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 Comment/Response

Resource Council inadequate for proper ventilation." We would like to see data or a description
of MCC's prior efforts that substantiate this statement.
RESPONSE: Examples of how these types of ventilation were inadequate
have been included in the FEIS (Chapter 2, Alternatives Considered but
Eliminated from Detailed Study).
Western Slope 8 We note discussion of capture/use of methane on page 31 [DEIS], but this
Environmental discussion is restricted to the potential for gas leasing.
Resource Council RESPONSE: Technology exists that would allow capture and use of methane
instead of atmospheric venting. This is being done throughout the world on
privately-owned coal reserves. Use of the methane, however is restricted as it
is owned by the Federal Government until it is leased (i.e. a coal lease does
not allow capture and use of gas). The FEIS has been updated to better
explain this concept (See FEIS, Chapter 1, Alternatives Considered but
Eliminated from Detailed Study).
Western Slope 9 WSERC is concerned about how the large quantities of methane that would
Environmental be vented to the atmosphere will affect global warming, and there should be
Resource Council analysis of this problem.
RESPONSE: The FS identified global warming as an issue in the DEIS (see
Chapter 1, Non- Significant Issues). The FEIS has added analysis of methane
as a greenhouse gas. Due to the immeasurable quantity of methane released
on a global scale from this project, global warming or climate change are
considered outside the scope of this document.
Western Slope I~ Include analysis of the technical and regulatory feasibility of using the
Environmental methane for cogeneration of electricity.
Resource Council RESPONSE: See WSERC Comment #8. Additionally, electrical cogeneration
and regulation are outside the scope of this document as the purpose and need
for venting is for safety reasons and to facilitate recovery of leased coal
reserves. Further, electrical cogeneration would not be regulated by the FS.
Western Slope I 1 We would like to see a quotation of the BLM regulations that prevent the
Enviromnental mine from utilizing the waste methane.
Resource Council RESPONSE: According to the BLM, the rights granted in a particular
mineral lease outline what exclusive rights the party (i.e. lessee) has. Coal and
oiUgas are leased separately as brought forth in BLM regulations at 43 CFR
Subparts 3000, 3100 & 3400. The separation of these mineral estates was
further affirmed by the Supreme Court in its ruling on the Southern Ute
bzdiaiz Ti•ibe vs. Amoco Productioiz Company case (1997). While that specific
case involved who owned the coal bed methane; the court's ruling reaffirmed
that coal belongs to the coal estate; and natural gas, irrespective of its
geologic origin, belongs to the oil and gas estate.
With respect to coal, the coal lease holder has the exclusive right to coal as
brought forward on BLM Form 3400-12 Coal Lease (Sec. 2 states...[h]ereby
grants and leases to lessee the exclusive right and privilege to drill for, mine,
extract, remove, or otherwise process and dispose of the coal deposits in,
u on and under (sic). In addition, the coal lease holder has the ri ht to remove
•

C,
162 Deer Creek Ventilation Shaft and E Seam Methane Drainage Wells FEIS