2008-03-07_REVISION - C1980007 (2)

Home Browse Search

in a reduced capacity for MCC to meet its coal contractual obligations resulting in a decreased ability to recover currently leased federal coal reserves which would have expanded negative effects on local economy. Selection of this alternative would not meet the purpose and need, and would be inconsistent with rights granted by the coal lease, the Forest Plan, and national policy. Under Alternative 3-No Activity in Roadless, no surface activity would be permitted in the West Elk IRA; the remainder of the proposed activities would be the same as the Proposed Action. In this alternative, the number of MDW locations would be reduced to 135, and overall road construction would reduce to approximately 14 miles. This limited access would result in reduced capacity to extract about 10 million tons of leased coal reserves, and shorten mine life by about 2 years, and could have attendant negative effects on local economy. It could also result in failure to meet MSHA ventilation needs. Selection of this alternative would not fully meet the purpose and need, and would be inconsistent with rights granted by the federal coal leases, the Forest Plan, and national policy as activity in IRAs is permitted as it fits under exceptions to the 2001 RACK. Public Involvement The Notice of Intent (NOI) to prepare an environmental impact statement (EIS) for the Deer Creek Shaft and E Seam Methane Drainage Wells was published in the Federal Register on September 18, 2006. The NOI asked for public comment on the proposal from September 18 through November 2, 2006. In addition, as part of the public involvement process, the agency published legal notices in the Grand Junction Daily Sentinel and Delta County Independent as papers of record and sent approximately 35 scoping letters to required agencies, Tribes, and interested parties list (project file). The NOI was posted on the GMUG's public planning webpage, and the project was included on the GMUG's Quarterly Schedule of Proposed Actions. GMUG personnel briefed the North Fork Coal Working Group at its quarterly meetings on October 10, 2006, January 16, April 10, and July 10, 2007. An additional article was published in the Delta County Independent on November 1, 2006 written by an unknown source. Five comments were received during initial scoping. Using the comments from internal scoping, the public, other agencies, and associations and the interdisciplinary team, a list of issues was developed (EIS, Chapter 1, Issues). A Draft EIS was prepared, and the Notice of Availability for comment appeared in the Federal Register on March 23, 2007. Legal notice of opportunity to comment appeared in the Grand Junction Daily Sentinel (April 5, 2007) and the Delta County Independent (April 4, 2007). Seven (7) parties, comprised of other agencies and interested parties, submitted comments on the Draft EIS. Responses were prepared to all comments received and are contained in Chapter 5 of the Final EIS. The Notice of Availability of the Final EIS was published in the Federal Register on August 17, 2007. Findings Required by Other Laws and Regulations To the best of my knowledge, this decision complies with all applicable laws and regulations. In the following, I have summarized the association of my decision to some pertinent legal requirements. Executive Order 13212 of May 18, 2001. This Order called the federal agencies to expedite their review of permits for energy-related projects while maintaining safety, public health, and environmental protections. My decision is consistent with this Order. National Forest Management Act of 1976: The GMUG Forest Plan was approved in 1983 and amended in 1991, as required by this Act. This long-range land and resource management plan provides guidance for all resource management activities in the Forest. The National Forest Management Act requires all