80_FR_25049 80 FR 24965 - Notice of Availability of the Final Four Corners Power Plant and Navajo Mine Energy Project Environmental Impact Statement

80 FR 24965 - Notice of Availability of the Final Four Corners Power Plant and Navajo Mine Energy Project Environmental Impact Statement

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

Federal Register Volume 80, Issue 84 (May 1, 2015)

Page Range24965-24967
FR Document2015-10020

In accordance with the National Environmental Policy Act of 1969, et seq. (NEPA) the Office of Surface Mining Reclamation and Enforcement (OSMRE) has prepared a Final Environmental Impact Statement (FEIS) for the Four Corners Power Plant (FCPP) and Navajo Mine Energy Project, and is announcing its availability.

Federal Register, Volume 80 Issue 84 (Friday, May 1, 2015)
[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Notices]
[Pages 24965-24967]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10020]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1S SS08011000 SX066A000 67F 134S180110; S2D2S SS08011000 SX066A00 
33F 13xs501520]


Notice of Availability of the Final Four Corners Power Plant and 
Navajo Mine Energy Project Environmental Impact Statement

AGENCY: Office of Surface Mining Reclamation and Enforcement, 
Department of the Interior.

ACTION: Notice of Availability.

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SUMMARY: In accordance with the National Environmental Policy Act of 
1969, et seq. (NEPA) the Office of Surface Mining Reclamation and 
Enforcement (OSMRE) has prepared a Final Environmental Impact Statement 
(FEIS) for the Four Corners Power Plant (FCPP) and Navajo Mine Energy 
Project, and is announcing its availability.

DATES: The OSMRE will not issue a final decision on the Proposed Action 
and Alternatives for a minimum of 30 days from the date that the U.S. 
Environmental Protection Agency (USEPA) publishes this notice in the 
Federal Register.

ADDRESSES: People interested in reviewing the FEIS can access the 
document via OSMRE's Web site at: http://www.wrcc.osmre.gov/Current_Initiatives/FCNAVPRJ/FCPPEIS.shtm. Copies of the FEIS are 
available to the public at the OSMRE's Western Region office, located 
at 1999 Broadway, Suite 3320, Denver, Colorado 80202-5733. Paper and CD 
copies of the FEIS are also available at the following locations:

Navajo Nation Library--Highway 264 Loop Road, Window Rock, AZ 86515
Navajo Nation Division of Natural Resources--Executive Office Building 
1-2636, Window Rock Blvd., Window Rock, AZ 86515
Hopi Public Mobile Library--1 Main Street, Kykotsmovi, AZ 86039
Albuquerque Main Library--501 Copper Ave., NW., Albuquerque, NM 87102
Cortez Public Library--202 N. Park Street, Cortez, CO 81321
Durango Public Library--1900 E. Third Ave., Durango, CO 81301
Farmington Public Library--2101 Farmington Ave., Farmington, NM 87401
Octavia Fellin Public Library--115 W. Hill Ave., Gallup, NM 87301
Shiprock Branch Library--U.S. Highway 491, Shiprock, NM 87420
Tuba City Public Library--78 Main Street, Tuba City, AZ 86045
Chinle Chapter House--Highway 191, Chinle, AZ 86503
Coalmine Canyon Chapter House--Highway 160 and Main Street, Tuba City, 
AZ 86045
Nenahnezad Chapter House--County Road 6675, Navajo Route 365, 
Fruitland, NM 87416
Shiprock Chapter House--East on Highway 64, Shiprock, NM 87420
Tiis Tsoh Sikaad Chapter House--12 miles east of U.S. 491 on Navajo 
Route 5 and \1/2\ mile south on Navajo Route 5080
Upper Fruitland Chapter House--N562 Building #006-001, North of Highway 
N36, Fruitland, NM 87416
BLM Rio Puerco Field Office--435 Montano Road, NE., Albuquerque, NM 
87107
BIA Navajo Region--301 West Hill Street, Gallup, NM 87301

[[Page 24966]]

BIA Chinle Office--Navajo Route 7, Building 136-C, Chinle, AZ 86503
BIA Eastern Navajo Office--Highland Road Code Talker Street, Building 
222, Crownpoint, NM 87313
BIA Fort Defiance Office--Bonita Drive, Building 251-3, Fort Defiance, 
AZ 86504
BIA Ramah Office--HC-61, Box 14, Ramah, NM 87321
BIA Shiprock Office--Nataani Nez Complex Building, Second Floor, 
Highway 491 South, Shiprock, NM 87420
BIA Southern Pueblos Office--1001 Indian School Road, NW., Albuquerque, 
NM 87104
BIA Southern Ute Office--383 Ute Road, Building 1, Ignacio, CO 81137
BIA Ute Mountain Ute Office--Phillip Coyote Sr. Memorial Hall, 440 
Sunset Blvd., Towaoc, CO 81334
BIA Western Navajo Agency--East Highway 160 and Warrior Drive, Tuba 
City, AZ 86045

In addition, a limited number of CD copies of the FEIS have been 
prepared and are available upon request. Because of the time and 
expense in producing and mailing CD and paper copies, OSMRE requests 
that the public review the Internet or publicly available copies, if 
possible. You may obtain a CD by contacting the person identified in 
FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: For further information contact Mychal 
Yellowman, Project Coordinator, telephone: 303-293-5049; address: 1999 
Broadway, Suite 3320, Denver, Colorado 80202-5733; email: 
[email protected].

