Scoria Mining Addition, Medicine Bow-Routt National Forests and Thunder Basin National Grassland; Campbell County, WY, 35398-35399 [2011-15050]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service

[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Notices]
[Pages 35398-35399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15050]


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DEPARTMENT OF AGRICULTURE

Forest Service


Scoria Mining Addition, Medicine Bow-Routt National Forests and 
Thunder Basin National Grassland; Campbell County, WY

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Forest Service proposes to authorize Thunder Basin Coal 
Company, LLC to expand the area of its existing scoria gravel pit 
development to include public domain minerals on parcels of National 
Forest System (NFS) lands on Thunder Basin National Grassland. NFS 
lands within the analysis area include portions of Sections 11-14 and 
23-25, T43N R70W, 6th Principal Meridian, Campbell County.

DATES: Comments concerning the project or the scope of the planned 
environmental analysis must be received by July 20, 2011. The draft 
environmental impact statement (DEIS) is expected to be available by 
October 2011, and the final environmental impact statement (FEIS) is 
expected to be completed by April 2012.

ADDRESSES: Send written comments to Richard A. Cooksey, Deputy Forest 
Supervisor, Medicine Bow-Routt National Forests and Thunder Basin 
National Grassland, 2250 East Richards Street, Douglas, Wyoming 82633, 
or e-mail comments to comments-rm-mbr-douglas-thunder-basin@fs.fed.us.
    All comments, including names and addresses of commenters, when 
provided, are placed in the record and are available for public 
inspection and copying. The public may review the comments at the 
Douglas Ranger District at the address noted above. Visitors are 
encouraged to call ahead to (307) 358-4690 to facilitate entry into the 
building.

FOR FURTHER INFORMATION, CONTACT: Peter Rose, Solid Minerals Project 
Manager, Douglas Ranger District, 2250 East Richards St, Douglas, WY 
82633, (307) 358-4690.
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION: Federal coal lessee, Thunder Basin Coal 
Company, LLC (TBCC), filed with the USDA, Forest Service a request for 
authorization to access and mine aggregate material (scoria) on NFS 
lands. The purpose of this action is to ensure that an adequate supply 
of aggregate material is available for road construction and 
maintenance in order to support required maintenance and changes in 
infrastructure necessary for the uninterrupted mining of their Federal 
coal lease.
    The Forest Service proposes to authorize TBCC to remove scoria from 
NFS lands from an area totaling approximately 459 acres. The analysis 
will also include 566 acres of private surface lands. The total lands 
encumbered by mining activity will not include the total above acreage 
all at one time but will encumber only those lands reasonably needed 
for the existing scoria mining and will progress over a 10- to 15-year 
timeframe. Scoria removal will occur in small incremental sections of 
approximately 10 acres in size, not to exceed 20 acres in any given 
year, for the purpose of using that scoria on adjacent roads needed for 
coal mining operations. As the scoria mining moves forward, TBCC will 
reclaim lands equivalent to the amount of acreage that is being mined. 
It should be noted that not all lands within the analysis area will be 
mined. Only those acres that have the potential for scoria material 
will be disturbed during the proposed mining project.
    Richard Cooksey, Deputy Forest Supervisor, Medicine Bow-Routt 
National Forests and Thunder Basin National Grassland, 2468 Jackson 
Street, Laramie, Wyoming 82070 is the Official responsible for making 
the decision on this action. The responsible Official will consider the 
results of the analysis and its findings and then document the final 
decision in a Record of Decision (ROD). The decision will include a 
determination on whether or not to authorize the Scoria Mining Addition 
to occur in the above described lands as proposed by the applicant 
(TBCC), or to

[[Page 35399]]

allow an alternative to the proposed action.
    In addition to this notice, the scoping process will include the 
distribution of letters to interested parties requesting comments on 
the proposed action, and a public notice will be published in area 
media.
    The Forest Service has identified the following preliminary issues: 
(1) Potential impacts to wildlife in the proposed project area; (2) 
potential impacts to the watershed; (3) potential impacts to cultural 
and paleontological resources; (4) potential impacts to adjacent 
private lands; and (5) potential impacts to livestock grazing permits 
on the National Grassland.
    This notice is to inform the public of the proposed action and 
invite the public to participate by providing any comments or 
information they may have concerning the proposal. This information 
will be used to identify important issues and determine the extent of 
the analysis necessary to make an informed decision on the proposal. 
Such issues will assist in the formulation of additional alternatives 
and the development of mitigation measures necessary to reduce impacts.
    A DEIS will be prepared for comment. The comment period on the DEIS 
will be 45 days from the date the Environmental Protection Agency 
publishes the notice of availability in the Federal Register.
    The Forest Service believes it is important to give reviewers 
notice of several court rulings related to public participation in the 
environmental review process. First, as a result of Vermont Yankee 
Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978), reviewers of 
DEISs 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. Also, in conjunction with 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), 
environmental objections that could be raised at the DEIS stage but 
that are not raised until after completion of the FEIS may be waived or 
dismissed by the courts. Because of these court rulings, it is very 
important that those interested in this proposed action participate by 
the close of the 45-day comment period so that comments and objections 
are made available to the Forest Service at a time when it can 
meaningfully consider them and respond to them in the FEIS.
    To assist the Forest Service in identifying and considering issues 
and concerns, comments on the DEIS should be as specific as possible to 
the proposed action. It is also helpful if comments refer to specific 
pages or chapters of the draft statement. Comments may also address the 
adequacy of the DEIS 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.

    Authority:  40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)
[FR Doc. 2011-15050 Filed 6-16-11; 8:45 am]
BILLING CODE 3410-11-P