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Reclamation and Enforcement ("OSM") consulted with the Forest Service, as the federal surface <br />management agency, concerning the transition of the West Elk Mine to the E Seam. The Forest <br />Service elected to conduct an environmental review of the transition in the form of an <br />Environmental Impact Statement ("EIS") under the National Environmental Policy Act <br />("NEPA") 42 U.S.C. § 4321 et. seq., and issued a Record of Decision ("ROD") consenting to the <br />use and occupancy of the GMUG National Forest surface lands. See Exhibit 1, ROD, Mar. 7, <br />2008; Exhibit 2, Decision, June 2, 2008. <br />One of the key issues identified in the permitting documents and analyzed in the Forest <br />Service NEPA process is the construction and operation of methane drainage wells ("MDWs"). <br />Both the B Seam and E Seam coal beds at the West Elk Mine are infused with significant <br />amounts of methane gas (coal mine methane or "CMM"). If not removed, this CMM would <br />infiltrate the mine and pose a significant safety hazard to miners, both as a toxic gas in a <br />confined space and as an explosion hazard. Consequently, the federal Mine Safety and Health <br />Administration ("MSHA") requires that the West Elk Mine provide a ventilation plan <br />demonstrating how the mine will safely remove and control CMM in the mine. A long <br />established, proven, and legal method of safely controlling and removing CMM from the mine is <br />through the drilling of a pattern of MDWs through and around the coal seam to vent the CMM. <br />MCC prepared and submitted detailed technical information on the location and need for the <br />proposed MDWs for evaluation by the Forest Service in the NEPA process. <br />2. Environmental Review of the Methane Drains a Wells <br />The Forest Service conducted an exhaustive environmental review of the MDW project, <br />preparing and submitting a draft EIS for public review, and responding to hundreds of comments <br />from outside parties on a variety of subjects, including design alternatives, impacts of the project <br />on roadless areas, endangered species, and the quantity and potential effects of the methane to be <br />emitted from the MDWs. After extensive public comment and inter-agency consultation with <br />MSHA, the U.S. Environmental Protection Agency, and other agencies, the Forest Service then <br />prepared a 200+ page Final EIS 1, and issued a proposed ROD on November 7, 2007.2 <br />` A copy of the Summary from the Final Environmental Impact Statement, Deer Creek Shaft and E Seam Methane <br />Drainage Wells Project is attached to this Memorandum as Exhibit 3. A complete copy of the Final EIS is available at <br />http://www.fs.fed.us/r2/gmug/policy/minerals/deer creek/Deer Ck Shaft and Eeeam MDW_Project_FEISr2.pdf. <br />4842-4129-1266\7 2