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

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

Colorado Wild, et 27 According to the DEIS, one decision to be made for the project is whether to
al. grant relief from lease stipulations that prohibit or limit operations on big
game winter range from December 1 through Apri130. DEIS at 4, 9. These
lease stipulations are designed to protect wintering animals at the most
difficult time of year for them. Any activity on and near winter range could
cause the animals to expend more energy and/or flee to less suitable habitat,
decreasing their chances for survival. The Forest Service must not waive these
stipulations just so a company can achieve facility construction and the
realization of profits quicker than it would otherwise be able to do.
RESPONSE: The decision contemplates granting relief to the winter range
timing limitation for one winter season (EIS, Chapter 1, Decision
Framework).
The FS has consulted with the Colorado Division of Wildlife, which has
extensive knowledge of this area. In personal communication with Kurt
Madariaga, CDOW, (Jan 2007) low or limited use as winter range is
occurring at the shaft location.
Current CDOW winter range maps show the shaft (for which the winter range
relief would affect) as being exactly "on the line" for elk and outside of mule
deer winter range by approximately 1 mile.
Colorado Wild, et 28 As we discuss above in sections I and II, we do not believe the Forest Service
al. can legally approve any road construction on most of the areas leased within
roadless areas. But if any new roads or motorized trails are constructed in
roadless areas under the proposed action (for example, for access related to
pre-2001 leases), they must be designed, managed, restricted, and reclaimed
according to the requirements of the Roadless Area Conservation Rule of
2001. Specifically, roads constructed in roadless areas in conjunction with
mineral leases: must be conducted in a manner that minimizes effects on
surface resources, prevents unnecessary or unreasonable surface disturbance,
and complies with all applicable lease requirements, land and resource
management plan direction, regulations, and laws. Roads constructed or
reconstructed pursuant to this paragraph must be obliterated when no longer
needed for the purposes of the lease or upon termination of expiration of the
lease, whichever is sooner.
RESPONSE: The FS acknowledges these requirements for road construction
in IRAs. See EIS, Table 2-1.
Colorado Wild, et 29 RACR, 36 CFR 294.12(b)(7); emphasis added. Commendably, the DEIS has
al. a design criterion that requires that all roads in roadless areas be obliterated
upon completion of the work or expiration of the lease. DEIS at 23. There
must be strict compliance with this criterion. Roads must not be converted to
other uses, such as "decommissioned to ATV trails", as some previously
constructed roads in roadless areas have been. See DEIS at 97. Any roads
constructed or constructed in roadless areas for the project must be removed
and the surface restored in a manner that prevents all post-project motor
access of any sort.
RESPONSE: The citation iven in the comment refers to a 2002 Decision in
i
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182 Deer Creek Ventilation Shaft and E Seam Methane Drainage Wells FEIS