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FINDING OF NO SIGNIFICANT IMPACT/DECISION RECORD <br />Environmental Assessment (EA) No. CO-150-2007-019 EA <br />OML Resources, LLC Coal Exploration License COC71108 <br />After reviewing the environmental assessment analyzing the environmental effects of issuing coal exploration license <br />COC71108, I have determined that the coal exploration license on BLM managed surface is in conformance with the <br />Uncompahgre Basin Resource Management Plan, 1989, and with coal exploration license stipulations identified in <br />COC71108. The coal exploration license will not have significant impacts on the human environment and an <br />Environmental Impact Statement is not required. The project area is in Gunnison County, northeast of Paonia, <br />Colorado. RATIONALE: This EA adequately analyzed the proposed action and assessed the impacts of the <br />project. I do not believe that an EIS would provide any new data <br />DECISION RECORD <br />DECISION: It is my decision to recommend approval of the coal exploration license COC71108. The proposed <br />action, described in EA CO-150-2007-019, is to issue the license and allow exploration on the 1039.52 acre tract in <br />order to provide additional information as to quality, quantity, extent and correlation of coal beds needed by the <br />applicant to develop long range mining plans related to a pending application for a Federal competitive coal lease <br />COC70615. <br />RATIONALE: The coal exploration license application was submitted under the Mineral Leasing Act of 1920, <br />Federal Coal Leasing Amendments Act of 1976, and 43 CFR 3400. It was reviewed in accordance with the <br />regulations found at 43 CFR 3410. <br />The decision to allow the proposed action does not result in any undue or unnecessary environmental degradation <br />and is in conformance with the 1989 Uncompahgre Basin Resource Management Plan. It has been made in <br />consideration of the impacts to the affected resources. License stipulations in coal exploration license COC71108 <br />have been applied to the proposed action which will meet or exceed the standards for Public Land Health. <br />The EA addressed two alternatives, the No Action and Proposed Action Alternatives. <br />MITIGATION MEASURES: The coal exploration license will be subject to the terms, conditions and <br />stipulations of coal exploration license COC71108, including any modifications and/or amendments thereto, as <br />applicable. <br />1. Threatened, Endangered, Sensitive Species, and Migratory Birds: <br />A. With Respect to raptors and migratory birds: <br />Seasonal restrictions on all vegetation disturbing activities from May 15-Aug 1 unless the area has a current year <br />clearance survey (see below). <br />In order to lift the seasonal restriction for road and pad construction and to preclude potential disturbance to nesting <br />raptors: pre-construction raptor surveys will be conducted by a qualified biologist during the breeding period in <br />suitable nesting habitat within 1/4 mile of the disturbance area to determine presence of nests or breeding raptors. <br />Once clearance surveys are completed, if no active nests are found, and a survey report is submitted to and approved <br />by the BLM Biologist, activities may begin within the cleared areas. If active nest(s) are found, access road <br />construction plans and/or drill hole locations will be modified, in consultation with the BLM Biologist, so that nest <br />sites are not adversely affected. Development timing may be constrained to preclude impacts during the breeding <br />season (May 15 - Aug 1).