SUPPLEMENTARY INFORMATION:
I. Background on the Project
II. Background on the Four Corners Power Plant
III. Background on the Pinabete Mine Permit and the Navajo Mine 
Permit Renewal
IV. Alternatives
V. Response to Public Comment

I. Background on the Project

    The purpose of the Proposed Action is to allow continued operations 
of the FCPP and Navajo Mine and operation of the associated 
transmission lines. The Proposed Action would be consistent with 
federal Indian trust policies, including, but not limited to, a 
preference for tribal self-determination and promoting tribal economic 
development for all tribes affected by the Proposed Action. The FEIS 
evaluates the direct, indirect, and cumulative impacts of the Proposed 
Action at the FCPP, the proposed Pinabete Permit area, the existing 
Navajo Mine Permit area, and the rights-of-way renewals for segments of 
four transmission lines that transmit power from the FCPP. The public 
may view information about the Proposed Action on OSMRE's Web site at: 
http://www.wrcc.osmre.gov/Current_Initiatives/FCNAVPRJ/FCPPEIS.shtm.
    Cooperating agencies for this NEPA process include: the Bureau of 
Indian Affairs (BIA), the Bureau of Land Management (BLM), the U.S. 
Environmental Protection Agency (USEPA), the U.S. Fish and Wildlife 
Service (USFWS), the National Park Service (NPS), the U.S. Army Corps 
of Engineers (USACE), the Navajo Nation, and the Hopi Tribe.
    OSMRE complied with Section 106 of the National Historic 
Preservation Act (54 U.S.C. Sec.  300101, et seq.) (NHPA Section 106) 
as provided for in 36 CFR 800.2(d)(3) concurrent with the NEPA process, 
including public involvement requirements and consultation with the 
State Historic Preservation Officer and Tribal Historic Preservation 
Officer. Consultation with Tribes and individual Native Americans were 
conducted in accordance with applicable laws, regulations, and 
Department of the Interior (DOI) trust policy as summarized in the 
FEIS. Consultation is complete and Programmatic Agreements have been 
signed by the consulting parties. These agreements are included as 
attachments to the FEIS.
    OSMRE also conducted formal consultation with the USFWS pursuant to 
Section 7 of the Endangered Species Act (ESA; 16 U.S.C. 1536) and 
associated implementing regulations (50 CFR part 400). This formal 
consultation considered direct, indirect, and cumulative effects from 
the Proposed Action, and USFWS prepared a Biological Opinion which is 
included as an attachment to the FEIS.
    Federal actions related to FCPP and Navajo Mine Energy Project will 
comply with all applicable laws and regulations, including: the Indian 
Business Site Leasing Act, 25 U.S.C. Sec.  415; the General Right-of-
Way Act of 1948, 25 U.S.C. Sec. Sec.  323-328; the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. Sec. Sec.  1201-
1328; the Clean Water Act, 33 U.S.C. Sec. Sec.  1251-1387; the Clean 
Air Act, 42 U.S.C. Sec. Sec.  7401-7671q; the Native American Graves 
Protection and Repatriation Act, 25 U.S.C. Sec. Sec.  3001-3013; and 
Executive Orders relating to Environmental Justice, Sacred Sites, and 
Government-to-Government Consultation.

II. Background on Lease Amendment No. 3 at the Four Corners Power Plant

    The FCPP is a coal-fired electric generating station located on 
Navajo tribal trust lands. FCPP currently includes two energy 
generation units producing approximately 1,500 megawatts, and provides 
power to more than 500,000 customers throughout the southwestern U.S. 
Nearly 80 percent of the employees at the plant are Native American. 
Arizona Public Service (APS) operates the FCPP and executed a lease 
amendment (Lease Amendment No. 3) with the Navajo Nation to extend the 
term of the FCPP lease for an additional 25 years, to 2041. Continued 
operation of the FCPP would require several federal actions, including:
     BIA approval of Lease Amendment No.3 for the FCPP, 
pursuant to 25 U.S.C. 415. If approved, the ash disposal area would be 
expanded within the existing FCPP lease area. There are no additional 
proposed changes to the FCPP, the switch yard, or any of the 
transmission lines and ancillary facilities, as part of the Proposed 
Action.
     BIA issuance of renewed rights-of-way, pursuant to 25 
U.S.C. 323, for the continued operation of the FCPP, switchyard, and 
ancillary facilities; for a 500 kilovolt (kV) transmission line and two 
345 kV transmission lines; and for ancillary transmission line 
facilities, including the Moenkopi Switchyard, an associated 12 kV 
line, and an access road (collectively the ``existing facilities''). 
These existing facilities are located on Navajo tribal trust lands, 
except for the 500 kV transmission line, which crosses both Navajo and 
Hopi tribal trust lands. The Proposed Action would continue operation 
and maintenance of these facilities. No upgrades to the existing 
facilities are part of the Proposed Action.
     BIA issuance of renewed rights-of-way to the Public 
Service of New Mexico (PNM) for the existing 345 kV transmission line. 
The transmission line will continue to be maintained and operated as 
part of the Proposed Action. No upgrades to this transmission line are 
planned as part of the Proposed Action.
    In August 2012, the USEPA published its Federal Implementation Plan 
(FIP) for the Best Available Retrofit Technology (BART) at FCPP (40 CFR 
49.5512). As a result, APS decommissioned Units 1, 2, and 3 at the FCPP 
in December 2013, and will install selective catalytic reduction 
equipment on Units 4 and 5 by 2018.

