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

to Comments
:~
~~~

•
Table 5-1
DAIS Comments and Responses
Commenter Comment Comment/Response

catastrophic event that might result in the loss of life or property. It does not
constitute permission to engage in routine forest health activities, such as
temporary road construction for thinning to reduce mortality due to insect and
disease infestation.
RESPONSE: See response to Colorado Wild, et al. #7.
Colorado Wild, et 10 The public health and safety exception at paragraph (b)(1) in the final rule
al. applies only when needed to protect public health and safety in cases of an
imminent threat of a catastrophic event that might result in the loss of life or
property. It does not constitute permission to engage in routine forest health
activities, such as temporary road construction for thinning to reduce
mortality due to insect and disease infestation. 67 Fed. Reg. 3256 (Jan. 12,
2001).
RESPONSE: Repeat of cormnent Colorado Wild et al. #9. No additional
response needed.
Colorado Wild, et l la Clearly, this proposed project is not in response to an imminent threat -the
al. threat would only arise from the proposed project itself. In other words, the
"threat" would only arise as a result of the Forest Service's discretionary
decision approving the expansion.
Response: The Purpose and Need of the project states that the surface
operations are needed for the West Elk Mine to comply with Mine Safety and
Health Administration (MSHA) requirements for methane gas management to
ensure worker safety. The operations would enable safe recovery of leased
federal coal reserves in compliance with lease terms and requirements for
efficient recovery of federal coal (EIS, Chapter 1, Purpose and Need).
At the point federal coal reserves are under lease and being developed, the FS
does not have a discretionary decision, rather the Decision Framework is how,
not if, the operations can be conducted (EIS, Chapter 1, Decision
Framework). Further, the FS decision framework is bounded by the rights of
the lessee which include (see EIS, Chapter 1, Purpose and Need) the right to
construct such works, buildings plants, structures, equipment and appliances
and the right to use such on-lease rights-of--way which may be necessary and
convenient in the exercise of the rights and privileges granted. Further, under
standard lease terms, the Lessee must carry on all operations in accordance
with approved method and practices as provided in the operating regulations,
having due regard for the prevention of injury to life, health, property, and
prevention of waste damage or degradation to any land, air water, cultural,
biological, visual, and other resources, including the mineral deposits and
formations of mineral deposits not leased, and to other land uses or users
(USDI, BLM Form 3400-12, Coal Lease). Put one in project record.
Therefore, this project also responds to the lessees obligation to conduct safe
operations.
Only those that road activities that fall under exception 7 are considered in the
FEIS.
Colorado Wild, et l lb Surely, the framers of the RACR did not intend that the agency could avail
itself of an exce tion by a roving a roject that itself would create the need
Deer Creek Ventilation Shaft and E Seam Methane llramage wells rrl~
~~~