81_FR_8934 81 FR 8899 - Grand Mesa, Uncompahgre and Gunnison National Forests; Colorado; Federal Coal Lease Modifications COC-1362 & COC-67232

81 FR 8899 - Grand Mesa, Uncompahgre and Gunnison National Forests; Colorado; Federal Coal Lease Modifications COC-1362 & COC-67232

DEPARTMENT OF AGRICULTURE
Forest Service

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range8899-8906
FR Document2016-03734

The Grand Mesa, Uncompahgre and Gunnison National Forests (GMUG) is considering whether or not to consent to Bureau of Land Management (BLM) modifying the Federal Coal Leases COC-1362 and COC- 67232 by adding 800 and 922 acres, respectively, to them. If the GMUG does consent to lease, it will prescribe conditions (as stipulations) for the protection of non-mineral resources. BLM will, in turn, decide whether or not to grant lease modifications and will further decide, if leased, whether or not to permit on-lease exploration consistent with lease terms. Subsequent mine plan modification activities may be permitted by Office of Surface Mining Reclamation and Enforcement (OSM). Previous GMUG and BLM analyses and decisions were vacated by U.S. District Court for Colorado (1:13-cv-01723-RBJ) on September 11, 2014 for issues related to econonic analysis on the agencies' leasing analysis and BLM's exploration analysis of recreation impacts and a redundant road. A Supplemental Environmental Impact Statement (EIS) is being prepared to correct Court-identified deficiencies and to update analysis, as needed, since the Final EIS in 2012 and BLM's Environmental Assessment (EA) in 2013. The leasing and exploration analyses will be combined into a single document for agency and public convenience.

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016)
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8899-8906]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03734]


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DEPARTMENT OF AGRICULTURE

Forest Service


Grand Mesa, Uncompahgre and Gunnison National Forests; Colorado; 
Federal Coal Lease Modifications COC-1362 & COC-67232

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a supplemental environmental impact 
statement.

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SUMMARY: The Grand Mesa, Uncompahgre and Gunnison National Forests 
(GMUG) is considering whether or not to consent to Bureau of Land 
Management (BLM) modifying the Federal Coal Leases COC-1362 and COC-
67232 by adding 800 and 922 acres, respectively, to them. If the GMUG 
does consent to lease, it will prescribe conditions (as stipulations) 
for the protection of non-mineral resources. BLM will, in turn, decide 
whether or not to grant lease modifications and will further decide, if 
leased, whether or not to permit on-lease exploration consistent with 
lease terms. Subsequent mine plan modification activities may be 
permitted by Office of Surface Mining Reclamation and Enforcement 
(OSM).
    Previous GMUG and BLM analyses and decisions were vacated by U.S. 
District Court for Colorado (1:13-cv-01723-RBJ) on September 11, 2014 
for issues related to econonic analysis on the agencies' leasing 
analysis and BLM's exploration analysis of recreation impacts and a 
redundant road. A Supplemental Environmental Impact Statement (EIS) is 
being prepared to correct Court-identified deficiencies and to update 
analysis, as needed, since the Final EIS in 2012 and BLM's 
Environmental Assessment (EA) in 2013. The leasing and exploration 
analyses will be combined into a single document for agency and public 
convenience.

DATES: Public comments for this project were received April-May, 2010 
during the preparation of an EA for the lease modifications, April-May, 
2012 on the Notice of Intent to prepare a Draft EIS, June-July, 2012 on 
the Draft EIS and April-May, 2013 on BLM's Sunset Trail Area Coal 
Exploration Plan Environmental Assessment. Comments received during 
those periods will be also be considered in this analysis and those 
that were submitted in a timely manner during official comment periods 
also qualify for standing in future Forest Service objection 
opportunities (36 CFR 218 Subparts A & B) and BLM appeal periods. These 
comments have contributed to the issue analysis and alternative 
development. Additionally, the agency will continue to accept public 
comments throughout the preparation of the Supplemental Draft EIS, 
which is estimated to be released in spring 2016 with an additional 
formal comment period following its release. The Supplemental Final EIS 
is expected in summer 2016; however, timing of Supplemental Final EIS 
is subject to reinstatement of the 2012 Colorado Roadless Rule 
exception for the North Fork Coal Mining Area, which is currently under 
separate analysis.

ADDRESSES: Written comments should be addressed to Grand Mesa, 
Uncompahgre and Gunnison National Forests, Attn: Forest Supervisor, 
2250 HWY 50, Delta, CO 81416. Comments may also be submitted 
electronically to https://cara.ecosystem-management.org/Public//CommentInput?Project=32459 or via facsimile to 970-874-6698.

FOR FURTHER INFORMATION CONTACT: Niccole Mortenson, 406-329-3163 or 
[email protected].
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

Lease Modifications

    Under 43 CFR 3432 (as amended by the Energy Policy Act of 2005), 
the holder of a federal coal lease may apply to modify a lease by 
adding up to 960 acres. The federal agencies are responding to 
applications to modify existing leases. The GMUG and BLM have 
identified the need to consider issuing two coal lease modifications 
for federal coal lands immediately adjacent to exiting federal coal 
leases COC-1362 and COC-67232. The purpose of the federal agencies' 
actions is to facilitate recovery of federal coal resources in an 
environmentally sound manner. Further, the purpose of the lease 
modifications is to ensure that compliant and super-compliant coal 
reserves are recovered and not bypassed. The proposed action responds 
to the federal government's overall policy to foster and encourage 
private enterprise in the development of economically sound and stable 
industries, to help assure satisfaction of industrial, security and 
environmental needs (Mining and Minerals Policy Act of 1970).
    The BLM, charged with administration of the mineral estate on these 
Federal lands, is required, by law, to consider leasing Federally-owned 
minerals for economic recovery. Processing of these particular

[[Page 8900]]

applications are not subject to Department of Interior's January 2016 
leasing moratorium (Secretarial Order No. 3338).
    The USDA-Forest Service (FS), as the surface management agency, 
considers consenting to the BLM leasing reserves underlying lands under 
its jurisdiction and prescribes stipulations for the protection of non-
mineral resources. Based on Forest Service consent, the Secretary of 
Interior (represented by the BLM Southwest District Manager) makes the 
determination on whether there are no significant recreation, timber, 
economic, or other values which may be incompatible with leasing the 
lands in question, and whether or not to modify the leases. BLM could 
then modify the existing leases, which is a non-competitive leasing 
action (43 CFR part 3430).

Exploration Plan

    The BLM's purpose is to decide whether to approve the exploration 
plan and allow the activities to occur on the proposed coal leases, 
consistent with lease rights, if granted, in the manner described in 
the plan; disapprove the plan with a statement of conformity; or 
approve the plan with additional conditions (43 CFR 3482.2(a)(1)), if 
needed, to minimize impacts. As the surface management agency, the GMUG 
has to determine the adequacy of the bond and has to concur with the 
approval terms of the exploration plan.
    The BLM's need is to respond to an application to explore the coal 
deposits in accordance with the federal lease agreements, if issued; 
NEPA; the Mineral Leasing Act, as amended by the Federal Coal Leasing 
Amendments Act of 1976; and the Federal Land Policy and Management Act 
of 1976. The BLM would also be fulfilling management obligations 
regarding the federal coal resource by obtaining information which 
allows the BLM to verify the recoverable reserves.

Proposed Action

Lease Modifications

    Ark Land Company (Ark) submitted an application in January 2009 and 
resubmitted in February 2015 seeking to modify two existing federal 
coal leases COC-1362, owned by Mountain Coal Company (MCC), and COC-
67232, owned by Ark, by adding 800 and 922 additional acres 
(respectively) to them. The applications are being processed according 
to procedures set forth in 43 CFR 3432.
    The proposed action is for the Forest Service to consent to and BLM 
approving modifications to MCC's existing federal coal leases COC-67232 
and/or COC-1362 and thereby adding 922 and 800 additional acres 
(respectively) to ensure that compliant and super-compliant coal 
reserves are recovered and not bypassed, and to identify stipulations 
for the protection of non-mineral (i.e. surface) resources. The 
proposed coal lease modification areas lie in portions of sections 10, 
11, 13, 14, 22 and 23 of T.14S, R. 90W, 6th PM in Gunnison County, 
Colorado, adjacent to the currently operating West Elk Mine.
    As part of the proposed action alternatives the GMUG Forest 
Supervisor must decide if the existing stipulations on the parent 
leases are sufficient for the protection of non-mineral (i.e. surface) 
resources. If not, additional stipulations that would provide for the 
protection of non-mineral resources must be prescribed. The Final EIS 
Tables 2.1a and 2.1b show the stipulations on the parent leases and 
their applicability to the lease modifications, as well as, proposed 
modifications and changes.
    In accordance with Forest Service Manual (FSM) 2820, the Standard 
Notice for Lands under the Jurisdiction of Agriculture is part of the 
parent leases, and hence would apply to the lease modifications. This 
Standard Notice includes requirements for Cultural and Paleontological 
Resources, and Threatened and Endangered Species (see Final EIS Table 
2.1a). Further, the Standard Notice contains the following language: 
``The permittee/lessee must comply with all the rules and regulations 
of the Secretary of Agriculture set forth at Title 36, Chapter II, of 
the Code of Federal Regulations governing the use and management of the 
National Forest System (NFS) when not inconsistent with the rights 
granted by the Secretary of Interior in the permit. The Secretary of 
Agriculture's rules and regulations must be complied with for (1) all 
use and occupancy of the NFS prior to approval of an exploration plan 
by the Secretary of the Interior, (2) uses of all existing 
improvements, such as forest development roads, within and outside the 
area permitted by the Secretary of the Interior, and (3) use and 
occupancy of the NFS not authorized by the permit/operation approved by 
the Secretary of the Interior.''
    Lease stipulations that have been identified in the Final EIS would 
be brought forward in the Supplemental Draft EIS for all action 
alternatives.
    The proposed action responds to the overall guidance given in the 
GMUG Land and Resource Management Plan, as amended (USDA Forest 
Service, 1991) which encourages environmentally sound energy and 
mineral development, and the BLM Uncompahgre Basin Resource Management 
Plan (RMP; USDI BLM, 1989). To that end, the GMUG has identified the 
need to consider consenting to two coal lease modifications for federal 
coal lands immediately adjacent to existing federal coal leases COC-
1362 and COC-67232 to further the Forest Plan direction.

Exploration Plan

    The proposed action is for the BLM to approve the Sunset Trail Area 
Coal Exploration Plan to conduct coal exploration activities after a 
leasing decision is made in sections 10, 11, 14, and 15 of T.14S, R. 
90W, 6th PM in Gunnison County, Colorado within the coal lease 
modification area. The exploration plan was submitted by Ark on behalf 
of MCC. Ark would conduct the exploration activities. Exploration 
consists of drilling, obtaining e-logs down-hole, and collecting core 
samples for testing.

Alternatives

No Action Alternative

A. Leasing
    Analysis of the No Action alternative is required by CEQ 40 CFR 
part 1502.14(d). Under the no action alternative, the lease 
modifications would not be approved, and no mining would occur in these 
specific areas. Impacts from mining coal under these areas would not 
occur on these lands, and the effects from on-going land uses could 
continue including coal mining activities such as exploration and 
monitoring and subsidence related to existing mine activities, as well 
as continued recreation and grazing. The land would continue to be 
managed according to Forest Plan standards, goals and guidelines.
B. Exploration Plan
    Issuance of on-lease exploration is conditional upon lease rights 
being granted. If the lease modifications were not approved, the Sunset 
Trail Area Coal Exploration Plan could also not be approved as 
submitted. Information would not be acquired on the coal resource. The 
No Action Alternative would not preclude MCC from applying to BLM for 
an exploration license for off-lease activities in the future unless 
otherwise precluded by the Colorado Roadless Rule.