III. Background on Pinabete Mine Permit and the Navajo Mine Permit 
Renewal

    NTEC proposes to conduct surface coal mining operations within a 
new 5,659-acre permit area, called the Pinabete Permit area. This 
proposed permit area lies within the boundaries

[[Page 24967]]

of the existing Navajo Mine lease, which is located adjacent to the 
FCPP on Navajo tribal trust lands. Surface mining operations would 
occur on an approximately 2,744-acre portion of the proposed Pinabete 
Permit area, with a total disturbance footprint, including staging 
areas, of approximately 4,100 acres. The proposed Pinabete Permit area 
would, in conjunction with the mining of any reserves remaining within 
the existing Navajo Mine Permit area (Federal SMCRA Permit NM0003F), 
supply low-sulfur coal to the FCPP at a rate of approximately 5.8 
million tons per year. Development of the Pinabete Permit area and 
associated coal reserves would use surface mining methods, and based on 
current projected customer needs, would supply coal to FCPP for up to 
25 years beginning in 2016. The proposed Pinabete Permit area would 
include previously permitted but undeveloped coal reserves within Area 
IV North of the Navajo Mine Lease, and unpermitted and undeveloped coal 
reserves in a portion of Area IV South of the existing Navajo Mine 
Lease. Approval of the proposed Pinabete Permit would require several 
federal actions, including:
     OSMRE approval of the new SMCRA permit.
     BLM approval of a revised Mine Plan developed for the 
proposed maximum economic recovery of coal reserves.
     USACE approval of a Section 404 Individual Permit for 
impacts to waters of the United States from proposed mining activities.
     USEPA approval of a new source Section 402 National 
Pollutant Discharge Elimination System (NPDES) Industrial Permit 
associated with the mining and reclamation operations and coal 
preparation facilities.
     BIA approval of a proposed realignment for approximately 
2.8 miles of BIA 3005/Navajo Road N-5082 (Burnham Road) in Area IV 
South to avoid proposed mining areas. This realignment would not be 
needed until 2022; however, the potential impacts of this realignment 
are analyzed in the FEIS.
     BIA approval or grant of permits or rights-of-way for 
access and haul roads, power supply for operations, and related 
facilities.
    In addition, in 2014, OSMRE administratively delayed its decision 
on NTEC's renewal application for its existing Navajo Mine SMCRA Permit 
No. NM00003F. The EIS, therefore, also addresses alternatives and 
direct, indirect, and cumulative impacts of the 2014 renewal 
application action.

IV. Alternatives

    Alternatives considered in the FEIS include three different mine 
plan configurations at Navajo Mine; implementing highwall or longwall 
mining techniques at the Navajo Mine; two different ash disposal 
facility configurations at FCPP; conversion of FCPP to a renewable 
energy plant; implementing carbon capture and storage at FCPP; and use 
of an off-site coal supply option for FCPP.

V. Revisions to the Draft EIS

    In accordance with the CEQ's regulations for implementing NEPA and 
the DOI's NEPA regulations, OSMRE solicited public comments on the 
Draft EIS. OSMRE responses to comments are included in Appendix F of 
the FEIS. Comments on the Draft EIS received from the public were 
considered and incorporated as appropriate into the FEIS. Public 
comments resulted in the addition of clarifying text, but did not 
change any of the impact analyses or significance determinations.
    In addition, the FEIS includes updates based on evolving regulatory 
guidance and completion of the Section 106 and Section 7 consultation 
processes.

    Authority: 40 CFR 1506.6, 40 CFR 1506.10.

