Notice of Intent

[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Notices]
[Pages 18044-18046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9151]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[CO-034-99-5440-00-CO23; COC61945, COC61357, COC61209]

DEPARTMENT OF AGRICULTURE

Forest Service


Notice of Intent

AGENCY: Bureau of Land Management, Interior; Forest Service, 
Agriculture.

    Responsible Officials:

Ann Morgan, State Director, Colorado State Office, Bureau of Land 
Management, 2850 Youngfield, Denver, CO 80215.
Robert L. Storch, Forest Supervisor, Grand Mesa, Uncompahgre and 
Gunnison National Forests, U.S. Forest Service, 2250 US Hwy 50, Delta, 
CO 81416.

ACTION: Notice of Intent and Notice of Scoping to prepare an 
Environmental Impact Statement (EIS) on lease and exploration license 
applications for Federal coal in Delta and Gunnison Counties, Colorado.

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SUMMARY: The Bureau of Land Management (BLM) and the Forest Service 
(FS) will direct preparation of a third-party Environmental Impact 
Statement (EIS) to document the analysis and disclose the environmental 
effects of proposed actions to offer the Iron Point and Elk Creek Coal 
Lease Tracts for competitive bidding and the Iron Point Coal 
Exploration license for exploration drilling in accordance with 43 CFR 
parts 3425 and part 3410. The BLM will be the lead agency for 
preparation of the EIS and the FS will be a joint lead agency. The 
Office of Surface Mining Reclamation and Enforcement (OSM) will 
participate as a cooperating agency.
    The original application for coal lease was filed in August 1997 by 
Bowie Resources Limited (Bowie) requesting the BLM to offer for 
competitive lease for approximately 3,403.27 acres of federal coal in 
Delta County, Colorado. It was designated the Iron Point Tract. In 
December 1997, the BLM received a competitive lease application from 
Oxbow Mining, Inc. (Oxbow), requesting for competitive lease 
approximately 3,702.81 acres of federal coal in Delta and Gunnison 
Counties, Colorado. The Tract delineation by the Uncompahgre Field 
Office resulted in the addition of 160 acres of federal coal for a 
total of 3,862.81 acres. This tract was designated the Elk Creek Tract. 
In addition, Bowie Resources, LTD submitted an application for a coal 
exploration license on unleased lands adjacent to the above coal lease 
application areas. The exploration lands contain approximately 6,053.00 
acres. Lands affected by these applications are managed by both the BLM 
and Forest Service.
    Separate Environmental Assessments (EA) were completed on the two 
lease applications, but not on the exploration license. As part of the 
NEPA public process, the BLM and USFS subsequently determined that the 
requirements of NEPA would be best served by preparing a single EIS for 
these coal applications.

DATES: The public has the opportunity to submit written comments on 
concerns or issues that the Agencies should address in processing these 
coal applications. The Agencies will accept written comments on the 
scope of analyses for the application areas at the address given below. 
Comments should be submitted by May 17, 1999, in order to be considered 
in the draft EIS. A public scoping meeting will be held April 21, 1999 
at the Hotchkiss High School, 3535J 60 Lane, Hotchkiss, CO at 7:00 pm. 
At this time, it is estimated that a Draft EIS will be available in mid 
August 1999 and a Final EIS will be available in mid December 1999.

ADDRESSES: Please address questions, comments, or concerns on the EIS 
to the Bureau of Land Management, Attn: Jerry Jones, 2465 South 
Townsend Ave., Montrose, CO, 81401, or fax them to 970-240-5368.

FOR FURTHER INFORMATION CONTACT: Jerry Jones at the above address, or 
phone: 970-240-5338.

