82_FR_14799 82 FR 14745 - Notice of Intent To Initiate Public Scoping and Prepare an Environmental Impact Statement for the San Juan Mine Deep Lease Extension Mining Plan Modification

82 FR 14745 - Notice of Intent To Initiate Public Scoping and Prepare an Environmental Impact Statement for the San Juan Mine Deep Lease Extension Mining Plan Modification

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

Federal Register Volume 82, Issue 54 (March 22, 2017)

Page Range14745-14747
FR Document2017-05645

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are notifying the public that we intend to prepare a draft environmental impact statement (EIS) to evaluate the impacts of alternatives relating to the San Juan Coal Company's proposed mining plan modification for the Deep Lease Extension (DLE). The EIS will analyze the direct, indirect, and cumulative impacts of the Company's DLE mining plan modification, Federal Coal Lease NM-99144, at the existing San Juan Mine. The EIS will also analyze the effects of coal combustion at the Public Service Company of New Mexico's San Juan Generating Station (SJGS or the Generating Station). OSMRE is soliciting public comments on the proposed Project, scope of the EIS, and the significant issues that should be analyzed in the EIS.

Federal Register, Volume 82 Issue 54 (Wednesday, March 22, 2017)
[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14745-14747]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05645]



[[Page 14745]]

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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1S SS08011000 SX064A000 178S180110; S2D2S SS08011000 SX064A00 
17XS501520]


Notice of Intent To Initiate Public Scoping and Prepare an 
Environmental Impact Statement for the San Juan Mine Deep Lease 
Extension Mining Plan Modification

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

ACTION: Notice of intent to initiate public scoping and prepare an 
Environmental Impact Statement (EIS).

-----------------------------------------------------------------------

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are notifying the public that we intend to prepare a draft 
environmental impact statement (EIS) to evaluate the impacts of 
alternatives relating to the San Juan Coal Company's proposed mining 
plan modification for the Deep Lease Extension (DLE). The EIS will 
analyze the direct, indirect, and cumulative impacts of the Company's 
DLE mining plan modification, Federal Coal Lease NM-99144, at the 
existing San Juan Mine. The EIS will also analyze the effects of coal 
combustion at the Public Service Company of New Mexico's San Juan 
Generating Station (SJGS or the Generating Station). OSMRE is 
soliciting public comments on the proposed Project, scope of the EIS, 
and the significant issues that should be analyzed in the EIS.

DATES: 
    Comments: We will accept comments received or postmarked on or 
before May 8, 2017. Any comments that we receive after the closing date 
may not be considered.
    Scoping Meetings: We will hold public scoping open houses at the 
following times and locations during the scoping period:
     Monday, April 10th from 5:00 p.m. to 8:00 p.m. at the 
Indian Pueblo Cultural Center at 2401 12th St. NW., Albuquerque, New 
Mexico.
     Tuesday, April 11th from 5:00 p.m. to 8:00 p.m. at the Ute 
Community Center at 785 Sunset Road, Towaoc, Colorado.
     Wednesday, April 12th, from 5:00 p.m. to 8:00 p.m. at the 
Shiprock High School approximately a half-mile west on US-64 from US-
491 in Shiprock, New Mexico.
     Thursday, April 13th, from 5:00 p.m. to 8:00 p.m. at the 
Farmington City Civic Center at 200 West Arrington St., Farmington, New 
Mexico.
     Friday, April 14th, from 4:00 p.m. to 7:00 p.m. at the 
Durango Community Recreation Center at 2700 Main Avenue, Durango, 
Colorado.
    At the scoping meetings, the public is encouraged to submit 
resource information, and identify topics to be considered in the 
development of the EIS. Written and oral comments will be accepted at 
each meeting.

ADDRESSES: 
    You may submit written comments by one of the following methods:
    Email--Comments should be sent to: [email protected].
     Mail/Courier--Written comments should be sent to:

Gretchen Pinkham, OSMRE
c/o Catalyst Environmental Solutions
P.O. Box 56539
Sherman Oaks, CA 91413

At the top of your written submission or in the subject line of your 
email message, please indicate that the comments are ``San Juan Mine 
EIS Comments.''
    We request that you send comments only by one of the methods 
described above.

FOR FURTHER INFORMATION CONTACT: For further information about the 
Project and/or to have your name added to the mailing list, contact: 
Gretchen Pinkham, OSMRE Project Manager, at 303-293-5088 or by email at 
[email protected]. Persons who use a telecommunications device for 
the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 
1-800-877-8339 to contact the above individual during normal business 
hours. The FIRS is available 24 hours a day, 7 days a week, to leave a 
message or question with the above individual. You will receive a reply 
to your message during normal business hours.