    Dated: April 16, 2015 .
Joseph G. Pizarchik,
Director, Office of Surface Mining Reclamation and Control.
[FR Doc. 2015-10020 Filed 4-30-15; 8:45 am]
 BILLING CODE 4310-05-P



                                                                                    Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices                                          24965

                                                     • BLM, Caliente Field Office, U.S.                   Forest plans would be affected by one                 Enforcement (OSMRE) has prepared a
                                                  Highway 93, Building #1, Caliente,                      or more of the alternatives.                          Final Environmental Impact Statement
                                                  Nevada 89008;                                              Project-specific amendments for the                (FEIS) for the Four Corners Power Plant
                                                     • BLM, Las Vegas Field Office, 4701                  Uinta and Manti La-Sal National Forest                (FCPP) and Navajo Mine Energy Project,
                                                  North Torrey Pines Drive, Las Vegas,                    Plans are identified for the Agency                   and is announcing its availability.
                                                  Nevada 89130; and                                       Preferred Alternative.                                DATES: The OSMRE will not issue a final
                                                     • Forest Service (Lead Forest Office)                   Agency Decisions on the proposed                   decision on the Proposed Action and
                                                  Dixie National Forest, 1789 North                       Project: Based on the environmental                   Alternatives for a minimum of 30 days
                                                  Wedgewood Lane, Cedar City, Utah                        analysis in this Final EIS, the BLM                   from the date that the U.S.
                                                  84721.                                                  Wyoming State Director will decide                    Environmental Protection Agency
                                                     A limited number of paper copies of                  whether to authorize, authorize with                  (USEPA) publishes this notice in the
                                                  the document will be available as                       modifications, or deny the application                Federal Register.
                                                  supplies last. To request a copy, contact               based on the proposed Project, Agency                 ADDRESSES: People interested in
                                                  Sharon Knowlton, Project Manager,                       Preferred Alternative, alternatives, or               reviewing the FEIS can access the
                                                  BLM Wyoming State Office, P.O. Box                      any combination thereof on Public                     document via OSMRE’s Web site at:
                                                  20678, Cheyenne, WY 82003.                              Lands. Based on the BLM decision, the                 http://www.wrcc.osmre.gov/Current_
                                                     BLM Land Use Plan Amendments and                     Administrator for Western will decide                 Initiatives/FCNAVPRJ/FCPPEIS.shtm.
                                                  the Protest Process: Depending on the                   whether it would use its borrowing                    Copies of the FEIS are available to the
                                                  route alternative, potential plan                       authority to partially finance and hold               public at the OSMRE’s Western Region
                                                  amendments proposed by the BLM are                      partial ownership with TransWest in the               office, located at 1999 Broadway, Suite
                                                  needed for the portions of the proposed                 resulting transmission facilities and                 3320, Denver, Colorado 80202–5733.
                                                  Project crossing BLM-administered                       capacity. The Forest Service will issue               Paper and CD copies of the FEIS are also
                                                  lands that do not conform to the                        a separate ROD specific to its decision               available at the following locations:
                                                  respective land use plan. These include                 whether to authorize a Special Use
                                                                                                                                                                Navajo Nation Library—Highway 264
                                                  the following:                                          Permit on National Forest System land.
                                                                                                                                                                   Loop Road, Window Rock, AZ 86515
                                                     • Region I. Two plan amendments                         Before including your phone number,
                                                                                                                                                                Navajo Nation Division of Natural
                                                  would be required. The BLM Rawlins                      email address, or other personal
                                                                                                                                                                   Resources—Executive Office Building
                                                  and Little Snake Field Office plans                     identifying information in your protest,
                                                                                                                                                                   1–2636, Window Rock Blvd., Window
                                                  would be affected.                                      you should be aware that your entire
                                                                                                                                                                   Rock, AZ 86515
                                                     • Region II. One to four plan                        protest—including your personal
                                                                                                                                                                Hopi Public Mobile Library—1 Main
                                                  amendments would be required. The                       identifying information—may be made
                                                                                                                                                                   Street, Kykotsmovi, AZ 86039
                                                  BLM White River, Vernal, Price, and                     publicly available at any time. While
                                                                                                                                                                Albuquerque Main Library—501 Copper
                                                  Salt Lake Field Office plans would be                   you can ask us in your protest to
                                                                                                                                                                   Ave., NW., Albuquerque, NM 87102
