83 FR 24339 - Notice of Availability for the San Juan Mine Deep Lease Extension Mining Plan Modification Draft Environmental Impact Statement

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

Federal Register Volume 83, Issue 102 (May 25, 2018)

In accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, the Office of Surface Mining Reclamation and Enforcement (OSMRE) has prepared a Draft Environmental Impact Statement (EIS) for the San Juan Coal Company's (SJCC) proposed Deep Lease Extension (DLE) at the existing San Juan Mine (Project) in San Juan County, New Mexico, and by this notice is announcing the opening of the comment period.

[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Notices]
[Pages 24339-24341]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11107]



[[Page 24339]]

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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1S SS08011000 SX064A000 189S180110; S2D2S SS08011000 SX064A00 
18XS501520]


Notice of Availability for the San Juan Mine Deep Lease Extension 
Mining Plan Modification Draft Environmental Impact Statement

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

ACTION: Notice of availability.

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SUMMARY: In accordance with the National Environmental Policy Act 
(NEPA) of 1969, as amended, the Office of Surface Mining Reclamation 
and Enforcement (OSMRE) has prepared a Draft Environmental Impact 
Statement (EIS) for the San Juan Coal Company's (SJCC) proposed Deep 
Lease Extension (DLE) at the existing San Juan Mine (Project) in San 
Juan County, New Mexico, and by this notice is announcing the opening 
of the comment period.

DATES: This Notice of Availability (NOA) initiates the public review 
period. To ensure consideration of your comments, OSMRE must receive 
your electronic or written comments by the close of the 45-day public 
comment period on July 9, 2018.
    OSMRE will host public comment meetings where written and/or verbal 
comments may be submitted. These meetings will be open-house style with 
information stations around the meeting room that provide overviews of 
the Project, NEPA process, analysis of resources/issues in the Draft 
EIS, and how to submit a comment. Subject matter experts will be 
present to discuss the key issues and answer your questions. There will 
be oral and written comment stations at the meetings where you can 
submit comments.
    The public comment meetings will be held at the following 
locations:
     On Monday, June 25th from 5:00 p.m. to 8:00 p.m. at the 
Indian Pueblo Cultural Center at 2401 12th St. NW, Albuquerque, New 
Mexico.
     On Tuesday, June 26th from 5:00 p.m. to 8:00 p.m. at the 
Farmington City Civic Center at 200 West Arrington St., Farmington, New 
Mexico.
     On Wednesday, June 27th from 5:00 p.m. to 8:00 p.m. at the 
Ute Community Center at 785 Sunset Blvd., Towaoc, Colorado.
     On Thursday, June 28th 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.
     On Friday, June 29th from 4:00 p.m. to 7:00 p.m. at the 
Durango Community Recreation Center at 2700 Main Avenue, Durango, 
Colorado.
    At a minimum of 15 days prior to each event, the foregoing times, 
dates, and specific locations for these meetings will be announced 
through email notifications, local newspapers, radio announcements, and 
the OSMRE Western Region (WR) website https://www.wrcc.osmre.gov/sanJuanMine.shtm.
    OSMRE WR offers the following accommodations for the meetings:
    1. Navajo and Ute interpreters will be present at meetings held on 
the Navajo and Southern Ute Reservations.
    2. For reasonable accommodations regarding disabilities that may 
impact your ability to attend or comment, contact Gretchen Pinkham, 
OSMRE Project Manager, at 303-293-5088 or by email at [email protected], at least one week before the meeting.

