2011-11-10_REVISION - C1981022 (2)

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Jeremy Nichols 2 The requested relief in the appeal was to withdraw the Decision Notice and FONSI providing the Forest Service's consent to the lease modification, or if the Forest Service intends to consent it must: Prepare NEPA documentation that complies fully with NEPA, the Clean Air Act, and the Administrative Procedure Act, and that addresses all of the issues raised in this appeal; Include a full response to each issue raised in the Statement of Reasons; Refrain from committing any further agency resources to implement or otherwise consent to lease modification, Tract 5 unless and until the Forest Service complies with all applicable law, as described above. APPEAL REVIEWING OFFICER'S FINDINGS AND RECOMMENDATION The Appeal Reviewing Officer, Bill Bass, Forest Supervisor Bighorn National Forest, found that: Documentation in the record demonstrated compliance with applicable laws, regulations and policies in light of the appeal issues raised by the appellant: • I) The Supervisor violated NEPA by failing to disclose the impacts of the proposed action from mining a half - million tons of coal outside the lease modification area; • II) The Forest Service violated NEPA by failing to analyze reasonable alternatives to reduce the methane pollution of the coal lease; H -A) The EA fails to analyze oxidation of ventilation air methane as a reasonable alternative to reduce the lease's methane pollution; II-B) The EA fails to sufficiently analyze methane flaring as a reasonable alternative; II-C) The EA fails to analyze carbon offsets as a reasonable alternative to reduce the impacts of the lease's methane pollution; • III) The EA fails to include a reasonable complete discussion of greenhouse gas mitigation measures; IV) The EA fails to take a hard look at the air quality impacts of the coal lease; IV -A) The EA fails to analyze impacts to ambient ozone concentrations; IV -A -1) The EA fails to analyze NOx emissions; IV -A -2) The EA fails to adequately analyze VOC emissions; IV -B) The EA fails to analyze impacts to PM 2 . 5 concentrations; IV -C) The EA fails to adequately analyze impacts to visibility in Class I areas. ARO Bass recommended affirmation of the Forest Supervisor's decision on all issues. APPEAL DECISION I agree with the ARO's analysis as presented in the enclosed letter. All appeal issues raised have been considered and the record is adequate to support the Forest Supervisor's decision. I affirm the Forest Supervisor's decision to consent to the BLM to lease the Federal Coal Lease COC- 61357 Modification, Tract 5. I deny requested relief to set aside the decision or complete additional analysis.