                                                  affected.                                               withhold your personal identifying
                                                                                                                                                                Cortez Public Library—202 N. Park
                                                     • Region III. One plan amendment                     information from public review, we
                                                                                                                                                                   Street, Cortez, CO 81321
                                                  would be required. The BLM Caliente                     cannot guarantee that we will be able to              Durango Public Library—1900 E. Third
                                                  Field Office plan would be affected.                    do so.                                                   Ave., Durango, CO 81301
                                                     • Region IV. No plan amendments                      Mark A. Gabriel,                                      Farmington Public Library—2101
                                                  would be required.                                      Administrator, Western Area Power                        Farmington Ave., Farmington, NM
                                                     Instructions for filing a protest with               Administration.                                          87401
                                                  the Director of the BLM regarding the                   Mary Jo Rugwell,                                      Octavia Fellin Public Library—115 W.
                                                  proposed BLM land use plan                                                                                       Hill Ave., Gallup, NM 87301
                                                                                                          Acting BLM Wyoming State Director.
                                                  amendments may be found in the ‘‘Dear                                                                         Shiprock Branch Library—U.S. Highway
                                                                                                          [FR Doc. 2015–10248 Filed 4–30–15; 4:15 pm]
                                                  Reader’’ Letter of the Final EIS and at 43                                                                       491, Shiprock, NM 87420
                                                  CFR 1610.5–2. All protests must be in                   BILLING CODE 4310–22–P
                                                                                                                                                                Tuba City Public Library—78 Main
                                                  writing and mailed to the appropriate                                                                            Street, Tuba City, AZ 86045
                                                  address, as set forth in the ‘‘ADDRESSES’’                                                                    Chinle Chapter House—Highway 191,
                                                  section above. Emailed protests will not                DEPARTMENT OF THE INTERIOR
                                                                                                                                                                   Chinle, AZ 86503
                                                  be accepted as valid protests unless the                Office of Surface Mining Reclamation                  Coalmine Canyon Chapter House—
                                                  protesting party also provides the                      and Enforcement                                          Highway 160 and Main Street, Tuba
                                                  original letter by either regular mail or                                                                        City, AZ 86045
                                                  overnight delivery postmarked by the                    [S1D1S SS08011000 SX066A000 67F                       Nenahnezad Chapter House—County
                                                  close of the protest period. Under these                134S180110; S2D2S SS08011000 SX066A00                    Road 6675, Navajo Route 365,
                                                  conditions, the BLM will consider the                   33F 13xs501520]
                                                                                                                                                                   Fruitland, NM 87416
                                                  email as an advance copy and it will                                                                          Shiprock Chapter House—East on
                                                                                                          Notice of Availability of the Final Four
                                                  receive full consideration. If you wish to                                                                       Highway 64, Shiprock, NM 87420
                                                                                                          Corners Power Plant and Navajo Mine
                                                  provide the BLM with such advance                                                                             Tiis Tsoh Sikaad Chapter House—12
                                                                                                          Energy Project Environmental Impact
                                                  notification, please direct emails to                                                                            miles east of U.S. 491 on Navajo
                                                                                                          Statement
                                                  protest@blm.gov.                                                                                                 Route 5 and 1⁄2 mile south on Navajo
                                                     Forest Service Land Use Plan                         AGENCY: Office of Surface Mining                        Route 5080
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Amendments: The following land use                      Reclamation and Enforcement,                          Upper Fruitland Chapter House—N562
                                                  plan amendments are proposed by the                     Department of the Interior.                             Building #006–001, North of Highway
                                                  Forest Service for the portions of the                  ACTION: Notice of Availability.                         N36, Fruitland, NM 87416
                                                  proposed Project crossing National                                                                            BLM Rio Puerco Field Office—435
                                                  Forest Lands to conform to the                          SUMMARY:   In accordance with the                       Montano Road, NE., Albuquerque,
                                                  respective Forest Service Plans:                        National Environmental Policy Act of                    NM 87107
                                                     • Region II. The Uinta, Ashley, Manti-               1969, et seq. (NEPA) the Office of                    BIA Navajo Region—301 West Hill
                                                  LaSal, Fishlake, and Dixie National                     Surface Mining Reclamation and                          Street, Gallup, NM 87301


