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Appeal Deciding Officer • "no surface occupancy" stipulation Appellant states that "[n]either the public nor the decision maker is provided information that would enable them to understand where subsidence or other impacts might occur." However, the EA identified past, present and reasonably foreseeable actions: EA, 3. 1, page 41: 3.1 Past, Present and Reasonably Foreseeable Actions With respect to surface disturbance, only subsidence (lowering of the land surface) is expected on the lease modification area; surface facilities are not expected, nor will be allowed. And, in the North Fork Coal EIS (Tab 4, Section 1.9), reasonably foreseeable coal mining activities:... typically, [lease] modifications do not involve any substantial surface disturbance or additional impacts over and above the existing operation. Significance exists if it is reasonable to anticipate a cumulatively significant impact on the environment. In consenting to authorize BLM to modify the lease area with an additional 157 acres (proposed action), the USFS has determined there will be little to no surface disturbance, and, therefore, impacts were not determined to be significant within the context or setting of the proposed action. This is also addressed in the Decision Notice (Tab 3). Subsidence and other surface- related issues are covered in the Decision Notice under Appendix B- Stipulations for National Forest System Lands Federal Coal Lease COC -61357 and Appendix C- Federal Coal Lease COC- 61357. In the EA, Response to Comments - Conduct an EIS because the effects are significant The agencies feel that a proposal that has no impacts or very minimal surface impacts from subsidence [only] is not a significant action requiring the preparation of an EIS. Also, the Appellant is concerned about whether OMLLC will be allowed to build roads, clear pads, and construct methane drainage wells within the Springhouse Park Roadless Area outside of the Lease Modification area to mine the additional half - million tons of coal. Again, this is covered in the EA (Tab 2) and Decision Notice (Tab 3). As described in the Decision Notice (Tab 3, Appendix C), consenting to the lease does not result in any direct effects to the land surface of the lease tract. Furthermore, the "no surface occupancy" stipulation applies to all NFS lands within the Springhouse Park Roadless Area. EA, 1.2, Background of this Lease Modification, pgs 15 -16: ... stipulations would be carried forward from the existing (parent) lease including a stipulation for activities in roadless areas... The coal lease was modified in December 2008. Appendix B of the permit includes the stipulations that were updated on the parent lease of 2001 (Tab 7) and in the Decision Notice (Tab 3, Appendix Q. One of the stipulation changes included "roadless ", which would apply to the USFS portion on both the parent and any lease modifications. The area includes the Springhouse Park Inventoried Roadless Area and is subject to applicable restrictions.