[Federal Register: February 12, 2008 (Volume 73, Number 29)]
[Notices]
[Page 8060-8062]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe08-55]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
DEPARTMENT OF AGRICULTURE
Forest Service
[UT-070-1320-EL; UTU-84102]
Notice of Intent To Prepare an Environmental Impact Statement and
To Conduct Public Scoping on the Greens Hollow Coal Lease Tract
AGENCY: Bureau of Land Management, USDI, and Forest Service, USDA.
ACTION: Notice of Intent to prepare an environmental impact statement
(EIS) and to initiate public scoping for the Greens Hollow Coal Lease
Tract Lease by Application (LBA) filed by Ark Land Company, a
subsidiary of Arch Coal, Inc. in Sanpete and Sevier Counties, Utah.
-----------------------------------------------------------------------
SUMMARY: Pursuant to Section 102 (2) (C) of the National Environmental
Policy Act (NEPA) of 1969, the Bureau of Land Management (BLM), Price
Field Office, and the Manti-La Sal and Fishlake National Forests
announce their intent to prepare an EIS and are soliciting public
comments regarding issues and resource information on the potential
impacts of a proposal to mine Federal coal, using underground methods
with limited surface facilities, in the vicinity of Greens Hollow, Utah
as requested by Ark Land Company in LBA case number UTU-84102 and in
conformance with the provisions of 43 Code of Federal Regulations (CFR)
3425.1.
DATES: This notice initiates the public scoping process. Comments
concerning the scope of the analysis must be received within 45 days of
publication in the Federal Register. The draft EIS is expected in June
of 2008 and the final EIS is expected in November of 2008.
ADDRESSES: Send written comments to Bureau of Land Management, Attn:
Steve Rigby, Price Field Office, 125 South 600 West, Price, Utah 84501.
Written comments may also be hand-delivered to the Price Field Office
or sent by facsimile to 435-636-3657. Comments may be sent
electronically to UT_Pr_Comments2@blm.gov (please reference Greens
Hollow Coal Lease Tract EIS in the subject field).
FOR FURTHER INFORMATION CONTACT: Steve Rigby, Project Manager, BLM
Price Field Office, 125 South 600 West, Price, Utah 84501 or phone 435-
636-3604.
SUPPLEMENTARY INFORMATION: The proposed Greens Hollow coal lease tract
is located on the Manti-La Sal and Fishlake National Forests on the
southern end of the Wasatch Plateau, Wasatch Plateau coal field, in the
Wasatch Plateau Known Recoverable Coal Resource Area (KRCRA). The
surface and coal resources are both federally owned. The Manti-La Sal
and Fishlake National Forests administer the surface resources, while
the BLM administers the subsurface coal resources.
The Greens Hollow coal lease tract is located in the Muddy Creek
and North Fork Quitchupah Creek drainages. The area is approximately
10.5 air miles west of the town of Emery, Utah or 5 miles north of the
SUFCO mine portal in Convulsion Canyon. The final coal lease tract, as
amended by the Tract Delineation Team, encompasses 6,334 acres of
Federal coal estate. Most of the proposed lease is on the Manti-La Sal
National Forest (approximately 6,253 acres), while a small part along
the southern edge of the tract is on the Fishlake National Forest
(approximately 81 acres). A map of the proposed lease tract is
available at http://cq.blm.gov/author/ut/en/fo/price/energy/Coal.html.
Coal reserves in the Greens Hollow coal lease tract are estimated
at 73 million minable tons of coal. Ark Land Company has applied to the
BLM to lease the coal reserves to increase the production life of their
existing SUFCO Mine complex. The tract lies immediately adjacent to and
north and west of the existing SUFCO Mine. If Ark Land Company obtains
the tract, it would be mined by long-wall methods through underground
workings in their existing permit area. Existing portal facilities in
the SUFCO mine complex would be used. New surface facilities would
include two new vent shafts, a power line to one of the shafts, and
exploratory drill holes. The analysis of
[[Page 8061]]
impacts will be prepared assuming mining would be done through the
SUFCO mine. Because the lease offering would be by competitive bid, if
a company other than Ark Land were the successful bidder, the adequacy
of the EIS would be re-evaluated to determine if it could be used as
the basis for mining plan approval.
