Supplemental Environmental Impact Statement, Mingo County, WV, 3836-3837 [2012-1495]
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Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Notices
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Jkt 226001
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[FR Doc. 2012–1561 Filed 1–24–12; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
DEPARTMENT OF THE ARMY
Corps of Engineers
Supplemental Environmental Impact
Statement, Mingo County, WV
Federal Highway
Administration (FHWA), DOT. U.S.
Army Corps of Engineers (USACE),
DoD.
ACTION: Notice of intent to prepare a
supplemental environmental impact
statement.
AGENCY:
The Federal Highway
Administration (FHWA) and the United
States Department of the Army Corps of
Engineers (USACE) in cooperation with
the West Virginia Division of Highways
(WVDOH) will prepare a Supplemental
Environmental Impact Statement (SEIS)
to evaluate the impacts of the proposed
Delbarton to Belo portion of the King
Coal Highway 2000 FEIS and the
Buffalo Mountain Surface Mine Clean
Water Act Section 404 Permit
Application. The FHWA and USACE are
joint-lead federal agencies on this
project and are evaluating federal
actions. FHWA is evaluating a location
shift of a portion of the alignment
between the West Virginia towns of
Delbarton and Belo described in the
2000 FEIS and approved in the 2000
ROD. The USACE is evaluating a Clean
Water Act (CWA) Section 404
Individual Permit (IP) application
submitted by Consol of Kentucky, Inc.
(CONSOL), for the discharge of fill
material into waters of the United States
(U.S.) in conjunction with the
construction and operation of the
Buffalo Mountain Surface Mine.
DATES: To ensure that a full range of
issues related to the proposed action are
addressed and all significant issues
SUMMARY:
AGENCY:
SUMMARY:
following link: https://
www.socialsecurity.gov/sci.
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
identified, comments and suggestions
are invited from all interested parties.
Comments and suggestions concerning
the proposed action and the SEIS
should be submitted to FHWA, the
USACE or WVDOH
(www.transportation.wv.gov) at the
address below within 30 days to ensure
timely consideration.
FOR FURTHER INFORMATION CONTACT:
Thomas Smith, Division Administrator,
Federal Highway Administration, 700
Washington Street E., Charleston, WV
25301; telephone: (304) 347–5928;
email: Thomas.Smith@dot.gov. Ginger
Mullins, Chief, Regulatory Branch, U.S.
Army Corps of Engineers, 502 Eighth
Street, Huntington, WV 25701–2070;
telephone: (304) 399–5610; email:
ginger.mullins@usace.army.mil. Greg E.
Bailey, P.E., Director Engineering
Division, WVDOH, State Capitol
Complex, Building 5, 1900 Kanawha
Boulevard, East, Charleston, WV 26305;
telephone: (304) 558–9722; email:
Gregory.L.Bailey@wv.gov.
SUPPLEMENTARY INFORMATION:
1. Description of the Proposed
Action—CONSOL proposes to extract
coal within the vicinity of Delbarton
and Belo for the proposed Buffalo
Mountain Surface Mine. The
construction and operation of the
Buffalo Mountain Surface Mine will
require the discharge of fill material into
waters of the U.S.; therefore, CONSOL is
required to obtain a CWA Section 404
IP. In 2008, CONSOL submitted an
application for a CWA Section 404 IP,
and the USACE issued Public Notice
2008–491 on December 3, 2008. The
USACE is currently processing the
Department of Army (DA) permit
application (LRH–2008–491–TUG).
The King Coal Highway is a series of
transportation improvements stretching
for 94 miles in southern West Virginia.
The approximate length of the Delbarton
to Belo portion of the project is 7 miles.
The King Coal Highway is also part of
the I–73/74 National Highway System
(NHS) Corridor. A Final Environmental
Impact Statement (FEIS) for the entire
King Coal Highway was approved by
FHWA in June 2000 and a Record of
Decision (ROD) was issued on August
24, 2000. Sections of the overall project
are complete and open to traffic and a
few others are currently under
construction. Due to the limited
availability of federal and state funding
for the King Coal Highway, however,
much of the highway alignment has not
been constructed.