SUPPLEMENTARY INFORMATION:

I. Background on the Project
II. Mining Plan Modification for the DLE
III. Alternatives and Related Impacts under Consideration
IV. Public Comment Procedures

I. Background on the Project

    As established by the Mineral Leasing Act of 1920, the Surface 
Mining Control and Reclamation Act (SMCRA) of 1977, as amended (30 
U.S.C. 1201-1328), and the Cooperative agreement between the State of 
NM and the DOI Secretary in accordance with Section 523(c) of SMCRA, 
and 30 U.S.C. 1273(c), the Company's Permit Application Package (PAP) 
must be reviewed and approved before the Company may conduct 
underground mining and reclamation operations to develop the DLE 
Federal Coal Lease NM-99144. The NM Mining and Minerals Division (NM 
MMD) is the regulatory authority responsible for reviewing and 
approving PAPs, and OSMRE is responsible for the oversight of the NM 
MMD coal program. OSMRE is also responsible for making recommendations 
to the Assistant Secretary for Land and Minerals Management (ASLM) 
regarding decisions on proposed mining plan modifications for federally 
leased coal (30 CFR 476.13). The NM MMD approved the PAP for the DLE on 
October 22, 1999. OSMRE submitted a mining plan decision document to 
the ASLM which was approved by the ASLM on January 17, 2008, which 
included a Finding of No Significant Impact signed by OSMRE in 2007 and 
the Bureau of Land Management's (BLM) 1998 decision record on the 
amendment to the 1988 Farmington Resource Management Plan to include 
the Federal Coal Lease NM-99144 for the San Juan Mine's DLE.
    Pursuant to the National Environmental Policy Act (NEPA) of 1969, 
as amended, 42 United States Code (U.S.C.) 4231-4347; the Council on 
Environmental Quality's (CEQ) regulations for implementing NEPA, 40 
Code of Federal Regulations (CFR) parts 1500 through 1508; and the 
Department of the Interior's (DOI) NEPA regulations, 43 CFR part 46, 
we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), 
are notifying the public that we intend to prepare a draft 
environmental impact statement (EIS) to evaluate the impacts of 
alternatives relating to the San Juan Coal Company's proposed mining 
plan modification for the Deep Lease Extension (DLE). Preparation of 
the EIS will be completed pursuant to the court-approved Voluntary 
Remand, as approved by the United States District Court for the 
District of NM on August 31, 2016, in the case entitled WildEarth 
Guardians v. U.S. Office of Surface Mining et al., Case 1:14-cv-00112-
RJ-CG (D. NM 2016). As part of the court-approved Voluntary Remand, 
OSMRE agreed to prepare an EIS and Mining Plan Decision Document within 
three years for the San Juan Mine's mining activity within Federal Coal 
Lease NM-99144, the DLE, beginning in 2008 and continuing through the 
life of reserves for the DLE. The San Juan Mine currently delivers 
approximately 6 million tons per year (tpy) of coal from the DLE and 
other approved mining areas to the Generating Station and will continue 
delivering at that rate through 2017. It is anticipated that 
approximately 3 million tpy of coal from the DLE and other approved 
mining areas would be delivered to the

[[Page 14746]]

Generating Station post-2017. Mining activities within the DLE have 
been ongoing since OSMRE approval in 2008, and continue presently. Per 
the Voluntary Remand, mining operations within the DLE are allowed to 
proceed during the development of the EIS.
    The above-referenced court order stipulates that the Secretary's 
approval of the 2008 mining plan modification for the DLE would be 
vacated if OSMRE does not complete the EIS process and issue a decision 
by August 31, 2019, absent a court order for good cause shown. As a 
result, OSMRE has identified a need to re-evaluate its previous mining 
plan modification recommendation for this area based, in part, on (1) 
the PAP submitted to OSMRE and NM MMD, and (2) new information 
regarding potentially affected resources available since the 2008 MPDD 
approval.
    The underground operations at San Juan Mine use longwall mining 
methods consisting of one longwall miner and continuous miner in the 
development portion of the Mine. Underground mining occurs within 
multiple state and federal lease areas at the San Juan Mine; these are 
generally referred to as the Deep Lease and DLE Areas. Since 
authorization in 2008, the Company has mined approximately 18 million 
tons of coal in the DLE. The mine currently employs approximately 360 
people. The approved NM MMD permit area would not increase from its 
present approximate size of 17,726 acres. A total of approximately 
15,404 acres of federally owned coal remains within the current San 
Juan Mine permit area, approximately 4,484 acres of which is within the 
DLE. The 2008 mining plan modification would not increase any acres of 
federal surface lands or any acres of federal coal to the approved 
permit area, but would authorize the recovery of approximately 36.6 
million tons of federal coal from 4,484 acres of federal coal from the 
DLE. The remaining coal reserves in the DLE and other approved mining 
areas will allow the mine to continue operating at the anticipated 
mining rates until approximately 2033. The post-mining land use remains 
grazing and wildlife habitat.
    The Bureau of Land Management (BLM); U.S. Fish and Wildlife Service 
(USFWS), and NM MMD will cooperate with OSMRE in the preparation of the 
EIS. Additional Cooperating Agencies may be identified during the 
scooping process.
    OSMRE will also consult the New Mexico State Historic Preservation 
Officer in compliance with Section 106 of the National Historic 
Preservation Act (NHPA) of 1966, as amended (54 U.S.C. 300101-307108), 
as provided for in 36 CFR 800.2(d)(3) concurrently with the NEPA 
process, including the public involvement requirements. Native American 
tribal consultations will be conducted in accordance with DOI policy. 
Federal, Tribal, State and local agencies, along with other 
stakeholders that may be interested in or affected by OSMRE's decision 
on the Project, are invited to participate in the scoping process and, 
if eligible, may request or be requested by OSMRE to participate as a 
cooperating agency.
    As part of its consideration of impacts of the Project on 
threatened and endangered species, OSMRE will consult the USFWS 
pursuant to Section 7 of the Endangered Species Act (ESA) of 1973, as 
amended (16 U.S.C. 1531 et seq.) and its implementing regulations. The 
consultation will consider direct and indirect impacts from the 
proposed Project, including Project related coal combustion emissions 
generated by SJGS from the combustion of DLE coal.
    In addition to compliance with NEPA, NHPA Section 106, and ESA 
Section 7, all federal actions will be in compliance with applicable 
requirements of the SMCRA; the CWA, 33 U.S.C. 1251-1387; the Clean Air 
Act of 1970, as amended, 42 U.S.C. 7401-7671q; the Native American 
Graves Protection and Repatriation Act of 1990, as amended, 25 U.S.C. 
3001-3013; and Executive Orders relating to Environmental Justice, 
Sacred Sites, and Tribal Consultation, and other applicable laws and 
regulations.

