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Jul 20 O1 11:52a PRONIR RRtiGER DISTRICT 970-527-4151 <br />L J <br />The GMUG roads engineering staff have conducted numerous site visits for proposal <br />review. See Attachment B far road and pad construction and maintenance conditions of <br />approval. <br />V. REASONS FOR CATEGORICALLY EXCLUDING THE PROPOSED <br />ACTION <br />It was determined that public disclosure under a Categorical Exclusion (CE) was <br />adequate because prior NEPA analyses for sirrrilaz activity in the same azea was available, <br />and because newly affected surface resources aze minunal. <br />The proposed action falls under category 8, section 31.2 of the Forest Service Handbook <br />1909. l5 - Environmentat Policy and Procedures Handbook, which states "short-term <br />(one year or less) mineral, energy, or geophysical investigations and their incidental <br />support activities that may require cross-country travel by vehicles and equipment, <br />construction of Iess than one mile of low standazd road, [o]r use and minor repair of <br />existing roads" maybe excluded from documentation in an E1S or an EA. <br />This analysis also references the NEPA completed for federal coal leases C-1362 and <br />COC-56447. The azea proposed for this GVB drilling and access Lies within lands <br />currently under lease for coal mining to MCC. These leases were evaluated under NEPA <br />• and approved in the DN/FONSI for Coal Lease Application COC-56447 (March 1995) <br />and the DM for the Coal Lease Readjustment for lease C-1362 (January 1997). Each of <br />fhe leases contains stipulations for surface use and access. Any surface activity proposed <br />will follow the terms of the lease stipulations. The lease stipulations are incorporated <br />into this decision memo. <br />Vl. FINDING OF NO EXTRAORDINARY CIRCUMSTANCES <br />Extraordinary circumstances include, but aze not limited to, ground disturbing action in <br />the presence of steep slopes or highly crosivc soils; threatened or endangered species and <br />their critical habitat; Flood plains; wetlands; or municipal watersheds; Congressionally <br />designated aeeas such as wildemess, wilderness study area, Research Natural areas; or <br />Native American religious or cultural sites, azchaeological sites, or historic properties or <br />areas. ' <br />The area underlies an inventoried roadless azea (Il2.A). According to the Roadless Area <br />Conservation Rule (January 12, 2001), lands that were under mineral lease at the time the <br />rule was published in the federal register are exempt from the rule, The lands involved <br />halve been under lease since 1962 and 1995 so aze considered "valid existing rights" <br />under the Roads Area Conservation Rule. <br />This action does not involve any extraordinary circumstances. Therefore, this action can <br />be categorically excluded from documentation in an cnvironmcnta] asscssmctlt or <br />. environmental impact statement. <br />p.5 <br />