[[Page 8901]]

Alternative 3--Consent to and Modify the Lease(s) Under the Colorado 
Roadless Rule Framework (Agencies' Preferred Alternative)

A. Leasing
    The proposed action is for the Forest Service to to consent to and 
BLM modifying existing federal coal leases COC-1362 and COC-67232 by 
adding 800 and 922 additional acres (respectively) to ensure that 
compliant and super-compliant coal reserves are recovered and not 
bypassed, and to identify stipulations for the protection of non-
mineral (i.e. surface) resources.
    The proposed action deals primarily with underground mining. It is 
assumed that longwall mining practices would be used. Minor surface 
disturbance would occur on Forest Service lands as a result of 
subsidence (slight lowering of the land surface and possible soil 
cracking along the outside edges) as the coal is removed. In the event 
that post-lease surface activities are proposed and authorized, other 
soil disturbance may occur due to temporary road construction and 
drilling of methane drainage wells (MDWs) which are needed for safety 
of miners underground. Current technology is not available that would 
be able to drill MDWs without roads.
    Because leasing itself does not approve any mineral development or 
surface disturbance, it is necessary to project the amount of surface 
use or activity that may result during lease development in order to 
disclose potential effects and inform decision-making. A Reasonably 
Foreseeable Mine Plan (RFMP) has been developed to address potential 
environmental effects and is detailed to the extent necessary without 
being predecisional. A RFPM has previously been developed for this 
alternative and is included in the Final EIS (Section 3.2). It must be 
noted that decisions pertaining to surface use and disturbance, with 
the exception of subsidence impacts, are not made at the leasing stage. 
Rather, the decisions related to permit-related surface activities are 
made when and if site-specific surface uses are proposed, and are 
evaluated through the BLM's on-lease exploration (detailed below) or 
through State permitting process for mining. The environmental effects 
analysis of post-lease surface use and disturbance associated with this 
alternative will include subsidence and MDW pads and their associated 
access. It should be noted that approval of these lease modifications 
may extend the life of the existing West Elk Mine by approximately 1.4 
years and provides underground access to existing privately-owned (fee) 
and other federal coal reserves which could extend the life of the mine 
by an additional 1.3 years; it would not approve a new mine nor is it 
anticipated to change current production rates at the West Elk Mine.
    Alternative 3 would be analyzed under the framework of the Colorado 
Roadless Rule (CRR). This rule went into effect on July 3, 2012. The 
CRR specifically addressed coal mining in this area (known as the 
``North Fork Coal Mining Area'') by providing for the construction of 
temporary roads which would be needed for MDWs. The CRR in this 
instance includes the Sunset Colorado Roadless Area (CRA). Sunset CRA 
includes 786 acres of the COC-1362 lease modification and 915 acres of 
the COC-67232 lease modification. Under Alternative 3, the Forest 
Service would consent to and BLM would modify the leases with all 
stipulations/notices/addenda identified in the Final EIS (Tables 2.1a 
and 2.1b). This alternative would rely on the reinstatement of the 
North Fork Coal Mining Area exception to the CRR after Court vacateur; 
analysis of which is in progress. The North Fork Coal Mining Area 
exception would allow for MDW drilling and temporary road access, and 
would therefore allow for mining the coal under RFMP (described in the 
Final EIS Section 3.2) with today's available technology. Because a 
leasing decision itself does not involve any mineral development or 
surface disturbance, it is necessary to project the amount of surface 
use or activity that will likely result during lease development in 
order to disclose potential effects and inform decision-making.
B. Exploration Plan
    The proposed action is for the BLM to approve the site-specific 
Sunset Trail Area Coal Exploration Plan to conduct coal exploration 
activities after a leasing decision. Exploration would consist of 
drilling, obtaining e-logs down-hole, and collecting core samples for 
testing and is detailed below.
    Sites, locations, temporary access road lengths, and estimated 
disturbed acreage of the 10 exploration sites proposed have previously 
been identified. They would be located within the proposed coal leases 
modifications above. Exploration activities would be scheduled to be 
completed over the course of two years. Exploration and reclamation 
activities would be completed by October 31 each year.
    Access road upgrades and new construction would begin one to two 
weeks prior to moving the drill rig onto the site. The construction, 
drilling, and reclamation activities would take an average of 16 days 
per hole.
    Roads would be needed for access to drill pad locations at this 
time. Roads would generally have a travel width of 14 feet wide. For 
construction road width would generally be 30 to 45 feet. For the 
analysis, an average of 35 feet will be used, which would disturb 4.24 
acres per mile. Drill pads would, at a maximum, disturb 0.46 acres per 
pad. Total disturbance on NFS lands would be 29.64 acres.
    Drilling activities such as pad construction, road grading, or 
watering, would not be scheduled on opening weekend of big game hunting 
seasons to avoid user conflicts.
    There would be no stationary fuel storage on site. Fuel would be 
brought to the equipment by truck. If left on-site, the fuel truck 
would be parked on a prepared drill pad where drainage is contained on 
the pad and mud pit.
    Exploration activities would follow any required stipulations 
attached to the leases and lease modifications.
    First Year Exploration Drilling Program--Four exploration drill 
holes (SST-2, SST-4, SST-5, and SST-6) are planned to be drilled in the 
first field season. These four holes would be within the lease 
modification area of COC-1362. Temporary roads and drill sites would be 
developed. Upon completion of the first field season and subsequent 
data review, Ark would determine if completion of the exploration plan 
with the remaining six exploration drill holes is warranted for a 
second season. If Ark determines further exploration drilling is not 
warranted, unless the drill sites and access roads would be used as 
future MDW locations, they would then be reclaimed. If further 
exploration is warranted, the edges of temporary roads would be 
reclaimed to a maximum 14 foot width running surface. Per Forest 
Service stipulations, waterbars and stormwater control devices will be 
placed at the end of the field season, even if the road will be used 
again in the next season. Culverts would be removed to allow unhindered 
natural flow events over the winter and spring. Site SST-6 may be kept 
open as a staging area for the next season's activities.
    Second Year Exploration Drilling Program--If the results of the 
coal resource exploration from the first field season are favorable, 
exploration activities would continue during the second field season at 
sites SST-1, SST-3, and SST-7 through SST-10.
    Drainage control on temporary roads used for the previous year's 
exploration program will be reestablished.

[[Page 8902]]

    Pre-drilling Activities--On-site inspection of proposed drill sites 
and access routes was conducted with representatives from appropriate 
regulatory agencies to discuss site-specific concerns. A road was 
relocated to improve stream crossings and avoid steep slopes.
    State, Forest Service, and BLM regulatory personnel would be 
notified at least 48 hours before any construction or drilling 
equipment is mobilized. An authorized representative of Ark would 
supervise all construction and drilling activities. A copy of the 
exploration permit and all pertinent permit documents would be 
available from the Ark representative for inspection. Any proposed 
changes in the exploration plan after permit approval woul be reviewed 
and approved by the appropriate regulatory agencies before changes take 
effect.
    Road Construction--Existing roads would be used whenever possible 
and movement of equipment across undisturbed land would be kept to a 
minimum. New roads would be constructed only when necessary and only as 
the drilling program progresses. A projected maximum 14-foot road 
running width would be employed except in locations such as curves, 
where more width would be needed for the drill rig. Maximum road width 
disturbed area would be 40 feet. The analysis will use an average of 35 
feet of disturbance width. The drill sites have been located so 
temporary roads are as short and disturb as little ground as possible 
and still provide reasonable access and appropriate coal data. Topsoil 
would be stockpiled and redistributed at reclamation. Erosion control 
structures such as water bars would be installed as required and would 
be constructed in accordance with regulations and stipulations. Any 
culverts placed would be removed at the completion of the project.
    Drill Site Construction--Drill sites would be 0.46 acres of 
disturbance or smaller. Drill site sizes and dimensions were reviewed 
and field fitted to topography with the aid of Forest Service 
representatives.
    A bulldozer (D-7 or smaller) would clear brush and small trees from 
the drill pad. Topsoil would be removed and stockpiled on the upslope 
side of the drill pad and remain undisturbed during drilling. Up to one 
foot of topsoil thickness would be salvaged and stockpiled at the 
disturbance site with a ``TOPSOIL'' sign clearly marking the pile. 
Drill sites would be leveled by grading.
    Slurry (mud) pits would be made on the drill pad. One or two pits 
would be excavated at each site depending upon depth of drill hole and 
projected water requirements. The mud pit(s) would be approximately 10 
feet wide, 30 feet long, and 6 feet deep. Subsoil and rock materials 
would be stockpiled within the drill pad clearing and used to refill 
the mud pits at reclamation.
    Erosion and transportation of sediment would be minimized through 
stormwater controls. Using the existing roads or trails would minimize 
disturbance. Where possible, the existing vegetation would be left to 
reduce the need for sediment control. Using existing level areas for 
drill pads would minimize surface disturbance.
    Salvaged soils would be placed adjacent to the drill pad with 
appropriate sediment control devices surrounding the down slope portion 
of the soil stockpile. A similar sediment control device would be 
placed on the downslope side of the subsoil/rock stockpiles from the 
slurry (mud) pits.
    Methods and Equipment for Drilling--Rotary drilling and coring on 
each site would be completed using a rubber-tired, truck-mounted 
drilling rig. To aid in the reduction of surface disturbances, Ark 
would use the smallest possible drill rig that can be used safely and 
successfully. Support equipment may consist of one or two water trucks, 
one rig-up truck, a pipe truck, flatbed trailer, one or more air 
compressors and/or boosters, a supply trailer, and three 4-wheel drive 
pickups.
    Water sources for drilling operations would be nearby streams, 
where MCC owns the water rights, or stock watering ponds. Water from 
streams would be either pumped or trucked to the sites. If pumped, 
pipes (1-inch polyvinylchloride or 2- to 3-inch hose) would be laid 
alongside the roads and undisturbed ground surface. If trucked, about 
two 4,000-gallon water truck trips would be needed per site. The use of 
these water sources would be approved by the agency or party owning the 
water rights. In the event stock ponds are used, minimum water levels 
would be established to ensure sufficient water is left for stock and 
wildlife. Removal of sediments and other maintenance of stock watering 
ponds within proximity to the exploration sites would provide improved 
water storage for drilling operations and long term use for wildlife 
and livestock. Sediments removed from ponds would be placed on the pond 
embankment, wheel-rolled, and seeded. Water consumption is estimated at 
5,500 to 8,500 gallons per drill hole (0.017-0.026 acre feet). No water 
storage tanks would be needed. Overland flow of the drill fluids would 
be directed into the slurry pit as would most precipitation runoff.
    Upon drill hole completion, one truck mounted geophysical logging 
unit would be used at each hole location.
    Modification of Drill Holes to Surveillance for Water Levels--
Exploration hole SST-2 may be converted to an E-Seam water monitoring 
site if a mineable thickness of E-Seam coal is present. Construction of 
the water monitoring well would be delayed until a determination on 
mineability of the coal is made. The necessary well permit would then 
be obtained from the Colorado Division of Reclamation, Mining and 
Safety (CDRMS) for the well installation. It is not anticipated that 
significant water-bearing bedrock or aquifers would be encountered. The 
Mesa Verde Formation is known to contain limited water bearing 
sandstones, and no known bedrock aquifers exist. If significant 
quantities of water are encountered, the appropriate regulatory 
officials would be notified and if directed, the hole may be completed 
as an additional water monitoring well.
    Drill Hole Abandonment Methods--The hole plugging method described 
in 43 CFR 3484.1(a), states that each open hole would be plugged with 
cement from bottom to 50 feet above the uppermost thick coal seam and 
from 50 feet below to 50 feet above any aquifers encountered in the 
hole. The remainder of the hole would be filled with an approved 
completion mud, gel, cuttings, or cement to within 10 feet of the 
surface. A 10 foot cement surface plug would be set, and an 
appropriately labeled monument marker to be cemented into the surface 
plug. For monitoring wells, the surface casing would be cut off at or 
below the level of the soil surface. Ark may elect to fill the hole in 
its entirety with cement.
    Access--Primary routes used to access the exploration area would be 
Highway 133 to the West Elk Mine entrance and the private and National 
Forest administrative road through Sylvester Gulch to National Forest 
System Road (NFSR) 711. Approximately 0.4 miles of NFSR 711 will be 
used to access the Sylvester Gulch Road.
    Secondary access may use the Gunnison County Road 710 to Lick 
Creek. Access is controlled through a gate at the bottom of the Lick 
Creek Road on MCC's fee surface to the exploration area. Additionally 
there may be access via NFSR 711 and the spurs 711-2C to the proposed 
sites and 711-2A.
    NFSR 711 has been maintained by MCC as an access road to 
exploration

[[Page 8903]]

drill holes and methane drainage well sites for 17 years. Upgrades and 
improvements to the road include gravel base, culverts, ditches, gates, 
and drainage control structures. Ongoing maintenance is a condition of 
MCC's Road Use Permit.
    Reclamation Plan--Final reclamation activities would follow the 
completion of the hole as soon as possible. Upon completion of all 
drilling activities at each site; debris, trash, and drilling equipment 
will be removed. Mud pit(s), once sufficiently dry, would be filled 
with stored subsoil and compacted. Remaining subsoil would be 
redistributed on and around the drill pad to the original contour. 
Stored topsoil would be distributed evenly over the disturbed pad area.
    The entire drill pad area would be re-seeded using the Paonia 
Ranger District seed mix. After seeding, the cleared brush would be 
redistributed over the drill pad area to act as natural mulch. This 
method has proven successful for the revegetation of previous drill 
sites. Sediment control measures would include slash, silt fence, 
erosion control blankets, or straw wattles.
    Newly developed access roads would be graded to the original 
contour as closely as possible and re-seeded.
    The drill pad and access roads reclamation procedure outlined above 
would apply only to newly disturbed areas. Existing roads, as 
identified in the 2010 Gunnison National Forest's Travel Management 
Plan, would be left in a condition equal to or better than that 
observed upon Ark's entry into the area.
    After reclamation, newly constructed access roads to certain drill 
sites may be blocked and closed to vehicle entry at the GMUG or surface 
owner's request. Alternate road closure methods may be employed where 
practical after review with the Forest Service representative.

