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

Home Browse Search

Purpose of and Need for Action • • • lands in the state. The State regulations provide for revisions to be made to the existing permits. The DRMS provides opportunity for public review of and input on the permit application package and any revisions; and reviews applications to assure compliance with applicable permitting requirements and that the coal mining operation will meet the approved state permanent program performance standards. If it does comply, DRMS issues the applicant a permit or approves a revision to conduct coal mining operations. Based on the proposed. projects, MCC will submit a request for a permit action to their existing approved mining permit to the DRMS for review and approval. DRMS will consider airy public input, this environmental analysis, the Forest Service Responsible Official's Record of Decision, and other relevant criteria in their decision as to whether or not to approve the permit action. Roadless Area Conservation Rule of 2001 (RACR) On September 19, 2006, Judge Elizabeth D. Laporte of the United States District Court of the Northern District of California set aside the 2005 State Petitions Rule and reinstated the 2001 RACR. In a clarification, Judge Laporte stated, "As the Court previously ordered, federal defendants are enjoined from taking any further action contrary to the Roadless Rule without first remedying the legal violations identified in the Court's opinion of September 20, 2006. Such further actions by the Forest Service include, but are not limited to, approving or authorizing any management activities in inventoried roadless areas that would be prohibited by the 2001 Roadless Rule (including the Tongass Amendment), and issuing or awarding leases or contracts for projects in inventoried roadless areas that would be prohibited by the 2001 Roadless Rule, including the Tongass Amendment. The effective date of this injunction is September 20, 2006." She further clarified on November 29, 2006 that 1) the RACR would apply to any and all mineral leases in IRAs on NFS lands (not affected by the Tongass Amendment) that were issued after January 12, 2001, 2) the Forest Service was enjoined from approving or allowing any surface use of a mineral lease issued after January 12, 2001 that had not already commenced on the ground and which would violate the RACR, and 3) the order did not apply to roads that had already been constructed or reconstructed on lease parcels pursuant to approved. surface use plans of operation, or to leases that canied a `no surface occupancy' condition prohibiting road construction that would be in violation RACR. At the initiation of this project, the Forest Service management of IRAs was guided by Interim Directive No. 1920-2006-1. The interim directive guided where decision authority lay dependent upon the individual forest unit situation with respect to forest plan revision, completion of a forest-scale Roads Analysis Procedure, whether a project involves road construction in an IRA, and if the project requires an EIS. The GMUG has aForest-Scale Roads Analysis Procedure completed, however does not have a revised Forest Plan. Under the terms of the Directive, the decision authority for this project has lain with the Forest Supervisor. However, because this project requires an EIS and includes proposed road construction in an IRA, the Purpose of and Need for the Proposed Action required approval by the Regional Forester. On January 18, 2007 the Regional Forester for the Rocky Mountain Region approved the Purpose of and Need for this Proposed Action. The interim Direction expired on July 16, 2007. However, since the NEPA process was already initiated, the process described in the Interim Direction was followed. Based on comments received on the DEIS, the GMUG sought to clarify the Regional Forester's approval. of the project Purpose and Need and requested amendment of the January 2007 approval. In Response to the amendment request, the Regional Forester forwarded needed revisions for the FEIS pertaining to the Deer Creek Ventilation Shaft and E Seam Methane Drainage Wells FEIS 7