While the State of Colorado continues to work on its own roadless policy, West Elk Mine has received good news from USDA Secretary Thomas Vilsack. In a letter to U.S. Rep. John Salazar, Secretary Vilsack wrote the regional forester and the Grand Mesa, Uncompahgre and Gunnison National Forests supervisor were instructed they may initiate National Environmental Policy Act (NEPA) requirements for the expansion of the West Elk Mine.

Rep. Salazar had contacted the USDA in early Oct. 2009.

Theo Stein, communications director for Colorado Department of Natural Resources, stated, “On Feb. 5, Secretary Vilsack of USDA sent a letter to Congressman John Salazar notifying him that the secretary had given the green light for the environmental review of the West Elk Mine expansion proposal.

“We do not yet have a similar green light for Elk Creek Mine, but we hope it will be resolved very soon. We are gratified that the secretary has informed the regional forester and the GMUG supervisor that they may proceed with the environmental review of the bore hole installation for the West Elk expansion.”

Stein noted there is a difference between what is happening with the state roadless rule and the question of moving forward with the expansion of Oxbow’s Elk Creek Mine and Mountain Coal’s West Elk Mine, and the installation of bore holes.

“The state roadless rule is in the process of being developed. Very soon we hope to be able to submit a final request to the Department of Agriculture, but that is going to kick off a lengthy environmental review. The process of approving these bore holes does not have to wait for that to happen. The Secretary of Agriculture has said last year that any activities which will occur in a roadless area that would violate the 2001 rule must first be approved by him. This is the path that we are pursuing.”

Local lawmakers have been concerned about delays in the establishment of the state roadless rule. In a letter dated Jan. 25, to Gov. Bill Ritter from State Sen. Josh Penry and State Rep. Kathleen Curry, they wrote, “Colorado’s roadless policy remains in limbo thanks to administrative gridlock in Washington. These delays have created an environment of uncertainty that is having real-life economic consequences for many rural industries. One such industry is coal mining.”

The letter noted the bipartisan Roadless Review Task Force had authorized the venting operations requested by the local coal mines and also endorsed “narrowly-tailored expansion of existing coal mines into roadless areas.”

Sen. Penry and Rep. Curry asked Gov. Ritter to contact Sec. Vilsack about approving the bore holes.

In Sec. Vilsack’s letter to U.S. Rep. Salazar, he stated “It is the Department of Agriculture’s policy to review projects in roadless areas requiring approval under the Secretary’s Memorandum 1042-154 of May 28, 2009, at the appropriate decision point. However, the West Elk Mine expansion proposal is not currently at a decision point.” Vilsack then notified the regional forester and GMUG supervisor to proceed with the NEPA requirements “at their discretion.”

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