2008-03-10_GENERAL DOCUMENTS - C1980007

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~;i My decision to concur to the mine plan modification fulfills the Federal Government's policy to foster and encourage mineral development (Mining and Mineral Policy Act of 1970), the Federal Land and Management Policy Act (FLPMA), and complies with the GMUG Forest Plan direction. Coal in the North Fork Valley is desirable because it is considered "compliance coal" under the Clean Air Act emissions standards. The coal from the area is low sulfur, low ash, and has high burning capabilities. Facilitating its recovery is beneficial to the energy needs of the country. Identification of the Environmental Documents Considered in Making the Decision This decision was made after carefully considering the contents of the EIS, public comments, agency response to comments, and the supporting project record. The GMUG Forest Plan was reviewed and this decision is determined to be consistent with it (EIS, Chapter 1 Authorizing Actions, Forest Plan). The numerous other environmental documents (EIS, Chapter 1, Other Analysis Completed in the Vicinity of the Project Area) prepared for activities in the area were also consulted. . How Considerations Were Weighed And Balanced In Arriving At The Decision The resource impact analyses presented in the EIS (Chapter 3, and summarized in Table 2-3) shows potential impacts to surface resources which are minimized by using Design Criteria for the action given in Appendix C. Further, I considered the rights of the coal lessee conveyed under the federal coal lease, as well as the needs to comply with other agency requirements. I have also considered Executive Order 13212, which directs federal agencies to take steps to increase the energy supply to our nation, and the Energy Policy Act of 2005. The E Seam MDW Project will result in about 2.3 miles of temporary road construction in the West Elk IRA. I understand that many interested parties are concerned about any development in (IRA). Road construction activities in IRAs are currently managed under the direction of the 2001 RACR,.as reinstated by the 9`h District Court for the Northern District of California (FEIS, pp. 7-8). The temporary road construction activities in the IRA included in this project are consistent with the 2001 RACR, as this construction is allowable under Exception 7 to the 2001 RACR (roads needed for the continuation, extension, renewal of a mineral lease on lands that were under lease as of January 12, 2001) since the leases involved were issued prior to 2001 (C-1362 dates to 1967 and COC-56447 dates to 1995, see FEIS, pp.5-6). No road construction in the IRA portions of Federal Coal Lease COC-67232 (effective March 1, 2007) or in the modified portions of leases C-1362 and COC-56447 (both dated October 9, 2001) is included in the E Seam MDW Project, see Appendix B -Decision Map. Consistent with requirements of the RACR, all temporary roads constructed in the IRA for the purposes of this project will be reclaimed by full obliteration including recontouring and revegetation when no longer needed to access MDWs. Further, the roads will only be open during project use to the proponent and for administrative purposes (i.e., no public access). See Appendix C of this document or Table 2-1, Design Criteria in the FEIS for information on Roads and Roads in Inventoried Roadless Area, and other resources to see measures that will be taken to minimize effects in the IRA. In addition, this area (as described in Chapter 3 of the FEIS, Inventoried Roadless Areas) has been affected by both road construction and other uses. The portion of the West Elk IRA where the project area is located has seen the construction of approximately 30 miles of road since 1979 and was not deemed suitable for inclusion in the Colorado Wilderness Act of 1980, nor was it considered suitable in the 2005 Roadless Inventory and Evaluation of Potential Wilderness Areas (GMUG, 2005) due to compromised quality and management of roadless character. 9