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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 similar activity in the same area was available, <br />and because no new surface resources would be affected. <br />The proposed action falls under category 3, section 31.2 of the Forest Service Handbook, <br />1909.15 -Environmental 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 less than one mile of low standard road, [o]r ttse and minor repair of <br />existing roads" may be excluded from documentation in an EIS or an EA. <br />In addition, drilling activity and road use at the specific locations proposed in this action <br />has been previously documented and approved under earlier NEPA analyses including <br />the Decision Notice(Finding of No Significant Impact (DN/FONSI) for MCC, Coal <br />Exploration License COC-4360 (June 1993), the decision memo (DM) for MCCs 1994 <br />Exploration Program (August 1994) which approved use of site S (which was drilled as <br />site 96-27-1), and the DI~t for MCCs 1995 Exploration Program (September 1990 which <br />approved use of site X (which was drilled as site RAV-10). <br />This analysis also references the NEPA completed for Federal coal leases C-1362 and • <br />COC-56447. The area 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 />the leases contains stipulations for surface use and access. Any surface activity proposed <br />will follow the terms of the stipulations. <br />VI. FINDING OF NO EXTR40RDINARY CIRCUMSTANCES <br />Extraordinary circumstances include, but are not limited to, ground disturbing action in <br />the presence of steep slopes or highly erosive soils; threatened or endangered species and <br />their critical habitat; flood plains; wetlands; or municipal watersheds; Congressionally <br />designated areas such as wilderness, wildemess study area, Research Natural areas; or <br />Native American religious or cultural sites, archaeological sites, or historic properties or <br />areas. <br />The area underlies an inventoried roadless azea (IRA). 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 />have been under lease since 1962 and 1995. <br /> <br />