2009-01-23_REVISION - C1980007 (2)

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• BLM. reviewed the Resource Recovery and Protection Plan for compliance with the Mineral Leasing Act of 1920, as amended, and 43 CFR Part 3480. The BLM recommended approval of the mining plan in a memorandum dated October 9, 2008. The USDA Forest Service sought comments from the U.S. Fish & Wildlife Service on threatened and endangered species. In a letter dated August 2, 2007, the U.S. Fish & Wildlife Service concurred with the USDA Forest Service's Biological Assessment that the proposed project was not likely to adversely affect threatened and endangered species. I have determined that the mining plan modification does not include any lands within an area designated as unsuitable for all or certain types of surface coal mining operations under section 522(b) of SMCRA. The permit findings prepared by the regulatory 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 October 9, 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.