II. Mining Plan Modification for the DLE

    The Company's mining plan modification provides for continued 
development of the DLE, Federal Coal Lease NM-99144, within the San 
Juan Mine permit area. Due to the retirement of coal fired Units 2 and 
3 at the Generating Station, the annual production rate of the DLE 
would be reduced from the current annual production rate of 4-6 million 
tons to an annual production rate of 2-3 million tons for approximately 
10-15 years beginning in 2017. The Generating Station, located 
approximately 4 miles northeast of Waterflow and 15 miles west of 
Farmington, NM, is operated by Public Service Company of New Mexico on 
its own behalf and on behalf of eight other owners. The Generating 
Station currently operates four coal-fired units which generate 1800 
megawatts and provide power to Arizona, NM, Utah, and California. 
However, Units 2 and 3 will be retired by December 31, 2017. The 
Generating Station's Units 1 and 4 would remain operational, generating 
approximately 910 megawatts burning approximately 3 million tons of 
coal per year. Federal Coal Lease NM-99144 encompasses 4,483.88 acres 
and includes:
Township 30, North, Range 14 West, NMPM
    Section 17: All;
    Section 18: All;
    Section 19: All;
    Section 20: All;
    Section 29: All;
    Section 30: All;
    Section 31: Lot 1 (41.70 acres), Lot 2 (41.21 acres), Lot 3 (40.73 
acres), Lot 4 (40.24 acres), N\1/2\, N\1/2\S\1/2\

    Upon completion of the EIS and issuance of the Record of Decision, 
OSMRE will submit a mining plan decision document to the ASLM to 
recommend approval, disapproval, or approval with conditions of the 
proposed mining plan modification for the continuation or cessation of 
the San Juan Mine to mine the DLE within Federal Coal Lease NM-99144 
within the three year period required under the Voluntary Remand. The 
ASLM will decide whether the mining plan modification is approved, 
disapproved, or approved with conditions.

III. Alternatives and Related Impacts Under Consideration

    The analysis in the EIS will address direct, indirect, and 
cumulative impacts of the Proposed Action and Alternatives. Since the 
NOI must be published prior to the scoping process, in compliance with 
40 CFR 1501.7, OSMRE may need to modify the Proposed Action and 
Alternatives from those presented in this NOI based on issues raised 
during scoping. The scoping process provides, among other things, the 
opportunity for interested parties to identify issues and propose 
alternative actions. As explained in the DOI regulations for 
implementing NEPA, the input received during scoping efforts is 
important to help define the issues for consideration. However, 
suggestions obtained during scoping are not binding but are only 
important options for the lead agency to consider (43 CFR 46.235(b)).
    Alternatives for the Project that are currently under consideration 
include:
    (a) Proposed Action Alternative--The DLE as proposed and approved 
in the PAP and the 2008 Mining Plan Decision Document.
    (b) Alternate Mining Technique, room and pillar and retreat 
mining--An alternative mining technique alternative would utilize room 
and pillar and retreat mining methods instead of the current longwall 
mining technique

[[Page 14747]]

being utilized in the DLE. This alternative would be analyzed as a 
variation to the Proposed Action and Current Mining Activity 
Alternatives.
    (c) No Action Alternative--as described above, the court-approved 
Voluntary Remand will vacate the 2008 mining plan modification for the 
DLE if the EIS and Mining Plan Decision Document are not complete 
within three years, by August 31, 2019. Therefore, in this instance, 
the No Action Alternative is to continue with the present course of 
action (mining) until that action is changed (through vacatur of the 
mining plan approval). Implementation of the no action alternative 
would result in the discontinuation of mining activities at San Juan 
Mine and the final closure and reclamation activities at the Mine. As a 
consequence of Mine shutdown, the Generating Station would likely cease 
operations after any stockpiled coal is used. Considering mining 
activities in the DLE have been ongoing since 2008 and will continue 
throughout the NEPA process, the baseline conditions for the No Action 
Alternative will reflect the conditions present in August 2019, when 
the ASLM has made a decision on the mining plan modification based on 
OSMRE's recommendation in the mine plan decision document.
    (d) Any environmentally preferable alternatives that may be 
identified in accordance with 40 CFR part 1500 and 43 CFR part 46.
    The purpose of the public scoping process is to determine relevant 
issues that could influence the scope of the environmental analysis, 
including alternatives, and guide the process for developing the EIS 
and related compliance efforts. The final range of reasonable 
alternatives to be considered will be determined based, in part, on the 
issues raised during the scoping process.
    At present, OSMRE has identified the following preliminary issues 
and potential impacts:
     Federally listed threatened and endangered species, 
including but not limited to the Razorback sucker (Xyrauchen texanus), 
Colorado pikeminnow (Ptychochelius lucius), and Southwestern Willow 
Flycatcher (Empidonax traillii extimus);
     Air quality and climate change;
     Surface and ground water resources (including potential 
wetlands and floodplains);
     Environmental Justice considerations;
     Cultural and historic resources;
     Biological resources (including wildlife, fish, and 
vegetation);
     Visual resources;
     Public health and safety;
     Land use and recreational resources;
     Transportation and access;
     Socioeconomics; and
     Noise and vibration.