SUPPLEMENTARY INFORMATION: In August of 1997, Bowie filed coal lease 
application COC61209 (Iron Point Tract)

[[Page 18045]]

requesting BLM offer federal coal for competitive lease. This 
application was later amended to reduce the acreage, but the original 
application was for the following lands:

T. 12 S., R. 91 W., 6th P.M.
    Sec. 33, lots 1 to 16, inclusive, S\1/2\N\1/2\;
    Sec. 34, lots 1 to 16, inclusive, S\1/2\N\1/2\.
T. 13 S., R. 91 W., 6th P.M.
    Sec. 2, SW\1/4\NW\1/4\, NW\1/4\SW\1/4\, and E\1/2\SW\1/4\;
    Sec. 3, lots 1 to 4, inclusive, S\1/2\N\1/2\, and N\1/2\S\1/2\;
    Sec. 4, lots 1 to 4, inclusive, S\1/2\N\1/2\, and S\1/2\;
    Sec. 5, S\1/2\SE\1/4\, and SE\1/4\SW\1/4\;
    Sec. 8, NE\1/4\;
    Sec. 9, NW\1/4\, and N\1/2\SW\1/4\;
    Sec. 11, NE\1/4\NW\1/4\.

    containing 3,403.27 +/-acres, with an estimated 26.3 million 
tons of recoverable coal. The coal resource within the Iron Point 
tract is limited to coal recoverable by underground mining methods.

    In December of 1997, Oxbow filed coal lease application COC61357, 
(Elk Creek Tract), requesting the BLM offer for competitive lease 
federal coal in the lands described as:

T. 12 S., R. 90 W., 6th P.M.
    Sec. 31, lots 1 to 14, inclusive, and NE\1/4\;
    Sec. 32, lots 3 to 6, inclusive, lots 11 to 14, inclusive, and 
NW\1/4\.
T. 12 S., R. 91 W., 6th P.M.
    Sec. 35, lots 1, 2, and 4 to 8, inclusive, 13 to 16, inclusive, 
lots 21, 22, and that part of HES No. 134 lying in the NE\1/4\;
    Sec. 36, lots 1 to 17, inclusive, NE\1/4\, E\1/2\NW\1/4\, SW\1/
4\NW\1/4\, and that part of HES No.134 lying in lot 1.
T. 13 S., R. 90 W., 6th P.M.
    Sec. 5, lots 7 to 10, inclusive;
    Sec. 6, lots 8 to 17, inclusive.
T. 13 S., R. 91 W., 6th P.M.
    Sec. 1, lots 1 to 4, inclusive, S\1/2\NW\1/4\ and SW\1/4\;
    Sec. 2, lot 1, and S\1/2\NE\1/4\;
    Sec. 12, S\1/2\NE\1/4\, and NW\1/4\.
    containing 3,862.81+/-acres with approximately 21 million tons 
of recoverable coal. The coal resource to be offered for lease is 
limited to coal recoverable by underground mining methods.

    In May of 1998, Bowie filed a coal exploration license application, 
(COC61945), with the BLM. The Iron Point Exploration License contains 
unleased coal deposits owned by the United States of America in the 
following described lands in Delta County, Colorado.

T. 12 S., R. 91 W., 6th P.M.
    Sec. 14, lots 7,8, S\1/2\S\1/2\, NE\1/4\SW\1/4\, NW\1/4\SE\1/4\;
    Sec. 22, S\1/2\;
    Sec. 23, lots 1 to 7, inclusive, W\1/2\, and that part of HES 
No. 133 lying in the S\1/2\SE\1/4\;
    Sec. 26, lots 1 to 5, inclusive, W\1/2\, N\1/2\SE\1/4\, and that 
part of HES No. 133 lying in the NE\1/4\;
    Sec. 27, all;
    Sec. 28, S\1/2\;
    Sec. 29, SE\1/4\;
    Sec. 32, lots 1, 2, 7 to 10, inclusive, lots 15, 16, and NE\1/
4\;
    Sec. 33, lots 1 to 16, inclusive, and N\1/2\;
    Sec. 34, lots 1 to 16, inclusive, and N\1/2\;
    Sec. 35, lots 3, and 7 to 22, inclusive, NE\1/4\NW\1/4\, W\1/
2\NW\1/4\, that part of HES No. 134 and that part of lots 4 to 6, 
inclusive, lying in the S\1/2\S\1/2\NE\1/4\.