                                             VerDate Sep<11>2014   18:14 Apr 30, 2015   Jkt 235001   PO 00000   Frm 00074   Fmt 4703   Sfmt 4703   E:\FR\FM\01MYN1.SGM   01MYN1


                                                  24966                             Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices

                                                  BIA Chinle Office—Navajo Route 7,                       transmission lines that transmit power                includes two energy generation units
                                                     Building 136–C, Chinle, AZ 86503                     from the FCPP. The public may view                    producing approximately 1,500
                                                  BIA Eastern Navajo Office—Highland                      information about the Proposed Action                 megawatts, and provides power to more
                                                     Road Code Talker Street, Building                    on OSMRE’s Web site at: http://                       than 500,000 customers throughout the
                                                     222, Crownpoint, NM 87313                            www.wrcc.osmre.gov/Current_                           southwestern U.S. Nearly 80 percent of
                                                  BIA Fort Defiance Office—Bonita Drive,                  Initiatives/FCNAVPRJ/FCPPEIS.shtm.                    the employees at the plant are Native
                                                     Building 251–3, Fort Defiance, AZ                       Cooperating agencies for this NEPA                 American. Arizona Public Service (APS)
                                                     86504                                                process include: the Bureau of Indian                 operates the FCPP and executed a lease
                                                  BIA Ramah Office—HC–61, Box 14,                         Affairs (BIA), the Bureau of Land                     amendment (Lease Amendment No. 3)
                                                     Ramah, NM 87321                                      Management (BLM), the U.S.                            with the Navajo Nation to extend the
                                                  BIA Shiprock Office—Nataani Nez                         Environmental Protection Agency                       term of the FCPP lease for an additional
                                                     Complex Building, Second Floor,                      (USEPA), the U.S. Fish and Wildlife                   25 years, to 2041. Continued operation
                                                     Highway 491 South, Shiprock, NM                      Service (USFWS), the National Park                    of the FCPP would require several
                                                     87420                                                Service (NPS), the U.S. Army Corps of                 federal actions, including:
                                                  BIA Southern Pueblos Office—1001                        Engineers (USACE), the Navajo Nation,                    • BIA approval of Lease Amendment
                                                     Indian School Road, NW.,                             and the Hopi Tribe.                                   No.3 for the FCPP, pursuant to 25 U.S.C.
                                                     Albuquerque, NM 87104                                   OSMRE complied with Section 106 of                 415. If approved, the ash disposal area
                                                  BIA Southern Ute Office—383 Ute Road,                   the National Historic Preservation Act                would be expanded within the existing
                                                     Building 1, Ignacio, CO 81137                        (54 U.S.C. § 300101, et seq.) (NHPA                   FCPP lease area. There are no additional
                                                  BIA Ute Mountain Ute Office—Phillip                     Section 106) as provided for in 36 CFR                proposed changes to the FCPP, the
                                                     Coyote Sr. Memorial Hall, 440 Sunset                 800.2(d)(3) concurrent with the NEPA                  switch yard, or any of the transmission
                                                     Blvd., Towaoc, CO 81334                              process, including public involvement                 lines and ancillary facilities, as part of
                                                  BIA Western Navajo Agency—East                          requirements and consultation with the                the Proposed Action.
                                                     Highway 160 and Warrior Drive, Tuba                  State Historic Preservation Officer and                  • BIA issuance of renewed rights-of-
                                                     City, AZ 86045                                       Tribal Historic Preservation Officer.                 way, pursuant to 25 U.S.C. 323, for the
                                                  In addition, a limited number of CD                     Consultation with Tribes and individual               continued operation of the FCPP,
                                                  copies of the FEIS have been prepared                   Native Americans were conducted in                    switchyard, and ancillary facilities; for a
                                                  and are available upon request. Because                 accordance with applicable laws,                      500 kilovolt (kV) transmission line and
                                                  of the time and expense in producing                    regulations, and Department of the                    two 345 kV transmission lines; and for
                                                  and mailing CD and paper copies,                        Interior (DOI) trust policy as                        ancillary transmission line facilities,
                                                  OSMRE requests that the public review                   summarized in the FEIS. Consultation is               including the Moenkopi Switchyard, an
                                                  the Internet or publicly available copies,              complete and Programmatic Agreements                  associated 12 kV line, and an access
                                                  if possible. You may obtain a CD by                     have been signed by the consulting                    road (collectively the ‘‘existing
                                                  contacting the person identified in FOR                 parties. These agreements are included                facilities’’). These existing facilities are