Alternative 4--Consent to and Modify Only COC-1362 Lease 
(Environmentally Preferable Alternative)

A. Leasing
    Many commenters expressed concerns regarding roadless area effects 
due to post-lease development. Similarly, some commenters suggested an 
alternative requesting agencies' consent/leasing for proposed 
modification to COC-1362 only, while not consenting to proposed 
modification to lease COC-67232. In response to those comments 
Alternative 4 was brought forward for further analysis from 
alternatives Considered but Eliminated from Detailed Study in the Draft 
EIS. Alternative 4 would include all the same lease stipulations 
considered for Alternative 3 as detailed in the Final EIS (Tables 2.1a 
and 2.1b). As part of the analysis of this alternative, the Forest 
Service requested an additional review from BLM to make determinations 
of mineable resources.
    Alternative 4 will analyze the effects of post-lease surface 
activities--
    1. Under the Colorado Roadless Rule including temporary road 
construction in the Sunset Colorado Roadless Area, as described in 
Alternative 3 above, or
    2. with no road construction above.
    An RFMP was developed to address indirect and cumulative effects 
specific to the COC-1362 modification only.
B. Exploration Plan
    The on-lease exploration activities would remain similar to 
Alternative 3 except roads would truncated at the lease modification 
boundary. This may result in a reduction of three or more exploration 
drill holes and a reduction of approximately 2.75 miles of temporary 
road within the COC-67232 lease modification. Because an exploration 
plan specific to this alternative has not been submitted, the agencies 
are unsure if road density and miles might be increased on the COC-1362 
lease to try to reach drill holes close to the lease modification 
boundary or if they will be foregone. Effects analysis will rely on the 
RFMP developed for leasing to assess impacts.
    Alternatives to be removed from detailed analysis in the SDEIS 
include:
    Alternative 2--Under Alternative 2, the Forest Service would 
consent to and BLM would modify the leases with stipulations/notices/
addendums above listed for the Action Alternatives. However, under the 
provisions of 2001 Roadless Area Conservation Rule, road construction 
would not be allowed in the lease modification areas. At the time of 
this notice, the 2001 Roadless Area Conservation Rule is no longer in 
effect in Colorado. It has been replaced with the 2012 Colorado 
Roadless Rule and the roadless area boundaries have changed. Therefore, 
this alternative is now moot.
    Alternatives not considered in detail in the SDEIS remain as 
described in the FEIS and BLM EA:
    Mitigate the potential greenhouse gas emissions of the project by 
requiring MCC to use MDW ventilation air methane--In the geological 
process, methane and coal are formed together. In many coal-bearing 
formations, the methane can be trapped within the coal seams and/or 
within the surrounding rock strata. The process of longwall mining 
reduces the geological pressure and fractures the coal, thereby 
releasing the methane. In underground coal mining, methane is released 
into the mine during extraction. MSHA regulations require methane to be 
diluted in the ventilation air and then vented to the atmosphere, known 
as VAM, for the safety of the mine workers.
    With respect to the VAM, no technology currently exists that has 
been demonstrated to have the capability of handling the volume of 
ventilation air and dilute concentrations of methane at the West Elk 
Mine to make capture economically feasible (current lease stipulation 
language). In 2009, the DOE released the results of a study to simulate 
VAM capture using a non-producing mine (see U.S. Department of Energy 
Cooperative Agreement DE-FC26-02NT41620, available on the Internet at: 
http://www.epa.gov/cmop/docs/vam_executive-summary.pdf). The project 
demonstrated continued advancements and a viable solution for coal mine 
VAM control. The DOE, however, stated that the, ``system is only 
economically feasible when there is value for GHG emission reduction.'' 
This implies carbon credits, cap- and-trade, or another market or 
regulatory-based incentivized system for reducing GHGs. (The DOE 
assessment included carbon credits in their economic feasibility model, 
which provided a cost basis for controlling VAM up to 180k cfm).
    In relation to the coal lease modifications, MCC commissioned an 
analysis (Final EIS Appendix A) for capturing and/or conditioning the 
MDW methane for use onsite as fuel for a co-generation facility in 
order to produce electricity for sale to the grid, or for sale as 
pipeline quality natural gas. The study evaluated the gas 
characteristics and potential quantities of methane that would be 
realistically produced based upon existing well data and testing. This 
information was then used to engineer a collections system, including 
options for pipelines and screw compressor configurations for pressure 
management; and dehydration units, control systems, values, and 
metering. Options for energy generation equipment included 
reciprocating internal combustion engines (RICE) and combustion 
turbines. Additional gas processing equipment options for rendering 
natural gas from the CMM were also presented. The analysis covered 
multiple scenarios for multiple configurations of equipment. The 
analysis for the production of natural gas from CMM indicated that the 
levels of contaminants in the gas (including carbon dioxide, oxygen, 
and nitrogen) were treatable, but that the cost of treatment of the 
gas, the cost of gas compression, and the distance to access

[[Page 8904]]

available existing pipeline systems were prohibitive for delivery of 
the gas as a saleable product. This mining project would be an addition 
to an existing mine; therefore, uninterrupted mining would need to take 
place in order for this project to be economically viable.
    An alternative for methane capture, with the required 
infrastructure, would likely include more miles of road construction 
connecting to a capture facility (probably centralized to operations) 
and pipeline construction (even though pipelines may occur near or in 
roads) and surface disturbance than would the Alternative 3, which 
would also produce additional impacts across multiple resource areas 
including air resources and roadless areas.
    Mitigate the potential greenhouse gas emissions of the project by 
requiring MCC to purchase of carbon credits or do off-set mitigations--
It was suggested that MCC be required to purchase carbon credits as 
mitigation for methane. Congress may develop cap-and-trade legislation 
as a means to reduce greenhouse gas emissions. Under ``cap-and-trade,'' 
the government sets a limit or a cap on the amount of a pollutant that 
may be emitted. The limit or cap is allocated or sold to businesses in 
the form of emissions permits, which then represent the right to emit 
or discharge a specific volume of the specified pollutant. Under this 
type of legislation, businesses are required to hold a number of 
permits (or ``carbon credits'') equivalent to their emissions. 
Generally, one carbon credit is equal to one tonne (metric ton) of 
carbon dioxide or carbon dioxide equivalent gases. The total number of 
carbon credits cannot exceed the established cap, limiting total 
emissions to that level. Businesses that need to increase their carbon 
credits must buy from those who require fewer carbon credits 
(``trade''). The goal of cap-and-trade legislation is to allow market 
mechanisms to drive industrial and commercial endeavors where carbon 
emissions are constrained (or limited); to date they are not 
constrained in the US. Since GHG mitigation projects (such as those 
listed for flaring or capture above) generate carbon credits, the sale 
can be used to finance carbon reduction projects between trading 
partners around the world. Currently, purchasing carbon credits is a 
voluntary financial investment that MCC may choose to entertain for 
business reasons. The federal agencies are not involved in any 
financial investment decisions that MCC makes as a corporation. Since 
no cap has been established, there is no need to require purchase of 
carbon credits as mitigation measure for this leasing analysis.
    While other specific off-set (or off-site) mitigations may be 
possible, they have not been brought forward for consideration related 
to this leasing analysis.
    Prevent all future disturbances from road construction, methane 
drainage well pads and the like in Roadless Areas--The environmental 
consequences from an alternative that considers prevention of future 
surface disturbance is already covered by consideration of the No 
Action Alternative. Therefore, CEQ NEPA regulations describe this 
situation as having been covered by prior environmental review (Sec. 
1506.3).
    Shrink the boundaries of the lease to conform to the area where the 
coal will be mined underground--The proposed lease modification 
boundaries were defined by the BLM during tract delineation, and the FS 
has not found reasons for shrinking the tracts due to surface resource 
concerns or results of the unsuitability assessment (see Appendix B).
    The mine plan is approved in a later permitting process by DRMS and 
OSM. The longwall panels foreseen by MCC are based on current, yet 
limited knowledge of the geology. As panels are developed, they could 
be longer or shorter, depending upon conditions found during 
development. If the area to be mined is limited, it could cause bypass 
of mineable coal. Therefore, where actual subsidence or mining may 
occur is not known at this time. The estimated subsidence, derived from 
the RFMP for each alternative is described in the Final EIS Section 
3.4.
    Protect values of the area by using this set of stipulations for 
the Proposed Action.
    Protect a number of values by adopting the following no surface 
occupancy (NSO) stipulations (proposed stipulation is followed by 
response):
    1. NSO stipulations prohibiting road and MDW well pad construction 
within \1/4\ mile of the hiking route known as ``Sunset Trail,'' which 
traverses the lease modification, to protect recreational values.
    GMUG Forest Plan indicates (III-68) coal mining is prohibited on 
trails on the National System of Trails in ``Further Planning Areas'' 
(i.e., areas identified in the Rare II inventory for wilderness 
designation). The Sunset CRA is not a further planning area and the 
Sunset Trail is not on the National System of Trails (examples on the 
GMUG include Crag Crest Trail, Continental Divide National Scenic 
Trail, etc), it is simply a non-system non-motorized trail that is 
mostly overgrown with minimal use by the public. Recreational values 
according to the Forest Plan for this management area could range from 
semi-primitive non-motorized to roaded natural or rural. Further, the 
Alternative 3 includes a lease notice that addresses development 
scenarios for Roadless Areas.
     NSO stipulations prohibiting road and MDW well pad 
construction for all areas within \1/4\ mile of: (a) All lynx denning 
habitat; (b) all lynx winter foraging habitat; and (c) all lynx 
foraging habitat which is adjacent to lynx denning habitat.
    Appropriate stipulations specific to Lynx and related to Threatened 
and Endangered species are in Alternatives 3 & 4. Lynx stipulations 
included are consistent with the GMUG Forest Plan 2008 amendment, 
Southern Rockies Lynx Amendment and the Endangered Species Act. 
Further, the Forest Service has consulted with the USFWS regarding 
Canada lynx. CEQ NEPA regulations describe this situation as having 
been covered by prior environmental review (Sec. 1502.20).
    2. NSO stipulations prohibiting road and MDW well pad construction 
for all areas within \1/4\ mile of a water influence zone (WIZ).
    The GMUG's WIZ is defined as: The land next to water bodies where 
vegetation plays a major role in sustaining long-term integrity of 
aquatic systems. It includes the geomorphic floodplain (valley bottom), 
riparian ecosystem, and inner gorge. Its minimum horizontal width (from 
top of each bank) is 100 feet or the mean height of mature dominant 
late-seral vegetation, whichever is most. The Watershed Conservation 
Practices Handbook 12.1 Management Measure (3) states in the WIZ 
``allow only those actions that maintain or improve long-term stream 
health and riparian ecosystem condition.'' Lease stipulations addressed 
in the Alternatives 3 & 4 address the concern of activities in the WIZ.
    3. NSO stipulations prohibiting road and MDW well pad construction 
for all areas within \1/2\ mile of the West Elk Wilderness boundary, to 
protect roadless, wildlife, scenic, and other values.
    The West Elk IRA was not brought forward as a further planning area 
during the RARE II wilderness inventory. Unlike Oil, Gas and Geothermal 
development (Forest Plan III-54), coal leasing does not provide any 
conditions that would warrant the issuance of an NSO buffer stipulation 
in this area (Forest Plan III-66).

[[Page 8905]]

Recreational values according to the Forest Plan for this management 
area could range from semi-primitive non-motorized to roaded natural or 
rural. Furthermore, provisions of the Colorado Wilderness Act (specific 
to the West Elk Wilderness) do not allow for the prevention of 
activities outside wilderness ``Congress does not intend that 
designation of wilderness areas in the State of Colorado lead to the 
creation of protective perimeters or buffer zones around each 
wilderness area. The fact that nonwilderness activities or uses can be 
seen or heard from areas within the wilderness shall not, of itself, 
preclude such activities or uses up to the boundary of the wilderness 
area'' (96-560, Sec. 110).
     NSO stipulations prohibiting road and MDW well pad 
construction within \1/4\ mile of any old growth forest to prevent 
fragmentation.
    Old growth stands have not been identified in the lease 
modification area. There are three stands which may or may not be old 
growth outside the lease modification area within the affected 6th 
level hydrologic unit code (HUC) (same acreage as the 4th level 
watersheds described in early old growth definitions) that meet the 
first screening criteria (large diameter trees) for old growth using 
Mehl's definitions (Mehl 1992). One is a spruce-fir stand located in 
the West Elk Wilderness; one is a cottonwood stand located primarily on 
private land; the last is a spruce-fir stand over a mile west of the 
lease modifications. None of these stands would be impacted directly or 
cumulatively by post-leasing surface impacts. However, assuming post-
lease surface disturbing activities would occur in mature/over-mature 
classes (which may provide some of the same habitat components as old 
growth), the GMUG Forest Plan (page III-9a, III-9b) allows for removal 
of 70-80% of these stands assuming residual patch sizes are met. If the 
RFMP were implemented in Alternative 3, it is estimated that up to 61 
acres of mature/over-mature aspen (0.3% of vegetation unit), and 7 
acres of mature/over-mature spruce-fir (0.09% of vegetation unit) may 
be disturbed. These are both only a tiny fraction of that allowed to be 
removed under forest plan standards to protect structural diversity.
     NSO stipulations prohibiting road and MDW well pad 
construction within \1/2\ mile of any raptor nest site.
    There is no need for an NSO stipulation related to raptor nest 
sites as it is covered by survey and timing limitations requirements 
(Lease Stipulations) in Alternatives 3 & 4 for sensitive raptors in 
Colorado as identified by Region 2 list. CEQ NEPA regulations describe 
this situation as having been covered by prior environmental review 
(Sec. 1502.20).
    4. NSO stipulations prohibiting road and MDW well pad construction 
on slopes greater than 40% to protect soils and prevent erosion.
    A stipulation that requires restrictions for no surface occupancy 
to be allowed in ``areas of high geologic hazard or high erosion 
potential, or on slopes which exceed 60%'' and a stipulation that 
requires ``special interdisciplinary team analysis and mitigation plans 
detailing construction and mitigation techniques would be required on 
areas where slopes range from 40-60% . . . the interdisciplinary team 
could include engineers, soil scientist, hydrologist, landscape 
architect, reclamation specialist and mining engineer'' already exists 
as part of the Alternative 3. These stipulations are required by the 
Forest Plan and supported by the Watershed Conservation Practices 
Handbook (FSH 2509.25). CEQ NEPA regulations describe this situation as 
having been covered by prior environmental review (Sec. 1506.3).
    For Exploration Use Helicopters to Transport Drill Rig--An 
alternative analyzing drilling using a drill rig that can be placed on 
site by a helicopter drill rig to avoid construction of access roads 
was considered; however, this alternative was not carried forward for 
detailed analysis because it is ineffective and technically infeasible. 
The geology of the exploration area is such that the aggregate material 
is not structurally sound; therefore, the drill hole must be cased. In 
order for the holes to be properly cased, the initial diameter must be 
wide enough to allow for casing and core extraction. This is not 
feasible to do with a drill rig that can be transported by helicopter 
because they are too small and not powerful enough. Furthermore, this 
alternative would not fulfill the purpose and need for the proposed 
action because it would not allow the exploration to be accomplished if 
the holes collapse before the core sample can be obtained.
    For Exploration Analyze Only the Holes Proposed to be Drilled 
During the First Field Season for Exploration--An alternative was 
suggested by Wild Earth Guardians that would include only the four 
holes that MCC proposes to drill during the first field season. This 
alternative was not carried forward for detailed analysis because it is 
ineffective as it would not provide the necessary information on the 
coal. This alternative would not meet the purpose and need of the 
proposed action because it would not effectively explore the coal 
leases consistent with lease rights, if granted.