The Greens Hollow EIS will be consistent with the Manti-La Sal and
Fishlake National Forests Land and Resource Management Plans (Forest
Plans). The Forest Plans provide the overall guidance (Goals,
Objectives, Standards, and Management Area Direction) to achieve the
Desired Future Condition for the area being analyzed, and contain
specific management area prescriptions for each Forest. The proposed
lease tract is in a management area that is available for further
consideration for coal leasing. The Forest Service and BLM have
determined that data are available to meet the Data Adequacy Standards
for Federal Coal Leasing, Uinta-Southwestern Utah Coal Region.
The Greens Hollow coal tract falls within the Muddy Creek coal
tract and a 2-mile buffer, for which three years of field data were
collected and a technical analysis of potential effects to resources
present in the tract were completed in anticipation of a mining
proposal. In 2004 the Forest Service initiated the preparation of an
EIS for the Muddy Creek tract. Public scoping was conducted from March
5, 2004 through April 12, 2004 and a total of 10 responses were
received. Based on the scoping comments and internal agency review,
four resources were identified for detailed analysis in the Muddy Creek
EIS: water resources, wildlife and wildlife habitat, vegetation, and
cultural/paleontological resources. Previously collected data will be
reviewed and updated to ensure the data remain valid for the Greens
Hollow analysis.
Purpose and Need for Action
The purpose of the Proposed Action is to provide appropriate
opportunities for leasing and development of Federal coal resources
(USDA-FS 1986) under the Manti-La Sal and Fishlake National Forests,
and to make cleared tracts available for leasing, subject to the
mitigation requirements determined through multiple-use management and
environmental review.
Ark Land Company, as the lease applicant, has expressed the need to
obtain rights to additional minable coal in order to extend the life of
the SUFCO Mine by approximately 10 years, maintain production, remain
competitive in the current coal market, and to maintain current coal
contracts.
Proposed Action
The proposed action would offer the Greens Hollow Coal Lease Tract
for competitive leasing. Technical data and analysis would be reviewed
to determine if lease stipulations would be needed to protect non-
mineral resources consistent with BLM and Forest Service policies and
Forest Plan Standards/Guidelines and Objectives.
Possible Alternatives
All of the alternatives and options may not be known until after
data collection and completion of the analysis. However, the EIS would
likely consider the following alternatives.
Alternative 1 (No Action)--The no action alternative will provide a
baseline for evaluating the effects of the action alternatives. Under
this alternative the lease tract would not be offered for leasing at
this time and there would be no mining within the tract.
Alternative 2--Under this alternative, the tract would be offered
for competitive leasing, as delineated by the Tract Delineation Team,
with BLM standard lease terms and conditions only. No special coal
lease stipulations would be included in the lease to be offered.
Alternative 3--Under this alternative, the tract would be offered
for competitive leasing, as delineated, with BLM standard lease terms
and conditions and special stipulations to protect non-mineral
resources and uses.
Other Action Alternatives--Other alternatives may be developed, as
needed, to address social and environmental issues or opportunities.
Lead and Cooperating Agencies
The Bureau of Land Management, Price Field Office, and the Forest
Service, Manti-La Sal and Fishlake National Forests, will be joint lead
agencies for this project. The Office of Surface Mining (OSM) will
participate as a cooperating agency.
Responsible Official
The responsible official for the Bureau of Land Management is Selma
Sierra, Utah State Director, Bureau of Land Management, 440 West 200
South, Suite 500, Salt Lake City, Utah 84145-0155. The responsible
officials for the Forest Service are Howard Sargent, Forest Supervisor,
Manti-La Sal National Forest, 599 W. Price River Drive, Price, Utah
84501, and Mary Erickson, Forest Supervisor, Fishlake National Forest,
115 East 900 North, Richfield, Utah 84701.
Nature of Decision To Be Made
In accordance with the Mineral Leasing Act of 1920, as amended, the
Utah State Director of the BLM will decide whether or not to offer the
tract for competitive leasing and under what terms, conditions, and
stipulations.
