Request for Determination of Valid Existing Rights Within the Daniel Boone National Forest, Kentucky, 53340-53342 [2010-21645]
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srobinson on DSKHWCL6B1PROD with NOTICES
53340
Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices
CFR subpart 2743 and the following
reservations to the United States:
1. A right-of-way thereon for ditches
or canals constructed by the authority of
the United States, Act of August 30,
1890 (43 U.S.C. 945).
2. All minerals, together with the right
to prospect for, mine, and remove such
deposits from the same under applicable
law and such regulations as the
Secretary of the Interior may prescribe
including all necessary access and exit
rights.
A conveyance would also be subject
to the following terms and conditions:
1. All valid existing rights.
2. An indemnification clause
protecting the United States from claims
arising out of the patentee’s use,
occupancy, or operations on the land.
3. A limited reversionary provision
stating that the title shall revert to the
United States upon a finding, after
notice and opportunity for a hearing,
that the patentee has not substantially
developed the lands in accordance with
the approved plan of development on or
before the date 5 years after the date of
conveyance. No portion of the land shall
under any circumstance revert to the
United States if any such portion has
been used for solid waste disposal or for
any other purpose which may result in
the disposal, placement, or release of
any hazardous substance.
Upon publication of this notice in the
Federal Register, the lands described
above are segregated from all other
forms of appropriation under the public
land laws, including the general mining
laws, except for conveyance under the
R&PP Act.
Classification Comments: Interested
parties may submit comments involving
the suitability of the land for the
expansion of the existing county
landfill. Comments on the classification
are restricted to whether the land is
physically suited for the proposal,
whether the use will maximize the
future use (or uses) of the land, whether
the use is consistent with local planning
and zoning, or whether the use is
consistent with state and Federal
programs.
Application Comments: Interested
parties may submit comments regarding
the specific use proposed in the
application, or any other factors not
directly related to the suitability of the
land for a county landfill.
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 us in your comment
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16:33 Aug 30, 2010
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to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. The BLM State Director will
review any adverse comments. In the
absence of any adverse comments, the
classification will become effective
November 1, 2010.
The lands will not be available for
conveyance until after the classification
becomes effective, and until a
determination of significance and
decision record have been signed for the
completed Environmental Assessment.
Authority: 43 CFR 2741.5(h).
Approved:
Jeff Rawson,
Associate State Director.
[FR Doc. 2010–21717 Filed 8–30–10; 8:45 am]
BILLING CODE 4310–DQ–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
Request for Determination of Valid
Existing Rights Within the Daniel
Boone National Forest, Kentucky
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Notice and request for comment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are providing opportunity for
the public to comment on a request for
a determination of valid existing rights
(VER) to conduct surface coal mining
operations on approximately 175 acres
of land owned by the U.S. Forest
Service within the Daniel Boone
National Forest in Clay County,
Kentucky.
SUMMARY:
We will accept electronic or
written comments until 4 p.m. Eastern
time on September 30, 2010. Requests
for an extension of the comment period
must be received by the same time.
ADDRESSES: You may submit comments
by any of the following methods:
• Mail/Hand-Deliver/Courier: Joseph
L. Blackburn, Director, Lexington Field
Office, 2675 Regency Road, Lexington,
Kentucky 40503.
• E-mail: jblackburn@osmre.gov.
For detailed instructions on
submitting comments, see ‘‘V. How do I
submit comments on the request?’’ in
the SUPPLEMENTARY INFORMATION section
of this document.
FOR FURTHER INFORMATION CONTACT:
Joseph L. Blackburn, Director, Lexington
Field Office, 2675 Regency Road,
Lexington, Kentucky 40503. Telephone:
DATES:
PO 00000
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Sfmt 4703
(859) 260–3900. Fax: (859) 260–8410. Email: jblackburn@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. What is the nature of the VER
determination request?
II. What legal requirements apply to this
request?
III. What information is available relevant to
the basis for the request?
IV. How will we process the request?
V. How do I submit comments on the
request?
I. What is the nature of the VER
determination request?
On June 7, 2010, the law offices of
Napier & Associates, P.S.C., submitted a
request on behalf of Jack Smith, Jerry
Smith and Leovie Smith, for a
determination of VER to conduct surface
coal mining operations on
approximately 175 acres of land owned
by the U.S. Forest Service within the
Daniel Boone National Forest in Clay
County, Kentucky. Jack Smith, et al. is
seeking a determination of VER
pursuant to the ‘‘good faith/all permits’’
standard in accordance with 30 CFR
761.16(b)(2).
