83_FR_24441 83 FR 24339 - Notice of Availability for the San Juan Mine Deep Lease Extension Mining Plan Modification Draft Environmental Impact Statement

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)

Page Range24339-24341
FR Document2018-11107

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 Issue 102 (Friday, May 25, 2018)
[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]]

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

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.

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

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

[[Page 24341]]

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



                                                                              Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Notices                                              24339

                                              DEPARTMENT OF THE INTERIOR                              on US–64 from US–491 in Shiprock,                        • Cortez Public Library—202 N. Park
                                                                                                      New Mexico.                                           Street, Cortez, CO 81321. Between the
                                              Office of Surface Mining Reclamation                       • On Friday, June 29th from 4:00 p.m.              hours of 9:00 a.m. and 7:00 p.m.
                                              and Enforcement                                         to 7:00 p.m. at the Durango Community                 Monday through Thursday; 9:00 a.m.
                                              [S1D1S SS08011000 SX064A000                             Recreation Center at 2700 Main Avenue,                and 4:00 p.m. Friday through Saturday
                                              189S180110; S2D2S SS08011000 SX064A00                   Durango, Colorado.                                    (Closed Sunday).
                                              18XS501520]                                                At a minimum of 15 days prior to                      • Durango Public Library—1900 E.
                                                                                                      each event, the foregoing times, dates,               Third Ave, Durango, CO 81301.
                                              Notice of Availability for the San Juan                 and specific locations for these meetings             Between the hours of 8:00 a.m. and 8:00
                                              Mine Deep Lease Extension Mining                        will be announced through email                       p.m. Monday through Wednesday; 9:00
                                              Plan Modification Draft Environmental                   notifications, local newspapers, radio                a.m. and 5:30 p.m. Thursday through
                                              Impact Statement                                        announcements, and the OSMRE                          Saturday (Closed Sunday).
                                                                                                      Western Region (WR) website https://                     • Farmington Public Library—2101
                                              AGENCY: Office of Surface Mining                                                                              Farmington Ave, Farmington, NM
                                                                                                      www.wrcc.osmre.gov/
                                              Reclamation and Enforcement, Interior.                                                                        87401. Between the hours of 9:00 a.m.
                                                                                                      sanJuanMine.shtm.
                                              ACTION: Notice of availability.                            OSMRE WR offers the following                      and 9:00 p.m. Monday through
                                                                                                      accommodations for the meetings:                      Thursday; 9:00 a.m. and 5:00 p.m.
                                              SUMMARY: In accordance with the                                                                               Friday through Saturday; and, 1:00 p.m.
                                              National Environmental Policy Act                          1. Navajo and Ute interpreters will be
                                                                                                      present at meetings held on the Navajo                and 5:00 p.m. on Sunday.
                                              (NEPA) of 1969, as amended, the Office
                                                                                                      and Southern Ute Reservations.                        FOR FURTHER INFORMATION CONTACT: For
                                              of Surface Mining Reclamation and
                                                                                                         2. For reasonable accommodations                   further information about the Project
                                              Enforcement (OSMRE) has prepared a
                                                                                                      regarding disabilities that may impact                and/or to have your name added to the
                                              Draft Environmental Impact Statement
                                                                                                      your ability to attend or comment,                    mailing list, contact: Gretchen Pinkham,
                                              (EIS) for the San Juan Coal Company’s                                                                         OSMRE Project Manager, at 303–293–
                                              (SJCC) proposed Deep Lease Extension                    contact Gretchen Pinkham, OSMRE
                                                                                                      Project Manager, at 303–293–5088 or by                5088 or by email at osm-nepa-nm@
                                              (DLE) at the existing San Juan Mine                                                                           osmre.gov. Persons who use a
                                              (Project) in San Juan County, New                       email at osm-nepa-nm@osmre.gov, at
                                                                                                      least one week before the meeting.                    telecommunications device for the deaf
                                              Mexico, and by this notice is                                                                                 may call the Federal Information Relay
                                              announcing the opening of the comment                   ADDRESSES: Comments on the Draft EIS
                                                                                                                                                            Service (FIRS) at 1–800–877–8339 to
