PERMFILE128955

• Permit No: C1980007
• IBM Index Class Name: Permit File
• Doc Date: 3/4/2002
• Doc Name: USFS Statement of Fact
• Section_Exhibit Name: Exhibit 80 Drilling Activities - MR270
• Media Type: D
• Archive: No

• allowed them immediate use of roads across the Forest to access the area, and authorized them to
construct pads for drilling the boreholes.
Drilling and installing the boreholes required access across, and constructing drill pads on,
NFSL. Primary access was available on existing Forest roads, FDR 711 (Dry Fork of Minnesota
Creek) and FDR 711.2A (Apache Rocks). Snow plowing needed to occur on these roads, along
with road maintenance to accommodate drilling equipment. A portion of the access to the
primary drill site required upgrading an abandoned drill road. New spur access was needed to
reach some of the drill pads, and totaled about 1,00 feet of new disturbance. .
IV. RATIONALE FOR APPROVAL
The decision to allow MCC use of NFSL was based on several criteria which included: 1) the
area needing to be accessed lay within a Federal Coal lease held by MCC, 2) the azea needing to
be accessed lay within the State-approved permit azea for the West Elk Mine, 3) the potential for
impact to azchaeological sites and wildlife habitat was deemed low, 4) the potential local social
and economic impact that could occur should MCC not be allowed to evaluate and remedy the
situation, and ~) that MCC would be responsible for any reclamation measures needed to restore
the land.
Additional information for each of the above-mentioned items is provided below:
• 1. MCC holds several active Federal coal leases that give them right of entry to the coal
reserves. The azea accessed for the thermal event drilling lies within Federal Coal Lease C-1362.
This lease was readjusted in January 1997 based on requirements of the Federal Coal Leasing
Amendments Act (1975). At that time, the GMUG attached stipulations to the lease to bring it in
to conformance with the GMUG Forest Plan. At the time of lease readjustment, it was
acknowledged that, "[e]xploration...associated with coal mining could cause disturbances to
wintering elk and their habitat. All impacts will be mitigated after the application of
stipulations." The azea where the drilling took place lies within a zone where controlled surface
use (CSU) and timing stipulations aze in effect. The CSU stipulation allows for unscheduled
surface use in emergency situations, with notice and coordination with the Forest Service. The
timing stipulation disallows surface use from December 1 and Apri130, however it does provide
for surface use in emergency situations (including drilling) with authorization from the Forest
Service (Reference BLM, 1997). The District Wildlife Biologist was consulted at the onset of
the drilling project, and indicated that access and surface use would not have adverse impacts to
wildlife, including no affect on the lynx as the azea does not contain suitable habitat.
2. The Colorado Division of Minerals and Geology administers coal mining permits under the
authority of the Surface Mining Reclamation and Control Act of 1977. The area accessed for the
thermal event drilling lies within the State-approved permit azea for the West Elk Mine. The
mine permit requires the operator to adhere to performance and reclamation standazds enforced
by the State. Where the permit azea encompasses NFSL, Forest Service concurrence to the mine
permit is required. The GMUG has concurred to the current permit.