Since the issuance of the ROD, an
opportunity for a joint development
initiative was identified during
CONSOL’s development of a plan to
E:\FR\FM\25JAN1.SGM
25JAN1
srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Notices
extract mineable coal reserves between
the towns of Delbarton and Belo, Mingo
County, West Virginia. A joint
development initiative would
incorporate the approved highway
project into the post-mining land use
plan of CONSOL’s proposed Buffalo
Mountain Surface Mine, and it would
allow future highway construction to
occur on land disturbed by a surface
mine operation. In addition, the
opportunity to combine the adjacent
King Coal Highway and the Buffalo
Mountain Surface Mine project areas
would limit the resource impacts from
each project to one location as well as
minimize highway construction costs.
The joint development initiative
requires the portion of the King Coal
Highway Corridor between Delbarton
and Belo to be shifted eastward beyond
the previously approved corridor
alignment, and requires the WVDOH
and FHWA to re-evaluate the June 2000
King Coal Highway EIS.
The SEIS will review information
from the King Coal Highway FEIS/ROD,
incorporate new information, update the
impacts analysis, and assess impacts not
previously evaluated in the FEIS/ROD.
To streamline federal processes, the
SEIS will also include the USACE’s
NEPA evaluation of DA permit
application LRH–2008–491–TUG.
2. Alternatives—Alternatives
available to FHWA for the proposed
project are the no-build alternative,
highway construction on new alignment
within the Original King Coal Highway
Corridor (i.e., the selected alternative
from the 2000 ROD), or a joint
development initiative (i.e.,
construction of a new highway
alignment within the Buffalo Mountain
Surface Mine).
Alternatives available to the USACE
for the proposed project are issue the
permit, issue the permit with special
conditions, or deny the permit.
3. Scoping and Review Process
–Throughout the course of the project,
scoping and public involvement efforts
for the original King Coal Highway
Project have included: (1) A formal
scoping meeting on September 16, 1999;
(2) agency resource meetings for the
King Coal Highway Project on October
13, 1995, and January 29, 1997; and, (3)
public information workshops/public
hearings on November 9, 1992,
November 10, 1992, November 17, 1992,
November 24, 1992, May 18, 1998, May
20, 1998, May 27, 1998, February 28,
2000, February 29, 2000, March 2, 2000,
March 13, 2000, March 14, 2000, and
March 16, 2000.
There have also been several public
outreach activities associated with the
Buffalo Mountain Surface Mine. These
VerDate Mar<15>2010
18:09 Jan 24, 2012
Jkt 226001
include multiple meetings with the
Pigeon Creek Watershed Association
between January 2007 and April 2008,
a meeting with officials from the Town
of Delbarton in October 2008, and
agency coordination meetings with the
USACE, U.S. Environmental Protection
Agency (USEPA), FHWA, and West
Virginia Department of Environmental
Protection (WVDEP) between June 2008
and February 2010. In addition,
information on the joint development
initiative was presented at public
meetings on December 11, 2008, and
November 17, 2011.
Agency and public scoping meetings
will be held during the development of
the SEIS. The public scoping meeting
will be announced a minimum of 15
days in advance of the meeting. The
WVDOH will provide information for
the public meeting, including date, time
and location, on their Web site and by
newspaper advertisement. The USACE
will issuance the public meeting
information via Public Notice.
4. Significant Issues—Based on
preliminary information, the issues to
be analyzed in the SEIS are likely to
include, but are not limited to, the
effects to surface water and groundwater
resources, including aquatic habitat,
water quantity and quality; wetlands;
effects on the immediate and adjacent
property owners and nearby
communities; downstream hydraulics
and hydrology; geologic resources;
vegetation and forestland; fish and
wildlife; threatened and endangered
species; socioeconomics; land use;
transportation impacts; and cumulative
and secondary effects.
5. Additional Review and
Consultation—The SEIS will comply
with other Federal and State
requirements including, but not limited
to, the Safe, Accountable, Flexible,
Efficient Transportation Act: A Legacy
for Users (SAFETEA–LU); State water
quality certification under Section 401
of the CWA; protection of water quality
under the West Virginia/National
Pollutant Discharge Elimination System;
protection of air quality under the West
Virginia Air Pollution Control 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.
6. Availability of the Draft SEIS—A
Draft SEIS will be available for public
review and comment. Individuals
interested in obtaining a copy of the
Draft SEIS for review should contact
either the FHWA or USACE. Comments
will also be accepted through the
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
3837
WVDOH Web site at the URL provided
above.
Authority: 23 U.S.C. 315; 49 CFR 1.48; 33
CFR Part 325.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Issued on: January 18, 2012.
