2008-06-09_PERMIT FILE - C1980007 ‎(5)‎

• Permit No: C1980007
• IBM Index Class Name: Permit File
• Doc Date: 6/9/2008
• Doc Name: Exhibit 79 Deer Creek Shaft and E Seam Methane Drainage Wells Project Final-August 2007
• Section_Exhibit Name: Exhibit 80 Drilling Activities - TR111
• Media Type: D
• Archive: No

Purpose of and Need for Action
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economic development of domestic mineral
resources..." Further, the Federal Land. Policy
and Management Act of 1976 (FLPMA) states
that public lands are to be managed in a manner
that recognizes the Nation's need for domestic
sources of minerals. Under regulations of the
Mining and Mineral Policy Act of 1970 and the
Federal Land Policy Management Act of 1976,
the responsible federal agencies must ensure
the following:
Adverse enviromnental impacts on public
land surface resources are minimized to
the extent practical;
Measures must be included to provide for
reclamation, where practicable; and,
The proposed operation will comply with
other federal and state laws and
regulations.
Forest Service Manual
The Forest Service administers its mineral
program to (Forest Service Manua12800 ZERO
Code - WO Amendment 2800-91-1 Page 3):
Encourage and facilitate the orderly
exploration, development, and production
of mineral and energy resources within the
NFS in order to maintain a viable, healthy
minerals industry and to promote self-
sufficiency in those mineral and energy
resources necessary for economic growth
and national defense;
Ensure that exploration, development and
production of mineral resources are
conducted in an environmentally sound
maimer and that these activities are
considered fully in the planning and
management of other NFS resources; and,
• Ensure that lands disturbed by mineral and
energy activities are reclaimed for other
productive uses.
The Forest Service considers mineral
exploration and development to be a part of its
management program (GMUG Forest Plan,
Page II-61). It cooperates with the 17.5.
Department of the Interior, through its agent,
the BLM, in administering lawful. development
of leasable minerals (which includes coal
resources). While the Forest Service is mainly
involved with surface resource management,
the agency recognizes that mineral
development is ordinarily in the public interest
and can be compatible with the purposes for
which the NFS lands are managed.
Federal. Coal Leases
With specific regard to coal resources,
management of federal coal resources are
governed by the Mineral. Leasing Act of 1920,
as amended by the Federal Coal Leasing
A>nend>,nents Act of 1976. These laws give the
Forest Service consent authority to the BLM
for leasing NFS lands for coal resource
development. The leases involved in this
project were issued, and are managed by the
BLM and Forest Service, according to the
authorities granted in these laws, and
implementing regulations at 43 CFR 3400.
The Deer Creek Shaft and E Seam Methane
Drainage Wells project involves three federal
coal leases. Details of each lease are below:
Lease C-1362
• 1967 issue date;
• Modified with a 160-acre extension in
October 20013;
4,996 acres total (including modification),
with 1,260 acres in the West Elk IRA
(including modification);
Lease issued with protections for non-
mineral resources (i.e. stipulations) for big
game winter range, moderate and steep
slopes, geologic hazards, riparian areas,
3 While each of these modifications occurred after the adoption
of the RACR, by their terms, a coal lease modification acquires
an effective date of the parent lease that is being modified. All
such coal ]ease modifications are administered by the BLM
accordingly. Consequently, these coal lease modifications have
an effective date that pre-dates the 2001 RACR and as such, are
considered to be valid existing rights as of the date of the
RACR. Because temporary roads within the West Elk IRA are
needed to install temporary surface wells that are needed to
exercise those valid existing rights, they can be authorized
pursuant to Exception 7 of the RACR.
Deer Creek Ventilation Shaft and E Seam Methane Drainage Wells FEIS
5