                                              period.                                                 may be submitted in paper form or by
                                                                                                                                                            contact the above individual during
                                              DATES: This Notice of Availability                      email. At the top of your letter or in the
                                                                                                                                                            normal business hours. The FIRS is
                                              (NOA) initiates the public review                       subject line of your email message,
                                                                                                                                                            available 24 hours a day, 7 days a week,
                                              period. To ensure consideration of your                 please indicate that the comments are
                                                                                                                                                            to leave a message or question with the
                                              comments, OSMRE must receive your                       ‘‘San Juan Mine DLE EIS Comments.’’
                                                                                                                                                            above individual. You will receive a
                                              electronic or written comments by the                      • Email—Comments should be sent
                                                                                                                                                            reply during normal business hours.
                                              close of the 45-day public comment                      to: osm-nepa-nm@osmre.gov.
                                                                                                         • Mail/Courier—Written comments                    SUPPLEMENTARY INFORMATION:
                                              period on July 9, 2018.
                                                OSMRE will host public comment                        should be sent to: Office of Surface                  I. Background on the Project
                                                                                                      Mining Reclamation and Enforcement,                   II. Background on the San Juan Generating
                                              meetings where written and/or verbal
                                                                                                      c/o Catalyst Environmental Solutions,                      Station
                                              comments may be submitted. These                                                                              III. Mining Plan Modification for the DLE
                                              meetings will be open-house style with                  P.O. Box 56539, Sherman Oaks, CA                      IV. Alternatives
                                              information stations around the meeting                 91413.                                                V. Environmental Impact Analysis
                                              room that provide overviews of the                         You can download the Draft EIS at the              VI. Public Comment Procedures
                                              Project, NEPA process, analysis of                      following OSMRE WR website: https://
                                                                                                      www.wrcc.osmre.gov/                                   I. Background on the Project
                                              resources/issues in the Draft EIS, and
                                              how to submit a comment. Subject                        sanJuanMine.shtm. Paper and electronic                   As established by the Mineral Leasing
                                              matter experts will be present to discuss               copies of the Draft EIS are available for             Act (MLA) of 1920, the Surface Mining
                                              the key issues and answer your                          review at the OSMRE Western Region                    Control and Reclamation Act (SMCRA)
                                              questions. There will be oral and                       Office, 1999 Broadway Street, Suite                   of 1977, as amended (30 U.S.C. 1201–
                                              written comment stations at the                         3320, Denver, Colorado 80202. In                      1328), and the Cooperative Agreement
                                              meetings where you can submit                           addition, a paper and electronic copy of              between the State of New Mexico and
                                              comments.                                               the Draft EIS is available for review at              the Secretary of the U.S. Department of
                                                The public comment meetings will be                   each of the following locations:                      the Interior (DOI) in accordance with
                                              held at the following locations:                           • Bureau of Land Management (BLM)                  Section 523(c) of SMCRA (30 U.S.C.
                                                • On Monday, June 25th from 5:00                      Farmington Field Office—6251 College                  1273(c)), SJCC’s Permit Application
                                              p.m. to 8:00 p.m. at the Indian Pueblo                  Blvd., Suite A, Farmington, NM, 87402.                Package (PAP) must be reviewed by
                                              Cultural Center at 2401 12th St. NW,                    Between the hours of 9:00 a.m. and 4:00               OSMRE and a mining plan modification
                                              Albuquerque, New Mexico.                                p.m. Monday through Friday (Closed                    approved by the Assistant Secretary for
                                                • On Tuesday, June 26th from 5:00                     Saturday and Sunday).                                 Land and Minerals Management
                                              p.m. to 8:00 p.m. at the Farmington City                   • Navajo Nation Library—Highway                    (ASLM) before SJCC may significantly
                                              Civic Center at 200 West Arrington St.,                 264 Loop Road, Window Rock, AZ                        disturb the environment in order to
                                              Farmington, New Mexico.                                 86515. Between the hours of 8:00 a.m.                 develop the DLE Federal Coal Lease
amozie on DSK3GDR082PROD with NOTICES1