                                                  FURTHER INFORMATION CONTACT.                            as attachments to the FEIS.                           located on Navajo tribal trust lands,
                                                  FOR FURTHER INFORMATION CONTACT: For                       OSMRE also conducted formal                        except for the 500 kV transmission line,
                                                  further information contact Mychal                      consultation with the USFWS pursuant                  which crosses both Navajo and Hopi
                                                  Yellowman, Project Coordinator,                         to Section 7 of the Endangered Species                tribal trust lands. The Proposed Action
                                                  telephone: 303–293–5049; address: 1999                  Act (ESA; 16 U.S.C. 1536) and                         would continue operation and
                                                  Broadway, Suite 3320, Denver, Colorado                  associated implementing regulations (50               maintenance of these facilities. No
                                                  80202–5733; email: myellowman@                          CFR part 400). This formal consultation               upgrades to the existing facilities are
                                                  osmre.gov.                                              considered direct, indirect, and                      part of the Proposed Action.
                                                                                                          cumulative effects from the Proposed                     • BIA issuance of renewed rights-of-
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          Action, and USFWS prepared a                          way to the Public Service of New
                                                  I. Background on the Project
                                                  II. Background on the Four Corners Power                Biological Opinion which is included as               Mexico (PNM) for the existing 345 kV
                                                        Plant                                             an attachment to the FEIS.                            transmission line. The transmission line
                                                  III. Background on the Pinabete Mine Permit                Federal actions related to FCPP and                will continue to be maintained and
                                                        and the Navajo Mine Permit Renewal                Navajo Mine Energy Project will comply                operated as part of the Proposed Action.
                                                  IV. Alternatives                                        with all applicable laws and regulations,             No upgrades to this transmission line
                                                  V. Response to Public Comment                           including: the Indian Business Site                   are planned as part of the Proposed
                                                                                                          Leasing Act, 25 U.S.C. § 415; the                     Action.
                                                  I. Background on the Project
                                                                                                          General Right-of-Way Act of 1948, 25                     In August 2012, the USEPA published
                                                     The purpose of the Proposed Action                   U.S.C. §§ 323–328; the Surface Mining                 its Federal Implementation Plan (FIP)
                                                  is to allow continued operations of the                 Control and Reclamation Act of 1977                   for the Best Available Retrofit
                                                  FCPP and Navajo Mine and operation of                   (SMCRA), 30 U.S.C. §§ 1201–1328; the                  Technology (BART) at FCPP (40 CFR
                                                  the associated transmission lines. The                  Clean Water Act, 33 U.S.C. §§ 1251–                   49.5512). As a result, APS
                                                  Proposed Action would be consistent                     1387; the Clean Air Act, 42 U.S.C.                    decommissioned Units 1, 2, and 3 at the
                                                  with federal Indian trust policies,                     §§ 7401–7671q; the Native American                    FCPP in December 2013, and will install
                                                  including, but not limited to, a                        Graves Protection and Repatriation Act,               selective catalytic reduction equipment
                                                  preference for tribal self-determination                25 U.S.C. §§ 3001–3013; and Executive                 on Units 4 and 5 by 2018.
                                                  and promoting tribal economic                           Orders relating to Environmental
                                                                                                                                                                III. Background on Pinabete Mine
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                                                  development for all tribes affected by                  Justice, Sacred Sites, and Government-
                                                  the Proposed Action. The FEIS                                                                                 Permit and the Navajo Mine Permit
                                                                                                          to-Government Consultation.
                                                  evaluates the direct, indirect, and                                                                           Renewal
                                                  cumulative impacts of the Proposed                      II. Background on Lease Amendment                        NTEC proposes to conduct surface
                                                  Action at the FCPP, the proposed                        No. 3 at the Four Corners Power Plant                 coal mining operations within a new
                                                  Pinabete Permit area, the existing                         The FCPP is a coal-fired electric                  5,659-acre permit area, called the
                                                  Navajo Mine Permit area, and the rights-                generating station located on Navajo                  Pinabete Permit area. This proposed
                                                  of-way renewals for segments of four                    tribal trust lands. FCPP currently                    permit area lies within the boundaries


