Intent To Prepare an Environmental Impact Statement on an Application for a Department of the Army Permit Under Section 404 of the Clean Water Act by The Sabine Mining Company for the Construction, Operation, and Reclamation of the South Hallsville No. 1 Lignite Mine-Rusk Permit Area, Rusk, Panola, and Harrison Counties, TX, 30056-30057 [E9-14836]
Download as PDF
30056
Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices
5 found no injured or dead marine
mammals.
An observer from the Moss Landing
Marine Laboratory conducted a preevent survey on July 3 for the City of
Monterey’s Independence Day
Fireworks and enumerated 394
California sea lions, two sea otters
(Enhydra lutris), and 10 harbor seals.
Post-event monitoring on July 5
revealed no injured or dead marine
mammals.
Observers monitored the Pillar Point
Harbor area for the Half Moon Bay
Independence Day Fireworks on July 3
and recorded two harbor seals. Postevent monitoring on July 5 revealed no
injured or dead marine mammals.
The Pacific Grove Feast of Lanterns
Fireworks display consisted of
enumerating all marine mammals
within 400 meters of the fireworks
launch site (survey area). On July 25,
observers reported the presence of two
sea otters within the survey area and
more than 200 harbor seals outside of
the survey area. A post-event
monitoring survey found no injured or
dead animals.
Finally, pre-event monitoring of the
Monte Foundation Fireworks Display on
October 10 found two harbor seals and
one to two dozen California sea lions
500 yards offshore the Seacliff Beach
area. On October 12, the observers
reported that there were no injured or
dead marine mammals.
In summary, the total number of
potentially harassed California sea lions
(406) and harbor seals (14) for all
fireworks displays, was well below the
authorized limits as stated in the final
rule (71 FR 40928, July 19, 2006).
No dead or injured marine mammals
were reported for any of the events.
Hence, these monitoring results support
NMFS’ initial findings that fireworks
display will result in no more than
Level B behavioral harassment of small
numbers of California sea lions and
harbor seals and that the effects will be
limited to short term behavioral
changes, including temporary
abandonment of haul-out areas to avoid
the sights and sounds of commercial
fireworks.
Authorization
NMFS has issued an LOA to MBNMS
authorizing the Level B harassment of
marine mammals incidental to the
coastal commercial fireworks display
within the Sanctuary. Issuance of this
LOA is based on the results of the
MBNMS 2008 monitoring report which
verify that the total number of
potentially harassed sea lions and
harbor seals was well below the
authorized limits as stated in the final
VerDate Nov<24>2008
16:46 Jun 23, 2009
Jkt 217001
rule (71 FR 40928, July 19, 2006). Based
on these findings and the information
discussed in the preamble to the final
rule, the activities described under this
LOA will have a negligible impact on
marine mammal stocks and will not
have an unmitigable adverse impact on
the availability of the affected marine
mammal stock for subsistence uses. No
mortality or injury of affected species is
anticipated.
Dated: June, 19, 2009
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E9–14878 Filed 6–23–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF DEFENSE
Department of the Army; Corps of
Engineers
Intent To Prepare an Environmental
Impact Statement on an Application for
a Department of the Army Permit
Under Section 404 of the Clean Water
Act by The Sabine Mining Company for
the Construction, Operation, and
Reclamation of the South Hallsville No.
1 Lignite Mine—Rusk Permit Area,
Rusk, Panola, and Harrison Counties,
TX
AGENCY: Department of the Army, U.S.
Army Corps of Engineers, DoD.
ACTION: Notice of intent.
SUMMARY: The U.S. Army Corps of
Engineers, Fort Worth District (USACE)
has received an application for a
Department of the Army permit under
Section 404 of the Clean Water Act
(CWA) from The Sabine Mining
Company (SMC) to construct, operate,
and reclaim the South Hallsville No. 1
Lignite Mine—Rusk Permit Area. In
accordance with the National
Environmental Policy Act (NEPA) of
1969 (42 U.S.C. 4321 et seq.), the
USACE has determined that issuance of
such a permit may have a significant
impact on the quality of the human
environment and, therefore, requires the
preparation of an Environmental Impact
Statement (EIS).
The USACE intends to prepare an EIS
to assess the environmental, social, and
economic effects of issuance of a
Department of the Army permit under
Section 404 of the CWA for discharges
of dredged and fill material into waters
of the United States (U.S.) associated
with the construction of the proposed
surface lignite mine. In the EIS, the
USACE will assess potential impacts
associated with a range of alternatives.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
DATES: A public scoping meeting will be
held on Tuesday, July 7, 2009, from 5
p.m. to 8 p.m. The purpose of this
meeting is to disseminate information
about the proposed project and its
potential effects to the human
environment, and to seek public
comments on the scope of the proposed
project.
ADDRESSES: The public scoping meeting
will be held at the Tatum Middle
School, 410 North Hill, Tatum, Texas.
FOR FURTHER INFORMATION CONTACT: For
further information and/or questions
about the proposed action and EIS,
please contact Ms. Jennifer R. Walker,
Regulatory Permits Section Chief, by
letter at Regulatory Branch, CESWF–
PER–R, U.S. Army Corps of Engineers,
P.O. Box 17300, Fort Worth, TX 76102–
0300 or by telephone at (817) 886–1863.
SUPPLEMENTARY INFORMATION:
1. Description of the Proposed Project:
The proposed South Hallsville No. 1
Lignite Mine—Rusk Permit Area would
be located approximately 1 mile north
of the City of Tatum, Rusk County,
Texas. The approximately 20,377-acre
mine site would recover approximately
130 million tons of lignite during the
30-year life of the mine, for sole use at
the existing H.W. Pirkey Power Plant,
which is owned and operated by
American Electric Power (AEP). Overall,
the proposed project would result in
adverse impacts to approximately 300
acres of waters of the U.S., including
approximately 186 acres of wetlands, 65
acres of ponds, and approximately
349,320 linear feet of streams, including
a navigable reach of the Sabine River.
Adverse impacts would occur in
conjunction with the removal and
stockpiling of overburden and
interburden in an effort to recover
approximately 90% of the in-place
tonnage. As part of this project, several
public roads, approximately 400 gas
wells, and approximately 350 miles of
pipeline would require modification.
Other potential adverse effects
associated with this project would
include loss of forested floodplain and
upland habitats, impacts to
archeological sites, relocation of
residential dwellings and one cemetery,
and cumulative effects associated with
the operation of four surface lignite
mines within an approximately 20-mile
radius.
2. Alternatives: Alternatives available
to the USACE are to: (1) Issue the
Department of the Army permit; (2)
issue the Department of the Army
permit with special conditions; or (3)
deny the Department of the Army
permit. Alternatives available to SMC
include: (1) Construct, operate, and
E:\FR\FM\24JNN1.SGM
24JNN1
Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices
reclaim the South Hallsville No. 1
Lignite Mine—Rusk Permit Area as
proposed by SMC; (2) construct,
operate, and reclaim the South
Hallsville No. 1 Lignite Mine—Rusk
Permit Area with modifications; (3)
develop or acquire other lignite supply
sources; or (4) no action.
3. Scoping and Public Involvement
Process: A public scoping meeting to
disseminate information about the
proposed project and its potential
effects to the human environment, and
to seek public comments on the
proposed project will be conducted (see
DATES & ADDRESSES). A Public Notice
will be issued June 23, 2009, to extend
the opportunity for Federal, State, and
local agencies and officials, and
interested individuals to further
comment on the proposed project and
the scope of the EIS.
4. Significant Issues: Issues to be
given significant analysis in the EIS are
likely to include, but will not be limited
to: The effects to surface water and
groundwater resources, including water
quantity and quality, effects on the
immediate and adjacent property
owners and nearby communities,
downstream hydraulics and hydrology,
geologic resources, vegetation, fish and
wildlife, threatened and endangered
species, soils, prime farmland, noise,
light, aesthetics, historic and prehistoric cultural resources,
socioeconomics, land use, public roads,
and air quality.
5. Cooperating Agencies: At this time,
no other Federal or State agencies have
been established as cooperating agencies
in preparation of the EIS. However,
numerous federal and state agencies,
including the U.S. Environmental
Protection Agency, the U.S. Fish and
Wildlife Service, the Texas Commission
on Environmental Quality, the Texas
Parks and Wildlife Department, the
Railroad Commission of Texas, and the
Texas Historical Commission are
expected to be involved in the
preparation of, and provide comments
on, the EIS.
6. Additional Review and
Consultation: Compliance with other
Federal and State requirements that will
be addressed in the EIS include, but will
not be limited to, state water quality
certification under Section 401 of the
Clean Water Act, protection of water
quality under the Texas Pollutant
Discharge Elimination System,
protection of air quality under the Texas
Air Quality Act, protection of
endangered and threatened species
under Section 7 of the Endangered
Species Act, and protection of cultural
resources under Section 106 of the
National Historic Preservation Act.
VerDate Nov<24>2008
16:46 Jun 23, 2009
Jkt 217001
7. Availability of the Draft EIS: The
Draft EIS is projected to be available by
August 2009. A public hearing will be
conducted following the release of the
Draft EIS.
Stephen L. Brooks,
Chief, Regulatory Branch.
[FR Doc. E9–14836 Filed 6–23–09; 8:45 am]
BILLING CODE 3720–58–P
DELAWARE RIVER BASIN
COMMISSION
Notice of Revised Methodology for the
Delaware River and Bay Integrated List
Water Quality Assessment
AGENCY: Delaware River Basin
Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that
the methodology proposed to be used in
the 2010 Delaware River and Bay
Integrated List Water Quality
Assessment is available for review and
comment. The proposed methodology is
a substantially modified version of the
methodology used for the 2008
assessment.
