Temporary roads could be allowed in CO Roadless Area

Supplemental environmental analysis to quantify greenhouse gas emissions

Road building and mining exploration could be allowed in the Colorado Roadless Area within Gunnison County. The U.S. Forest Service is proposing a rulemaking that would allow temporary roads to be built for mining exploration in a 19,100-acre area in the North Fork Valley. A federal judge struck down the original rule, called the North Fork Coal Mining Area exception, in September 2014.

The judge’s ruling stated that the Forest Service did not fully comply with the National Environmental Policy Act (NEPA). Now, the Forest Service is looking to reinstate the exception through a Supplemental Environmental Impact Statement (SEIS).
Forest Service spokesperson Phil DeSenze explained that the court identified deficiencies in its environmental analysis and the agency needed to further analyze greenhouse gas emissions.
“In short, the ruling was that we did complete an analysis of the greenhouse gas emissions, but it was a qualitative one. The way we’re reading it, the judge’s ruling was that [since we included] a quantitative analysis of the financial impacts, we should in kind quantify greenhouse gas emissions,” DeSenze said.
The SEIS is the agency’s strategy for addressing those deficiencies, and DeSenze said that Forest Service scientists are putting together the latest science and methodology to quantify green house gas emission. On April 6, when the agency provided a notice of intent to conduct the SEIS and reinstate the exception, it kicked off a 45-day comment period to give the public a chance to weigh in.
“In no way does this allow mining to take place,” DeSenze said. “Our goal is to keep that option open, but the public comment and environmental analysis may change things.”
High Country Conservation Advocates (HCCA) was one of three environmental groups that filed the lawsuit calling the North Fork Coal Mining Area exception into question. Alli Melton, HCCA’s public lands director, said the organization will have to wait and see whether the SEIS addresses the judge’s ruling.
“The quantification is really what [the ruling] is after. If you’re able to get down to the exact dollar of potential economic impact regarding jobs and growth, there is a tool to do that for the quantitative carbon impact as well,” Melton said.
She indicated that HCCA intends to provide exhaustive comments, including a consideration of factors that have changed since the previous EIS was released in 2012. That means looking at the latest information available on climate change, such as the global warming potential of greenhouse gases, but also looking at changes in the local coal market.
“The North Fork Oxbow mine closed due to a mine fire, and my understanding is that they are also potentially selling off equipment. So what is the potential for them to reopen?” Melton said, also pointing out that the Bowie Mine won’t benefit from the proposed rulemaking because it is not located near the Roadless Area.
“You end up with Arch Coal being one single company that stands to benefit from the federal government looking at the degradation of a Roadless Area. That kind of change locally is something to look at,” she continued.
Melton also noted that coal development runs contrary to much of the national discussion taking place around climate change, particularly given recent actions taken by the Obama administration to address it. The exception to the Roadless Rule would open the door to mining approximately 250 million tons of coal.
“If climate change is a concern for people, this is an issue they can engage on and participate in,” Melton said.
DeSenze did confirm that the notice of intent does not include any lease modifications for Arch Coal. The same judge that ruled on the North Fork Coal Mining Area exception also ruled that there were deficiencies in the agency’s environmental analysis when it modified Arch Coal’s lease to mine in the same area. That will be addressed in a separate environmental analysis later this year.
Following this public comment period, the agency will complete its analysis and put forward a draft rule and SEIS. DeSenze said that would probably take place by the fall, and would be followed by a second public comment period. Then, the agency can proceed with or without modifications, and there would be a third opportunity for public comment. The earliest a final record of decision would take place would be next spring, DeSenze said, and at that point, any proposed development would go through its own permitting process.
“The public has the opportunity at this point and in the future to provide comment, and we encourage that,” DeSenze said. The current public comment period lasts until May 21, 2015. The notice of proposed rulemaking and notice of intent to develop the SEIS are available for review and comment online at  www.fs.usda.gov/goto/coroadlessrule.