Lead and Cooperating Agencies

    Lead Agency:
Grand Mesa, Uncompahgre and Gunnison National Forests
    Cooperating Agencies:
Uncompahgre Field Office, Bureau of Land Management
Southwest District Office, Bureau of Land Management
Colorado State Office, Bureau of Land Management
Western Region, Office of Surface Mining Reclamation and Enforcement
Colorado Division of Reclamation Mining and Safety

Responsible Officials

GMUG Forest Supervisor
BLM Southwestern District Manager

Nature of Decision To Be Made

Forest Service

    The GMUG Forest Supervisor is the Authorized Officer for this 
discretionary consent decision on these coal lease modifications (FSM 
2822.04c, R2 Supplement). Given the purpose and need, the Authorized 
Officer will review the proposed action, the other alternatives, and 
the environmental consequences in order to decide the following:
     Whether or not to consent to the BLM modifying existing 
Federal Coal Lease COC-1362 by adding 800 acres, and whether or not to 
consent to the BLM modifying existing Federal Coal Lease COC-67232 by 
adding 922 acres according to the Mineral Leasing Act of 1920; as 
amended by the Federal Coal Leasing Amendments Act of 1976 and Energy 
Policy Act of 2005;
     If the Forest Service consents to modify the leases, they 
will prescribe stipulations needed for the protection of non-mineral 
surface resources by determining if the existing stipulations on the 
parent lease are sufficient. If they are not sufficient, prescribe 
additional stipulations that will provide for the protection of non-
mineral interests in the lands.
    The Forest Service Authorized Officer will determine if the 
activity is consistent with the GMUG Forest Plan. The Forest Service 
decision will be made based on the analysis relative to the No Action 
and Proposed Action Alternatives.

BLM

    The BLM is a cooperating agency for this EIS to respond directly to 
their role in the Federal coal leasing process which is tied to the 
mineral (not

[[Page 8906]]

surface) estate. The BLM State Director is the Authorized Officer for 
the BLM, and will decide whether or not to modify the existing coal 
lease under the Mineral Leasing Act, as amended, and the federal 
regulations under 43 CFR 3400. The Uncompahgre Field Office Manager/
Southwest District Manager is responsible for providing the State 
Director with briefings and recommendations. Specifically, the BLM will 
decide whether to:
     Adopt the No-Action Alternative (no leasing);
     Adopt the coal lease modifications as applied for by the 
applicants;
    BLM cannot issue lease modifications without the consent of the 
surface managing agency. BLM's must also decide whether to approve the 
exploration plan and allow the activities to occur on the coal leases, 
consistent with lease rights if granted, in the manner described in the 
plan, disapprove the plan with a statement of conformity, or approve 
the plan with additional conditions (43 CFR 3482.2(a)(1)), if needed to 
minimize impacts. BLM cannot approve an exploration plan without 
concurrence by the surface management agency (concurrence is not a 
``decision'' subject to Forest Service objection process).

OSM

    Office of Surface Mining Reclamation Enforcement (OSM) is a 
cooperating agency in preparing this EIS. If the leases are modified, 
OSM will determine if there is a need for a federal mining plan 
modification at the time the actual permitting process is underway. If 
a federal mining plan modification is needed, OSM would be responsible 
to recommend that the DOI Assistant Secretary for Lands and Minerals 
approve, approve with conditions, or not approve the modification.

DRMS

    In Colorado, the Division of Reclamation Mining and Safety (DRMS) 
operates under an OSM-approved program for administering coal mining 
operations in the state, as codified by the Colorado Surface Coal 
Mining Reclamation Act (CRS 34-33-101) and attendant regulations which 
are consistent with the overarching federal regulations (30 CFR part 
906, Appendix B). Any applications submitted to the State of Colorado 
to revise the state mining and reclamation permit, including 
applications to allow mining and its related surface disturbances, 
reclamation, and the changing of the approved mine permit boundary to 
include the modification area, would be reviewed by the DRMS.

Preliminary Issues

    Issues have previously been addressed in the Final EIS (Table 1.9) 
and will be carried forward in this analysis. It is believed that new 
issues will arise during this the Supplemental EIS process including, 
but not limited to: Changes in fish recovery status prompting 
reconsideration of GMUG's Programmatic Biological Opinion for Water 
Depletions related to Endangered Big River Fishes and request for 
Social Cost of Methane analysis.

Scoping Process

    In addition to receiving and considering previous comments from the 
public, the agency continues to accept and consider public comments to 
guide the development of this Supplemental EIS and the resulting 
decision. Additional comments should clearly articulate the reviewer's 
concerns and contentions, and focus on the adequacy of stipulations 
proposed as they relate to the protection of surface resources or 
specific to anaysis that must be undertaken relative to exploration 
activities. Comments received in response to this solicitation, 
including names and addresses of those who comment, will be part of the 
public record for this proposed action. Comments submitted anonymously 
will be accepted and considered, however.

    Dated: February 12, 2016.
Scott G. Armentrout,
Forest Supervisor.
[FR Doc. 2016-03734 Filed 2-22-16; 8:45 am]
 BILLING CODE 3410-11-P



                                                                                        Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                                                            8899

                                                                                                                                              Estimated         Number of                 Estimated          Estimated               Estimated total
                                                                                  Affected public                                             number of       responses per              total annual        hours per               annual burden
                                                                                                                                             respondents        respondent                responses          response

                                                                                                                                                 Reporting

                                                  State Agencies .....................................................................                   84                  1.917                161                    1.955                  315
                                                  Total Estimated Reporting Burden ......................................                                84   ........................            161     ........................              315

                                                                                                                                              Recordkeeping

                                                  State Agencies .....................................................................                   84                38.381               3,224                    1.864                6,010
                                                  Total Estimated Recordkeeping Burden ..............................                                    84   ........................          3,224     ........................            6,010

                                                                                                                                Total of Reporting and Recordkeeping

                                                  Reporting ..............................................................................               84                  1.917                161                    1.955                  315
                                                  Recordkeeping .....................................................................                    84                  38.38              3,224                    1.864                6,010
                                                     Total ..............................................................................                84   ........................          3,385     ........................            6,325



                                                   Dated: February 9, 2016.                                                Statement (EIS) is being prepared to                           Input?Project=32459 or via facsimile to
                                                  Audrey Rowe,                                                             correct Court-identified deficiencies and                      970–874–6698.
                                                  Administrator, Food and Nutrition Service.                               to update analysis, as needed, since the                       FOR FURTHER INFORMATION CONTACT:
                                                  [FR Doc. 2016–03788 Filed 2–22–16; 8:45 am]                              Final EIS in 2012 and BLM’s                                    Niccole Mortenson, 406–329–3163 or
                                                  BILLING CODE 3410–30–P
                                                                                                                           Environmental Assessment (EA) in                               nmortenson@fs.fed.us.
                                                                                                                           2013. The leasing and exploration                                 Individuals who use
                                                                                                                           analyses will be combined into a single                        telecommunication devices for the deaf
                                                  DEPARTMENT OF AGRICULTURE                                                document for agency and public                                 (TDD) may call the Federal Information
                                                                                                                           convenience.                                                   Relay Service (FIRS) at 1–800–877–8339
                                                  Forest Service                                                           DATES: Public comments for this project                        between 8 a.m. and 8 p.m., Eastern
                                                                                                                           were received April–May, 2010 during                           Time, Monday through Friday.
                                                  Grand Mesa, Uncompahgre and                                                                                                             SUPPLEMENTARY INFORMATION:
                                                                                                                           the preparation of an EA for the lease
                                                  Gunnison National Forests; Colorado;
                                                                                                                           modifications, April–May, 2012 on the                          Purpose and Need for Action
                                                  Federal Coal Lease Modifications
                                                                                                                           Notice of Intent to prepare a Draft EIS,
                                                  COC–1362 & COC–67232                                                                                                                    Lease Modifications
                                                                                                                           June–July, 2012 on the Draft EIS and
                                                  AGENCY: Forest Service, USDA.                                            April–May, 2013 on BLM’s Sunset Trail                             Under 43 CFR 3432 (as amended by
                                                  ACTION: Notice of intent to prepare a                                    Area Coal Exploration Plan                                     the Energy Policy Act of 2005), the
                                                  supplemental environmental impact                                        Environmental Assessment. Comments                             holder of a federal coal lease may apply
                                                  statement.                                                               received during those periods will be                          to modify a lease by adding up to 960
                                                                                                                           also be considered in this analysis and                        acres. The federal agencies are
                                                  SUMMARY:   The Grand Mesa,                                               those that were submitted in a timely                          responding to applications to modify
                                                  Uncompahgre and Gunnison National                                        manner during official comment periods                         existing leases. The GMUG and BLM
                                                  Forests (GMUG) is considering whether                                    also qualify for standing in future Forest                     have identified the need to consider
                                                  or not to consent to Bureau of Land                                      Service objection opportunities (36 CFR                        issuing two coal lease modifications for
                                                  Management (BLM) modifying the                                           218 Subparts A & B) and BLM appeal                             federal coal lands immediately adjacent
                                                  Federal Coal Leases COC–1362 and                                         periods. These comments have                                   to exiting federal coal leases COC–1362
                                                  COC–67232 by adding 800 and 922                                          contributed to the issue analysis and                          and COC–67232. The purpose of the
                                                  acres, respectively, to them. If the                                     alternative development. Additionally,                         federal agencies’ actions is to facilitate
                                                  GMUG does consent to lease, it will                                      the agency will continue to accept                             recovery of federal coal resources in an
                                                  prescribe conditions (as stipulations) for                               public comments throughout the                                 environmentally sound manner.
                                                  the protection of non-mineral resources.                                 preparation of the Supplemental Draft                          Further, the purpose of the lease
                                                  BLM will, in turn, decide whether or                                     EIS, which is estimated to be released in                      modifications is to ensure that
                                                  not to grant lease modifications and will                                spring 2016 with an additional formal                          compliant and super-compliant coal
                                                  further decide, if leased, whether or not                                comment period following its release.                          reserves are recovered and not
                                                  to permit on-lease exploration                                           The Supplemental Final EIS is expected                         bypassed. The proposed action responds
                                                  consistent with lease terms. Subsequent                                  in summer 2016; however, timing of                             to the federal government’s overall
                                                  mine plan modification activities may                                    Supplemental Final EIS is subject to                           policy to foster and encourage private
                                                  be permitted by Office of Surface                                        reinstatement of the 2012 Colorado                             enterprise in the development of
                                                  Mining Reclamation and Enforcement                                       Roadless Rule exception for the North                          economically sound and stable
                                                  (OSM).                                                                   Fork Coal Mining Area, which is                                industries, to help assure satisfaction of
                                                     Previous GMUG and BLM analyses                                        currently under separate analysis.                             industrial, security and environmental
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  and decisions were vacated by U.S.                                       ADDRESSES: Written comments should                             needs (Mining and Minerals Policy Act
                                                  District Court for Colorado (1:13–cv–                                    be addressed to Grand Mesa,                                    of 1970).
                                                  01723–RBJ) on September 11, 2014 for                                     Uncompahgre and Gunnison National                                 The BLM, charged with
                                                  issues related to econonic analysis on                                   Forests, Attn: Forest Supervisor, 2250                         administration of the mineral estate on
                                                  the agencies’ leasing analysis and BLM’s                                 HWY 50, Delta, CO 81416. Comments                              these Federal lands, is required, by law,
                                                  exploration analysis of recreation                                       may also be submitted electronically to                        to consider leasing Federally-owned
                                                  impacts and a redundant road. A                                          https://cara.ecosystem-                                        minerals for economic recovery.
                                                  Supplemental Environmental Impact                                        management.org/Public//Comment                                 Processing of these particular