II. What legal requirements apply to
this request?
Section 522(e)(2) of the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act), 30 U.S.C.
1272(e)(2), prohibits surface coal mining
operations on Federal lands within the
boundaries of any national forest, with
two exceptions. The first exception
pertains to surface operations and
impacts incidental to an underground
coal mine. The second relates to surface
operations on lands within national
forests west of the 100th meridian.
Neither of those exceptions applies to
the request now under consideration.
The introductory paragraph of section
522(e) also provides two general
exceptions to the prohibitions on
surface coal mining operations in that
section. Those exceptions apply to
operations in existence on the date of
enactment of the Act (August 3, 1977)
and to land for which a person has VER.
SMCRA does not define VER. We
subsequently adopted regulations
defining VER and clarifying that, for
lands that come under the protection of
30 CFR 761.11 and section 522(e) after
the date of enactment of SMCRA, the
applicable date is the date that the lands
came under protection, not August 3,
1977.
On December 17, 1999 (64 FR 70766–
70838), we adopted a revised definition
of VER, established a process for
submission and review of requests for
VER determinations, and otherwise
modified the regulations implementing
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Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices
section 522(e). At 30 CFR 761.16(a), we
published a table clarifying which
agency (OSM or the State regulatory
authority) is responsible for making VER
determinations and which definition
(State or Federal) will apply. That table
specifies that OSM is responsible for
VER determinations for Federal lands
within national forests and that the
Federal VER definition in 30 CFR 761.5
applies to those determinations.
At 30 CFR 761.16(b) we published the
information needed for OSM to make a
determination of VER, which includes
information required for a ‘‘property
rights demonstration’’ in accordance
with 30 CFR 761.16(b)(1) and the ‘‘good
faith/all permits’’ standard in
accordance with 30 CFR 761.16(b)(2) or
the ‘‘needed for and adjacent’’ standard
in accordance with 761.16(b)(3).
Jack Smith, et. al. is seeking a VER
determination pursuant to the ‘‘good
faith/all permits’’ standard in
accordance with 30 CFR 761.16(b)(2).
This standard requires the applicant to
show that it has obtained, or made a
good faith effort to obtain, all permits
and other authorizations required to
conduct surface coal mining operations,
before the land came under the
protection of 30 CFR 761.11(b).
srobinson on DSKHWCL6B1PROD with NOTICES
III. What information is available
relevant to the basis for the request?
The following information has been
submitted by Napier & Associates on
behalf of Jack Smith, Jerry Smith and
Leovie Smith:
1. A legal description of the land to
which the request pertains in the form
of a deed dated June 6, 1951, deed book
103, page 215, from Joe D. Smith and
Mallie Smith, to A.C. Smith, Jack Smith,
and Jerry Smith.
2. Several deeds documenting the
chain of title for the surface and mineral
estates subject to the VER request,
specifically a deed of Guardian dated
December 7, 1961, deed book 120, page
189, between Mallie Hyde, guardian of
the estates of Jack and Jerry Smith,
minors, the sellers, and A.C. Smith, the
purchaser; a deed dated March 8, 1969,
deed book 133, page 163, between A.C.
Smith and Leovie Smith and Darby and
Josephine Jackson; and a deed dated
December 1, 1977, deed book 158, page
457, between Darby and Josephine
Jackson and the United States of
America.
3. A letter, dated February 19, 1969,
from T.R. Frazier, District Ranger, to
Ambrose C. Smith, regarding a land
purchase option and contract.
4. A request for a mineral report
regarding Forest Service Tract 758 dated
September 22, 1976.
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16:33 Aug 30, 2010
Jkt 220001
5. A mineral report and Tract map
regarding U.S. Tract 758 on the DBNF
dated March 2, 1977, in Clay County,
Ky.
6. A Land Purchase Option and
Contract—Darby Jackson et. al. & USA
dated April 20, 1977, for Tract 758 on
the DBNF.
7. A survey plat of Tract 758 dated
August, 1977.
8. A map for a strip and auger mine
permit #09243–2 in the name of
Mountain Clay, Inc., dated May 15,
1970.
9. A Ky. DNR Strip mining permit
application, permit #3472–74, in the
name of Mark IV Coal Co., Inc., dated
October 30, 1974.
10. A Ky. DNR permit #3472–74 to
engage in strip mining of coal in the
name of Mark IV Coal Co., Inc., effective
November 12, 1974.