In accordance with the Coal Leasing Amendments Act of 1975, which
amended the Mineral Leasing Act of 1920, the Forest Supervisors, Manti-
La Sal and Fishlake National Forests, will decide whether or not to
consent to leasing by the Bureau of Land Management. If they consent to
leasing, they will identify special coal lease stipulations needed to
protect non-mineral resources.
Scoping Process
This notice of intent in the Federal Register initiates the scoping
process for the Greens Hollow Coal Lease Tract Environmental Impact
Statement. Agency and public scoping comments guide the development of
the EIS. It is important that those interested in this proposed action
participate at this time. Scoping notification is also given in the Sun
Advocate and Richfield Reaper, the newspapers of record. In addition, a
public notice will be published in the Emery County Progress and the
Salina Sun and mailed to potentially interested parties. Interested
parties are invited to submit comments as outlined above. To be most
helpful, your comments should be as specific as possible.
The lead agencies are seeking information and comments from
Federal, State, and local agencies as well as individuals and
organizations that may be interested in, or affected by, the proposed
action. The BLM and Forest Service invite written comments and
suggestions on issues related to the proposal and the area being
analyzed. Information received will be used in preparation of the draft
EIS and final EIS. No public meetings are currently planned.
Comments, including names and addresses of respondents, will be
available for public review at the BLM Price Field Office, and will be
subject to disclosure under the Freedom of Information Act (FOIA).
Before including your address, phone number, e-mail address, or other
personal identifying information in your comment, you should be aware
that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask in your comment to withhold your personal identifying information
from public review, we cannot guarantee that we will be able to
[[Page 8062]]
do so. All submissions from organizations and businesses, or from
individuals identifying themselves as representatives or officials of
organizations or businesses, will be available for public inspection in
their entirety.
A draft EIS will be prepared for public review and comment. The
comment period on the draft EIS will be 45 days from the date the
Environmental Protection Agency publishes the notice of availability in
the Federal Register. It is very important that those interested in
this proposed action participate by the close of the 45-day comment
period so that substantive comments and objections are made available
to the Bureau of Land Management at a time when it can meaningfully
consider them and respond to them in the final EIS.
To assist the agencies in identifying and considering issues and
concerns on the proposed action, comments on the draft EIS should be as
specific as possible. It is also helpful if comments refer to specific
pages or chapters of the draft statement. Comments may also address the
adequacy of the draft EIS or the merits of the alternatives formulated
and discussed in the statement. Reviewers may wish to refer to the
Council on Environmental Quality Regulations for implementing the
procedural provisions of the National Environmental Policy Act at 40
CFR 1503.3 in addressing these points.
The lead agencies believe, at this early stage, it is important to
give reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
draft EISs must structure their participation in the environmental
review of the proposal so that it is meaningful and alerts an agency to
the reviewer's position and contentions. Vermont Yankee Nuclear Power
Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections
that could be raised at the draft EIS stage but that are not raised
until after completion of the final EIS may be waived or disregarded by
the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir.
1986); and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338
(E.D. Wis. 1980).
(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21; BLM/DOI NEPA Handbook 516 DM).
Preliminary Issues
Issues and alternatives to be evaluated in the analysis for the
Greens Hollow coal lease tract will be determined through public
scoping. The major issues are expected to include water resources,
wildlife and wildlife habitat, vegetation, cultural/paleontological
resources, employment in the local area, and economic viability of the
local and regional areas.
Permits or Licenses Required
The operator must obtain a permit from the Secretary of the
Interior prior to commencing mining, contingent upon review and
acceptance of the mining and reclamation plan in accordance with
Surface Mining Control and Reclamation Act of 1977 (SMCRA) and the
requirements of 30 CFR 700 to end.
Dated: January 29, 2008.
Selma Sierra,
Utah State Director, BLM.
Dated: January 29, 2008.
Howard Sargent,
Forest Supervisor, Manti-La Sal National Forest.
[FR Doc. E8-2557 Filed 2-11-08; 8:45 am]
BILLING CODE 3410-11-P