IV. Public Comment Procedures

    In accordance with the CEQ's regulations for implementing NEPA and 
the DOI's NEPA regulations, OSMRE solicits public comments on the scope 
of the EIS and significant issues that should be addressed in the EIS.
    Written comments, including email comments, should be sent to OSMRE 
at the addresses given in the ADDRESSES section of this Notice. 
Comments should be specific and pertain only to the issues relating to 
the Project and EIS. OSMRE will include all comments in the project 
record.
    If you would like to be placed on the mailing list to receive 
future information, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT, above. Navajo and Ute interpreters will be present 
at meetings on the Navajo and Ute Mountain Ute Reservations, 
respectively.

Scoping Meetings

    See DATES section above for the dates and times of the public 
scoping meetings. The primary purpose of the meetings and the public 
comment period is to provide the public with a general understanding of 
the background of the proposed action and to solicit suggestions and 
information on the scope of issues and alternatives we should consider 
when preparing the DEIS. Written and oral comments will be accepted at 
the meetings. Comments can also be submitted by the methods listed in 
the ADDRESSES section. Once the DEIS is complete and made available for 
review, there will be additional opportunity for public comment.
    Persons needing reasonable accommodations in order to attend and 
participate in the public scoping meetings should contact the person 
listed under the FOR FURTHER INFORMATION CONTACT section at as soon as 
possible. In order to allow sufficient time to process requests, please 
make contact no later than one week before the public meeting. Navajo 
and Ute interpreters will be present at meetings held on the Navajo and 
Ute Mountain Ute Reservations, respectively.

Availability of Comments

    OSMRE will make comments, including name of respondent, address, 
phone number, email address, or other personal identifying information, 
available for public review during normal business hours. Comments 
submitted anonymously will be accepted and considered; however, those 
who submit anonymous comments may not have standing to appeal the 
subsequent decision.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--will be publicly available. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so.
    All submissions from organizations or businesses and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses will be available for public review to the 
extent consistent with applicable law.

    Dated: February 28, 2017.
David Berry,
Regional Director, Western Region.
[FR Doc. 2017-05645 Filed 3-21-17; 8:45 am]
 BILLING CODE 4310-05-P



                                                                                Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices                                            14745