11. A bond release map in the name
of Mark IV Coal Co., Inc., permit #3472–
74, dated April 17, 1978.
12. Ky DNR Letter to USDA Forest
Service dated December 20, 1978,
indicating satisfactory reclamation on
the Mark IV Coal Co. Permit #3472–74.
IV. How will we process the request?
We received the request on June 7,
2010, and determined that it was
administratively complete on June 17,
2010. That review did not include an
assessment of the technical or legal
adequacy of the materials submitted
with the request.
The process by which we will further
review the request is set out in 30 CFR
761.16(d) and (e). As required by 30
CFR 761.16(d)(1), we are publishing this
notice to seek public comment on the
merits of the request. A similar notice
will also be published in a newspaper
of general circulation in Clay County,
Kentucky.
After the close of the comment period,
we will review the materials submitted
with the request, all comments received
in response to this and other notices,
and any other relevant, reasonably
available information to determine
whether the record is sufficiently
complete and adequate to support a
decision on the merits of the request. If
not, we will notify the requester, in
writing, explaining the inadequacy of
the record and requesting submittal,
within a specified time, of any material
needed to remedy the deficiency.
Once the record is complete and
adequate, we will determine whether
the requester has demonstrated VER for
the proposed surface coal mining
operations. Our decision document will
contain findings of fact and conclusions,
along with an explanation of the reasons
for our conclusions. We will publish a
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53341
notice of the decision in the Federal
Register and a newspaper of general
circulation in Clay County, Kentucky.
However, as provided in 30 CFR
761.16(d)(1)(iv), we will not make a
decision on the merits of the request, if,
by the close of the comment period
under this notice or the notice required
by 30 CFR 761.16(d)(3), a person with
a legal interest in the land to which the
request pertains initiates appropriate
legal action in the proper venue to
resolve any differences concerning the
validity or interpretation of the deed,
lease, easement, or other documents that
form the basis of the request.
V. How do I submit comments on the
request?
We will make the VER determination
request and associated materials
available to you for review as prescribed
in 30 CFR 842.16, except to the extent
that the confidentiality provisions of 30
CFR 773.6(d) apply. Subject to those
restrictions, you may review a copy of
the request for the VER determination
and all comments received in response
to this request at the Lexington Field
Office (see ADDRESSES). Documents
contained in the administrative record
are available for public review at the
Field Office during normal business
hours, Monday through Friday,
excluding holidays.
Electronic or Written Comments
If you wish to comment on the merits
of the request for a VER determination,
please send electronic or written
comments to us at the addresses above
(see ADDRESSES) by the close of the
comment period (see DATES). Under 30
CFR 761.16(d)(1)(vii), you may request a
30-day extension of the comment
period. Requests for extension of the
public comment period must be
submitted to the same addresses by the
date indicated.
If you submit comments by E-mail,
please include your name and return
address in your message. You may
contact the Lexington Field Office at
(859) 260–3900 if you wish to confirm
receipt of your message.
Public Availability of Comments
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 us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
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53342
Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices
Dated: June 30, 2010.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2010–21645 Filed 8–30–10; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF JUSTICE
srobinson on DSKHWCL6B1PROD with NOTICES
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
Notice is hereby given that on August
25, 2010, a proposed Consent Decree
(‘‘Consent Decree’’) in United States v.
City of Revere, Massachusetts, Civil
Action No. 1:10–cv–11460 was lodged
with the United States District Court for
the District of Massachusetts.
In a complaint, filed simultaneously
with the Decree, the United States
alleges that the City of Revere,
Massachusetts (‘‘City’’) violated Sections
301 and 308 of the Clean Water Act, 33
U.S.C. 1311 and 1318, as a result of
unauthorized discharges of pollutants
including raw sewage from the City’s
sanitary sewer system and its separate
storm sewer system, as well as a failure
to report sanitary sewer overflows to the
United States Environmental Protection
Agency. The proposed Consent Decree
resolves the United States’ claims for
civil penalties and injunctive relief, as
alleged in the complaint. Specifically,
the proposed Consent Decree requires
the City to implement remedial
measures, including necessary upgrades
to its sanitary sewer system and separate
storm sewer system, over a period of
approximately twelve years and at an
estimated cost of approximately $50
million. The Consent Decree also
requires the City to pay a $130,000 civil
penalty.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments relating to the Consent
Decree. Comments should be addressed
to the Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, United States
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. City of Revere, Massachusetts,
D.J. Ref. 90–5–1–1–09299.