                                                • On Wednesday, June 27th from 5:00                   and 5:00 p.m. Monday through Saturday                 Tract NM–99144. The NM Mining and
                                              p.m. to 8:00 p.m. at the Ute Community                  (Closed Sunday).                                      Minerals Division (NM MMD) is the
                                              Center at 785 Sunset Blvd., Towaoc,                        • Albuquerque Main Library—501                     SMCRA regulatory authority principally
                                              Colorado.                                               Copper Ave NW, Albuquerque, NM                        responsible for reviewing and approving
                                                • On Thursday, June 28th from 5:00                    87102. Between the hours of 10:00 a.m.                PAPs. Under the MLA, OSMRE is
                                              p.m. to 8:00 p.m. at the Shiprock High                  and 6:00 p.m. Monday through Saturday                 responsible for making a
                                              School approximately a half-mile west                   (Closed Sunday).                                      recommendation to the ASLM about


                                         VerDate Sep<11>2014   18:28 May 24, 2018   Jkt 241001   PO 00000   Frm 00068   Fmt 4703   Sfmt 4703   E:\FR\FM\25MYN1.SGM   25MYN1


                                              24340                           Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Notices

                                              whether the proposed mining plan                        but would authorize the recovery of                   energy generation units (Units 2 and 3)
                                              modification should be approved,                        approximately 53 million tons of coal                 on December 19, 2017, decreasing the
                                              disapproved, or approved with                           from 4,464.87 acres of federal coal and               power output from approximately 1,800
                                              conditions (30 CFR 476.13). The NM                      would add approximately 10 to 15 years                megawatts to 910 megawatts
                                              MMD approved the PAP for the DLE on                     to the life of the operation until 2033.              (specifically, Units 2 and 3). The
                                              October 22, 1999. The ASLM first                        For reasons discussed in sections II and              continued operation of Units 1 and 4
                                              approved the mining plan modification                   III below, annual production rates of the             will require approximately 3 million
                                              for DLE Federal Coal Lease Tract NM–                    mine are projected to be approximately                tons of coal per year to produce the 910
                                              99144 on January 17, 2008, after                        3 million tons per year in order to meet              megawatts.
                                              receiving a recommendation from                         the contractual obligations with the
                                              OSMRE for approval that included a                      Generating Station.                                   III. Mining Plan Modification for the
                                              Finding of No Significant Impact signed                    The BLM, U.S. Environmental                        DLE
                                              by OSMRE in 2007 and the Bureau of                      Protection Agency (EPA), U.S. Fish and                   SJCC’s mining plan modification
                                              Land Management’s (BLM) 1998                            Wildlife Service (USFWS), and New                     would continue to develop the DLE,
                                              decision record on an amendment to the                  Mexico MMD are Cooperating Agencies                   Federal Lease NM–99144, within the
                                              1988 Farmington Resource Management                     for this EIS. As the NEPA analysis                    San Juan Mine. Due to the retirement of
                                              Plan to include Federal Coal Lease Tract                proceeds, OSMRE is also consulting                    energy generating Units 2 and 3, the
                                              NM–99144.                                               with the New Mexico State Historic                    annual production rate of the DLE was
                                                 OSMRE’s NEPA analysis supporting                     Preservation Officer in compliance with               reduced from the previous annual
                                              the 2008 mining plan modification was                   Section 106 of the National Historic                  production rate of 6 million tons to an
                                              challenged in the U.S. District Court of                Preservation Act (NHPA) of 1966, as                   annual production rate of approximately
                                              New Mexico. WildEarth Guardians v.                      amended (54 U.S.C. 300101–307108), as                 3 million tons beginning in 2017.
                                              U.S. Office of Surface Mining et al., Case              provided for in 36 CFR part 800.2(d)(3)               Federal lease NM–99144 encompasses
                                              1:14–cv–00112–RJ–CG (D. NM)                             and providing for public involvement,                 4,464.87 acres and includes:
                                              (amended petition filed March 14,                       as required. Consultations with Native                   Township 30, North, Range 14 West,
                                              2014). On August 31, 2016, the Court                    American Tribes are being conducted in                New Mexico Prime Meridian
                                              granted OSMRE’s Motion for voluntary                    accordance with DOI policy.                              Section 17: All;
                                              remand, which remanded the matter to                       As part of its consideration of impacts               Section 18: All;
                                              OSMRE to prepare an EIS within three                    of the proposed Project on threatened                    Section 19: All;
                                              years of the Court’s order. The Draft EIS               and endangered species, OSMRE                            Section 20: All;
                                              available today has been prepared in                    initiated formal consultation with the                   Section 29: All;