                                                    DEPARTMENT OF THE INTERIOR                                • Friday, April 14th, from 4:00 p.m.                and Minerals Division (NM MMD) is the
                                                                                                            to 7:00 p.m. at the Durango Community                 regulatory authority responsible for
                                                    Office of Surface Mining Reclamation                    Recreation Center at 2700 Main Avenue,                reviewing and approving PAPs, and
                                                    and Enforcement                                         Durango, Colorado.                                    OSMRE is responsible for the oversight
                                                    [S1D1S SS08011000 SX064A000
                                                                                                              At the scoping meetings, the public is              of the NM MMD coal program. OSMRE
                                                    178S180110; S2D2S SS08011000 SX064A00                   encouraged to submit resource                         is also responsible for making
                                                    17XS501520]                                             information, and identify topics to be                recommendations to the Assistant
                                                                                                            considered in the development of the                  Secretary for Land and Minerals
                                                    Notice of Intent To Initiate Public                     EIS. Written and oral comments will be                Management (ASLM) regarding
                                                    Scoping and Prepare an Environmental                    accepted at each meeting.                             decisions on proposed mining plan
                                                    Impact Statement for the San Juan                       ADDRESSES:                                            modifications for federally leased coal
                                                    Mine Deep Lease Extension Mining                          You may submit written comments by                  (30 CFR 476.13). The NM MMD
                                                    Plan Modification                                       one of the following methods:                         approved the PAP for the DLE on
                                                                                                              Email—Comments should be sent to:                   October 22, 1999. OSMRE submitted a
                                                    AGENCY:  Office of Surface Mining                       osm-nepa-nm@osmre.gov.                                mining plan decision document to the
                                                    Reclamation and Enforcement, Interior.                    • Mail/Courier—Written comments                     ASLM which was approved by the
                                                    ACTION: Notice of intent to initiate                    should be sent to:                                    ASLM on January 17, 2008, which
                                                    public scoping and prepare an                                                                                 included a Finding of No Significant
                                                                                                            Gretchen Pinkham, OSMRE
                                                    Environmental Impact Statement (EIS).                   c/o Catalyst Environmental Solutions                  Impact signed by OSMRE in 2007 and
                                                                                                            P.O. Box 56539                                        the Bureau of Land Management’s
                                                    SUMMARY:   We, the Office of Surface
                                                                                                            Sherman Oaks, CA 91413                                (BLM) 1998 decision record on the
                                                    Mining Reclamation and Enforcement
                                                    (OSMRE), are notifying the public that                  At the top of your written submission or              amendment to the 1988 Farmington
                                                    we intend to prepare a draft                            in the subject line of your email                     Resource Management Plan to include
                                                    environmental impact statement (EIS) to                 message, please indicate that the                     the Federal Coal Lease NM–99144 for
                                                    evaluate the impacts of alternatives                    comments are ‘‘San Juan Mine EIS                      the San Juan Mine’s DLE.
                                                    relating to the San Juan Coal Company’s                 Comments.’’                                              Pursuant to the National
                                                    proposed mining plan modification for                      We request that you send comments                  Environmental Policy Act (NEPA) of
                                                    the Deep Lease Extension (DLE). The                     only by one of the methods described                  1969, as amended, 42 United States
                                                    EIS will analyze the direct, indirect, and              above.                                                Code (U.S.C.) 4231–4347; the Council
                                                    cumulative impacts of the Company’s                     FOR FURTHER INFORMATION CONTACT: For                  on Environmental Quality’s (CEQ)
                                                    DLE mining plan modification, Federal                   further information about the Project                 regulations for implementing NEPA, 40
                                                    Coal Lease NM–99144, at the existing                    and/or to have your name added to the                 Code of Federal Regulations (CFR) parts
                                                    San Juan Mine. The EIS will also                        mailing list, contact: Gretchen Pinkham,              1500 through 1508; and the Department
                                                    analyze the effects of coal combustion at               OSMRE Project Manager, at 303–293–                    of the Interior’s (DOI) NEPA regulations,