    The area described contains approximately 6,053.00 +/-acres.

    These applications encompass federal coal on BLM and Gunnison 
National Forest lands. Additions and/or deletions to the delineated 
tracts may be considered as alternatives to the proposed action. 
Alternatives will be developed and analyzed based on issues and 
management needs.
    Bowie and Oxbow applied to the BLM for the Iron Point and Elk Creek 
coal lease tracts respectfully to extend the production life of their 
existing underground mines. Similarly, Bowie applied to the BLM for an 
exploration license to further delineate to coal resource in lands 
adjacent to their ongoing mining. The requested Iron Point tract and 
the exploration license area are adjacent to the presently approved 
permit area for the Bowie No. 2 Mine which is operated by Bowie. 
Likewise, the requested Elk Creek tract is adjacent to the presently 
approved permit area for the Sanborn Creek Mine which is operated by 
Oxbow.
    If the Iron Point and Elk Creek tracts are leased, the coal would 
be mined by underground techniques. Both Bowie and Oxbow have existing 
surface portal facilities which are located on private property 
controlled by the companies and which would continue to be used for any 
future extraction of coal from the subject lease tracts. Both companies 
plan for upgrades to their existing surface facilities. Bowie plans for 
the installation of a new conveyor system and coal storage area to 
replace an existing truck haul road. Oxbow would construct a new portal 
pad and drive new entries to access the Elk Creek tract. This portal 
pad is on private land and is immediately adjacent to the Oxbow surface 
facilities.
    If another company is a successful bidder for either tract, it is 
likely that new surface facilities may be required. Regardless of what 
company obtains the subject lease tracts, underground mining methods 
would be needed to extract the coal.
    The EIS will consider the mining plans as proposed by Bowie and 
Oxbow, the no-action alternative, the possibility of other companies 
obtaining and developing operations to extract coal from the subject 
lease tracts, and other alternatives. The analysis will also consider 
mitigation developed during the process. The development of 
alternatives will occur after the completion of project scoping.
    The Bureau of Land Management must decide whether or not to approve 
the coal applications and if so identify special stipulations needed to 
protect the mineral and non-mineral resources. In accordance with the 
Coal Leasing Amendments Act of 1976, which amended the Mineral Leasing 
Act of 1920, the Forest Supervisor for the Grand Mesa, Uncompahgre and 
Gunnison National Forest, must decide whether or not to consent to 
leasing by the Bureau of Land Management and if so identify special 
stipulations needed to protect non-mineral resources on National Forest 
lands.
    OSM will be a cooperating agency in the preparation of the EIS. If 
the tracts are leased to the applicants, the new leases must be 
incorporated into the existing mining plans of Oxbow and Bowie and the 
Secretary of the Interior must approve the revised mining plan before 
the Federal coal in the tract can be mined. OSM is the Federal agency 
that would be responsible for recommending approval, approval with 
conditions, or disapproval of the revised mining plan to the Secretary 
if the tracts are leased.
    A tentative list of permits or licenses that may be required to 
mine the coal resources is listed below:

Bureau of Land Management
    Plan of Operations (mining and exploration)
    Special use permits (Right-of-Ways, etc.)
Forest Service
    Plan of Operations (mining and exploration)
    Special use permits (Right-of-Ways, etc.)
U.S. Army Corps of Engineers
    Section 404 Permit
Environmental Protection Agency
    Spill Prevention Control and Countermeasure (SPCC) Plan
    Review of Section 404 permit
    Notification of Hazardous Waste Activity
U.S. Fish and Wildlife Service
    Threatened and Endangered Species Consultation
Treasury Department (Dept. of Alcohol, Tobacco and Firearms)
    Explosives User Permit
Mines Safety and Health Administration
    Mine Identification Number
    Legal Identity Report
    Miner Training Plan Approval
    Ventilation Plan Approval
    Ground Control Plan

