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I ll~Y111111 ~IIY~1111~1111~~ <br />dill ~YIIIIIIIIII~III <br />999 <br />_..«o,,... ~ ~ <br />r~ <br />C•,~7 UNITED ST„T~S Ei:ViRON?A~NTAL PROTECTION AG <br />:~/ <br />+l .+a~R~~ RE G~iN Vnl <br />Ir3dV L~NLpLN yTREET <br />CE^IVE4 COL'.l~ADp ?O_C3 <br />fE8 1 3 19l'~ <br />Ref: 8EA <br />Mr. Dale R. Andrus <br />State Director (CO-946A) <br />Bureau of Land Management <br />Colorado State Bank Bldg., Room 700 <br />1600 Broadway <br />Denver, Colorado 80202 <br />Dear Mr. Andrus: <br />We appreciate receiving the copy of the "Detailed Statement <br />Terms of Lease Offer and of Coal Lease That May Be Issued as a R <br />of this Offer" and the proposed coal lease. In addition to requ <br />comments and recommendations concerning the fair market value, w <br />sume that the Department is also inviting comments on the propos <br />lease and its stipulations. You will recall that the EPA Notice <br />lished in the Federal Register on December 12, 1977 (FR 42-62428 <br />noted that "The Department has also been advised that adequate m <br />gative measures should be stipulated in any lease." We have not <br />received the lease stipulations in any other manner and thus ass <br />that our review is expected. We did receive, on February 8, 197 <br />specific request from a group of citizens to analyze the stipuya <br />(see Attachment). <br />suit <br />sting <br />pre- <br />d <br />pub- <br />ti- <br />me <br />„a <br />ions <br />We have reviewed the proposed stipulations of the lease related <br />to protection of the environment. We find that some of the spec~a] <br />stipulations are quite good and wish to compliment the Department on <br />their development. We believe that certain other special stipulations <br />should be modified to provide adequate controls over potential environ- <br />mental impacts. The changes we have identified as required are fisted <br />below: ~, <br />1. Section 2 of the Coal Lease provides "the right to cons <br />all works, buildings, structures, equipment, and appliances whit <br />be necessary and convenient for the mining and preparation of th <br />for market..." Since a major argument for issuance of the lease <br />short-term criteria was that the necessary facilities and struct <br />had been built, it appears unnecessary to allow additional buii'd <br />take place without thorough environmental review. Therefore the <br />tion of the lease should be amended to include the statement: " <br />provided that any new construction of works, major buildings, st <br />equipment, appliances, and roads shall first be analyzed pur,suan <br />§ 102(2) (c) of the IJational Environmental Policy Act." <br />~ may <br />coal <br />'under <br />ng to <br />sec- <br />uctures, <br />Yto <br />