2011-11-10_REVISION - C1981022 - Laserfiche WebLink

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USDA United States Forest Rocky P.O. Box 25127 Department of Service Mountain Lakewood, CO 80225 -0127 Agriculture Region Delivery: 740 Simms Street Golden, CO 80401 Voice: 303 - 275 -5350 TDD: 303 - 275 -5367 File Code: 1570 -1 Route To: Date: Subject: ARO Recommendation- Federal Coal Lease COC -61357 Modification Tract 5, Appeal #11 -02 -00 -052 (215) Paonia Ranger District, Grand Mesa-Uncompahgre- Gunnison National Forests To: Appeal Deciding Officer As the designated Appeal Reviewing Officer, this is my recommendation on disposition of the appeal filed by lead appellant Jeremy Nichols of WildEarth Guardians under the regulations at 36 CFR 215. Forest Supervisor Richmond signed the Decision Notice and Finding of No Significant Impact ( FONSI) for the Federal Coal Lease COC -61357 Modification Tract 5 on August 3, 2011, and a legal notice of the decision was published in the newspaper of record on August 10, 2011. My recommendation is based on the appeal and the decision documentation (36 CFR 215.18(a)). BACKGROUND The Decision Notice (DN) and FONSI are based on the Environmental Assessment (EA) that analyzed the impacts of modifying Federal Coal Lease COC -61357 by adding approximately 157 acres for an estimated 35,000 to 235,000 tons of coal on the Paonia Ranger District in response to an application received by the Bureau of Land Management (BLM) Colorado State Office from Oxbow Mining, LLC ( OMLLC). The mine plan prepared by OMLLC proposed removal of the estimated coal reserves over a period of approximately two days to three weeks. The EA was prepared by the Grand Mesa - Uncompahgre- Gunnison National Forests (USFS), Uncompahgre Field Office of the BLM, and Office of Surface Mining Reclamation and Enforcement (OSMRE) to analyze the impacts of modifying the coal lease. The EA also incorporated, by reference, previous analysis documented in the North Fork Coal Environmental Impact Statement and Record of Decision of March 30, 2000. The coal lease modification area, COC 61357, North East Lease Modification, Tract 5, D -Seam, lies in portions of Sections 32 and 33, T. 12 S., R. 90 W., 6th PM, Gunnison County, Colorado. The modification area includes National Forest System (NFS) surface lands managed by the USFS, Paonia Ranger District. The coal estate is administered by the BLM. Previous lease modifications (Tracts 1, 2, 3 and 4) have accounted for 498.66 acres of the total 960 acres available for modification. With Tract 5 (156.77 acres), the remaining area available for lease modification is 304.57 acres. The BLM is required, by law, to consider leasing federally -owned minerals for economic recovery. With respect to NFS lands, the Forest Service must consider consenting to the BLM Caring for the Land and Serving People Printed on Recycled Paper W