DATES: Comments must be received in
writing by close of business on August
14, 2009.
ADDRESSES: Comments will be accepted
via e-mail to
john.yagecic@drbc.state.nj.us; via fax to
609–883–9522; by U.S. Mail to DRBC,
Attn: Integrated Assessment 2010, P.O.
Box 7360, West Trenton, NJ 08628–
0360; via private carrier to DRBC, Attn:
Integrated Assessment 2010, 25 State
Police Drive, West Trenton, NJ 08628–
0360; or by hand. All submissions
should have the phrase ‘‘Integrated
Assessment 2010’’ in the subject line
and should include the name, address
(street address optional) and affiliation,
if any, of the commenter.
FOR FURTHER INFORMATION CONTACT: Mr.
John Yagecic, Supervisor, Standards and
Assessment Section, DRBC Modeling,
Monitoring and Assessment Branch, via
e-mail to john.yagecic@drbc.state.nj.us
or by telephone to 609–883–9500, ext.
271.
The
Delaware River Basin Commission
(‘‘DRBC’’ or ‘‘Commission’’) is an
interstate and Federal compact agency
that was created in 1961 by concurrent
legislation of the States of Delaware,
New Jersey, and New York, the
Commonwealth of Pennsylvania and the
United States Government for purpose
of jointly managing the water resources
of the Delaware River Basin.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
30057
DRBC currently is compiling data for
the 2010 Delaware River and Bay
Integrated List Water Quality
Assessment (‘‘2010 Assessment’’)
required by the federal Clean Water Act
(CWA). The 2010 Assessment will
present the extent to which waters of
the Delaware River and Bay are
attaining designated uses in accordance
with Section 305(b) of the CWA and
will identify impaired waters, which
consist of waters that exceed surface
water quality standards.
Substantial changes from the 2008
methodology have been proposed,
including the consideration of biological
monitoring results in the assessment
process. The assessment methodology to
be used in the 2010 Assessment is
available for review at the following
URL: https://www.state.nj.us/drbc/
10IntegratedList-DraftMethod.htm.
In the 2008 Assessment DRBC
proposes to reduce the number of
assessment units from the number used
in 2006 by consolidating the units into
DRBC’s Water Quality Management
Zones 1A, 1B, 1C, 1D, 1E, 2, 3, 4, and
5, the boundaries of which are defined
in DRBC’s Water Quality Regulations
(18 CFR Part 410), available on the Web
at https://www.state.nj.us/drbc/regs/
WQRegs_092607.pdf. The 2008
Assessment will continue, however, to
include subunits within Zone 6 that are
defined in part by shellfish management
directives issued by the States of
Delaware and New Jersey. The 2010
Assessment will continue this process
and also will include consideration of
biological monitoring results.
June 17, 2009.
Pamela M. Bush,
Commission Secretary.
[FR Doc. E9–14749 Filed 6–23–09; 8:45 am]
BILLING CODE 6360–01–P
DEPARTMENT OF EDUCATION
Submission for OMB Review;
Comment Request
Department of Education.
The Acting Director,
Information Collection Clearance
Division, Regulatory Information
Management Services, Office of
Management invites comments on the
submission for OMB review as required
by the Paperwork Reduction Act of
1995.
DATES: Interested persons are invited to
submit comments on or before July 24,
2009.
ADDRESSES: Written comments should
be addressed to the Office of
Information and Regulatory Affairs,
AGENCY:
SUMMARY:
E:\FR\FM\24JNN1.SGM
24JNN1
Agencies
[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30056-30057]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14836]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Intent To Prepare an Environmental Impact Statement on an
Application for a Department of the Army Permit Under Section 404 of
the Clean Water Act by The Sabine Mining Company for the Construction,
Operation, and Reclamation of the South Hallsville No. 1 Lignite Mine--
Rusk Permit Area, Rusk, Panola, and Harrison Counties, TX
AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers, Fort Worth District (USACE)
has received an application for a Department of the Army permit under
Section 404 of the Clean Water Act (CWA) from The Sabine Mining Company
(SMC) to construct, operate, and reclaim the South Hallsville No. 1
Lignite Mine--Rusk Permit Area. In accordance with the National
Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), the
USACE has determined that issuance of such a permit may have a
significant impact on the quality of the human environment and,
therefore, requires the preparation of an Environmental Impact
Statement (EIS).
The USACE intends to prepare an EIS to assess the environmental,
social, and economic effects of issuance of a Department of the Army
permit under Section 404 of the CWA for discharges of dredged and fill
material into waters of the United States (U.S.) associated with the
construction of the proposed surface lignite mine. In the EIS, the
USACE will assess potential impacts associated with a range of
alternatives.