The Consent Decree may be examined
at the Office of the United States
Attorney, One Courthouse Way, John
Joseph Moakley Courthouse, Boston,
Massachusetts 02210, and at U.S. EPA
Region 1, Office of Regional Counsel, 5
Post Office Square, Suite 100, Boston,
Massachusetts 02109. During the public
comment period, the Consent Decree
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16:33 Aug 30, 2010
Jkt 220001
may also be examined on the following
Department of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Consent Decree may also be obtained by
mail from the Consent Decree Library,
P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611 or
by faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
to cover the 25 cents per page
reproduction costs in the amount of
$16.25 (for Decree without appendix) or
$71.75 (for Decree with appendix)
payable to the U.S. Treasury or, if by email or fax, forward a check in that
amount to the Consent Decree Library at
the stated address.
Maureen Katz,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2010–21569 Filed 8–30–10; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
[CPCLO Order No. 003–2010]
Privacy Act of 1974; System of
Records
Federal Bureau of
Investigation, Department of Justice.
ACTION: Notice of a new system of
records.
AGENCY:
Pursuant to the Privacy Act of
1974 (5 U.S.C. 552a), the United States
Department of Justice (Department),
Federal Bureau of Investigation (FBI),
proposes to establish a new system of
records, the Data Integration and
Visualization System, JUSTICE/FBI–
021, to support and enhance data
search, integration, presentation, and
storage capabilities in support of the
FBI’s multifaceted mission.
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (11), the public is given
a 30-day period in which to comment.
Therefore, please submit any comments
by September 30, 2010.
ADDRESSES: The public, OMB, and
Congress are invited to submit any
comments to the Department of Justice,
Attn: Privacy Analyst, Office of Privacy
and Civil Liberties, U.S. Department of
Justice, National Place Building, 1331
Pennsylvania Ave, NW., Suite 940,
Washington, DC 20530–0001, or by
facsimile at 202–307–0693.
FOR FURTHER INFORMATION CONTACT: Erin
Page, Assistant General Counsel,
SUMMARY:
PO 00000
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Privacy and Civil Liberties Unit, Office
of the General Counsel, FBI,
Washington, DC 20535–0001, telephone
202–324–3000.
SUPPLEMENTARY INFORMATION: Threats
from terrorism, espionage, cyber attacks
and more traditional crimes continue to
jeopardize the well-being of our nation
and its citizens while criminals
continue to find new and inventive
ways to carry out their reprehensible
activities. To stay ahead of the threats
the FBI continually searches for ways to
more effectively understand the danger
posed by those who threaten harm. The
FBI has available a number of lawfully
collected databases that allow it to
conduct investigations and analyze
intelligence for this purpose.
Historically, FBI personnel searched
individual databases to extract relevant
information and then compared the
extract to other available information in
order to form a more complete and
accurate threat picture. This was a timeconsuming process and led to possible
gaps in the collated information.
Continued threats to the national
security of the United States and
criminal events have strengthened the
FBI’s resolve to develop more efficient
methods to analyze FBI data. The Data
Integration and Visualization System,
DIVS, will allow authorized system
users to more effectively search,
integrate, display, maintain, and record
relevant information in support of the
FBI’s multifaceted mission. DIVS will
provide users with the ability to
simultaneously conduct searches across
several databases, extract information,
and present the integrated results in a
format that the user may sort and
display in various modes. In order to do
this, DIVS will contain replications of
some databases while providing the
ability to perform federated queries
across other databases. DIVS will allow
users to save their queries as well as
create a separate record of relevant
identifiers and information. One of the
results of DIVS will be a new set of
records that offers an enhanced view of
information already contained in FBI
holdings.
DIVS will provide a single user
interface that incorporates the rules of
behavior for FBI information systems,
tools to ensure access controls based on
roles and data attributes, entity
resolution and appropriate metadata
tagging. These tools will help ensure
data accuracy and reliability.
To enhance the flexibility of the
system, DIVS includes a variety of
routine uses that the FBI has used
successfully in sharing information from
its other record systems. The FBI will
E:\FR\FM\31AUN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Notices]
[Pages 53340-53342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21645]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
Request for Determination of Valid Existing Rights Within the
Daniel Boone National Forest, Kentucky
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Notice and request for comment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are providing opportunity for the public to comment on a request
for a determination of valid existing rights (VER) to conduct surface
coal mining operations on approximately 175 acres of land owned by the
U.S. Forest Service within the Daniel Boone National Forest in Clay
County, Kentucky.