                                              accordance with the voluntary remand.                   USFWS on May 8, 2018, pursuant to                        Section 30: All; and portions of
                                                 The San Juan Mine has contractual                    Section 7 of the Endangered Species Act                  Section 31: (Lots 1, 2, 3, and 4).
                                              obligations to deliver approximately 3                  (ESA) of 1973, as amended (16 U.S.C.                     Upon completion of the EIS process
                                              million tons of coal per year to the San                1531 et seq.) and its implementing                    and issuance of the Record of Decision,
                                              Juan Generating Station (Generating                     regulations. The consultation considers               OSMRE will submit a mine plan
                                              Station) from 2008 through 2033.                        direct and indirect impacts from the                  decision document to the ASLM to
                                              Mining activities within the DLE have                   proposed Project, including Project                   recommend approval, disapproval, or
                                              been ongoing since OSMRE approval in                    related coal combustion emissions                     approval with conditions of the
                                              2008 and continue presently. Per the                    generated by the generating station.                  proposed mining plan modification for
                                              voluntary remand, mining operations                        In addition to compliance with NEPA,               the continuation or cessation of the San
                                              within the DLE are allowed to proceed                   NHPA Section 106, and ESA Section 7,                  Juan Mine to mine the DLE within
                                              during the EIS process. However, the                    all Federal actions will be in                        federal coal lease NM–99144. The
                                              court-approved voluntary remand                         compliance with applicable                            ASLM will decide whether the mining
                                              indicated that the Secretary’s approval                 requirements of the SMCRA; the CWA,                   plan modification is approved,
                                              of the 2008 mining plan modification                    33 U.S.C. 1251–1387; the Clean Air Act                disapproved, or approved with
                                              for the DLE would be vacated if the                     of 1970, as amended, 42 U.S.C. 7401–                  conditions.
                                              agency does not complete the required                   7671q; the Native American Graves
                                                                                                                                                            IV. Alternatives
                                              NEPA analysis in a timely manner. As                    Protection and Repatriation Act of 1990,
                                              a result, OSMRE has prepared this Draft                 as amended, 25 U.S.C. 3001–3013; and                    The analysis in the Draft EIS
                                              EIS to re-evaluate its previous mining                  all applicable laws, regulation, and                  considers direct, indirect, and
                                              plan modification recommendation for                    Executive Order on topics such as                     cumulative impacts of the Proposed
                                              this area. Among other information, this                Environmental Justice, Sacred Sites, and              Action and two Alternatives. Per 40 CFR
                                              Draft EIS considers (1) the PAP                         Tribal Consultation.                                  1501.7, the issues raised during the
                                              submitted to OSMRE and NM MMD,                                                                                scoping period (March 22–May 8, 2017)
                                              and (2) new information available since                 II. Background on the San Juan                        were used to inform the analyses and
                                              the 2008 MPDD approval for potentially                  Generating Station                                    identify the alternatives considered in
                                              affected resources considered under                        The Generating Station, operated by                the Draft EIS. Alternatives for the
                                              direct, indirect, and cumulative                        the Public Service Company of New                     Project that were analyzed in the Draft
                                              analytical frameworks.                                  Mexico, is one of the largest coal-fired              EIS include:
                                                 The DLE underground operations use                   generating stations in the United States                (a) Alternative A—Proposed Action:
                                              longwall mining methods consisting of                   and provides power to customers in                    As described above in Section I, second
amozie on DSK3GDR082PROD with NOTICES1




                                              one longwall miner and two continuous                   Arizona, New Mexico, and Utah. The                    paragraph. The Proposed Action
                                              miners (i.e. pieces of equipment). The                  generating station is located                         Alternative would be as approved from
                                              mine employed approximately 282                         approximately 4 miles northeast of                    the time of the original PAP and initial
                                              people in 2017. The mining plan                         Waterflow, NM and 15 miles west of                    approval of the mining plan
                                              modification would not add any acres of                 Farmington, NM. Pursuant to an                        modification in 2008 until 2033.
                                              federal surface lands or any acres of                   agreement with the EPA, the Generating                  (b) Alternative B—Continuation of
                                              federal coal to the approved permit area                Station shut down two of the four                     San Juan Mine Operations Following