ADDRESSES: Comments on the Draft EIS may be submitted in paper form or 
by email. At the top of your letter or in the subject line of your 
email message, please indicate that the comments are ``San Juan Mine 
DLE EIS Comments.''
     Email--Comments should be sent to: [email protected]v.
     Mail/Courier--Written comments should be sent to: Office 
of Surface Mining Reclamation and Enforcement, c/o Catalyst 
Environmental Solutions, P.O. Box 56539, Sherman Oaks, CA 91413.
    You can download the Draft EIS at the following OSMRE WR website: 
https://www.wrcc.osmre.gov/sanJuanMine.shtm. Paper and electronic 
copies of the Draft EIS are available for review at the OSMRE Western 
Region Office, 1999 Broadway Street, Suite 3320, Denver, Colorado 
80202. In addition, a paper and electronic copy of the Draft EIS is 
available for review at each of the following locations:
     Bureau of Land Management (BLM) Farmington Field Office--
6251 College Blvd., Suite A, Farmington, NM, 87402. Between the hours 
of 9:00 a.m. and 4:00 p.m. Monday through Friday (Closed Saturday and 
Sunday).
     Navajo Nation Library--Highway 264 Loop Road, Window Rock, 
AZ 86515. Between the hours of 8:00 a.m. and 5:00 p.m. Monday through 
Saturday (Closed Sunday).
     Albuquerque Main Library--501 Copper Ave NW, Albuquerque, 
NM 87102. Between the hours of 10:00 a.m. and 6:00 p.m. Monday through 
Saturday (Closed Sunday).
     Cortez Public Library--202 N. Park Street, Cortez, CO 
81321. Between the hours of 9:00 a.m. and 7:00 p.m. Monday through 
Thursday; 9:00 a.m. and 4:00 p.m. Friday through Saturday (Closed 
Sunday).
     Durango Public Library--1900 E. Third Ave, Durango, CO 
81301. Between the hours of 8:00 a.m. and 8:00 p.m. Monday through 
Wednesday; 9:00 a.m. and 5:30 p.m. Thursday through Saturday (Closed 
Sunday).
     Farmington Public Library--2101 Farmington Ave, 
Farmington, NM 87401. Between the hours of 9:00 a.m. and 9:00 p.m. 
Monday through Thursday; 9:00 a.m. and 5:00 p.m. Friday through 
Saturday; and, 1:00 p.m. and 5:00 p.m. on Sunday.

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 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 
during normal business hours.

SUPPLEMENTARY INFORMATION:

I. Background on the Project
II. Background on the San Juan Generating Station
III. Mining Plan Modification for the DLE
IV. Alternatives
V. Environmental Impact Analysis
VI. Public Comment Procedures

I. Background on the Project

    As established by the Mineral Leasing Act (MLA) 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 New Mexico and the Secretary of the U.S. Department of the Interior 
(DOI) in accordance with Section 523(c) of SMCRA (30 U.S.C. 1273(c)), 
SJCC's Permit Application Package (PAP) must be reviewed by OSMRE and a 
mining plan modification approved by the Assistant Secretary for Land 
and Minerals Management (ASLM) before SJCC may significantly disturb 
the environment in order to develop the DLE Federal Coal Lease Tract 
NM-99144. The NM Mining and Minerals Division (NM MMD) is the SMCRA 
regulatory authority principally responsible for reviewing and 
approving PAPs. Under the MLA, OSMRE is responsible for making a 
recommendation to the ASLM about

[[Page 24340]]