                                             VerDate Sep<11>2014        17:06 Feb 22, 2016         Jkt 238001      PO 00000       Frm 00005   Fmt 4703   Sfmt 4703     E:\FR\FM\23FEN1.SGM       23FEN1


                                                  8900                        Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices

                                                  applications are not subject to                         existing federal coal leases COC–67232                environmentally sound energy and
                                                  Department of Interior’s January 2016                   and/or COC–1362 and thereby adding                    mineral development, and the BLM
                                                  leasing moratorium (Secretarial Order                   922 and 800 additional acres                          Uncompahgre Basin Resource
                                                  No. 3338).                                              (respectively) to ensure that compliant               Management Plan (RMP; USDI BLM,
                                                    The USDA-Forest Service (FS), as the                  and super-compliant coal reserves are                 1989). To that end, the GMUG has
                                                  surface management agency, considers                    recovered and not bypassed, and to                    identified the need to consider
                                                  consenting to the BLM leasing reserves                  identify stipulations for the protection              consenting to two coal lease
                                                  underlying lands under its jurisdiction                 of non-mineral (i.e. surface) resources.              modifications for federal coal lands
                                                  and prescribes stipulations for the                     The proposed coal lease modification                  immediately adjacent to existing federal
                                                  protection of non-mineral resources.                    areas lie in portions of sections 10, 11,
                                                                                                                                                                coal leases COC–1362 and COC–67232
                                                  Based on Forest Service consent, the                    13, 14, 22 and 23 of T.14S, R. 90W, 6th
                                                                                                                                                                to further the Forest Plan direction.
                                                  Secretary of Interior (represented by the               PM in Gunnison County, Colorado,
                                                  BLM Southwest District Manager)                         adjacent to the currently operating West              Exploration Plan
                                                  makes the determination on whether                      Elk Mine.
                                                  there are no significant recreation,                       As part of the proposed action                       The proposed action is for the BLM to
                                                  timber, economic, or other values which                 alternatives the GMUG Forest                          approve the Sunset Trail Area Coal
                                                  may be incompatible with leasing the                    Supervisor must decide if the existing                Exploration Plan to conduct coal
                                                  lands in question, and whether or not to                stipulations on the parent leases are                 exploration activities after a leasing
                                                  modify the leases. BLM could then                       sufficient for the protection of non-                 decision is made in sections 10, 11, 14,
                                                  modify the existing leases, which is a                  mineral (i.e. surface) resources. If not,             and 15 of T.14S, R. 90W, 6th PM in
                                                  non-competitive leasing action (43 CFR                  additional stipulations that would                    Gunnison County, Colorado within the
                                                  part 3430).                                             provide for the protection of non-                    coal lease modification area. The
                                                                                                          mineral resources must be prescribed.                 exploration plan was submitted by Ark
                                                  Exploration Plan                                        The Final EIS Tables 2.1a and 2.1b show               on behalf of MCC. Ark would conduct
                                                    The BLM’s purpose is to decide                        the stipulations on the parent leases and             the exploration activities. Exploration
                                                  whether to approve the exploration plan                 their applicability to the lease
                                                                                                                                                                consists of drilling, obtaining e-logs
                                                  and allow the activities to occur on the                modifications, as well as, proposed
                                                                                                                                                                down-hole, and collecting core samples
                                                  proposed coal leases, consistent with                   modifications and changes.
                                                                                                             In accordance with Forest Service                  for testing.
                                                  lease rights, if granted, in the manner
                                                  described in the plan; disapprove the                   Manual (FSM) 2820, the Standard                       Alternatives
                                                  plan with a statement of conformity; or                 Notice for Lands under the Jurisdiction
                                                                                                          of Agriculture is part of the parent                  No Action Alternative
                                                  approve the plan with additional
                                                  conditions (43 CFR 3482.2(a)(1)), if                    leases, and hence would apply to the                  A. Leasing
                                                  needed, to minimize impacts. As the                     lease modifications. This Standard
                                                  surface management agency, the GMUG                     Notice includes requirements for                         Analysis of the No Action alternative
                                                  has to determine the adequacy of the                    Cultural and Paleontological Resources,               is required by CEQ 40 CFR part
                                                  bond and has to concur with the                         and Threatened and Endangered                         1502.14(d). Under the no action
                                                  approval terms of the exploration plan.                 Species (see Final EIS Table 2.1a).                   alternative, the lease modifications
                                                    The BLM’s need is to respond to an                    Further, the Standard Notice contains                 would not be approved, and no mining
                                                  application to explore the coal deposits                the following language: ‘‘The permittee/              would occur in these specific areas.
                                                  in accordance with the federal lease                    lessee must comply with all the rules
                                                                                                                                                                Impacts from mining coal under these
                                                  agreements, if issued; NEPA; the                        and regulations of the Secretary of
                                                                                                                                                                areas would not occur on these lands,
                                                  Mineral Leasing Act, as amended by the                  Agriculture set forth at Title 36, Chapter
                                                                                                          II, of the Code of Federal Regulations                and the effects from on-going land uses
                                                  Federal Coal Leasing Amendments Act                                                                           could continue including coal mining
                                                  of 1976; and the Federal Land Policy                    governing the use and management of
                                                                                                          the National Forest System (NFS) when                 activities such as exploration and
                                                  and Management Act of 1976. The BLM                                                                           monitoring and subsidence related to
                                                  would also be fulfilling management                     not inconsistent with the rights granted
                                                                                                          by the Secretary of Interior in the                   existing mine activities, as well as
                                                  obligations regarding the federal coal                                                                        continued recreation and grazing. The
                                                                                                          permit. The Secretary of Agriculture’s
                                                  resource by obtaining information                                                                             land would continue to be managed
                                                                                                          rules and regulations must be complied
                                                  which allows the BLM to verify the
                                                                                                          with for (1) all use and occupancy of the             according to Forest Plan standards,
                                                  recoverable reserves.
                                                                                                          NFS prior to approval of an exploration               goals and guidelines.
                                                  Proposed Action                                         plan by the Secretary of the Interior, (2)
                                                                                                          uses of all existing improvements, such               B. Exploration Plan
                                                  Lease Modifications
                                                                                                          as forest development roads, within and                 Issuance of on-lease exploration is
                                                    Ark Land Company (Ark) submitted                      outside the area permitted by the                     conditional upon lease rights being
                                                  an application in January 2009 and                      Secretary of the Interior, and (3) use and            granted. If the lease modifications were
                                                  resubmitted in February 2015 seeking to                 occupancy of the NFS not authorized by                not approved, the Sunset Trail Area
                                                  modify two existing federal coal leases                 the permit/operation approved by the
                                                  COC–1362, owned by Mountain Coal                                                                              Coal Exploration Plan could also not be
                                                                                                          Secretary of the Interior.’’
                                                  Company (MCC), and COC–67232,                              Lease stipulations that have been                  approved as submitted. Information
                                                                                                                                                                would not be acquired on the coal
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                                                  owned by Ark, by adding 800 and 922                     identified in the Final EIS would be
                                                  additional acres (respectively) to them.                brought forward in the Supplemental                   resource. The No Action Alternative
                                                  The applications are being processed                    Draft EIS for all action alternatives.                would not preclude MCC from applying
                                                  according to procedures set forth in 43                    The proposed action responds to the                to BLM for an exploration license for
                                                  CFR 3432.                                               overall guidance given in the GMUG                    off-lease activities in the future unless
                                                    The proposed action is for the Forest                 Land and Resource Management Plan,                    otherwise precluded by the Colorado
                                                  Service to consent to and BLM                           as amended (USDA Forest Service,                      Roadless Rule.
                                                  approving modifications to MCC’s                        1991) which encourages


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                                                                              Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                             8901

                                                  Alternative 3—Consent to and Modify                     privately-owned (fee) and other federal               reclamation activities would take an
                                                  the Lease(s) Under the Colorado                         coal reserves which could extend the                  average of 16 days per hole.
                                                  Roadless Rule Framework (Agencies’                      life of the mine by an additional 1.3                    Roads would be needed for access to
                                                  Preferred Alternative)                                  years; it would not approve a new mine                drill pad locations at this time. Roads
                                                                                                          nor is it anticipated to change current               would generally have a travel width of
                                                  A. Leasing                                                                                                    14 feet wide. For construction road
                                                                                                          production rates at the West Elk Mine.
                                                     The proposed action is for the Forest                   Alternative 3 would be analyzed                    width would generally be 30 to 45 feet.
                                                  Service to to consent to and BLM                        under the framework of the Colorado                   For the analysis, an average of 35 feet
                                                  modifying existing federal coal leases                  Roadless Rule (CRR). This rule went                   will be used, which would disturb 4.24
                                                  COC–1362 and COC–67232 by adding                        into effect on July 3, 2012. The CRR                  acres per mile. Drill pads would, at a
                                                  800 and 922 additional acres                            specifically addressed coal mining in                 maximum, disturb 0.46 acres per pad.
                                                  (respectively) to ensure that compliant                 this area (known as the ‘‘North Fork                  Total disturbance on NFS lands would
                                                  and super-compliant coal reserves are                   Coal Mining Area’’) by providing for the              be 29.64 acres.
                                                  recovered and not bypassed, and to                      construction of temporary roads which                    Drilling activities such as pad
                                                  identify stipulations for the protection                would be needed for MDWs. The CRR                     construction, road grading, or watering,
                                                  of non-mineral (i.e. surface) resources.                in this instance includes the Sunset                  would not be scheduled on opening
                                                     The proposed action deals primarily                  Colorado Roadless Area (CRA). Sunset                  weekend of big game hunting seasons to
                                                  with underground mining. It is assumed                  CRA includes 786 acres of the COC–                    avoid user conflicts.
                                                  that longwall mining practices would be                 1362 lease modification and 915 acres of                 There would be no stationary fuel
                                                  used. Minor surface disturbance would                   the COC–67232 lease modification.                     storage on site. Fuel would be brought
                                                  occur on Forest Service lands as a result               Under Alternative 3, the Forest Service               to the equipment by truck. If left on-site,
                                                  of subsidence (slight lowering of the                   would consent to and BLM would                        the fuel truck would be parked on a
                                                  land surface and possible soil cracking                 modify the leases with all stipulations/              prepared drill pad where drainage is
                                                  along the outside edges) as the coal is                 notices/addenda identified in the Final               contained on the pad and mud pit.
                                                  removed. In the event that post-lease                   EIS (Tables 2.1a and 2.1b). This                         Exploration activities would follow
                                                  surface activities are proposed and                     alternative would rely on the                         any required stipulations attached to the
                                                  authorized, other soil disturbance may                  reinstatement of the North Fork Coal                  leases and lease modifications.
                                                  occur due to temporary road                             Mining Area exception to the CRR after                   First Year Exploration Drilling
                                                  construction and drilling of methane                    Court vacateur; analysis of which is in               Program—Four exploration drill holes
                                                  drainage wells (MDWs) which are                         progress. The North Fork Coal Mining                  (SST–2, SST–4, SST–5, and SST–6) are
                                                  needed for safety of miners                             Area exception would allow for MDW                    planned to be drilled in the first field
                                                  underground. Current technology is not                  drilling and temporary road access, and               season. These four holes would be
                                                  available that would be able to drill                   would therefore allow for mining the                  within the lease modification area of
                                                  MDWs without roads.                                     coal under RFMP (described in the Final               COC–1362. Temporary roads and drill
                                                     Because leasing itself does not                      EIS Section 3.2) with today’s available               sites would be developed. Upon
                                                  approve any mineral development or                      technology. Because a leasing decision                completion of the first field season and
                                                  surface disturbance, it is necessary to                 itself does not involve any mineral                   subsequent data review, Ark would
                                                  project the amount of surface use or                    development or surface disturbance, it                determine if completion of the
                                                  activity that may result during lease                   is necessary to project the amount of                 exploration plan with the remaining six
                                                  development in order to disclose                        surface use or activity that will likely              exploration drill holes is warranted for
                                                  potential effects and inform decision-                  result during lease development in                    a second season. If Ark determines
                                                  making. A Reasonably Foreseeable Mine                   order to disclose potential effects and               further exploration drilling is not
                                                  Plan (RFMP) has been developed to                       inform decision-making.                               warranted, unless the drill sites and
                                                  address potential environmental effects                                                                       access roads would be used as future
                                                  and is detailed to the extent necessary                 B. Exploration Plan                                   MDW locations, they would then be
                                                  without being predecisional. A RFPM                       The proposed action is for the BLM to               reclaimed. If further exploration is
                                                  has previously been developed for this                  approve the site-specific Sunset Trail                warranted, the edges of temporary roads
                                                  alternative and is included in the Final                Area Coal Exploration Plan to conduct                 would be reclaimed to a maximum 14
                                                  EIS (Section 3.2). It must be noted that                coal exploration activities after a leasing           foot width running surface. Per Forest
                                                  decisions pertaining to surface use and                 decision. Exploration would consist of                Service stipulations, waterbars and
                                                  disturbance, with the exception of                      drilling, obtaining e-logs down-hole,                 stormwater control devices will be
                                                  subsidence impacts, are not made at the                 and collecting core samples for testing               placed at the end of the field season,
                                                  leasing stage. Rather, the decisions                    and is detailed below.                                even if the road will be used again in
                                                  related to permit-related surface                         Sites, locations, temporary access                  the next season. Culverts would be
                                                  activities are made when and if site-                   road lengths, and estimated disturbed                 removed to allow unhindered natural
                                                  specific surface uses are proposed, and                 acreage of the 10 exploration sites                   flow events over the winter and spring.
                                                  are evaluated through the BLM’s on-                     proposed have previously been                         Site SST–6 may be kept open as a
                                                  lease exploration (detailed below) or                   identified. They would be located                     staging area for the next season’s
                                                  through State permitting process for                    within the proposed coal leases                       activities.
                                                  mining. The environmental effects                       modifications above. Exploration                         Second Year Exploration Drilling
                                                  analysis of post-lease surface use and                  activities would be scheduled to be                   Program—If the results of the coal
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                                                  disturbance associated with this                        completed over the course of two years.               resource exploration from the first field
                                                  alternative will include subsidence and                 Exploration and reclamation activities                season are favorable, exploration
                                                  MDW pads and their associated access.                   would be completed by October 31 each                 activities would continue during the
                                                  It should be noted that approval of these               year.                                                 second field season at sites SST–1, SST–
                                                  lease modifications may extend the life                   Access road upgrades and new                        3, and SST–7 through SST–10.
                                                  of the existing West Elk Mine by                        construction would begin one to two                      Drainage control on temporary roads
                                                  approximately 1.4 years and provides                    weeks prior to moving the drill rig onto              used for the previous year’s exploration
                                                  underground access to existing                          the site. The construction, drilling, and             program will be reestablished.


