2008-03-10_GENERAL DOCUMENTS - C1980007

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Mining and Minerals Policy Act of 1970. This Act declared it would be the continuing policy of the Federal government and in the national interest to foster and encourage private enterprise in the development of economically sound and stable domestic mining industries, and the orderly and economic development of domestic mineral resources (EIS, Chapter 1). This decision is consistent with this Act. Mineral Leasing Act of 1920, as Amended by the Federal Coal Leasing Amendments Act of 1975. These Acts authorize the federal agencies to lease coal reserves (EIS, Chapter 1). The federal coal leases involved with this action C-1362, COC-56447 and COC-67232 were issued, readjusted and/or modified in compliance with this Act. This Act also recognized the surface managing agency's role in coal leasing actions, and operating and reclamation plan actions. This decision is consistent with these Acts. Surface Mining Control and Reclamation Act, and the Colorado Surface Coal Mining Reclamation Act. This Act established the framework for regulating coal mining activities in the US. The Office of Surface Mining oversees implementation of this Act under approved State programs. The Act and the Colorado rules recognize a specific role for the federal land management agency to participate in the permitting process for coal mines as applicable, and provide the agency a concurrence role for coal mining related activities on federal lands. The Acts also identify the federal land management agency role in prescribing protections for non-coal resources, and identifying the post-mining land use. The decision framework for this action involves the Forest Service serving its role as the federal land management agency in the State DRMS and OSM permitting process by providing concurrence to OSM recommending approval for the project, identifying protections for non-coal resources and the post- mining land use. My decision complies with these Acts. National Historic Preservation Act: This decision complies with the provisions of this Act and the American Indian Religious Freedom Act. Native American interests were consulted during this project (EIS, Table 2-2 and Chapter 3}. The project record and field reviews support that no cultural or historic sites would be affected by this decision (EIS, Chapter 3, and project file). When implementing the decision, any previously unidentified sites inadvertently discovered would be avoided or mitigated so there would be no effect upon them per stipulations on federal coal leases C-1362, COC-56447 and COC- 67232 (see Appendix C of this ROD). Endan erg ed Species Act: The US Fish and Wildlife Service was consulted in this environmental analysis process. A Biological Assessment (BA) was prepared for this decision (EIS, Chapter 3, Wildlife, and Project File). All known endangered or threatened species were considered in the BA. The BA was submitted to FWS for concurrence on Canada lynx, bald eagle winter foraging habitat (now delisted) and water depletions as they relate to the four big river fishes. In their concurrence letter, the FWS stated they concurred with our' findings on "may affect, not likely to adversely affect" bald eagle, "may affect, not likely to adversely affect" Canada Lynx, and confirmed earlier programmatic consultation on water depletion quantities associated with the big river fish. The Design Criteria (Appendix C) bring forward needed protections for lynx habitat consistent with stipulations on the federal coal leases that resulted from consultations acquired at the leasing stage. If additional findings regarding threatened or endangered, proposed or sensitive species are discovered, a new biological assessment or evaluation will be written, and any mitigation incorporated into Design Criteria. National Environmental Policy Act: The documentation for this project supports compliance with this Act. 13