whether the proposed mining plan modification should be approved, 
disapproved, or approved with conditions (30 CFR 476.13). The NM MMD 
approved the PAP for the DLE on October 22, 1999. The ASLM first 
approved the mining plan modification for DLE Federal Coal Lease Tract 
NM-99144 on January 17, 2008, after receiving a recommendation from 
OSMRE for approval that included a Finding of No Significant Impact 
signed by OSMRE in 2007 and the Bureau of Land Management's (BLM) 1998 
decision record on an amendment to the 1988 Farmington Resource 
Management Plan to include Federal Coal Lease Tract NM-99144.
    OSMRE's NEPA analysis supporting the 2008 mining plan modification 
was challenged in the U.S. District Court of New Mexico. WildEarth 
Guardians v. U.S. Office of Surface Mining et al., Case 1:14-cv-00112-
RJ-CG (D. NM) (amended petition filed March 14, 2014). On August 31, 
2016, the Court granted OSMRE's Motion for voluntary remand, which 
remanded the matter to OSMRE to prepare an EIS within three years of 
the Court's order. The Draft EIS available today has been prepared in 
accordance with the voluntary remand.
    The San Juan Mine has contractual obligations to deliver 
approximately 3 million tons of coal per year to the San Juan 
Generating Station (Generating Station) from 2008 through 2033. 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 EIS 
process. However, the court-approved voluntary remand indicated that 
the Secretary's approval of the 2008 mining plan modification for the 
DLE would be vacated if the agency does not complete the required NEPA 
analysis in a timely manner. As a result, OSMRE has prepared this Draft 
EIS to re-evaluate its previous mining plan modification recommendation 
for this area. Among other information, this Draft EIS considers (1) 
the PAP submitted to OSMRE and NM MMD, and (2) new information 
available since the 2008 MPDD approval for potentially affected 
resources considered under direct, indirect, and cumulative analytical 
frameworks.
    The DLE underground operations use longwall mining methods 
consisting of one longwall miner and two continuous miners (i.e. pieces 
of equipment). The mine employed approximately 282 people in 2017. The 
mining plan modification would not add any acres of federal surface 
lands or any acres of federal coal to the approved permit area but 
would authorize the recovery of approximately 53 million tons of coal 
from 4,464.87 acres of federal coal and would add approximately 10 to 
15 years to the life of the operation until 2033. For reasons discussed 
in sections II and III below, annual production rates of the mine are 
projected to be approximately 3 million tons per year in order to meet 
the contractual obligations with the Generating Station.
    The BLM, U.S. Environmental Protection Agency (EPA), U.S. Fish and 
Wildlife Service (USFWS), and New Mexico MMD are Cooperating Agencies 
for this EIS. As the NEPA analysis proceeds, OSMRE is also consulting 
with 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 
part 800.2(d)(3) and providing for public involvement, as required. 
Consultations with Native American Tribes are being conducted in 
accordance with DOI policy.
    As part of its consideration of impacts of the proposed Project on 
threatened and endangered species, OSMRE initiated formal consultation 
with the USFWS on May 8, 2018, 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 considers direct and 
indirect impacts from the proposed Project, including Project related 
coal combustion emissions generated by the generating station.
    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 all applicable laws, regulation, and Executive Order on 
topics such as Environmental Justice, Sacred Sites, and Tribal 
Consultation.

II. Background on the San Juan Generating Station

    The Generating Station, operated by the Public Service Company of 
New Mexico, is one of the largest coal-fired generating stations in the 
United States and provides power to customers in Arizona, New Mexico, 
and Utah. The generating station is located approximately 4 miles 
northeast of Waterflow, NM and 15 miles west of Farmington, NM. 
Pursuant to an agreement with the EPA, the Generating Station shut down 
two of the four energy generation units (Units 2 and 3) on December 19, 
2017, decreasing the power output from approximately 1,800 megawatts to 
910 megawatts (specifically, Units 2 and 3). The continued operation of 
Units 1 and 4 will require approximately 3 million tons of coal per 
year to produce the 910 megawatts.

III. Mining Plan Modification for the DLE

    SJCC's mining plan modification would continue to develop the DLE, 
Federal Lease NM-99144, within the San Juan Mine. Due to the retirement 
of energy generating Units 2 and 3, the annual production rate of the 
DLE was reduced from the previous annual production rate of 6 million 
tons to an annual production rate of approximately 3 million tons 
beginning in 2017. Federal lease NM-99144 encompasses 4,464.87 acres 
and includes:
    Township 30, North, Range 14 West, New Mexico Prime Meridian
    Section 17: All;
    Section 18: All;
    Section 19: All;
    Section 20: All;
    Section 29: All;
    Section 30: All; and portions of
    Section 31: (Lots 1, 2, 3, and 4).
    Upon completion of the EIS process and issuance of the Record of 
Decision, OSMRE will submit a mine 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. 
The ASLM will decide whether the mining plan modification is approved, 
disapproved, or approved with conditions.