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                                                  8902                        Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices

                                                     Pre-drilling Activities—On-site                      excavated at each site depending upon                 be directed into the slurry pit as would
                                                  inspection of proposed drill sites and                  depth of drill hole and projected water               most precipitation runoff.
                                                  access routes was conducted with                        requirements. The mud pit(s) would be                    Upon drill hole completion, one truck
                                                  representatives from appropriate                        approximately 10 feet wide, 30 feet                   mounted geophysical logging unit
                                                  regulatory agencies to discuss site-                    long, and 6 feet deep. Subsoil and rock               would be used at each hole location.
                                                  specific concerns. A road was relocated                 materials would be stockpiled within                     Modification of Drill Holes to
                                                  to improve stream crossings and avoid                   the drill pad clearing and used to refill             Surveillance for Water Levels—
                                                  steep slopes.                                           the mud pits at reclamation.                          Exploration hole SST–2 may be
                                                     State, Forest Service, and BLM                          Erosion and transportation of                      converted to an E-Seam water
                                                  regulatory personnel would be notified                  sediment would be minimized through                   monitoring site if a mineable thickness
                                                  at least 48 hours before any construction               stormwater controls. Using the existing               of E-Seam coal is present. Construction
                                                  or drilling equipment is mobilized. An                  roads or trails would minimize                        of the water monitoring well would be
                                                  authorized representative of Ark would                  disturbance. Where possible, the                      delayed until a determination on
                                                  supervise all construction and drilling                 existing vegetation would be left to                  mineability of the coal is made. The
                                                  activities. A copy of the exploration                   reduce the need for sediment control.                 necessary well permit would then be
                                                  permit and all pertinent permit                         Using existing level areas for drill pads             obtained from the Colorado Division of
                                                  documents would be available from the                   would minimize surface disturbance.                   Reclamation, Mining and Safety
                                                  Ark representative for inspection. Any                     Salvaged soils would be placed                     (CDRMS) for the well installation. It is
                                                  proposed changes in the exploration                     adjacent to the drill pad with                        not anticipated that significant water-
                                                  plan after permit approval woul be                      appropriate sediment control devices                  bearing bedrock or aquifers would be
                                                  reviewed and approved by the                            surrounding the down slope portion of                 encountered. The Mesa Verde
                                                  appropriate regulatory agencies before                                                                        Formation is known to contain limited
                                                                                                          the soil stockpile. A similar sediment
                                                  changes take effect.                                                                                          water bearing sandstones, and no
                                                                                                          control device would be placed on the
                                                     Road Construction—Existing roads                                                                           known bedrock aquifers exist. If
                                                                                                          downslope side of the subsoil/rock
                                                  would be used whenever possible and                                                                           significant quantities of water are
                                                                                                          stockpiles from the slurry (mud) pits.
                                                  movement of equipment across                                                                                  encountered, the appropriate regulatory
                                                                                                             Methods and Equipment for Drilling—                officials would be notified and if
                                                  undisturbed land would be kept to a
                                                  minimum. New roads would be                             Rotary drilling and coring on each site               directed, the hole may be completed as
                                                  constructed only when necessary and                     would be completed using a rubber-                    an additional water monitoring well.
                                                  only as the drilling program progresses.                tired, truck-mounted drilling rig. To aid                Drill Hole Abandonment Methods—
                                                  A projected maximum 14-foot road                        in the reduction of surface disturbances,             The hole plugging method described in
                                                  running width would be employed                         Ark would use the smallest possible                   43 CFR 3484.1(a), states that each open
                                                  except in locations such as curves,                     drill rig that can be used safely and                 hole would be plugged with cement
                                                  where more width would be needed for                    successfully. Support equipment may                   from bottom to 50 feet above the
                                                  the drill rig. Maximum road width                       consist of one or two water trucks, one               uppermost thick coal seam and from 50
                                                  disturbed area would be 40 feet. The                    rig-up truck, a pipe truck, flatbed trailer,          feet below to 50 feet above any aquifers
                                                  analysis will use an average of 35 feet                 one or more air compressors and/or                    encountered in the hole. The remainder
                                                  of disturbance width. The drill sites                   boosters, a supply trailer, and three 4-              of the hole would be filled with an
                                                  have been located so temporary roads                    wheel drive pickups.                                  approved completion mud, gel, cuttings,
                                                  are as short and disturb as little ground                  Water sources for drilling operations              or cement to within 10 feet of the
                                                  as possible and still provide reasonable                would be nearby streams, where MCC                    surface. A 10 foot cement surface plug
                                                  access and appropriate coal data.                       owns the water rights, or stock watering              would be set, and an appropriately
                                                  Topsoil would be stockpiled and                         ponds. Water from streams would be                    labeled monument marker to be
                                                  redistributed at reclamation. Erosion                   either pumped or trucked to the sites. If             cemented into the surface plug. For
                                                  control structures such as water bars                   pumped, pipes (1-inch                                 monitoring wells, the surface casing
                                                  would be installed as required and                      polyvinylchloride or 2- to 3-inch hose)               would be cut off at or below the level
                                                  would be constructed in accordance                      would be laid alongside the roads and                 of the soil surface. Ark may elect to fill
                                                  with regulations and stipulations. Any                  undisturbed ground surface. If trucked,               the hole in its entirety with cement.
                                                  culverts placed would be removed at the                 about two 4,000-gallon water truck trips                 Access—Primary routes used to
                                                  completion of the project.                              would be needed per site. The use of                  access the exploration area would be
                                                     Drill Site Construction—Drill sites                  these water sources would be approved                 Highway 133 to the West Elk Mine
                                                  would be 0.46 acres of disturbance or                   by the agency or party owning the water               entrance and the private and National
                                                  smaller. Drill site sizes and dimensions                rights. In the event stock ponds are                  Forest administrative road through
                                                  were reviewed and field fitted to                       used, minimum water levels would be                   Sylvester Gulch to National Forest
                                                  topography with the aid of Forest                       established to ensure sufficient water is             System Road (NFSR) 711.
                                                  Service representatives.                                left for stock and wildlife. Removal of               Approximately 0.4 miles of NFSR 711
                                                     A bulldozer (D–7 or smaller) would                   sediments and other maintenance of                    will be used to access the Sylvester
                                                  clear brush and small trees from the                    stock watering ponds within proximity                 Gulch Road.
                                                  drill pad. Topsoil would be removed                     to the exploration sites would provide                   Secondary access may use the
                                                  and stockpiled on the upslope side of                   improved water storage for drilling                   Gunnison County Road 710 to Lick
                                                  the drill pad and remain undisturbed                    operations and long term use for                      Creek. Access is controlled through a
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                                                  during drilling. Up to one foot of topsoil              wildlife and livestock. Sediments                     gate at the bottom of the Lick Creek
                                                  thickness would be salvaged and                         removed from ponds would be placed                    Road on MCC’s fee surface to the
                                                  stockpiled at the disturbance site with a               on the pond embankment, wheel-rolled,                 exploration area. Additionally there
                                                  ‘‘TOPSOIL’’ sign clearly marking the                    and seeded. Water consumption is                      may be access via NFSR 711 and the
                                                  pile. Drill sites would be leveled by                   estimated at 5,500 to 8,500 gallons per               spurs 711–2C to the proposed sites and
                                                  grading.                                                drill hole (0.017–0.026 acre feet). No                711–2A.
                                                     Slurry (mud) pits would be made on                   water storage tanks would be needed.                     NFSR 711 has been maintained by
                                                  the drill pad. One or two pits would be                 Overland flow of the drill fluids would               MCC as an access road to exploration


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                                                                              Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                               8903

                                                  drill holes and methane drainage well                   considered for Alternative 3 as detailed              mining, methane is released into the
                                                  sites for 17 years. Upgrades and                        in the Final EIS (Tables 2.1a and 2.1b).              mine during extraction. MSHA
                                                  improvements to the road include gravel                 As part of the analysis of this                       regulations require methane to be
                                                  base, culverts, ditches, gates, and                     alternative, the Forest Service requested             diluted in the ventilation air and then
                                                  drainage control structures. Ongoing                    an additional review from BLM to make                 vented to the atmosphere, known as
                                                  maintenance is a condition of MCC’s                     determinations of mineable resources.                 VAM, for the safety of the mine workers.
                                                  Road Use Permit.                                           Alternative 4 will analyze the effects                With respect to the VAM, no
                                                     Reclamation Plan—Final reclamation                   of post-lease surface activities—                     technology currently exists that has
                                                  activities would follow the completion                     1. Under the Colorado Roadless Rule                been demonstrated to have the
                                                  of the hole as soon as possible. Upon                   including temporary road construction                 capability of handling the volume of
                                                  completion of all drilling activities at                in the Sunset Colorado Roadless Area,                 ventilation air and dilute concentrations
                                                  each site; debris, trash, and drilling                  as described in Alternative 3 above, or               of methane at the West Elk Mine to
                                                  equipment will be removed. Mud pit(s),                     2. with no road construction above.                make capture economically feasible
                                                  once sufficiently dry, would be filled                     An RFMP was developed to address                   (current lease stipulation language). In
                                                  with stored subsoil and compacted.                      indirect and cumulative effects specific              2009, the DOE released the results of a
                                                  Remaining subsoil would be                              to the COC–1362 modification only.                    study to simulate VAM capture using a
                                                  redistributed on and around the drill                   B. Exploration Plan                                   non-producing mine (see U.S.
                                                  pad to the original contour. Stored                                                                           Department of Energy Cooperative
                                                                                                             The on-lease exploration activities                Agreement DE–FC26–02NT41620,
                                                  topsoil would be distributed evenly over
                                                                                                          would remain similar to Alternative 3                 available on the Internet at: http://
                                                  the disturbed pad area.
                                                     The entire drill pad area would be re-               except roads would truncated at the                   www.epa.gov/cmop/docs/vam_
                                                  seeded using the Paonia Ranger District                 lease modification boundary. This may                 executive-summary.pdf). The project
                                                  seed mix. After seeding, the cleared                    result in a reduction of three or more                demonstrated continued advancements
                                                  brush would be redistributed over the                   exploration drill holes and a reduction               and a viable solution for coal mine VAM
                                                  drill pad area to act as natural mulch.                 of approximately 2.75 miles of                        control. The DOE, however, stated that
                                                  This method has proven successful for                   temporary road within the COC–67232                   the, ‘‘system is only economically
                                                  the revegetation of previous drill sites.               lease modification. Because an                        feasible when there is value for GHG
                                                  Sediment control measures would                         exploration plan specific to this                     emission reduction.’’ This implies
                                                  include slash, silt fence, erosion control              alternative has not been submitted, the               carbon credits, cap- and-trade, or
                                                  blankets, or straw wattles.                             agencies are unsure if road density and               another market or regulatory-based
                                                     Newly developed access roads would                   miles might be increased on the COC–                  incentivized system for reducing GHGs.
                                                  be graded to the original contour as                    1362 lease to try to reach drill holes                (The DOE assessment included carbon
                                                  closely as possible and re-seeded.                      close to the lease modification boundary              credits in their economic feasibility
                                                     The drill pad and access roads                       or if they will be foregone. Effects                  model, which provided a cost basis for
                                                  reclamation procedure outlined above                    analysis will rely on the RFMP                        controlling VAM up to 180k cfm).
                                                  would apply only to newly disturbed                     developed for leasing to assess impacts.                 In relation to the coal lease
                                                  areas. Existing roads, as identified in the                Alternatives to be removed from                    modifications, MCC commissioned an
                                                  2010 Gunnison National Forest’s Travel                  detailed analysis in the SDEIS include:               analysis (Final EIS Appendix A) for
                                                                                                             Alternative 2—Under Alternative 2,                 capturing and/or conditioning the MDW
                                                  Management Plan, would be left in a
                                                                                                          the Forest Service would consent to and               methane for use onsite as fuel for a co-
                                                  condition equal to or better than that
                                                                                                          BLM would modify the leases with                      generation facility in order to produce
                                                  observed upon Ark’s entry into the area.
                                                                                                          stipulations/notices/addendums above                  electricity for sale to the grid, or for sale
                                                     After reclamation, newly constructed
                                                                                                          listed for the Action Alternatives.                   as pipeline quality natural gas. The
                                                  access roads to certain drill sites may be
                                                                                                          However, under the provisions of 2001                 study evaluated the gas characteristics
                                                  blocked and closed to vehicle entry at
                                                                                                          Roadless Area Conservation Rule, road                 and potential quantities of methane that
                                                  the GMUG or surface owner’s request.
                                                                                                          construction would not be allowed in                  would be realistically produced based
                                                  Alternate road closure methods may be
                                                                                                          the lease modification areas. At the time             upon existing well data and testing.
                                                  employed where practical after review
                                                                                                          of this notice, the 2001 Roadless Area                This information was then used to
                                                  with the Forest Service representative.
                                                                                                          Conservation Rule is no longer in effect              engineer a collections system, including
                                                  Alternative 4—Consent to and Modify                     in Colorado. It has been replaced with                options for pipelines and screw
                                                  Only COC–1362 Lease (Environmentally                    the 2012 Colorado Roadless Rule and                   compressor configurations for pressure
                                                  Preferable Alternative)                                 the roadless area boundaries have                     management; and dehydration units,
                                                                                                          changed. Therefore, this alternative is               control systems, values, and metering.
                                                  A. Leasing
                                                                                                          now moot.                                             Options for energy generation
                                                     Many commenters expressed                               Alternatives not considered in detail              equipment included reciprocating
                                                  concerns regarding roadless area effects                in the SDEIS remain as described in the               internal combustion engines (RICE) and
                                                  due to post-lease development.                          FEIS and BLM EA:                                      combustion turbines. Additional gas
                                                  Similarly, some commenters suggested                       Mitigate the potential greenhouse gas              processing equipment options for
                                                  an alternative requesting agencies’                     emissions of the project by requiring                 rendering natural gas from the CMM
                                                  consent/leasing for proposed                            MCC to use MDW ventilation air                        were also presented. The analysis
                                                  modification to COC–1362 only, while                    methane—In the geological process,                    covered multiple scenarios for multiple
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                                                  not consenting to proposed modification                 methane and coal are formed together.                 configurations of equipment. The
                                                  to lease COC–67232. In response to                      In many coal-bearing formations, the                  analysis for the production of natural
                                                  those comments Alternative 4 was                        methane can be trapped within the coal                gas from CMM indicated that the levels
                                                  brought forward for further analysis                    seams and/or within the surrounding                   of contaminants in the gas (including
                                                  from alternatives Considered but                        rock strata. The process of longwall                  carbon dioxide, oxygen, and nitrogen)
                                                  Eliminated from Detailed Study in the                   mining reduces the geological pressure                were treatable, but that the cost of
                                                  Draft EIS. Alternative 4 would include                  and fractures the coal, thereby releasing             treatment of the gas, the cost of gas
                                                  all the same lease stipulations                         the methane. In underground coal                      compression, and the distance to access