                                                    the Public Service Company of New                       5088 or by email at osm-nepa-nm@                      43 CFR part 46, we, the Office of Surface
                                                    Mexico’s San Juan Generating Station                    osmre.gov. Persons who use a                          Mining Reclamation and Enforcement
                                                    (SJGS or the Generating Station).                       telecommunications device for the deaf                (OSMRE), are notifying the public that
                                                    OSMRE is soliciting public comments                     (TDD) may call the Federal Information                we intend to prepare a draft
                                                    on the proposed Project, scope of the                   Relay Service (FIRS) at 1–800–877–8339                environmental impact statement (EIS) to
                                                    EIS, and the significant issues that                    to contact the above individual during                evaluate the impacts of alternatives
                                                    should be analyzed in the EIS.                          normal business hours. The FIRS is                    relating to the San Juan Coal Company’s
                                                    DATES:                                                  available 24 hours a day, 7 days a week,              proposed mining plan modification for
                                                      Comments: We will accept comments                     to leave a message or question with the               the Deep Lease Extension (DLE).
                                                    received or postmarked on or before                     above individual. You will receive a                  Preparation of the EIS will be completed
                                                    May 8, 2017. Any comments that we                       reply to your message during normal                   pursuant to the court-approved
                                                    receive after the closing date may not be               business hours.                                       Voluntary Remand, as approved by the
                                                    considered.                                             SUPPLEMENTARY INFORMATION:                            United States District Court for the
                                                      Scoping Meetings: We will hold                                                                              District of NM on August 31, 2016, in
                                                                                                            I. Background on the Project
                                                    public scoping open houses at the                                                                             the case entitled WildEarth Guardians v.
                                                                                                            II. Mining Plan Modification for the DLE
                                                    following times and locations during the                III. Alternatives and Related Impacts under           U.S. Office of Surface Mining et al., Case
                                                    scoping period:                                               Consideration                                   1:14-cv-00112–RJ–CG (D. NM 2016). As
                                                      • Monday, April 10th from 5:00 p.m.                   IV. Public Comment Procedures                         part of the court-approved Voluntary
                                                    to 8:00 p.m. at the Indian Pueblo                                                                             Remand, OSMRE agreed to prepare an
                                                    Cultural Center at 2401 12th St. NW.,                   I. Background on the Project                          EIS and Mining Plan Decision
                                                    Albuquerque, New Mexico.                                   As established by the Mineral Leasing              Document within three years for the San
                                                      • Tuesday, April 11th from 5:00 p.m.                  Act of 1920, the Surface Mining Control               Juan Mine’s mining activity within
                                                    to 8:00 p.m. at the Ute Community                       and Reclamation Act (SMCRA) of 1977,                  Federal Coal Lease NM–99144, the DLE,
                                                    Center at 785 Sunset Road, Towaoc,                      as amended (30 U.S.C. 1201–1328), and                 beginning in 2008 and continuing
                                                    Colorado.                                               the Cooperative agreement between the                 through the life of reserves for the DLE.
                                                      • Wednesday, April 12th, from 5:00                    State of NM and the DOI Secretary in                  The San Juan Mine currently delivers
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    p.m. to 8:00 p.m. at the Shiprock High                  accordance with Section 523(c) of                     approximately 6 million tons per year
                                                    School approximately a half-mile west                   SMCRA, and 30 U.S.C. 1273(c), the                     (tpy) of coal from the DLE and other
                                                    on US–64 from US–491 in Shiprock,                       Company’s Permit Application Package                  approved mining areas to the Generating
                                                    New Mexico.                                             (PAP) must be reviewed and approved                   Station and will continue delivering at
                                                      • Thursday, April 13th, from 5:00                     before the Company may conduct                        that rate through 2017. It is anticipated
                                                    p.m. to 8:00 p.m. at the Farmington City                underground mining and reclamation                    that approximately 3 million tpy of coal
                                                    Civic Center at 200 West Arrington St.,                 operations to develop the DLE Federal                 from the DLE and other approved
                                                    Farmington, New Mexico.                                 Coal Lease NM–99144. The NM Mining                    mining areas would be delivered to the


