2008-03-10_GENERAL DOCUMENTS - C1980007

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^~7 S Using the existing life-of--mine administrative access roads known as the West Flatiron Road, Long Draw Saddle (and Extension) for all project-related traffic, in addition to NFSRs 710, 711, 7112A and 71 I.2B for over-size and over-length vehicles (drill rig and transport of construction equipment). Commercial use of NFSRs is subject to the terms of a Forest Service Road Use Permit. Decommissioning the Long Draw Saddle life-of--mine road to an ATV trail by per decisions issued in 2002 and 2006, by 2010. My concurrence includes needed protections for non-mineral resources on NFS. These protections are given in the Design Criteria of the Proposed Action (as it pertains to the E Seam MDWs and associated access) (Chapter 2 of the FEIS and Appendix C of this document}). My decision includes granting relief to lease stipulations limiting occupancy in riparian areas, wetlands and floodplains. The effects to these areas are anticipated to occur near the Dry Fork of Minnesota Creek and Lick Creek, and are mainly associated with the upgrade of exiting roads or ATV routes. The effects in these areas are expected to be minimal, and Design Criteria will be used to further minimize effects. Granting this relief is consistent with the Forest Plan, which allows mineral activities in riparian areas, so long as disturbance is minimized and timely reclamation occurs (FEIS, page 8). This decision also acknowledges that some MDW drill locations and temporary road alignments may cross areas of geologic hazards and slopes on which use and occupancy is stipulated in the federal coal leases. For areas where this situation may be encountered, I approve interdisciplinary team review of physical placement of MDW locations and road alignments during implementation to further minimize surface disturbance and ensure that proper best management practices are used. The post-mining land use for E Seam MDWs and associated access locations are wildlife habitat, livestock grazing and maintaining aquatic/riparian ecosystem function. Reclamation plans have been designed to support these post-mining land uses (Appendix C). The E Seam MDWs project (including associated access) is consistent with the GMUG Forest Plan (Final EIS, Chapter 1, Purpose and Need). When compared to the other alternatives, the selected altemative best meets the purpose and need for the action to facilitate safe and efficient production of compliant and super-compliant coal reserves, and best supports the commitment of the federal government to facilitate production of leased reserves. Further, this altemative allows the federal coal lessee to construct structures and equipment as provided in their ]ease rights (Final EIS, Chapter 1, Purpose and Need). This alternative supports the Forest Service Minerals Policy to foster and encourage environmentally sound energy and mineral development, and responds to National Energy Policy. Placement of the E Seam MDWs and associated access was achieved through careful review of lease stipulations, current surface resource conditions, and anticipated coal seam conditions; and designed. to minimize surface disturbance including best management practices and .design criteria for use of NPS lands (see Appendix C). This alternative meets requirements under federal coal program laws and implementing regulations (see Final EIS, Chapter 1, Authorizing Actions), and other applicable natural resource laws (see Findings Required by Other Laws and Regulation below), and the National Environmental Policy Act. In the event of any contradiction or conflict between descriptions or depictions of authorized actions, my decision is to be taken from the project documents in the following order of precedence: first the description in this ROD, second the representations on the Decision Map and legal descriptions (Appendix B), and finally descriptions in the FEIS.