                                         VerDate Sep<11>2014   18:28 May 24, 2018   Jkt 241001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703   E:\FR\FM\25MYN1.SGM   25MYN1


                                                                              Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Notices                                                  24341

                                              Generating Station Shut-Down in 2022:                   •   Water Resources and Hydrology                     organizations or businesses will be
                                              This alternative assumes that that the                  •   Vegetation                                        available for public review to the extent
                                              remaining units of the Generating                       •   Wildlife and Habitats                             consistent with applicable law.
                                              Station shut down in 2022, but that                     •   Special Status Species                              Dated: May 17, 2018.
                                              mining continues at the DLE at the same                 •   Land Use, Transportation, and
                                                                                                                                                            David Berry,
                                              rate (approximately 3 million tons                            Agriculture
                                              annually) from 2023 through 2033. After                 •   Recreation                                        Regional Director, Western Region.
                                              2023, this alternative assumes that the                 •   Social and Economic Values                        [FR Doc. 2018–11107 Filed 5–24–18; 8:45 am]
                                              mine will send the coal to an                           •   Environmental Justice                             BILLING CODE 4310–05–P

                                              unidentified coal-fired power plant.                    •   Visual Resources
                                              Without knowing the location of the                     •   Noise and Vibration impacts
                                              end-use of the DLE coal, the Draft EIS                  •   Hazardous and Solid Wastes
                                              bounds the potential effects of                         •   Public Health and Safety                          INTERNATIONAL TRADE
                                              combusting DLE coal at an unidentified                                                                        COMMISSION
                                                                                                      VI. Public Comment Procedures
                                              power plant by relying on the analysis
                                                                                                         In accordance with the Council on                  [Investigation No. 731–TA–921 (Third
                                              of effects at the San Juan Generating
                                                                                                      Environmental Quality’s regulations for               Review)]
                                              Station. Under Alternative B, the mining
                                                                                                      implementing NEPA and the DOI’s
                                              techniques would be identical to those
                                                                                                      NEPA regulations, OSMRE is soliciting                 Folding Gift Boxes From China;
                                              for the Proposed Action.
                                                                                                      public comments on the Draft EIS. The                 Scheduling of an Expedited Five-Year
                                                 (c) Alternative C—No Action
                                                                                                      comment period is being held over 45                  Review
                                              Alternative: This alternative assumes
                                                                                                      days from July 9, 2018.
                                              that OSMRE would recommend that the                                                                           AGENCY: United States International
                                                                                                         Written comments, including email
                                              ASLM disapprove the mining plan                                                                               Trade Commission.
                                                                                                      comments, should be sent to OSMRE at
                                              modification for the DLE at the San Juan
                                                                                                      the addresses given in the ADDRESSES                  ACTION:   Notice.
                                              Mine, the ASLM disapproves of the
                                                                                                      section of this NOA. Comments should
                                              mining plan, and mining ceases on
                                                                                                      be specific and pertain only to the                   SUMMARY: The Commission hereby gives
                                              August 31, 2019. Implementation of the
                                                                                                      issues relating to the Project and Draft              notice of the scheduling of an expedited
                                              No Action Alternative would result in
                                                                                                      EIS. If you would like to be placed on                review pursuant to the Tariff Act of
                                              the discontinuation of mining activities
                                                                                                      the mailing list to receive future                    1930 (‘‘the Act’’) to determine whether
                                              at San Juan Mine and cessation of
                                                                                                      information, please contact the person                revocation of the antidumping duty
                                              burning coal from San Juan Mine at the
                                                                                                      listed under FOR FURTHER INFORMATION                  order on folding gift boxes from China
                                              Generating Station on August 31, 2019.
                                                                                                      CONTACT, above.                                       would be likely to lead to continuation
                                              Considering mining activities in the
                                                                                                         If you require reasonable                          or recurrence of material injury within
                                              DLE have been ongoing since 2008 and
                                                                                                      accommodation to attend one of the                    a reasonably foreseeable time.
