnison National Forests) and private surface ownership. The coal is federally <br />owned. Figure 1, General Location Map, show the general location of the tract area. Figure 2, <br />Elk Creek Coal Lease Tract show the area in more specific detail. <br />Three federal coal applications were pending before the agencies: the Iron Point Exploration <br />license application (COC-61945), the Iron Point Coal Lease Tract Application (COC-61209) and <br />the Elk Creek Coal Lease Tract Application (COC-61357). The BLM and the Forest Service <br />determined that the requirements of the National Environmental Policy Act (NEPA) would be <br />best served by preparing a consolidated Environmental Impact Statement (EIS) on the three <br />actions. The BLM and Forest Service are joint lead agencies for the document. The <br />Department of the Interior, Office of Surface Mining is a cooperating agency. <br />The North Fork Coal Draft EIS was made available to the U.S. Environmental Protection <br />Agency (EPA) and the general public on September 3, 1999, and Notice of Availability for the <br />Draft EIS was published in the Federal Register on that same date. The formal comment <br />period on the Draft EIS ended on November 3, 1999. The Final EIS was made available to <br />EPA and the public on February 25, 2000. The Notice of Availability for the Final EIS was <br />published in the Federal Register on that same date. <br />Decisions to be Made/Authorities <br />This Record of Decision (ROD) documents findings specific to actions related to leasing, <br />through the Lease-by-Application (LBA) process, for the Elk Creek Coal Lease Tract. This <br />action was analyzed in the North Fork Coal Final EIS. This ROD documents BLM decisions <br />including terms and conditions for leasing lands for underground coal mining activities on <br />unleased federal coal. <br />The Forest Service participated in the analysis as a joint lead agency. The Forest Supervisor of <br />the GMUG will document his respective decisions with regard to this leasing in a separate and <br />distinct ROD. The Forest Supervisor must decide whether or not to consent to the BLM. <br />With this ROD, the Colorado State Director of the BLM is the NEPA responsible signatory <br />official for the BLM and will decide whether or not to offer the Elk Creek Coal Lease Tract for <br />competitive leasing under the Federal Coal Leasing Amendments Act of 1975. The BLM <br />Uncompahgre Field Office Manager was responsible for the preparation of the EIS and <br />provided the State Director with briefings and recommendations. <br />The decisions are in accordance with the Federal Coal Leasing Amendments Act of 1975 <br />(MLA), and the federal regulations at 43 CFR 3400. The decisions do not encompass all <br />resource management practices that may occur within the project area. Previous <br />environmental documents, past and ongoing activities, and reasonably foreseeable activities <br />were identified and included in cumulative effects analyses presented in the Final EIS. Future <br />BLM -Elk Creek Coal Lease Tract <br />