Notice of Intent To Prepare an Environmental Impact Statement and To Conduct Public Scoping on the Greens Hollow Coal Lease Tract, 8060-8062 [E8-2557]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service
• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 73, Number 29 (Tuesday, February 12, 2008)]
[Notices]
[Pages 8060-8062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2557]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

DEPARTMENT OF AGRICULTURE

Forest Service

[UT-070-1320-EL; UTU-84102]


Notice of Intent To Prepare an Environmental Impact Statement and 
To Conduct Public Scoping on the Greens Hollow Coal Lease Tract

AGENCY: Bureau of Land Management, USDI, and Forest Service, USDA.

ACTION: Notice of Intent to prepare an environmental impact statement 
(EIS) and to initiate public scoping for the Greens Hollow Coal Lease 
Tract Lease by Application (LBA) filed by Ark Land Company, a 
subsidiary of Arch Coal, Inc. in Sanpete and Sevier Counties, Utah.

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SUMMARY: Pursuant to Section 102 (2) (C) of the National Environmental 
Policy Act (NEPA) of 1969, the Bureau of Land Management (BLM), Price 
Field Office, and the Manti-La Sal and Fishlake National Forests 
announce their intent to prepare an EIS and are soliciting public 
comments regarding issues and resource information on the potential 
impacts of a proposal to mine Federal coal, using underground methods 
with limited surface facilities, in the vicinity of Greens Hollow, Utah 
as requested by Ark Land Company in LBA case number UTU-84102 and in 
conformance with the provisions of 43 Code of Federal Regulations (CFR) 
3425.1.

DATES: This notice initiates the public scoping process. Comments 
concerning the scope of the analysis must be received within 45 days of 
publication in the Federal Register. The draft EIS is expected in June 
of 2008 and the final EIS is expected in November of 2008.

ADDRESSES: Send written comments to Bureau of Land Management, Attn: 
Steve Rigby, Price Field Office, 125 South 600 West, Price, Utah 84501. 
Written comments may also be hand-delivered to the Price Field Office 
or sent by facsimile to 435-636-3657. Comments may be sent 
electronically to UT_Pr_Comments2@blm.gov (please reference Greens 
Hollow Coal Lease Tract EIS in the subject field).

FOR FURTHER INFORMATION CONTACT: Steve Rigby, Project Manager, BLM 
Price Field Office, 125 South 600 West, Price, Utah 84501 or phone 435-
636-3604.

SUPPLEMENTARY INFORMATION: The proposed Greens Hollow coal lease tract 
is located on the Manti-La Sal and Fishlake National Forests on the 
southern end of the Wasatch Plateau, Wasatch Plateau coal field, in the 
Wasatch Plateau Known Recoverable Coal Resource Area (KRCRA). The 
surface and coal resources are both federally owned. The Manti-La Sal 
and Fishlake National Forests administer the surface resources, while 
the BLM administers the subsurface coal resources.
    The Greens Hollow coal lease tract is located in the Muddy Creek 
and North Fork Quitchupah Creek drainages. The area is approximately 
10.5 air miles west of the town of Emery, Utah or 5 miles north of the 
SUFCO mine portal in Convulsion Canyon. The final coal lease tract, as 
amended by the Tract Delineation Team, encompasses 6,334 acres of 
Federal coal estate. Most of the proposed lease is on the Manti-La Sal 
National Forest (approximately 6,253 acres), while a small part along 
the southern edge of the tract is on the Fishlake National Forest 
(approximately 81 acres). A map of the proposed lease tract is 
available at https://cq.blm.gov/author/ut/en/fo/price/energy/Coal.html.
    Coal reserves in the Greens Hollow coal lease tract are estimated 
at 73 million minable tons of coal. Ark Land Company has applied to the 
BLM to lease the coal reserves to increase the production life of their 
existing SUFCO Mine complex. The tract lies immediately adjacent to and 
north and west of the existing SUFCO Mine. If Ark Land Company obtains 
the tract, it would be mined by long-wall methods through underground 
workings in their existing permit area. Existing portal facilities in 
the SUFCO mine complex would be used. New surface facilities would 
include two new vent shafts, a power line to one of the shafts, and 
exploratory drill holes. The analysis of

[[Page 8061]]

impacts will be prepared assuming mining would be done through the 
SUFCO mine. Because the lease offering would be by competitive bid, if 
a company other than Ark Land were the successful bidder, the adequacy 
of the EIS would be re-evaluated to determine if it could be used as 
the basis for mining plan approval.
    The Greens Hollow EIS will be consistent with the Manti-La Sal and 
Fishlake National Forests Land and Resource Management Plans (Forest 
Plans). The Forest Plans provide the overall guidance (Goals, 
Objectives, Standards, and Management Area Direction) to achieve the 
Desired Future Condition for the area being analyzed, and contain 
specific management area prescriptions for each Forest. The proposed 
lease tract is in a management area that is available for further 
consideration for coal leasing. The Forest Service and BLM have 
determined that data are available to meet the Data Adequacy Standards 
for Federal Coal Leasing, Uinta-Southwestern Utah Coal Region.
    The Greens Hollow coal tract falls within the Muddy Creek coal 
tract and a 2-mile buffer, for which three years of field data were 
collected and a technical analysis of potential effects to resources 
present in the tract were completed in anticipation of a mining 
proposal. In 2004 the Forest Service initiated the preparation of an 
EIS for the Muddy Creek tract. Public scoping was conducted from March 
5, 2004 through April 12, 2004 and a total of 10 responses were 
received. Based on the scoping comments and internal agency review, 
four resources were identified for detailed analysis in the Muddy Creek 
EIS: water resources, wildlife and wildlife habitat, vegetation, and 
cultural/paleontological resources. Previously collected data will be 
reviewed and updated to ensure the data remain valid for the Greens 
Hollow analysis.

Purpose and Need for Action

    The purpose of the Proposed Action is to provide appropriate 
opportunities for leasing and development of Federal coal resources 
(USDA-FS 1986) under the Manti-La Sal and Fishlake National Forests, 
and to make cleared tracts available for leasing, subject to the 
mitigation requirements determined through multiple-use management and 
environmental review.
    Ark Land Company, as the lease applicant, has expressed the need to 
obtain rights to additional minable coal in order to extend the life of 
the SUFCO Mine by approximately 10 years, maintain production, remain 
competitive in the current coal market, and to maintain current coal 
contracts.

Proposed Action

    The proposed action would offer the Greens Hollow Coal Lease Tract 
for competitive leasing. Technical data and analysis would be reviewed 
to determine if lease stipulations would be needed to protect non-
mineral resources consistent with BLM and Forest Service policies and 
Forest Plan Standards/Guidelines and Objectives.

Possible Alternatives

    All of the alternatives and options may not be known until after 
data collection and completion of the analysis. However, the EIS would 
likely consider the following alternatives.
    Alternative 1 (No Action)--The no action alternative will provide a 
baseline for evaluating the effects of the action alternatives. Under 
this alternative the lease tract would not be offered for leasing at 
this time and there would be no mining within the tract.
    Alternative 2--Under this alternative, the tract would be offered 
for competitive leasing, as delineated by the Tract Delineation Team, 
with BLM standard lease terms and conditions only. No special coal 
lease stipulations would be included in the lease to be offered.
    Alternative 3--Under this alternative, the tract would be offered 
for competitive leasing, as delineated, with BLM standard lease terms 
and conditions and special stipulations to protect non-mineral 
resources and uses.
    Other Action Alternatives--Other alternatives may be developed, as 
needed, to address social and environmental issues or opportunities.

Lead and Cooperating Agencies

    The Bureau of Land Management, Price Field Office, and the Forest 
Service, Manti-La Sal and Fishlake National Forests, will be joint lead 
agencies for this project. The Office of Surface Mining (OSM) will 
participate as a cooperating agency.

Responsible Official

    The responsible official for the Bureau of Land Management is Selma 
Sierra, Utah State Director, Bureau of Land Management, 440 West 200 
South, Suite 500, Salt Lake City, Utah 84145-0155. The responsible 
officials for the Forest Service are Howard Sargent, Forest Supervisor, 
Manti-La Sal National Forest, 599 W. Price River Drive, Price, Utah 
84501, and Mary Erickson, Forest Supervisor, Fishlake National Forest, 
115 East 900 North, Richfield, Utah 84701.

Nature of Decision To Be Made

    In accordance with the Mineral Leasing Act of 1920, as amended, the 
Utah State Director of the BLM will decide whether or not to offer the 
tract for competitive leasing and under what terms, conditions, and 
stipulations.
    In accordance with the Coal Leasing Amendments Act of 1975, which 
amended the Mineral Leasing Act of 1920, the Forest Supervisors, Manti-
La Sal and Fishlake National Forests, will decide whether or not to 
consent to leasing by the Bureau of Land Management. If they consent to 
leasing, they will identify special coal lease stipulations needed to 
protect non-mineral resources.

Scoping Process

    This notice of intent in the Federal Register initiates the scoping 
process for the Greens Hollow Coal Lease Tract Environmental Impact 
Statement. Agency and public scoping comments guide the development of 
the EIS. It is important that those interested in this proposed action 
participate at this time. Scoping notification is also given in the Sun 
Advocate and Richfield Reaper, the newspapers of record. In addition, a 
public notice will be published in the Emery County Progress and the 
Salina Sun and mailed to potentially interested parties. Interested 
parties are invited to submit comments as outlined above. To be most 
helpful, your comments should be as specific as possible.
    The lead agencies are seeking information and comments from 
Federal, State, and local agencies as well as individuals and 
organizations that may be interested in, or affected by, the proposed 
action. The BLM and Forest Service invite written comments and 
suggestions on issues related to the proposal and the area being 
analyzed. Information received will be used in preparation of the draft 
EIS and final EIS. No public meetings are currently planned.
    Comments, including names and addresses of respondents, will be 
available for public review at the BLM Price Field Office, and will be 
subject to disclosure under the Freedom of Information Act (FOIA). 
Before including your address, phone number, e-mail address, or other 
personal identifying information in your comment, you should be aware 
that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask in your comment to withhold your personal identifying information 
from public review, we cannot guarantee that we will be able to

[[Page 8062]]

do so. All submissions from organizations and businesses, or from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, will be available for public inspection in 
their entirety.
    A draft EIS will be prepared for public review and comment. The 
comment period on the draft EIS will be 45 days from the date the 
Environmental Protection Agency publishes the notice of availability in 
the Federal Register. It is very important that those interested in 
this proposed action participate by the close of the 45-day comment 
period so that substantive comments and objections are made available 
to the Bureau of Land Management at a time when it can meaningfully 
consider them and respond to them in the final EIS.
    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.
    The lead agencies believe, 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 EISs 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 disregarded 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).

    (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21; BLM/DOI NEPA Handbook 516 DM).

Preliminary Issues

    Issues and alternatives to be evaluated in the analysis for the 
Greens Hollow coal lease tract will be determined through public 
scoping. The major issues are expected to include water resources, 
wildlife and wildlife habitat, vegetation, cultural/paleontological 
resources, employment in the local area, and economic viability of the 
local and regional areas.

Permits or Licenses Required

    The operator must obtain a permit from the Secretary of the 
Interior prior to commencing mining, contingent upon review and 
acceptance of the mining and reclamation plan in accordance with 
Surface Mining Control and Reclamation Act of 1977 (SMCRA) and the 
requirements of 30 CFR 700 to end.

    Dated: January 29, 2008.
Selma Sierra,
Utah State Director, BLM.
    Dated: January 29, 2008.
Howard Sargent,
Forest Supervisor, Manti-La Sal National Forest.
 [FR Doc. E8-2557 Filed 2-11-08; 8:45 am]
BILLING CODE 3410-11-P