                                              will continue throughout the NEPA
                                                                                                      meetings, please contact the person
                                              process, the baseline conditions for the                                                                      DATES:   May 7, 2018.
                                                                                                      listed under FOR FURTHER INFORMATION
                                              No Action Alternative includes mining
                                                                                                      CONTACT at least one week before the                  FOR FURTHER INFORMATION CONTACT:       Abu
                                              through August 2019.
                                                                                                      meeting.                                              Kanu (202–(202) 205–2597), Office of
                                                 A wide range of additional
                                              Alternatives were considered by                         Availability of Comments                              Investigations, U.S. International Trade
                                              OSMRE but not carried forward for                                                                             Commission, 500 E Street SW,
                                                                                                        OSMRE will include all comments in                  Washington, DC 20436. Hearing-
                                              detailed analysis in the Draft EIS. The                 the project’s administrative record.
                                              following Alternatives were not                                                                               impaired persons can obtain
                                                                                                      These comments, including name of                     information on this matter by contacting
                                              analyzed in the Draft EIS because they                  respondent, address, phone number,
                                              either did not meet the purpose and                                                                           the Commission’s TDD terminal on 202–
                                                                                                      email address, or other personal                      205–1810. Persons with mobility
                                              need of the Project or were not                         identifying information, will be
                                              considered technically feasible or                                                                            impairments who will need special
                                                                                                      available for public review during                    assistance in gaining access to the
                                              economically feasible or cost-effective:                normal business hours. Comments
                                              • Alternative D—Alternative Panel                                                                             Commission should contact the Office
                                                                                                      submitted anonymously will be                         of the Secretary at 202–205–2000.
                                                    Alignment, Timing or Sequence                     accepted and considered; however,
                                              • Alternative E—Continue to Mine at a                                                                         General information concerning the
                                                                                                      those who submit anonymous                            Commission may also be obtained by
                                                    Rate of 6 Million Tons Per Year
                                              • Alternative F—Modifications to                        comments may not have standing to                     accessing its internet server (https://
                                                    Underground Mining Technique                      appeal the subsequent decision.                       www.usitc.gov). The public record for
                                              • Alternative G—Relocation of Portal                      Before including your address, phone                this review may be viewed on the
                                                    Sites                                             number, email address, or other                       Commission’s electronic docket (EDIS)
                                              • Alternative H—Alternative Coal                        personal identifying information in your              at https://edis.usitc.gov.
                                                    Combustion Residue Disposal Sites                 comment, you should be aware that
                                                                                                      your entire comment—including your                    SUPPLEMENTARY INFORMATION:
                                              • Alternative I—‘‘Just’’ Transition
                                                    Alternative                                       personal identifying information—will                   Background.—On May 7, 2018, the
                                                                                                      be publicly available. While you can ask              Commission determined that the
                                              V. Environmental Impact Analysis                        us in your comment to withhold your                   domestic interested party group
amozie on DSK3GDR082PROD with NOTICES1




                                                The Draft EIS analyzes the potential                  personal identifying information from                 response to its notice of institution (83
                                              environmental impacts to 16 different                   public review, we cannot guarantee that               FR 4679, February 1, 2018) of the
                                              resource categories, including:                         we will be able to do so.                             subject five-year review was adequate
                                              • Air Quality                                             All submissions from organizations or               and that the respondent interested party
                                              • Climate Change                                        businesses and from individuals                       group response was inadequate. The
                                              • Geology and Soils                                     identifying themselves as                             Commission did not find any other
                                              • Archaeology and Cultural Resources                    representatives or officials of                       circumstances that would warrant


                                         VerDate Sep<11>2014   18:28 May 24, 2018   Jkt 241001   PO 00000   Frm 00070   Fmt 4703   Sfmt 4703   E:\FR\FM\25MYN1.SGM   25MYN1



Document Created: 2018-05-25 02:12:42
Document Modified: 2018-05-25 02:12:42
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 availability.
DatesThis 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.
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] 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.
FR Citation83 FR 24339 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR