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Appeal Deciding Officer <br /> <br />2 <br />leasing coal rese rves underlying those lands that are under its jurisdiction and prescribe <br />stipulations for the protection of non -mineral resources. <br /> <br />Within the lease modification area, the coal wou ld be accessed and recovered by underground <br />longwall mining methods from th e existing Elk Creek Mine. Under the foreseeable mine plan <br />scenario, surface use on this lease modification is not anticipated. All of the lease modification <br />area is within the Springhouse Park Roadless Area. <br /> <br />As required by 43 CFR 3420.4 -2, the USFS decid ed to consent to BLM to lease the USFS - <br />administered lands that were included in the Federal Coal Lease Modification COC -61357, Tract <br />5. In addition to providing consent, t he USFS prescribe d terms and conditions , identified as <br />stipulations, to protect surfa ce resources on NFS lands to be leased within Tract 5 . <br /> <br />The consent decision is conditioned on application of the Notice for Lands of the National Forest <br />System under Jurisdiction of the Department of Agriculture (FS Notice) on the Federal Coal <br />Lease Modi fication COC -61357, Tract 5 , when and if the tract is leased. This notice addresses <br />compliance with basic requirements of environmental statutes and USFS special requirements. <br />BLM’s and USFS ’s special requirements can be found in the stipulations in Appe ndices B and C <br />of the EA . <br /> <br /> <br />REL IE F REQUESTED <br /> <br />The Appellants requested the following relief: <br /> <br />1. The Regional Forester must withdraw the Decision Notice and Finding of No Significant <br />Impact providing the Forest Service’s consent to the Federal Coal Lease Modification COC - <br />61357, Tract 5. <br /> <br />2. If the Forest Service intends to consent to Federal Coal Lease Modification COC61357, <br />Tract 5, it must prepare NEPA documentation (including opportunities for public involvement <br />and appeal) that complies fully with NE PA, the Clean Air Act, and the Administrative Procedure <br />Act, and that addresses all of the issues raised in this appeal . <br /> <br />3. Any decision on this appeal must include a full response to each issue raised in the Statement <br />of Reasons. <br /> <br />4. The Regional Fores ter must direct Forest Supervisor Charles S. Richmond to refrain from <br />committing any further agency resources to implement or otherwise consent to Federal Coal <br />Lease Modification COC -61357, Tract 5 unless and until the Forest Service complies with all <br />appl icable law , as described in paragraphs 1 -3, above. <br /> <br />ISSUES AND DISCUSSION <br />