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                                                                                    Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices                                            24967

                                                  of the existing Navajo Mine lease, which                IV. Alternatives                                      Counsel, U.S. International Trade
                                                  is located adjacent to the FCPP on                        Alternatives considered in the FEIS                 Commission, 500 E Street SW.,
                                                  Navajo tribal trust lands. Surface mining               include three different mine plan                     Washington, DC 20436, telephone (202)
                                                  operations would occur on an                            configurations at Navajo Mine;                        205–2392. Copies of non-confidential
                                                  approximately 2,744-acre portion of the                 implementing highwall or longwall                     documents filed in connection with this
                                                  proposed Pinabete Permit area, with a                   mining techniques at the Navajo Mine;                 investigation are or will be available for
                                                  total disturbance footprint, including                  two different ash disposal facility                   inspection during official business
                                                  staging areas, of approximately 4,100                   configurations at FCPP; conversion of                 hours (8:45 a.m. to 5:15 p.m.) in the
                                                  acres. The proposed Pinabete Permit                     FCPP to a renewable energy plant;                     Office of the Secretary, U.S.
                                                  area would, in conjunction with the                     implementing carbon capture and                       International Trade Commission, 500 E
                                                  mining of any reserves remaining within                 storage at FCPP; and use of an off-site               Street SW., Washington, DC 20436,
                                                  the existing Navajo Mine Permit area                    coal supply option for FCPP.                          telephone (202) 205–2000. General
                                                  (Federal SMCRA Permit NM0003F),                                                                               information concerning the Commission
                                                  supply low-sulfur coal to the FCPP at a                 V. Revisions to the Draft EIS                         may also be obtained by accessing its
                                                  rate of approximately 5.8 million tons                     In accordance with the CEQ’s                       Internet server (http://www.usitc.gov).
                                                  per year. Development of the Pinabete                   regulations for implementing NEPA and                 The public record for this investigation
                                                  Permit area and associated coal reserves                the DOI’s NEPA regulations, OSMRE                     may be viewed on the Commission’s
                                                  would use surface mining methods, and                   solicited public comments on the Draft                electronic docket (EDIS) at http://
                                                  based on current projected customer                     EIS. OSMRE responses to comments are                  edis.usitc.gov. Hearing-impaired
                                                  needs, would supply coal to FCPP for                    included in Appendix F of the FEIS.                   persons are advised that information on
                                                  up to 25 years beginning in 2016. The                   Comments on the Draft EIS received                    this matter can be obtained by
                                                  proposed Pinabete Permit area would                     from the public were considered and                   contacting the Commission’s TDD
                                                  include previously permitted but                        incorporated as appropriate into the                  terminal on (202) 205–1810.
                                                  undeveloped coal reserves within Area                   FEIS. Public comments resulted in the                 SUPPLEMENTARY INFORMATION: The
                                                  IV North of the Navajo Mine Lease, and                  addition of clarifying text, but did not              Commission instituted this investigation
                                                  unpermitted and undeveloped coal                        change any of the impact analyses or                  on April 7, 2014, based on a complaint
                                                  reserves in a portion of Area IV South                  significance determinations.                          filed on February 28, 2014, and
                                                  of the existing Navajo Mine Lease.                         In addition, the FEIS includes updates             supplemented on March 19, 2014, on
                                                  Approval of the proposed Pinabete                       based on evolving regulatory guidance                 behalf of Baxter International Inc. of
                                                  Permit would require several federal                    and completion of the Section 106 and                 Deerfield, Illinois; Baxter Healthcare
                                                  actions, including:                                     Section 7 consultation processes.                     Corporation of Deerfield, Illinois; and
                                                     • OSMRE approval of the new                                                                                Baxter Healthcare SA of Switzerland
                                                                                                            Authority: 40 CFR 1506.6, 40 CFR 1506.10.
                                                  SMCRA permit.                                                                                                 (collectively, ‘‘Baxter’’). 79 FR 19124
                                                     • BLM approval of a revised Mine                       Dated: April 16, 2015 .                             (Apr. 7, 2014). The complaint alleged
                                                  Plan developed for the proposed                         Joseph G. Pizarchik,                                  violations of Section 337 of the Tariff
                                                  maximum economic recovery of coal                       Director, Office of Surface Mining                    Act of 1930, as amended, 19 U.S.C.
                                                  reserves.                                               Reclamation and Control.                              1337, in the sale for importation, and
                                                     • USACE approval of a Section 404                    [FR Doc. 2015–10020 Filed 4–30–15; 8:45 am]           sale within the United States after
                                                  Individual Permit for impacts to waters                 BILLING CODE 4310–05–P                                importation of certain hemostatic
                                                  of the United States from proposed                                                                            products and components thereof by
                                                  mining activities.                                                                                            reason of infringement of certain claims
                                                     • USEPA approval of a new source                     INTERNATIONAL TRADE                                   of U.S. Patent Nos. 8,303,981; 8,512,729;
                                                  Section 402 National Pollutant                          COMMISSION                                            6,066,325; 8,357,378; and 8,603,511.
                                                  Discharge Elimination System (NPDES)                                                                          The complaint further alleges that an
                                                                                                          [Investigation No. 337–TA–913]
                                                  Industrial Permit associated with the                                                                         industry in the United States exists as
                                                  mining and reclamation operations and                   Certain Hemostatic Products and                       required by subsection (a)(2) of section
                                                  coal preparation facilities.                            Components Thereof; Commission                        337. The Commission’s notice of
                                                     • BIA approval of a proposed                         Determination Not To Review an Initial                investigation named as respondents
                                                  realignment for approximately 2.8 miles                 Determination Granting a Motion To                    Johnson & Johnson (‘‘J&J’’) of
                                                  of BIA 3005/Navajo Road N–5082                          Terminate the Investigation on the                    Brunswick, New Jersey; Ethicon, Inc.
                                                  (Burnham Road) in Area IV South to                      Basis of Settlement; Termination of the               (‘‘Ethicon’’) of Somerville, New Jersey;
                                                  avoid proposed mining areas. This                       Investigation                                         Ferrosan Medical Devices A/S
                                                  realignment would not be needed until                                                                         (‘‘Ferrosan’’) of Denmark; and Packaging
                                                  2022; however, the potential impacts of                 AGENCY: U.S. International Trade                      Coordinators, Inc. (‘‘PCI’’) of
                                                  this realignment are analyzed in the                    Commission.                                           Philadelphia, Pennsylvania. 79 FR
                                                  FEIS.                                                   ACTION: Notice.                                       19125. The Office of Unfair Import
                                                     • BIA approval or grant of permits or                                                                      Investigations was named as a party to
                                                  rights-of-way for access and haul roads,                SUMMARY:   Notice is hereby given that                the investigation. Id. Subsequently, the
                                                  power supply for operations, and                        the U.S. International Trade                          investigation was terminated with
                                                  related facilities.                                     Commission has determined not to                      respect to J&J and PCI. See Notice of
                                                                                                          review an initial determination (‘‘ID’’)
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                                                     In addition, in 2014, OSMRE                                                                                Commission Determination Not to
                                                  administratively delayed its decision on                (Order No. 51) issued by the presiding                Review an Initial Determination
                                                  NTEC’s renewal application for its                      administrative law judge (‘‘ALJ’’) on                 Partially Terminating the Investigation
                                                  existing Navajo Mine SMCRA Permit                       April 2, 2015, granting complainants’                 Based on a Withdrawal of the Complaint
                                                  No. NM00003F. The EIS, therefore, also                  motion to terminate the above-identified              (July 14, 2014).
                                                  addresses alternatives and direct,                      investigation on the basis of settlement.                On March 31, 2015, Baxter moved to
                                                  indirect, and cumulative impacts of the                 FOR FURTHER INFORMATION CONTACT:                      terminate the investigation as to
                                                  2014 renewal application action.                        Cathy Chen, Office of the General                     respondents Ethicon and Ferrosan based


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Document Created: 2018-02-21 10:21:08
Document Modified: 2018-02-21 10:21:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Availability.
DatesThe OSMRE will not issue a final decision on the Proposed Action and Alternatives for a minimum of 30 days from the date that the U.S. Environmental Protection Agency (USEPA) publishes this notice in the Federal Register.
ContactFor further information contact Mychal
FR Citation80 FR 24965 

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