2008-06-09_PERMIT FILE - C1980007 ‎(6)‎

• Permit No: C1980007
• IBM Index Class Name: Permit File
• Doc Date: 6/9/2008
• Doc Name: Exhibit 79 Part 2
• Section_Exhibit Name: Exhibit 80 Drilling Activities - TR111
• Media Type: D
• Archive: No

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C7

Response to Comments
Table 5-1
DEIS Comments and Responses
Commenter Comment Comment/Response

Action, Proposed Activities in IRA.
Colorado Wild, et 4 We are especially concerned about this project because it appears to be
al. precedent setting - it is one of the first decisions approving road construction
in roadless areas since the Roadless Area Conservation Rule was reinstated by
court order.
RESPONSE: Position statement. No response required.
Colorado Wild, et 5 We are prepared to accept actions that will facilitate continued mining of coal
al. in the North Fork Valley, if the mining is done safely and in compliance with
all existing laws. RACR requires, however, that any mining carried out under
roadless areas must be done without road construction or reconstruction inside
the roadless areas, except "on lands that are under lease by the Secretary of
the Interior as of January 12, 2001."
RESPONSE: The Purpose and Need (FEIS, Chapter 1, Purpose and Need) for
the Proposed Action is to protect public health and safety and to ensure safe
and efficient production of leased coal reserves by allowing surface use on
federal coal leases. The legal framework for authorizing these kinds of
activities are discussed in the DEIS and FEIS, Chapter 1, Authorizing
Actions. The Proposed Action is consistent with this legal framework.
For clarification, the RACR (36 CFR 294.12), does not state that "any mining
carried out under roadless areas must be done without road construction or
reconstruction inside the roadless areas'. Rather, the RACR states that a road
may not be constructed or reconstructed in IRAs of the National Forest
System except as provided in 36 CFR 294.12 (b). 36 CFR 294.12 (b) lists the
circumstances under which roads may be constructed, and includes (along
with 6 other circumstances) when roads are "needed in conjunction with the
continuation, extension, or renewal of a mineral lease on lands that are under
lease by the Secretary of the Interior as of 1/12/2001 (sic) or for a new lease
issued upon the expiration of an existing lease".
The EIS brings forth that road construction in the West Elk IRA related to this
project can occur (on the C-1362 and modifications for C-1362 and COC-
56447) because it fits into the circumstances (exception) to the RACR listed
above as the date of the modifications assumes the date of the parent lease
according to BLM rpolicy. See also the EIS, Chapter 1, Summary Description
of Proposed Actions in Inventoried Roadless Areas and Authorizing Actions -
Roadless Area Conservation Rule, and Chapter 2, Description of Proposed
Actions in Inventoried Roadless Areas.
Colorado Wild, et 6 No Exemptions Permit Road Construction on Roadless Lands under Lease
al. 67232. Some activity proposed on all three leases involved would occur in the
West Elk the IRA. DEIS at 19. Altogether, the proposed action would approve
the construction of about 3.2 miles of road and numerous well pads in the
IRA. DEIS at 6, 100.
I. PROPOSED ROAD CONSTRUCTION ON LANDS COVERED BY
LEASE 67232 WOULD VIOLATE THE LAW. Lease COC-67232 covers
1,517 acres, 620 of which are in the IRA. DEIS at 6. Udder the proposed
action, the Forest Service would a rove the construction of 14 wells on
Deer Creek Ventilation Shaft and E Seam Methane Drainage Wells FEIS 171