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                                                  8904                        Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices

                                                  available existing pipeline systems were                mitigation measure for this leasing                   non-motorized trail that is mostly
                                                  prohibitive for delivery of the gas as a                analysis.                                             overgrown with minimal use by the
                                                  saleable product. This mining project                      While other specific off-set (or off-              public. Recreational values according to
                                                  would be an addition to an existing                     site) mitigations may be possible, they               the Forest Plan for this management
                                                  mine; therefore, uninterrupted mining                   have not been brought forward for                     area could range from semi-primitive
                                                  would need to take place in order for                   consideration related to this leasing                 non-motorized to roaded natural or
                                                  this project to be economically viable.                 analysis.                                             rural. Further, the Alternative 3
                                                     An alternative for methane capture,                     Prevent all future disturbances from               includes a lease notice that addresses
                                                  with the required infrastructure, would                 road construction, methane drainage                   development scenarios for Roadless
                                                  likely include more miles of road                       well pads and the like in Roadless                    Areas.
                                                  construction connecting to a capture                    Areas—The environmental                                  • NSO stipulations prohibiting road
                                                  facility (probably centralized to                       consequences from an alternative that                 and MDW well pad construction for all
                                                  operations) and pipeline construction                   considers prevention of future surface                areas within 1⁄4 mile of: (a) All lynx
                                                  (even though pipelines may occur near                   disturbance is already covered by                     denning habitat; (b) all lynx winter
                                                  or in roads) and surface disturbance                    consideration of the No Action                        foraging habitat; and (c) all lynx foraging
                                                  than would the Alternative 3, which                     Alternative. Therefore, CEQ NEPA                      habitat which is adjacent to lynx
                                                  would also produce additional impacts                   regulations describe this situation as                denning habitat.
                                                  across multiple resource areas including                having been covered by prior                             Appropriate stipulations specific to
                                                  air resources and roadless areas.                       environmental review (Sec. 1506.3).                   Lynx and related to Threatened and
                                                                                                             Shrink the boundaries of the lease to              Endangered species are in Alternatives
                                                     Mitigate the potential greenhouse gas                conform to the area where the coal will               3 & 4. Lynx stipulations included are
                                                  emissions of the project by requiring                   be mined underground—The proposed                     consistent with the GMUG Forest Plan
                                                  MCC to purchase of carbon credits or do                 lease modification boundaries were                    2008 amendment, Southern Rockies
                                                  off-set mitigations—It was suggested                    defined by the BLM during tract                       Lynx Amendment and the Endangered
                                                  that MCC be required to purchase                        delineation, and the FS has not found                 Species Act. Further, the Forest Service
                                                  carbon credits as mitigation for                        reasons for shrinking the tracts due to               has consulted with the USFWS
                                                  methane. Congress may develop cap-                      surface resource concerns or results of               regarding Canada lynx. CEQ NEPA
                                                  and-trade legislation as a means to                     the unsuitability assessment (see                     regulations describe this situation as
                                                  reduce greenhouse gas emissions. Under                  Appendix B).                                          having been covered by prior
                                                  ‘‘cap-and-trade,’’ the government sets a                   The mine plan is approved in a later               environmental review (Sec. 1502.20).
                                                  limit or a cap on the amount of a                       permitting process by DRMS and OSM.                      2. NSO stipulations prohibiting road
                                                  pollutant that may be emitted. The limit                The longwall panels foreseen by MCC                   and MDW well pad construction for all
                                                  or cap is allocated or sold to businesses               are based on current, yet limited                     areas within 1⁄4 mile of a water influence
                                                  in the form of emissions permits, which                 knowledge of the geology. As panels are               zone (WIZ).
                                                  then represent the right to emit or                     developed, they could be longer or                       The GMUG’s WIZ is defined as: The
                                                  discharge a specific volume of the                      shorter, depending upon conditions                    land next to water bodies where
                                                  specified pollutant. Under this type of                 found during development. If the area to              vegetation plays a major role in
                                                  legislation, businesses are required to                 be mined is limited, it could cause                   sustaining long-term integrity of aquatic
                                                  hold a number of permits (or ‘‘carbon                   bypass of mineable coal. Therefore,                   systems. It includes the geomorphic
                                                  credits’’) equivalent to their emissions.               where actual subsidence or mining may                 floodplain (valley bottom), riparian
                                                  Generally, one carbon credit is equal to                occur is not known at this time. The                  ecosystem, and inner gorge. Its
                                                  one tonne (metric ton) of carbon dioxide                estimated subsidence, derived from the                minimum horizontal width (from top of
                                                  or carbon dioxide equivalent gases. The                 RFMP for each alternative is described                each bank) is 100 feet or the mean
                                                  total number of carbon credits cannot                   in the Final EIS Section 3.4.                         height of mature dominant late-seral
                                                  exceed the established cap, limiting                       Protect values of the area by using this           vegetation, whichever is most. The
                                                  total emissions to that level. Businesses               set of stipulations for the Proposed                  Watershed Conservation Practices
                                                  that need to increase their carbon                      Action.                                               Handbook 12.1 Management Measure
                                                  credits must buy from those who require                    Protect a number of values by                      (3) states in the WIZ ‘‘allow only those
                                                  fewer carbon credits (‘‘trade’’). The goal              adopting the following no surface                     actions that maintain or improve long-
                                                  of cap-and-trade legislation is to allow                occupancy (NSO) stipulations (proposed                term stream health and riparian
                                                  market mechanisms to drive industrial                   stipulation is followed by response):                 ecosystem condition.’’ Lease
                                                  and commercial endeavors where                             1. NSO stipulations prohibiting road               stipulations addressed in the
                                                  carbon emissions are constrained (or                    and MDW well pad construction within                  Alternatives 3 & 4 address the concern
                                                  limited); to date they are not                          1⁄4 mile of the hiking route known as
                                                                                                                                                                of activities in the WIZ.
                                                  constrained in the US. Since GHG                        ‘‘Sunset Trail,’’ which traverses the                    3. NSO stipulations prohibiting road
                                                  mitigation projects (such as those listed               lease modification, to protect                        and MDW well pad construction for all
                                                  for flaring or capture above) generate                  recreational values.                                  areas within 1⁄2 mile of the West Elk
                                                  carbon credits, the sale can be used to                    GMUG Forest Plan indicates (III–68)                Wilderness boundary, to protect
                                                  finance carbon reduction projects                       coal mining is prohibited on trails on                roadless, wildlife, scenic, and other
                                                  between trading partners around the                     the National System of Trails in                      values.
                                                  world. Currently, purchasing carbon                     ‘‘Further Planning Areas’’ (i.e., areas                  The West Elk IRA was not brought
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                                                  credits is a voluntary financial                        identified in the Rare II inventory for               forward as a further planning area
                                                  investment that MCC may choose to                       wilderness designation). The Sunset                   during the RARE II wilderness
                                                  entertain for business reasons. The                     CRA is not a further planning area and                inventory. Unlike Oil, Gas and
                                                  federal agencies are not involved in any                the Sunset Trail is not on the National               Geothermal development (Forest Plan
                                                  financial investment decisions that MCC                 System of Trails (examples on the                     III–54), coal leasing does not provide
                                                  makes as a corporation. Since no cap                    GMUG include Crag Crest Trail,                        any conditions that would warrant the
                                                  has been established, there is no need to               Continental Divide National Scenic                    issuance of an NSO buffer stipulation in
                                                  require purchase of carbon credits as                   Trail, etc), it is simply a non-system                this area (Forest Plan III–66).


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                                                                              Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                             8905

