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This is a text-only version of the document "Bridger Coal Lease Modification - Decision Record - 2009". To see the original version of the document click here.

DECISION RECORD
FOR
Bridger Coal Lease Modification: WYW2727
Case #: WYW2727 and WYW167727
EA #: WY-040-EA10-30


Summary
The proposed action is to modify federal coal lease WYW2727 to include 560 acres of
continuous coal lands in Sections 12 and 24 and to be granted a right-of-way to conduct surface
SU
operations in Section 36, Township 20 North, Range 100 West. The lands in section 36 are split
` ` ` f d ll
estate, with the State of Wyoming owning the subsurface estate and the surface estate e era y


owned and managed by the BLM


Decision
Based upon the analysis of the potential environmental impacts described in the ‘Bridger Coal
Lease Modification: WYW2727’ Environmental Assessment and supporting documents in the
case file, it is my decision to approve the Proposed Action to modify the existing coal lease for
the identified portions of Sections 12 and 24 and to grant the right-of-way to conduct surface
mining operations in Section 36.
1. Compliance with applicable laws: The coal lease modification application was
submitted and evaluated under the following authorities: Mineral Leasing Act of 1920 as
amended; Multiple-Use Sustained Yield Act of 1960; National Environmental Policy
Act; Federal Coal Leasing Amendments Act of 1976; Federal Land Policy and
Management Act of 1976; and the Surface Mining Control and Reclamation Act of 1977
The right-of-way grant will be made under the authority of Title V of the Federal Land
Policy and Management Act of 1976 (43 CFR U.S.C. 1761) and be subject to the terms
and conditions in 43 CFR 2801 and rental payments as determined by 43 CFR 2806.1 O.
The grant will be subject to the mitigation set forth in the application/plan of
development.
2. Selected Alternative: The proposed action is to modify federal coal lease WYW2 727 to
include 560 acres of contiguous coal lands in the SW %, S % NW % of Section 12 (240
acres), the W % of Section 24 (320 acres) and to be granted a right-of-way to conduct
surface operations in the W %, NW %, NW Vt SW % of Section 36, Township 20 North,
Range 100 West. The lands in section 36 are split estate, with the State of Wyoming
owning the subsurface estate and the surface estate federally owned and managed by the
BLM.




FONSI: l have determined that the proposed project is in conformance with the approved
land use plan. I have reviewed this environmental assessment including the analysis of
potentially significant environmental impacts. I have determined that the proposed action
with the mitigation measures as identified in the EA will not have any significant impacts










on the human environment and that an EIS is not required. It is my decision to
implement the proposed action.


Public Involvement. The BLM Rock Springs Field Office issued a news release on
November 17, 2009, requesting public comment on the Proposed Action; a scoping
notice was published on November 18, 2009, on the RSFO website. The 30-day
comment period ended on December 16, 2009. During this period, the BLM received
four comment letters: three from state governmental agencies and one from a Wyoming
citizen. A Summary of Scoping Comments is included as Appendix A of the EA.




Rationale for Alternative Selected. The Proposed Action with the mitigation measures
as described in the EA was selected because it is in compliance with the Green River
RMP and the BLM has determined it will not have any significant impacts on the human
environment. Additionally, there is no logical competitive interest based upon utilization
of the lands or mining of the deposits because:
0 The applicant is the lessee of record holding the private, state and federal leases
adjacent to the modification area.
0 This lease modification would allow a continuum of an existing mining block and
would not represent an economic venture based on a stand alone development of
the property.
0 There is no other nearby coal operation which could economically mine this area.
¢ The only logical access is from the applicant’s surface mine and adjacent leases.


Appeal Procedures.
This decision may be appealed to the Interior Board of Land Appeals, Office of the
Secretary, in accordance with the regulations contained in 43 CFR, Part 4. If an appeal is
taken, your notice of appeal must be filed in this office (at the above address) within 30
days from receipt of this decision. The appellant has the burden of showing that the
decision appealed from is in error.