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2011-11-14_REVISION - C1981022
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2011-11-14_REVISION - C1981022
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Entry Properties
Last modified
8/24/2016 4:44:59 PM
Creation date
4/4/2012 2:01:00 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981022
IBM Index Class Name
Revision
Doc Date
11/14/2011
Doc Name
Appeal Decision -Federal Coal lease COC-61357 Modification, Tract 5 (Email)
From
Jim Kiger
To
DRMS
Type & Sequence
PR6
Media Type
D
Archive
No
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Appeal Deciding Officer <br /> <br />8 <br />Despite the significant impacts the E A predicts that climate change will likely have on the <br />GMUG National Forest, and the Forest Supervisor’s commitment to “lead the charge” in <br />“explor[ing] options” that would reduce the level of wasted methane from coal mines, the Forest <br />failed to analyze a dequately such measures. <br /> <br />Rules: <br /> <br />42 USC § 4332(2)(C) - utilize a systematic, interdisciplinary approach which will insure the <br />integrated use of the natural and social sciences and the environmental design arts in planning <br />and in decisionmaking which may h ave an impact on man's environment. <br /> <br />30 CFR § 740 - Surface coal mining and reclamation operations on lands containing leased <br />Federal coal shall be conducted in accordance with the requirements of the terms, conditions and <br />stipulations of the lease issued under the Mineral Leasing Act and its implementing regulations <br />in 43 CFR parts 3400, as applicable, and the mining plan. <br /> <br />30 CFR § 906.30 V(D)(1) – Determine whether the permit application or application for a permit <br />revision or renewal provides for post -m ining land use consistent with FLMA’s land use plan and <br />determine the adequacy of measures to protect Federal resources under FLMA’s jurisdiction not <br />covered by the rights granted by the Federal coal lease. <br /> <br />40 CFR§ 1502.14 - NEPA does not require that “al l” alternatives be considered, only those <br />which are “reasonable”. Nor does NEPA require mitigation for every adverse impact , only those <br />which are “appropriate”. <br /> <br />40 CFR § 1502.16 – This section forms the scientific and analytic basis for the comparisons <br />u nder §1502.14. It shall consolidate the discussions of those elements required by sections <br />102(2)(C)(i), (ii), (iv), and (v) of NEPA which are within the scope of the statement and as much <br />of section 102(2)(C)(iii) as is necessary to support the comparison s. The discussion will include <br />the environmental impacts of the alternatives including the proposed action, any adverse <br />environmental effects which cannot be avoided should the proposal be implemented, the <br />relationship between short -term uses of man's envi ronment and the maintenance and <br />enhancement of long -term productivity, and any irreversible or irretrievable commitments of <br />resources which would be involved in the proposal should it be implemented. This section <br />should not duplicate discussions in §1502.1 4. <br /> <br />40 CFR § 1506.3(a) – An agency may adopt a Federal draft or final environmental impact <br />statement or portion thereof provided that the statement or portion thereof meets the standards <br />for an adequate statement under these regulations. <br /> <br />40 CFR § 1506.3(b ) – If the actions covered by the original environmental impact statement and <br />the proposed action are substantially the same, the agency adopting another agency's statement is <br />not required to re -circulate it except as a final statement. <br /> <br />40 CFR § 1508.9(b) – “Environmental assessment”: shall include brief discussions of the need <br />for the proposal, of alternatives as required by section 102(2)(E), of the environmental impacts of
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