DATES: A public scoping meeting will be held on Tuesday, July 7, 2009,
from 5 p.m. to 8 p.m. The purpose of this meeting is to disseminate
information about the proposed project and its potential effects to the
human environment, and to seek public comments on the scope of the
proposed project.
ADDRESSES: The public scoping meeting will be held at the Tatum Middle
School, 410 North Hill, Tatum, Texas.
FOR FURTHER INFORMATION CONTACT: For further information and/or
questions about the proposed action and EIS, please contact Ms.
Jennifer R. Walker, Regulatory Permits Section Chief, by letter at
Regulatory Branch, CESWF-PER-R, U.S. Army Corps of Engineers, P.O. Box
17300, Fort Worth, TX 76102-0300 or by telephone at (817) 886-1863.
SUPPLEMENTARY INFORMATION: 1. Description of the Proposed Project: The
proposed South Hallsville No. 1 Lignite Mine--Rusk Permit Area would be
located approximately 1 mile north of the City of Tatum, Rusk County,
Texas. The approximately 20,377-acre mine site would recover
approximately 130 million tons of lignite during the 30-year life of
the mine, for sole use at the existing H.W. Pirkey Power Plant, which
is owned and operated by American Electric Power (AEP). Overall, the
proposed project would result in adverse impacts to approximately 300
acres of waters of the U.S., including approximately 186 acres of
wetlands, 65 acres of ponds, and approximately 349,320 linear feet of
streams, including a navigable reach of the Sabine River. Adverse
impacts would occur in conjunction with the removal and stockpiling of
overburden and interburden in an effort to recover approximately 90% of
the in-place tonnage. As part of this project, several public roads,
approximately 400 gas wells, and approximately 350 miles of pipeline
would require modification. Other potential adverse effects associated
with this project would include loss of forested floodplain and upland
habitats, impacts to archeological sites, relocation of residential
dwellings and one cemetery, and cumulative effects associated with the
operation of four surface lignite mines within an approximately 20-mile
radius.
2. Alternatives: Alternatives available to the USACE are to: (1)
Issue the Department of the Army permit; (2) issue the Department of
the Army permit with special conditions; or (3) deny the Department of
the Army permit. Alternatives available to SMC include: (1) Construct,
operate, and
[[Page 30057]]
reclaim the South Hallsville No. 1 Lignite Mine--Rusk Permit Area as
proposed by SMC; (2) construct, operate, and reclaim the South
Hallsville No. 1 Lignite Mine--Rusk Permit Area with modifications; (3)
develop or acquire other lignite supply sources; or (4) no action.
3. Scoping and Public Involvement Process: A public scoping meeting
to disseminate information about the proposed project and its potential
effects to the human environment, and to seek public comments on the
proposed project will be conducted (see DATES & ADDRESSES). A Public
Notice will be issued June 23, 2009, to extend the opportunity for
Federal, State, and local agencies and officials, and interested
individuals to further comment on the proposed project and the scope of
the EIS.
4. Significant Issues: Issues to be given significant analysis in
the EIS are likely to include, but will not be limited to: The effects
to surface water and groundwater resources, including water quantity
and quality, effects on the immediate and adjacent property owners and
nearby communities, downstream hydraulics and hydrology, geologic
resources, vegetation, fish and wildlife, threatened and endangered
species, soils, prime farmland, noise, light, aesthetics, historic and
pre-historic cultural resources, socioeconomics, land use, public
roads, and air quality.
5. Cooperating Agencies: At this time, no other Federal or State
agencies have been established as cooperating agencies in preparation
of the EIS. However, numerous federal and state agencies, including the
U.S. Environmental Protection Agency, the U.S. Fish and Wildlife
Service, the Texas Commission on Environmental Quality, the Texas Parks
and Wildlife Department, the Railroad Commission of Texas, and the
Texas Historical Commission are expected to be involved in the
preparation of, and provide comments on, the EIS.
6. Additional Review and Consultation: Compliance with other
Federal and State requirements that will be addressed in the EIS
include, but will not be limited to, state water quality certification
under Section 401 of the Clean Water Act, protection of water quality
under the Texas Pollutant Discharge Elimination System, protection of
air quality under the Texas Air Quality Act, protection of endangered
and threatened species under Section 7 of the Endangered Species Act,
and protection of cultural resources under Section 106 of the National
Historic Preservation Act.
7. Availability of the Draft EIS: The Draft EIS is projected to be
available by August 2009. A public hearing will be conducted following
the release of the Draft EIS.
Stephen L. Brooks,
Chief, Regulatory Branch.
[FR Doc. E9-14836 Filed 6-23-09; 8:45 am]
BILLING CODE 3720-58-P