2008-08-13_GENERAL DOCUMENTS - C1980007 (2)

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• authority demonstrate that reclamation as required by the Act and regulatory program is technologically and economically feasible. The mining plan modification area is located on Federal lands west of the 100th meridian on lands administered by the USDA Forest Service, Grand Mesa, Uncompahgre, and Gunnison National Forests. The USDA Forest Service Forest Supervisor originally issued a Record of Decision (ROD) dated November 8, 2007, for the E Seam Methane Drainage Wells and associated access roads. On December 31, 2007, Earthjustice, Rocky Mountain Clean Air Action, National Resources Defense Council, Colorado Wild, Center for Native Ecosystems, Biodiversity Conservation Alliance, and Southern Rockies Ecosystem Project appealed the ROD to the USDA Forest Service Deputy Regional Forester. The appeal centered on the construction of roads in an Inventoried Roadless Area and the venting of methane directly into the atmosphere. In a decision dated February 13, 2008, the Deputy Regional Forester reversed the decision and remanded it back to the Forest Supervisor. On March 7, 2008, the Forest Supervisor issued a second ROD for the E Seam Methane Drainage Wells and associated access roads. On April 28, 2008, Earthjustice and the other six original plaintiffs appealed the second ROD to the Deputy Regional Forester objection to the venting of methane directly into the atmosphere. On June 2, 2008, the Deputy Regional Forester affirmed the decision of the Forest Supervisor and the March 7, • 2008, second ROD. Based on OSM's analysis and the USDA Forest Services' second ROD dated March 7, 2008, and its formal concurrence dated June 6, 2008, there are no significant recreational, timber, economic, or other values of the Grand Mesa, Uncompahgre, and Gunnison National Forests that would be incompatible with the proposed surface coal mining operation and the proposed operations and impacts are incidental to an underground coal mine. Evaluations of the Deer Creek Shaft and E Seam Methane Drainage Wells Project area overseen by the USDA Forest Service archeologist for cultural resources identified no sites as potentially eligible for the National Register of Historic Places and determined that the project has no potential to effect cultural resources as documented in a Transmittal Report to the Colorado State Historic Preservation Officer dated July 24, 2007. The protection and preservation of previously unidentified prehistoric or historic resources is ensured by both a condition of the CO-DRMS issued permit and the ASLM's mining plan approval. The Final Environmental Impact Statement entitled, Deer Creek Shaft and E Seam Methane Drainage Wells Project EIS prepared by the USDA Forest Service, with BLM and OSM as cooperating agencies, describes the impacts that may result from approval of this mining plan modification and its alternatives. In a letter dated July 1, 2008, Earthjustice requested that OSM and the Department of the Interior supplement the EIS