2009-01-23_REVISION - C1980007 (2)

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Evaluations of the Deer Creek Shaft and E Seam Methane Drainage Wells Project area • 7 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 (SHPO) dated July 24, 2007. In a letter dated November 7, 2008, the SHPO notified CO-DRMS that previously submitted inventories determined that no sites were identified as potentially eligible for the National Register of Historic Places. 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 asserting that it fails to: analyze properly the project's cumulative effects on global warming; analyze reasonable alternatives to reduce the potential greenhouse gas emissions of the mine expansion, including the alternatives of flaring of vented methane or capture of methane; include a reasonably complete discussion of measures to mitigate impacts of releasing methane into the atmosphere; and ensure compliance with the Clean • Air Act. OSM, as a cooperator, independently reviewed the EIS and concluded that it adequately analyzed and describe alternatives, impacts, including cumulative impacts, and mitigation measures of the proposed mining operation. The Summary of the Final EIS is included in this decision document. The full EIS is available from Charles Richmond, Forest Supervisor, Grand Mesa, Uncompahgre, Gunnison National Forests, 2250 Highway 50, Delta, Colorado, 81416. The CO-DRMS has not placed any Special Conditions on this permitting action. GSM's review of the proposed action has determined that Mountain Coal Company, L.L.C.'s proposal does require the addition of a special condition to be consistent with the ASLM's July 31, 2008, conditional approval of a previous mining plan modification to address environmental concerns and comply with other Federal laws as follows: If, under a bilateral agreement with the Federal lessee, the Bureau of Land Management amends Federal leases C-1362 and COC-67232 to authorize the capture of coalbed gas that would otherwise be vented as required by the Mine Safety and Health Administration, the operator shall capture the vented coalbed gas if such capture is economically feasible and does not jeopardize the safety or health of the miners. The capture operations must comply with the terms of the amended leases and all applicable laws and regulations, including those administered by the U.S. Forest Service and the Colorado State program. On October 15, 2008, Mountain Coal Company, L.L.C. published in the Delta CoulilC Independent the fourth consecutive weekly notice of the availability of an