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                                                    14746                       Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices

                                                    Generating Station post-2017. Mining                    (NHPA) of 1966, as amended (54 U.S.C.                 would remain operational, generating
                                                    activities within the DLE have been                     300101–307108), as provided for in 36                 approximately 910 megawatts burning
                                                    ongoing since OSMRE approval in 2008,                   CFR 800.2(d)(3) concurrently with the                 approximately 3 million tons of coal per
                                                    and continue presently. Per the                         NEPA process, including the public                    year. Federal Coal Lease NM–99144
                                                    Voluntary Remand, mining operations                     involvement requirements. Native                      encompasses 4,483.88 acres and
                                                    within the DLE are allowed to proceed                   American tribal consultations will be                 includes:
                                                    during the development of the EIS.                      conducted in accordance with DOI                      Township 30, North, Range 14 West,
                                                       The above-referenced court order                     policy. Federal, Tribal, State and local              NMPM
                                                    stipulates that the Secretary’s approval                agencies, along with other stakeholders                  Section 17: All;
                                                    of the 2008 mining plan modification                    that may be interested in or affected by                 Section 18: All;
                                                    for the DLE would be vacated if OSMRE                   OSMRE’s decision on the Project, are                     Section 19: All;
                                                    does not complete the EIS process and                   invited to participate in the scoping                    Section 20: All;
                                                    issue a decision by August 31, 2019,                    process and, if eligible, may request or                 Section 29: All;
                                                    absent a court order for good cause                     be requested by OSMRE to participate as                  Section 30: All;
                                                    shown. As a result, OSMRE has                           a cooperating agency.                                    Section 31: Lot 1 (41.70 acres), Lot 2
                                                    identified a need to re-evaluate its                       As part of its consideration of impacts                 (41.21 acres), Lot 3 (40.73 acres),
                                                    previous mining plan modification                       of the Project on threatened and                           Lot 4 (40.24 acres), N1⁄2, N1⁄2S1⁄2
                                                    recommendation for this area based, in                  endangered species, OSMRE will                           Upon completion of the EIS and
                                                    part, on (1) the PAP submitted to                       consult the USFWS pursuant to Section                 issuance of the Record of Decision,
                                                    OSMRE and NM MMD, and (2) new                           7 of the Endangered Species Act (ESA)                 OSMRE will submit a mining plan
                                                    information regarding potentially                       of 1973, as amended (16 U.S.C. 1531 et                decision document to the ASLM to
                                                    affected resources available since the                  seq.) and its implementing regulations.               recommend approval, disapproval, or
                                                    2008 MPDD approval.                                     The consultation will consider direct                 approval with conditions of the
                                                       The underground operations at San                    and indirect impacts from the proposed                proposed mining plan modification for
                                                    Juan Mine use longwall mining methods                   Project, including Project related coal               the continuation or cessation of the San
                                                    consisting of one longwall miner and                    combustion emissions generated by                     Juan Mine to mine the DLE within
                                                    continuous miner in the development                     SJGS from the combustion of DLE coal.                 Federal Coal Lease NM–99144 within
                                                    portion of the Mine. Underground                           In addition to compliance with NEPA,               the three year period required under the
                                                    mining occurs within multiple state and                 NHPA Section 106, and ESA Section 7,                  Voluntary Remand. The ASLM will
                                                    federal lease areas at the San Juan Mine;               all federal actions will be in compliance             decide whether the mining plan
                                                    these are generally referred to as the                  with applicable requirements of the                   modification is approved, disapproved,
                                                    Deep Lease and DLE Areas. Since                         SMCRA; the CWA, 33 U.S.C. 1251–                       or approved with conditions.
                                                    authorization in 2008, the Company has                  1387; the Clean Air Act of 1970, as
                                                                                                                                                                  III. Alternatives and Related Impacts
                                                    mined approximately 18 million tons of                  amended, 42 U.S.C. 7401–7671q; the
                                                                                                            Native American Graves Protection and                 Under Consideration
                                                    coal in the DLE. The mine currently
                                                    employs approximately 360 people. The                   Repatriation Act of 1990, as amended,                    The analysis in the EIS will address
                                                    approved NM MMD permit area would                       25 U.S.C. 3001–3013; and Executive                    direct, indirect, and cumulative impacts
                                                    not increase from its present                           Orders relating to Environmental                      of the Proposed Action and
                                                    approximate size of 17,726 acres. A total               Justice, Sacred Sites, and Tribal                     Alternatives. Since the NOI must be
                                                    of approximately 15,404 acres of                        Consultation, and other applicable laws               published prior to the scoping process,
                                                    federally owned coal remains within the                 and regulations.                                      in compliance with 40 CFR 1501.7,
                                                    current San Juan Mine permit area,                                                                            OSMRE may need to modify the
                                                                                                            II. Mining Plan Modification for the
                                                    approximately 4,484 acres of which is                                                                         Proposed Action and Alternatives from
                                                                                                            DLE
                                                    within the DLE. The 2008 mining plan                                                                          those presented in this NOI based on
                                                    modification would not increase any                        The Company’s mining plan                          issues raised during scoping. The
                                                    acres of federal surface lands or any                   modification provides for continued                   scoping process provides, among other
                                                    acres of federal coal to the approved                   development of the DLE, Federal Coal                  things, the opportunity for interested
                                                    permit area, but would authorize the                    Lease NM–99144, within the San Juan                   parties to identify issues and propose
                                                    recovery of approximately 36.6 million                  Mine permit area. Due to the retirement               alternative actions. As explained in the
                                                    tons of federal coal from 4,484 acres of                of coal fired Units 2 and 3 at the                    DOI regulations for implementing
                                                    federal coal from the DLE. The                          Generating Station, the annual                        NEPA, the input received during
                                                    remaining coal reserves in the DLE and                  production rate of the DLE would be                   scoping efforts is important to help
                                                    other approved mining areas will allow                  reduced from the current annual                       define the issues for consideration.
                                                    the mine to continue operating at the                   production rate of 4–6 million tons to an             However, suggestions obtained during
                                                    anticipated mining rates until                          annual production rate of 2–3 million                 scoping are not binding but are only
                                                    approximately 2033. The post-mining                     tons for approximately 10–15 years                    important options for the lead agency to
                                                    land use remains grazing and wildlife                   beginning in 2017. The Generating                     consider (43 CFR 46.235(b)).
                                                    habitat.                                                Station, located approximately 4 miles                   Alternatives for the Project that are
                                                       The Bureau of Land Management                        northeast of Waterflow and 15 miles                   currently under consideration include:
                                                    (BLM); U.S. Fish and Wildlife Service                   west of Farmington, NM, is operated by                   (a) Proposed Action Alternative—The
                                                    (USFWS), and NM MMD will cooperate                      Public Service Company of New Mexico                  DLE as proposed and approved in the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    with OSMRE in the preparation of the                    on its own behalf and on behalf of eight              PAP and the 2008 Mining Plan Decision
                                                    EIS. Additional Cooperating Agencies                    other owners. The Generating Station                  Document.
                                                    may be identified during the scooping                   currently operates four coal-fired units                 (b) Alternate Mining Technique, room
                                                    process.                                                which generate 1800 megawatts and                     and pillar and retreat mining—An
                                                       OSMRE will also consult the New                      provide power to Arizona, NM, Utah,                   alternative mining technique alternative
                                                    Mexico State Historic Preservation                      and California. However, Units 2 and 3                would utilize room and pillar and
                                                    Officer in compliance with Section 106                  will be retired by December 31, 2017.                 retreat mining methods instead of the
                                                    of the National Historic Preservation Act               The Generating Station’s Units 1 and 4                current longwall mining technique