[[Page 18046]]

Office of Surface Mining
    Mining Plan Concurrence
Colorado Department of Minerals and Geology
    Exploration Permit
    Mining and Reclamation Permit
Colorado Department of Public Health & Environment--Air Pollution 
Control Division
    Permit to Construct
    Permit to Operate
Colorado Department of Public Health & Environment--Water Quality 
Control Division
    Stormwater Discharge Permit
    National Pollutant Discharge Elimination System (NPDES)
Colorado State Engineer
    Water Rights
    Water Well Permits
    Dam Safety Permits
Colorado State Historic Preservation Office
    Historic and Archaeological Review
Colorado Department of Transportation
    Highway Access
Delta County
    Special Use Permit
    Building Permit
Gunnison County
    Special Use Permit
    Building Permit
    There are four underground coal mines (Bowie No. 1 (inactive), 
Bowie No. 2, Sanborn Creek, and West Elk) located east of Paonia, 
Colorado, in Delta and Gunnison Counties. Several issues related to 
these applications were identified during the initial scoping for the 
EA's in 1998, including the potential impacts to water rights, surface 
and ground water, agricultural lands, wildlife habitat, noise, train 
and truck traffic, socio-economics, and access to public lands that may 
occur if these applications are issued. If you have specific concerns 
about these issues, or have other concerns or issues that BLM should 
consider in processing these applications, please address them in 
writing to the above address. Written comments should be received by 
May 17, 1999, in order to be fully considered in the draft EIS.
    Please note that your comments, name, address, and any other 
personal information you provide will become part of the public record 
and will be available for public review. You may request 
confidentiality by clearly stating your request at the beginning of 
your comment. The agencies will consider withholding your name, address 
and any other personal identifying information on a case-by-case basis 
to the extent allowed by law. Submissions from organizations, 
businesses, and individuals identifying themselves as representatives 
or officials of organizations or businesses will be made part of the 
public record.
    The comment period on the Draft EIS will be sixty (60) days from 
the date the Environmental Protection Agency publishes the notice of 
availability in the Federal Register. (Now anticipated to be in mid 
August.) At this early stage, it is important to give reviewers notice 
of several court rulings related to public participation in the 
environmental review process. First, reviewers of draft environmental 
impact statements must structure their participation in the 
environmental review of the proposal so that it is meaningful and 
alerts an agency to the reviewer's position and contentions, Vermont 
Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, 
environmental objections that could be raised at the Draft EIS stage 
but that are not raised until after completion of the Final EIS may be 
waived or dismissed by the courts, City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 
F. Supp. 1334, 1338 (e.d. Wis. 1980). Because of these court rulings, 
it is very important that those interested in this proposed action 
participate by the close of the comment period so that substantive 
comments and objections are made available to the agencies at a time 
when they can meaningfully consider them and respond to them. To assist 
the agencies in identifying and considering issues and concerns on the 
proposed action, comments on the Draft EIS should be as specific as 
possible. It is also helpful if comments refer to specific pages or 
chapters of the draft statement. Comments may also address the adequacy 
of the Draft EIS or the merits of the alternatives formulated and 
discussed in the statement. Reviewers may wish to refer to the Council 
on Environmental Quality regulations for implementing the procedural 
provisions of the National Environmental Policy Act at 40 CFR 1503.3 in 
addressing these points.

    Dated: April 7, 1999.
Jerald L. Jones,
EIS Project Manager, Uncompahgre Field Office.

Thomas Condos,
Forest Engineer, Grand Mesa, Uncompahgre and Gunnison National Forests.
[FR Doc. 99-9151 Filed 4-12-99; 8:45 am]
BILLING CODE 4310-JB-P