2011-11-10_GENERAL DOCUMENTS - C1980007

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United States Forest Grand Mesa, 2250 Highway 50 USDADepartment of Service Uncompahgre and Delta, CO 81416 Agriculture Gunnison Voice: 970 -874 -6600 National Forests TDD: 970 -874 -6660 File Code: 2820 Date: November 8 2011 Dear Interested Party: Federal coal lease applications to modify two existing coal leases were made by Arkland Company to the USDI Bureau of Land Management (BLM) - Colorado State Office to add approximately 1722 acres of National Forest System (NFS) surface lands managed by the Grand Mesa, Uncompahgre, and Gunnison National Forests to prevent bypass of federal compliant and super- compliant coal reserves. The lease modifications are located in Sections 10, 11, 14, 15; 22 and 23; T. 14S, R. 90W, 6th PM, Gunnison County, Colorado (approximately 7 miles southeast of Somerset, CO) and are adjacent to existing federal coal leases on NFS laird and private coal laird. An Environmental Assessment (EA) has been prepared which analyzes the effects of the Forest Service consenting to the BLM leasing these parcels and BLM issuing they lease modifications. At the leasing stage, the federal agencies evaluate the effects of subsidence (lowering of the land surface incident to coal removal) and identify where surface resources may require specific protection from subsidence or foreseeable surface uses. The quantity of mineable coal in the lease modifications would extend the existing operations approximately 19 months beyond those currently approved. No increase in coal production is anticipated nor will any additional jobs be created at the West Elk Mine as a result of BLM issuing the lease modifications. BLM manages the federal mineral estate for coal leases. Where the land surface is managed by the Forest Service; BLM must have consent from the Forest Service before leasing can occur. 1 have decided to select the Proposed Action Alternative (Consent to Lease with Stipulations) as described in the EA. Selection of this alternative provides the BLM - Colorado State Office my consent to lease the NFS lands included in Federal Coal Lease Modifications COC -1362 & COC- 67232 EA as described above. My consent decision includes the application of terms and conditions, identified as stipulations, to protect surface (non - mineral) resources on NFS lands. My decision does not authorize actual miming or any surface disturbing activities; however, it is based upon the analysis in the EA which evaluated potential future use of the land surface similar to existing coal activities in the area with coal lease stipulations applied. My decision will be implemented through issuance of this Decision Notice (DN), followed by BLM's actions of making a subsequent and independent decision on whether to lease or lease with additional stipulations, then BLM's modification of the existing leases, and finally, miming activities may be permitted by Colorado Division of Reclamation; Mining and Safety and /or Office of Surface Mining Reclamation and Enforcement. Mountain Coal Company (Arkland's local company) is responsible for securing /maintaining any Local, State or Federal permits and approvals, as applicable, and required by law for future mining operations of the lease modifications at the West Elk Mine. This decision is subject to administrative review pursuant to Federal Regulations at 36 CFR 215.11. Appeals (including attachments) must be in writing and filed (regular mail, fax, e -mail, hand- delivery, express delivery, or messenger service) with the Appeal Deciding Officer (§ 215.8) within 45 days following the date of publication of this legal notice in the Grand .function Daily Sentinel (newspaper of record). The publication date of the legal notice is the exclusive U° Caring for the Land and Serving People Printed on Recycled Paper