DATES: We will accept electronic or written comments until 4 p.m.
Eastern time on September 30, 2010. Requests for an extension of the
comment period must be received by the same time.
ADDRESSES: You may submit comments by any of the following methods:
Mail/Hand-Deliver/Courier: Joseph L. Blackburn, Director,
Lexington Field Office, 2675 Regency Road, Lexington, Kentucky 40503.
E-mail: jblackburn@osmre.gov.
For detailed instructions on submitting comments, see ``V. How do I
submit comments on the request?'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: Joseph L. Blackburn, Director,
Lexington Field Office, 2675 Regency Road, Lexington, Kentucky 40503.
Telephone: (859) 260-3900. Fax: (859) 260-8410. E-mail:
jblackburn@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. What is the nature of the VER determination request?
II. What legal requirements apply to this request?
III. What information is available relevant to the basis for the
request?
IV. How will we process the request?
V. How do I submit comments on the request?
I. What is the nature of the VER determination request?
On June 7, 2010, the law offices of Napier & Associates, P.S.C.,
submitted a request on behalf of Jack Smith, Jerry Smith and Leovie
Smith, for a determination of VER to conduct surface coal mining
operations on approximately 175 acres of land owned by the U.S. Forest
Service within the Daniel Boone National Forest in Clay County,
Kentucky. Jack Smith, et al. is seeking a determination of VER pursuant
to the ``good faith/all permits'' standard in accordance with 30 CFR
761.16(b)(2).
II. What legal requirements apply to this request?
Section 522(e)(2) of the Surface Mining Control and Reclamation Act
of 1977 (SMCRA or the Act), 30 U.S.C. 1272(e)(2), prohibits surface
coal mining operations on Federal lands within the boundaries of any
national forest, with two exceptions. The first exception pertains to
surface operations and impacts incidental to an underground coal mine.
The second relates to surface operations on lands within national
forests west of the 100th meridian. Neither of those exceptions applies
to the request now under consideration.
The introductory paragraph of section 522(e) also provides two
general exceptions to the prohibitions on surface coal mining
operations in that section. Those exceptions apply to operations in
existence on the date of enactment of the Act (August 3, 1977) and to
land for which a person has VER. SMCRA does not define VER. We
subsequently adopted regulations defining VER and clarifying that, for
lands that come under the protection of 30 CFR 761.11 and section
522(e) after the date of enactment of SMCRA, the applicable date is the
date that the lands came under protection, not August 3, 1977.
On December 17, 1999 (64 FR 70766-70838), we adopted a revised
definition of VER, established a process for submission and review of
requests for VER determinations, and otherwise modified the regulations
implementing
[[Page 53341]]
section 522(e). At 30 CFR 761.16(a), we published a table clarifying
which agency (OSM or the State regulatory authority) is responsible for
making VER determinations and which definition (State or Federal) will
apply. That table specifies that OSM is responsible for VER
determinations for Federal lands within national forests and that the
Federal VER definition in 30 CFR 761.5 applies to those determinations.
At 30 CFR 761.16(b) we published the information needed for OSM to
make a determination of VER, which includes information required for a
``property rights demonstration'' in accordance with 30 CFR
761.16(b)(1) and the ``good faith/all permits'' standard in accordance
with 30 CFR 761.16(b)(2) or the ``needed for and adjacent'' standard in
accordance with 761.16(b)(3).
Jack Smith, et. al. is seeking a VER determination pursuant to the
``good faith/all permits'' standard in accordance with 30 CFR
761.16(b)(2). This standard requires the applicant to show that it has
obtained, or made a good faith effort to obtain, all permits and other
authorizations required to conduct surface coal mining operations,
before the land came under the protection of 30 CFR 761.11(b).
III. What information is available relevant to the basis for the
request?
The following information has been submitted by Napier & Associates
on behalf of Jack Smith, Jerry Smith and Leovie Smith:
1. A legal description of the land to which the request pertains in
the form of a deed dated June 6, 1951, deed book 103, page 215, from
Joe D. Smith and Mallie Smith, to A.C. Smith, Jack Smith, and Jerry
Smith.
