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Response to Comments <br /> <br /> <br /> <br />Table 5-1 <br />DEIS Comments and Responses <br />Commenter Comment Comment/Response <br /> <br /> into effect. DEIS at 20. <br /> RESPONSE: Road construction in IRA for lease 67232 has been removed <br /> from the proposed action. Lease modifications assume the effective date of <br /> the parent lease under BLM (issuing agency) policy. <br />Colorado Wild, et 12b Indeed, the RACK Preamble is very clear that roads were not to be allowed <br />al. for future mineral leases: An additional optional exception was considered in <br /> detail in the FEIS as a social and economic mitigation measure and was <br /> available for selection with any alternative. This exception would have <br /> allowed road construction or reconstruction where a road is needed for <br /> prospective mineral leasing activities in inventoried roadless areas... The <br /> Department has decided not to adopt the exception for future discretionary <br /> mineral leasing as identified in the [Roadless Rule] FEIS because of the <br /> potentially significant environmental impacts that road construction could <br /> cause to inventoried roadless areas. Existing leases are not subject to the <br /> prohibitions. The Department has decided to adopt a snore limited exception <br /> at 36 CFR 294.12(b)(7) to allow road construction needed in conjunction with <br /> the continuation, extension, or renewal of a mineral lease, on lands that were <br /> under lease by the Secretary of the Interior as of the date of publication of this <br /> rule in the Federal Register. Additionally, road construction needed in <br /> conjunction with a new lease may be allowed on these same lands if the lease <br /> is issued immediately upon expiration of the existing lease. The lessee would <br /> be required to start the process for issuance of a new lease prior to the <br /> expiration of the existing lease. 67 Fed. Reg. 3256 (January 12, 2001). <br /> Therefore this exception cannot possibly apply to lease 67232, which was <br /> issued in 2007, seven months after RACK was reinstated. It is clear that no <br /> exceptions to RACR's prohibition on road construction in roadless areas <br /> applies to lease 67232. Therefore, the Forest Service caiulot legally approve <br /> road construction on the roadless portion of lease 67232. <br /> RESPONSE: See response to Colorado Wild et al. continent #12a. <br />Colorado Wild, et 13 The Forest Service Has Not Complied with Agency Guidance to Invoke Any <br />al. Exceptions for Lease 67232. The Forest Service states that the management of <br /> IRAs is currently guided by Interim Directive 1920-2006-1. DEIS at 8. We <br /> note that the Regional Forester, in carrying out his duty under Interim <br /> Directive 1920-2006-1 to approve the purpose and need for a project in a <br /> roadless area requiring an envirommental impact statement[2], did not address <br /> activity on the then-proposed lease which became lease 67232. See Regional <br /> Forester Review of Purpose and Need for Deer Creek Shaft and E Seain <br /> Methane Drainage Wells Project involving Roads in an Inventoried Roadless <br /> he stated: "[n]o actions are being proposed <br />2007. In fact <br />January 18 <br />Area <br /> , <br />, <br />, <br />on the IRA portion of the lease scheduled for sale." Id at 2. Therefore, no <br /> activity can be approved on roadless lands on lease 67232 unless and until the <br /> Regional Forester first approves the purpose and need that involves road <br /> construction on land covered by this lease. However, as demonstrated above, <br /> any such approval by the Regional Forester -even that invoking exception 1 <br /> - would violate the law. <br />Deer Creek Ventilation Shaft and E Seam Methane Drainage Wells FEIS <br />175 <br />