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OORSEY <br />Mr. Ron Cattany <br />February 28, 2008 <br />Page 4 <br />to capture coal mine methane without a federal lease.12 While MCC has been diligently working <br />with the Bureau of Land Management to secure the lease for the West Elk coal mine methane <br />(both to create management options and to prevent resource ownership disputes), ongoing <br />litigation concerning the Roadless Area Conservation Rule ("RACR") has delayed the leasing <br />process.13 At this time MCC does not know when or if it will acquire the lease. Finally, <br />capturing the methane creates similar infrastructure issues as flaring. The closest existing <br />pipeline is over ten miles away, and the West Elk coal mine methane would likely require <br />processing before it could be put to use.14 As with flaring, construction of extensive pipeline <br />and/or processing facilities in a national forest would raise substantial policy concerns. At a <br />minimum, a capture requirement would also cause cessation of mining in the near future. <br />The Aberdeen Mine <br />Finally, RMCAA incorrectly suggests that through a program instituted at the Aberdeen <br />Mine located in Carbon County, Utah, "the Forest Service has overcome the legal complexities <br />surrounding leasing coal mine methane," misstating that "the Aberdeen coal mine is now leasing <br />and capturing coal mine methane.i15 The facts do not support RMCAA's conclusions for the <br />following reasons: 1) the Forest Service does not control land on or around the Aberdeen Mine <br />and is not involved in the leasing process; 2) the Bureau of Land Management has proposed a <br />form of lease that would allow the future capture of mine methane based on an independent <br />agreement between the mine operator and the lessee; and 3) the Aberdeen oil and gas leasing <br />proposal is currently under appeal before the Interior Board of Land Appeals. <br />In sum, to the extent that RMCAA wishes to petition for regulatory changes to address <br />its concerns, it is free to do so, and that process will ensure that appropriate control measures <br />are carefully designed, tested, and implemented. The approach RMCAA has taken, however, is <br />poorly reasoned, factually incorrect, and dangerous. DRMS should reject RMCAA's <br />12 Id. at 44-45. <br />13 Id. at 45 <br />74 Id. at 46. <br />15 See RMCAA Letter at 6. <br />DORSEY & WHITNEY LLP <br />