2. Several deeds documenting the chain of title for the surface and
mineral estates subject to the VER request, specifically a deed of
Guardian dated December 7, 1961, deed book 120, page 189, between
Mallie Hyde, guardian of the estates of Jack and Jerry Smith, minors,
the sellers, and A.C. Smith, the purchaser; a deed dated March 8, 1969,
deed book 133, page 163, between A.C. Smith and Leovie Smith and Darby
and Josephine Jackson; and a deed dated December 1, 1977, deed book
158, page 457, between Darby and Josephine Jackson and the United
States of America.
3. A letter, dated February 19, 1969, from T.R. Frazier, District
Ranger, to Ambrose C. Smith, regarding a land purchase option and
contract.
4. A request for a mineral report regarding Forest Service Tract
758 dated September 22, 1976.
5. A mineral report and Tract map regarding U.S. Tract 758 on the
DBNF dated March 2, 1977, in Clay County, Ky.
6. A Land Purchase Option and Contract--Darby Jackson et. al. & USA
dated April 20, 1977, for Tract 758 on the DBNF.
7. A survey plat of Tract 758 dated August, 1977.
8. A map for a strip and auger mine permit 09243-2 in the
name of Mountain Clay, Inc., dated May 15, 1970.
9. A Ky. DNR Strip mining permit application, permit 3472-
74, in the name of Mark IV Coal Co., Inc., dated October 30, 1974.
10. A Ky. DNR permit 3472-74 to engage in strip mining of
coal in the name of Mark IV Coal Co., Inc., effective November 12,
1974.
11. A bond release map in the name of Mark IV Coal Co., Inc.,
permit 3472-74, dated April 17, 1978.
12. Ky DNR Letter to USDA Forest Service dated December 20, 1978,
indicating satisfactory reclamation on the Mark IV Coal Co. Permit
3472-74.
IV. How will we process the request?
We received the request on June 7, 2010, and determined that it was
administratively complete on June 17, 2010. That review did not include
an assessment of the technical or legal adequacy of the materials
submitted with the request.
The process by which we will further review the request is set out
in 30 CFR 761.16(d) and (e). As required by 30 CFR 761.16(d)(1), we are
publishing this notice to seek public comment on the merits of the
request. A similar notice will also be published in a newspaper of
general circulation in Clay County, Kentucky.
After the close of the comment period, we will review the materials
submitted with the request, all comments received in response to this
and other notices, and any other relevant, reasonably available
information to determine whether the record is sufficiently complete
and adequate to support a decision on the merits of the request. If
not, we will notify the requester, in writing, explaining the
inadequacy of the record and requesting submittal, within a specified
time, of any material needed to remedy the deficiency.
Once the record is complete and adequate, we will determine whether
the requester has demonstrated VER for the proposed surface coal mining
operations. Our decision document will contain findings of fact and
conclusions, along with an explanation of the reasons for our
conclusions. We will publish a notice of the decision in the Federal
Register and a newspaper of general circulation in Clay County,
Kentucky.
However, as provided in 30 CFR 761.16(d)(1)(iv), we will not make a
decision on the merits of the request, if, by the close of the comment
period under this notice or the notice required by 30 CFR 761.16(d)(3),
a person with a legal interest in the land to which the request
pertains initiates appropriate legal action in the proper venue to
resolve any differences concerning the validity or interpretation of
the deed, lease, easement, or other documents that form the basis of
the request.
V. How do I submit comments on the request?
We will make the VER determination request and associated materials
available to you for review as prescribed in 30 CFR 842.16, except to
the extent that the confidentiality provisions of 30 CFR 773.6(d)
apply. Subject to those restrictions, you may review a copy of the
request for the VER determination and all comments received in response
to this request at the Lexington Field Office (see ADDRESSES).
Documents contained in the administrative record are available for
public review at the Field Office during normal business hours, Monday
through Friday, excluding holidays.
Electronic or Written Comments
If you wish to comment on the merits of the request for a VER
determination, please send electronic or written comments to us at the
addresses above (see ADDRESSES) by the close of the comment period (see
DATES). Under 30 CFR 761.16(d)(1)(vii), you may request a 30-day
extension of the comment period. Requests for extension of the public
comment period must be submitted to the same addresses by the date
indicated.
If you submit comments by E-mail, please include your name and
return address in your message. You may contact the Lexington Field
Office at (859) 260-3900 if you wish to confirm receipt of your
message.
Public Availability of Comments
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 us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
[[Page 53342]]
Dated: June 30, 2010.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2010-21645 Filed 8-30-10; 8:45 am]
BILLING CODE 4310-05-P