IV. Alternatives

    The analysis in the Draft EIS considers direct, indirect, and 
cumulative impacts of the Proposed Action and two Alternatives. Per 40 
CFR 1501.7, the issues raised during the scoping period (March 22-May 
8, 2017) were used to inform the analyses and identify the alternatives 
considered in the Draft EIS. Alternatives for the Project that were 
analyzed in the Draft EIS include:
    (a) Alternative A--Proposed Action: As described above in Section 
I, second paragraph. The Proposed Action Alternative would be as 
approved from the time of the original PAP and initial approval of the 
mining plan modification in 2008 until 2033.
    (b) Alternative B--Continuation of San Juan Mine Operations 
Following

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Generating Station Shut-Down in 2022: This alternative assumes that 
that the remaining units of the Generating Station shut down in 2022, 
but that mining continues at the DLE at the same rate (approximately 3 
million tons annually) from 2023 through 2033. After 2023, this 
alternative assumes that the mine will send the coal to an unidentified 
coal-fired power plant. Without knowing the location of the end-use of 
the DLE coal, the Draft EIS bounds the potential effects of combusting 
DLE coal at an unidentified power plant by relying on the analysis of 
effects at the San Juan Generating Station. Under Alternative B, the 
mining techniques would be identical to those for the Proposed Action.
    (c) Alternative C--No Action Alternative: This alternative assumes 
that OSMRE would recommend that the ASLM disapprove the mining plan 
modification for the DLE at the San Juan Mine, the ASLM disapproves of 
the mining plan, and mining ceases on August 31, 2019. Implementation 
of the No Action Alternative would result in the discontinuation of 
mining activities at San Juan Mine and cessation of burning coal from 
San Juan Mine at the Generating Station on August 31, 2019. 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 includes mining through August 2019.
    A wide range of additional Alternatives were considered by OSMRE 
but not carried forward for detailed analysis in the Draft EIS. The 
following Alternatives were not analyzed in the Draft EIS because they 
either did not meet the purpose and need of the Project or were not 
considered technically feasible or economically feasible or cost-
effective:
 Alternative D--Alternative Panel Alignment, Timing or Sequence
 Alternative E--Continue to Mine at a Rate of 6 Million Tons 
Per Year
 Alternative F--Modifications to Underground Mining Technique
 Alternative G--Relocation of Portal Sites
 Alternative H--Alternative Coal Combustion Residue Disposal 
Sites
 Alternative I--``Just'' Transition Alternative

V. Environmental Impact Analysis

    The Draft EIS analyzes the potential environmental impacts to 16 
different resource categories, including:
 Air Quality
 Climate Change
 Geology and Soils
 Archaeology and Cultural Resources
 Water Resources and Hydrology
 Vegetation
 Wildlife and Habitats
 Special Status Species
 Land Use, Transportation, and Agriculture
 Recreation
 Social and Economic Values
 Environmental Justice
 Visual Resources
 Noise and Vibration impacts
 Hazardous and Solid Wastes
 Public Health and Safety

VI. Public Comment Procedures

    In accordance with the Council on Environmental Quality's 
regulations for implementing NEPA and the DOI's NEPA regulations, OSMRE 
is soliciting public comments on the Draft EIS. The comment period is 
being held over 45 days from July 9, 2018.
    Written comments, including email comments, should be sent to OSMRE 
at the addresses given in the ADDRESSES section of this NOA. Comments 
should be specific and pertain only to the issues relating to the 
Project and Draft EIS. 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.
    If you require reasonable accommodation to attend one of the 
meetings, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT at least one week before the meeting.

Availability of Comments

    OSMRE will include all comments in the project's administrative 
record. These comments, including name of respondent, address, phone 
number, email address, or other personal identifying information, will 
be 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: May 17, 2018.
David Berry,
Regional Director, Western Region.
[FR Doc. 2018-11107 Filed 5-24-18; 8:45 am]
BILLING CODE 4310-05-P