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                                                                                Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices                                                  14747

                                                    being utilized in the DLE. This                           • Visual resources;                                 phone number, email address, or other
                                                    alternative would be analyzed as a                        • Public health and safety;                         personal identifying information,
                                                    variation to the Proposed Action and                      • Land use and recreational                         available for public review during
                                                    Current Mining Activity Alternatives.                   resources;                                            normal business hours. Comments
                                                       (c) No Action Alternative—as                           • Transportation and access;                        submitted anonymously will be
                                                    described above, the court-approved                       • Socioeconomics; and                               accepted and considered; however,
                                                    Voluntary Remand will vacate the 2008                     • Noise and vibration.                              those who submit anonymous
                                                    mining plan modification for the DLE if                 IV. Public Comment Procedures                         comments may not have standing to
                                                    the EIS and Mining Plan Decision                                                                              appeal the subsequent decision.
                                                    Document are not complete within three                     In accordance with the CEQ’s
                                                                                                            regulations for implementing NEPA and                   Before including your address, phone
                                                    years, by August 31, 2019. Therefore, in
                                                                                                            the DOI’s NEPA regulations, OSMRE                     number, email address, or other
                                                    this instance, the No Action Alternative
                                                                                                            solicits public comments on the scope                 personal identifying information in your
                                                    is to continue with the present course of
                                                                                                            of the EIS and significant issues that                comment, you should be aware that
                                                    action (mining) until that action is
                                                    changed (through vacatur of the mining                  should be addressed in the EIS.                       your entire comment—including your
                                                    plan approval). Implementation of the                      Written comments, including email                  personal identifying information—will
                                                    no action alternative would result in the               comments, should be sent to OSMRE at                  be publicly available. While you can ask
                                                    discontinuation of mining activities at                 the addresses given in the ADDRESSES                  us in your comment to withhold your
                                                    San Juan Mine and the final closure and                 section of this Notice. Comments should               personal identifying information from
                                                    reclamation activities at the Mine. As a                be specific and pertain only to the                   public review, we cannot guarantee that
                                                    consequence of Mine shutdown, the                       issues relating to the Project and EIS.               we will be able to do so.
                                                    Generating Station would likely cease                   OSMRE will include all comments in                      All submissions from organizations or
                                                    operations after any stockpiled coal is                 the project record.                                   businesses and from individuals
                                                    used. Considering mining activities in                     If you would like to be placed on the              identifying themselves as
                                                    the DLE have been ongoing since 2008                    mailing list to receive future                        representatives or officials of
                                                    and will continue throughout the NEPA                   information, please contact the person                organizations or businesses will be
                                                    process, the baseline conditions for the                listed under FOR FURTHER INFORMATION                  available for public review to the extent
                                                    No Action Alternative will reflect the                  CONTACT, above. Navajo and Ute
                                                                                                                                                                  consistent with applicable law.
                                                    conditions present in August 2019,                      interpreters will be present at meetings
                                                                                                            on the Navajo and Ute Mountain Ute                      Dated: February 28, 2017.
                                                    when the ASLM has made a decision on
                                                    the mining plan modification based on                   Reservations, respectively.                           David Berry,
                                                    OSMRE’s recommendation in the mine                      Scoping Meetings                                      Regional Director, Western Region.
                                                    plan decision document.                                                                                       [FR Doc. 2017–05645 Filed 3–21–17; 8:45 am]
                                                       (d) Any environmentally preferable                      See DATES section above for the dates
                                                                                                                                                                  BILLING CODE 4310–05–P
                                                    alternatives that may be identified in                  and times of the public scoping
                                                    accordance with 40 CFR part 1500 and                    meetings. The primary purpose of the
                                                    43 CFR part 46.                                         meetings and the public comment
                                                                                                            period is to provide the public with a
                                                       The purpose of the public scoping                                                                          INTERNATIONAL TRADE
                                                                                                            general understanding of the
                                                    process is to determine relevant issues                                                                       COMMISSION
                                                                                                            background of the proposed action and
                                                    that could influence the scope of the
                                                                                                            to solicit suggestions and information
                                                    environmental analysis, including
                                                                                                            on the scope of issues and alternatives               [Investigation No. 332–561]
                                                    alternatives, and guide the process for
                                                                                                            we should consider when preparing the
                                                    developing the EIS and related
                                                                                                            DEIS. Written and oral comments will                  Global Digital Trade I: Market
                                                    compliance efforts. The final range of
                                                                                                            be accepted at the meetings. Comments                 Opportunities and Key Foreign Trade
                                                    reasonable alternatives to be considered
                                                                                                            can also be submitted by the methods                  Restrictions; Notice of Correction
                                                    will be determined based, in part, on the
                                                                                                            listed in the ADDRESSES section. Once                 Concerning Institution of Investigation
                                                    issues raised during the scoping
                                                                                                            the DEIS is complete and made                         and Scheduling of Hearing
                                                    process.
                                                                                                            available for review, there will be
                                                       At present, OSMRE has identified the                                                                       AGENCY:U.S. International Trade
                                                                                                            additional opportunity for public
                                                    following preliminary issues and
                                                                                                            comment.                                              Commission.
                                                    potential impacts:
                                                                                                               Persons needing reasonable
                                                       • Federally listed threatened and                    accommodations in order to attend and                 ACTION:   Correction of notice.
                                                    endangered species, including but not                   participate in the public scoping
                                                    limited to the Razorback sucker                         meetings should contact the person                    SUMMARY:   Correction is made to the
                                                    (Xyrauchen texanus), Colorado                           listed under the FOR FURTHER                          March 23, 2017 deadline for filing pre-
                                                    pikeminnow (Ptychochelius lucius), and                  INFORMATION CONTACT section at as soon                hearing briefs and statements in the
                                                    Southwestern Willow Flycatcher                          as possible. In order to allow sufficient             Dates section of the notice which was
                                                    (Empidonax traillii extimus);                           time to process requests, please make                 published on February 10, 2017 (82 FR
                                                       • Air quality and climate change;                    contact no later than one week before                 10397). The date of the deadline for
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       • Surface and ground water resources                 the public meeting. Navajo and Ute                    filing pre-hearing briefs and statements
                                                    (including potential wetlands and                       interpreters will be present at meetings              should be March 28, 2017.
                                                    floodplains);                                           held on the Navajo and Ute Mountain                     Issued: March 16, 2017.
                                                       • Environmental Justice                              Ute Reservations, respectively.
                                                    considerations;                                                                                               Lisa R. Barton,
                                                       • Cultural and historic resources;                   Availability of Comments                              Secretary to the Commission.
                                                       • Biological resources (including                      OSMRE will make comments,                           [FR Doc. 2017–05576 Filed 3–21–17; 8:45 am]
                                                    wildlife, fish, and vegetation);                        including name of respondent, address,                BILLING CODE 7020–02–P




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Document Created: 2017-03-22 03:58:24
Document Modified: 2017-03-22 03:58:24
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 initiate public scoping and prepare an Environmental Impact Statement (EIS).
DatesComments: We will accept comments received or postmarked on or before May 8, 2017. Any comments that we receive after the closing date may not be considered.
ContactFor further information about the Project and/or to have your name added to the mailing list, contact: Gretchen Pinkham, OSMRE Project Manager, at 303-293-5088 or by email at [email protected]re.gov. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply to your message during normal business hours.
FR Citation82 FR 14745 

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