                                                  Recreational values according to the                    identified by Region 2 list. CEQ NEPA                 it would not effectively explore the coal
                                                  Forest Plan for this management area                    regulations describe this situation as                leases consistent with lease rights, if
                                                  could range from semi-primitive non-                    having been covered by prior                          granted.
                                                  motorized to roaded natural or rural.                   environmental review (Sec. 1502.20).
                                                                                                             4. NSO stipulations prohibiting road               Lead and Cooperating Agencies
                                                  Furthermore, provisions of the Colorado
                                                  Wilderness Act (specific to the West Elk                and MDW well pad construction on                        Lead Agency:
                                                  Wilderness) do not allow for the                        slopes greater than 40% to protect soils              Grand Mesa, Uncompahgre and
                                                  prevention of activities outside                        and prevent erosion.                                    Gunnison National Forests
                                                  wilderness ‘‘Congress does not intend                      A stipulation that requires restrictions             Cooperating Agencies:
                                                  that designation of wilderness areas in                 for no surface occupancy to be allowed                Uncompahgre Field Office, Bureau of
                                                  the State of Colorado lead to the                       in ‘‘areas of high geologic hazard or high              Land Management
                                                  creation of protective perimeters or                    erosion potential, or on slopes which                 Southwest District Office, Bureau of
                                                  buffer zones around each wilderness                     exceed 60%’’ and a stipulation that                     Land Management
                                                  area. The fact that nonwilderness                       requires ‘‘special interdisciplinary team             Colorado State Office, Bureau of Land
                                                  activities or uses can be seen or heard                 analysis and mitigation plans detailing                 Management
                                                  from areas within the wilderness shall                  construction and mitigation techniques                Western Region, Office of Surface
                                                  not, of itself, preclude such activities or             would be required on areas where                        Mining Reclamation and Enforcement
                                                  uses up to the boundary of the                          slopes range from 40–60% . . . the                    Colorado Division of Reclamation
                                                  wilderness area’’ (96–560, Sec. 110).                   interdisciplinary team could include                    Mining and Safety
                                                     • NSO stipulations prohibiting road                  engineers, soil scientist, hydrologist,               Responsible Officials
                                                  and MDW well pad construction within                    landscape architect, reclamation
                                                  1⁄4 mile of any old growth forest to                    specialist and mining engineer’’ already              GMUG Forest Supervisor
                                                                                                          exists as part of the Alternative 3. These            BLM Southwestern District Manager
                                                  prevent fragmentation.
                                                     Old growth stands have not been                      stipulations are required by the Forest               Nature of Decision To Be Made
                                                  identified in the lease modification area.              Plan and supported by the Watershed
                                                  There are three stands which may or                     Conservation Practices Handbook (FSH                  Forest Service
                                                  may not be old growth outside the lease                 2509.25). CEQ NEPA regulations                           The GMUG Forest Supervisor is the
                                                  modification area within the affected                   describe this situation as having been                Authorized Officer for this discretionary
                                                  6th level hydrologic unit code (HUC)                    covered by prior environmental review                 consent decision on these coal lease
                                                  (same acreage as the 4th level                          (Sec. 1506.3).                                        modifications (FSM 2822.04c, R2
                                                  watersheds described in early old                          For Exploration Use Helicopters to                 Supplement). Given the purpose and
                                                  growth definitions) that meet the first                 Transport Drill Rig—An alternative                    need, the Authorized Officer will review
                                                  screening criteria (large diameter trees)               analyzing drilling using a drill rig that             the proposed action, the other
                                                  for old growth using Mehl’s definitions                 can be placed on site by a helicopter                 alternatives, and the environmental
                                                  (Mehl 1992). One is a spruce-fir stand                  drill rig to avoid construction of access             consequences in order to decide the
                                                  located in the West Elk Wilderness; one                 roads was considered; however, this                   following:
                                                  is a cottonwood stand located primarily                 alternative was not carried forward for                  • Whether or not to consent to the
                                                  on private land; the last is a spruce-fir               detailed analysis because it is                       BLM modifying existing Federal Coal
                                                  stand over a mile west of the lease                     ineffective and technically infeasible.               Lease COC–1362 by adding 800 acres,
                                                  modifications. None of these stands                     The geology of the exploration area is                and whether or not to consent to the
                                                  would be impacted directly or                           such that the aggregate material is not               BLM modifying existing Federal Coal
                                                  cumulatively by post-leasing surface                    structurally sound; therefore, the drill              Lease COC–67232 by adding 922 acres
                                                  impacts. However, assuming post-lease                   hole must be cased. In order for the                  according to the Mineral Leasing Act of
                                                  surface disturbing activities would                     holes to be properly cased, the initial               1920; as amended by the Federal Coal
                                                  occur in mature/over-mature classes                     diameter must be wide enough to allow                 Leasing Amendments Act of 1976 and
                                                  (which may provide some of the same                     for casing and core extraction. This is               Energy Policy Act of 2005;
                                                  habitat components as old growth), the                  not feasible to do with a drill rig that                 • If the Forest Service consents to
                                                  GMUG Forest Plan (page III–9a, III–9b)                  can be transported by helicopter                      modify the leases, they will prescribe
                                                  allows for removal of 70–80% of these                   because they are too small and not                    stipulations needed for the protection of
                                                  stands assuming residual patch sizes are                powerful enough. Furthermore, this                    non-mineral surface resources by
                                                  met. If the RFMP were implemented in                    alternative would not fulfill the purpose             determining if the existing stipulations
                                                  Alternative 3, it is estimated that up to               and need for the proposed action                      on the parent lease are sufficient. If they
                                                  61 acres of mature/over-mature aspen                    because it would not allow the                        are not sufficient, prescribe additional
                                                  (0.3% of vegetation unit), and 7 acres of               exploration to be accomplished if the                 stipulations that will provide for the
                                                  mature/over-mature spruce-fir (0.09% of                 holes collapse before the core sample                 protection of non-mineral interests in
                                                  vegetation unit) may be disturbed.                      can be obtained.                                      the lands.
                                                  These are both only a tiny fraction of                     For Exploration Analyze Only the                      The Forest Service Authorized Officer
                                                  that allowed to be removed under forest                 Holes Proposed to be Drilled During the               will determine if the activity is
                                                  plan standards to protect structural                    First Field Season for Exploration—An                 consistent with the GMUG Forest Plan.
                                                  diversity.                                              alternative was suggested by Wild Earth               The Forest Service decision will be
                                                     • NSO stipulations prohibiting road                  Guardians that would include only the                 made based on the analysis relative to
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                                                  and MDW well pad construction within                    four holes that MCC proposes to drill                 the No Action and Proposed Action
                                                  1⁄2 mile of any raptor nest site.                       during the first field season. This                   Alternatives.
                                                     There is no need for an NSO                          alternative was not carried forward for
                                                  stipulation related to raptor nest sites as             detailed analysis because it is                       BLM
                                                  it is covered by survey and timing                      ineffective as it would not provide the                 The BLM is a cooperating agency for
                                                  limitations requirements (Lease                         necessary information on the coal. This               this EIS to respond directly to their role
                                                  Stipulations) in Alternatives 3 & 4 for                 alternative would not meet the purpose                in the Federal coal leasing process
                                                  sensitive raptors in Colorado as                        and need of the proposed action because               which is tied to the mineral (not


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                                                  8906                        Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices

                                                  surface) estate. The BLM State Director                 Preliminary Issues                                    BBG. The Board will also hear from the
                                                  is the Authorized Officer for the BLM,                    Issues have previously been                         BBG networks regarding enhanced
                                                  and will decide whether or not to                       addressed in the Final EIS (Table 1.9)                coordination efforts.
                                                  modify the existing coal lease under the                and will be carried forward in this                      This meeting will be available for
                                                  Mineral Leasing Act, as amended, and                    analysis. It is believed that new issues              public observation via streamed
                                                  the federal regulations under 43 CFR                    will arise during this the Supplemental               webcast, both live and on-demand, on
                                                  3400. The Uncompahgre Field Office                                                                            the agency’s public Web site at
                                                                                                          EIS process including, but not limited
                                                  Manager/Southwest District Manager is                                                                         www.bbg.gov. Information regarding this
                                                                                                          to: Changes in fish recovery status
                                                  responsible for providing the State                                                                           meeting, including any updates or
                                                                                                          prompting reconsideration of GMUG’s
                                                  Director with briefings and                                                                                   adjustments to its starting time, can also
                                                                                                          Programmatic Biological Opinion for
                                                  recommendations. Specifically, the                                                                            be found on the agency’s public Web
                                                                                                          Water Depletions related to Endangered
                                                  BLM will decide whether to:                                                                                   site.
                                                     • Adopt the No-Action Alternative                    Big River Fishes and request for Social
                                                  (no leasing);                                           Cost of Methane analysis.                                The public may also attend this
                                                     • Adopt the coal lease modifications                                                                       meeting in person at the address listed
                                                                                                          Scoping Process
                                                  as applied for by the applicants;                                                                             above as seating capacity permits.
                                                     BLM cannot issue lease modifications                   In addition to receiving and                        Members of the public seeking to attend
                                                  without the consent of the surface                      considering previous comments from                    the meeting in person must register at
                                                  managing agency. BLM’s must also                        the public, the agency continues to                   https://www.eventbrite.com/e/meeting-
                                                  decide whether to approve the                           accept and consider public comments to                of-the-broadcasting-board-of-governors-
                                                  exploration plan and allow the activities               guide the development of this                         tickets-21487255961 by 12:00 p.m.
                                                  to occur on the coal leases, consistent                 Supplemental EIS and the resulting                    (EST) on February 25. For more
                                                  with lease rights if granted, in the                    decision. Additional comments should                  information, please contact BBG Public
                                                  manner described in the plan,                           clearly articulate the reviewer’s                     Affairs at (202) 203–4400 or by email at
                                                  disapprove the plan with a statement of                 concerns and contentions, and focus on                pubaff@bbg.gov.
                                                  conformity, or approve the plan with                    the adequacy of stipulations proposed                 CONTACT PERSON FOR MORE INFORMATION:
                                                  additional conditions (43 CFR                           as they relate to the protection of surface           Persons interested in obtaining more
                                                  3482.2(a)(1)), if needed to minimize                    resources or specific to anaysis that                 information should contact Oanh Tran
                                                  impacts. BLM cannot approve an                          must be undertaken relative to                        at (202) 203–4545.
                                                  exploration plan without concurrence                    exploration activities. Comments
                                                  by the surface management agency                        received in response to this solicitation,            Oanh Tran,
                                                  (concurrence is not a ‘‘decision’’ subject              including names and addresses of those                Director of Board Operations.
                                                  to Forest Service objection process).                   who comment, will be part of the public               [FR Doc. 2016–03880 Filed 2–19–16; 4:15 pm]
                                                                                                          record for this proposed action.                      BILLING CODE 8610–01–P
                                                  OSM                                                     Comments submitted anonymously will
                                                     Office of Surface Mining Reclamation                 be accepted and considered, however.
                                                  Enforcement (OSM) is a cooperating                        Dated: February 12, 2016.
                                                  agency in preparing this EIS. If the                    Scott G. Armentrout,                                  DEPARTMENT OF COMMERCE
                                                  leases are modified, OSM will                           Forest Supervisor.
                                                  determine if there is a need for a federal                                                                    Foreign-Trade Zones Board
                                                                                                          [FR Doc. 2016–03734 Filed 2–22–16; 8:45 am]
                                                  mining plan modification at the time the
                                                                                                          BILLING CODE 3410–11–P
                                                  actual permitting process is underway.                                                                        [B–68–2015]
                                                  If a federal mining plan modification is
                                                  needed, OSM would be responsible to                                                                           Foreign-Trade Zone (FTZ) 102—St.
                                                  recommend that the DOI Assistant                        BROADCASTING BOARD OF                                 Louis, Missouri; Authorization of
                                                  Secretary for Lands and Minerals                        GOVERNORS                                             Production Activity; H–J Enterprises,
                                                  approve, approve with conditions, or                                                                          Inc./H–J International, Inc. (Electrical
                                                  not approve the modification.                           Government in the Sunshine Act                        Transformer Bushing Assemblies),
                                                                                                          Meeting Notice                                        High Ridge, Missouri
                                                  DRMS
                                                     In Colorado, the Division of                         DATE AND TIME:  Friday, February 26,                    On October 20, 2015, the St. Louis
                                                  Reclamation Mining and Safety (DRMS)                    2016, 11:00 a.m.–1:30 p.m. EST.                       County Port Authority, grantee of FTZ
                                                  operates under an OSM-approved                          PLACE: Cohen Building, Room 3321,                     102, submitted a notification of
                                                  program for administering coal mining                   330 Independence Ave. SW.,                            proposed production activity to the FTZ
                                                  operations in the state, as codified by                 Washington, DC 20237.                                 Board on behalf of H–J Enterprises, Inc./
                                                  the Colorado Surface Coal Mining                        SUBJECT: Notice of Meeting of the                     H–J International, Inc. (H–J), within FTZ
                                                  Reclamation Act (CRS 34–33–101) and                     Broadcasting Board of Governors.                      102, in High Ridge, Missouri.
                                                  attendant regulations which are                         SUMMARY: The Broadcasting Board of                      The notification was processed in
                                                  consistent with the overarching federal                 Governors (Board) will be meeting at the              accordance with the regulations of the
                                                  regulations (30 CFR part 906, Appendix                  time and location listed above. The                   FTZ Board (15 CFR part 400), including
                                                  B). Any applications submitted to the                   Board will vote on a consent agenda                   notice in the Federal Register inviting
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                                                  State of Colorado to revise the state                   consisting of the minutes of its                      public comment (80 FR 66489, October
                                                  mining and reclamation permit,                          December 16, 2015 meeting, a resolution               29, 2015). The FTZ Board has
                                                  including applications to allow mining                  honoring Voice of America’s (VOA)                     determined that no further review of the
                                                  and its related surface disturbances,                   stringer Almigdad Mojalli, and a                      activity is warranted at this time. The
                                                  reclamation, and the changing of the                    resolution honoring the 30th                          production activity described in the
                                                  approved mine permit boundary to                        anniversary of VOA’s Creole Service.                  notification is authorized, subject to the
                                                  include the modification area, would be                 The Board will receive a report from the              FTZ Act and the Board’s regulations,
                                                  reviewed by the DRMS.                                   Chief Executive Officer and Director of               including Section 400.14.


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Document Created: 2018-02-02 14:33:42
Document Modified: 2018-02-02 14:33:42
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 intent to prepare a supplemental environmental impact statement.
DatesPublic comments for this project were received April-May, 2010 during the preparation of an EA for the lease modifications, April-May, 2012 on the Notice of Intent to prepare a Draft EIS, June-July, 2012 on the Draft EIS and April-May, 2013 on BLM's Sunset Trail Area Coal Exploration Plan Environmental Assessment. Comments received during those periods will be also be considered in this analysis and those that were submitted in a timely manner during official comment periods also qualify for standing in future Forest Service objection opportunities (36 CFR 218 Subparts A & B) and BLM appeal periods. These comments have contributed to the issue analysis and alternative development. Additionally, the agency will continue to accept public comments throughout the preparation of the Supplemental Draft EIS, which is estimated to be released in spring 2016 with an additional formal comment period following its release. The Supplemental Final EIS is expected in summer 2016; however, timing of Supplemental Final EIS is subject to reinstatement of the 2012 Colorado Roadless Rule exception for the North Fork Coal Mining Area, which is currently under separate analysis.
ContactNiccole Mortenson, 406-329-3163 or [email protected]
FR Citation81 FR 8899 

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