Thomas J. Smith,
Division Administrator, Federal Highway
Administration, Charleston, West Virginia.
Robert D. Peterson,
Colonel, Corps of Engineers, Commanding.
[FR Doc. 2012–1495 Filed 1–24–12; 8:45 am]
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E:\FR\FM\25JAN1.SGM
25JAN1
]]>Agencies
[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Notices]
[Pages 3836-3837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1495]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
DEPARTMENT OF THE ARMY
Corps of Engineers
Supplemental Environmental Impact Statement, Mingo County, WV
AGENCY: Federal Highway Administration (FHWA), DOT. U.S. Army Corps of
Engineers (USACE), DoD.
ACTION: Notice of intent to prepare a supplemental environmental impact
statement.
-----------------------------------------------------------------------
SUMMARY: The Federal Highway Administration (FHWA) and the United
States Department of the Army Corps of Engineers (USACE) in cooperation
with the West Virginia Division of Highways (WVDOH) will prepare a
Supplemental Environmental Impact Statement (SEIS) to evaluate the
impacts of the proposed Delbarton to Belo portion of the King Coal
Highway 2000 FEIS and the Buffalo Mountain Surface Mine Clean Water Act
Section 404 Permit Application. The FHWA and USACE are joint-lead
federal agencies on this project and are evaluating federal actions.
FHWA is evaluating a location shift of a portion of the alignment
between the West Virginia towns of Delbarton and Belo described in the
2000 FEIS and approved in the 2000 ROD. The USACE is evaluating a Clean
Water Act (CWA) Section 404 Individual Permit (IP) application
submitted by Consol of Kentucky, Inc. (CONSOL), for the discharge of
fill material into waters of the United States (U.S.) in conjunction
with the construction and operation of the Buffalo Mountain Surface
Mine.
DATES: To ensure that a full range of issues related to the proposed
action are addressed and all significant issues identified, comments
and suggestions are invited from all interested parties. Comments and
suggestions concerning the proposed action and the SEIS should be
submitted to FHWA, the USACE or WVDOH (www.transportation.wv.gov) at
the address below within 30 days to ensure timely consideration.
FOR FURTHER INFORMATION CONTACT: Thomas Smith, Division Administrator,
Federal Highway Administration, 700 Washington Street E., Charleston,
WV 25301; telephone: (304) 347-5928; email: Thomas.Smith@dot.gov.
Ginger Mullins, Chief, Regulatory Branch, U.S. Army Corps of Engineers,
502 Eighth Street, Huntington, WV 25701-2070; telephone: (304) 399-
5610; email: ginger.mullins@usace.army.mil. Greg E. Bailey, P.E.,
Director Engineering Division, WVDOH, State Capitol Complex, Building
5, 1900 Kanawha Boulevard, East, Charleston, WV 26305; telephone: (304)
558-9722; email: Gregory.L.Bailey@wv.gov.
SUPPLEMENTARY INFORMATION:
1. Description of the Proposed Action--CONSOL proposes to extract
coal within the vicinity of Delbarton and Belo for the proposed Buffalo
Mountain Surface Mine. The construction and operation of the Buffalo
Mountain Surface Mine will require the discharge of fill material into
waters of the U.S.; therefore, CONSOL is required to obtain a CWA
Section 404 IP. In 2008, CONSOL submitted an application for a CWA
Section 404 IP, and the USACE issued Public Notice 2008-491 on December
3, 2008. The USACE is currently processing the Department of Army (DA)
permit application (LRH-2008-491-TUG).
The King Coal Highway is a series of transportation improvements
stretching for 94 miles in southern West Virginia. The approximate
length of the Delbarton to Belo portion of the project is 7 miles. The
King Coal Highway is also part of the I-73/74 National Highway System
(NHS) Corridor. A Final Environmental Impact Statement (FEIS) for the
entire King Coal Highway was approved by FHWA in June 2000 and a Record
of Decision (ROD) was issued on August 24, 2000. Sections of the
overall project are complete and open to traffic and a few others are
currently under construction. Due to the limited availability of
federal and state funding for the King Coal Highway, however, much of
the highway alignment has not been constructed.
Since the issuance of the ROD, an opportunity for a joint
development initiative was identified during CONSOL's development of a
plan to
[[Page 3837]]
extract mineable coal reserves between the towns of Delbarton and Belo,
Mingo County, West Virginia. A joint development initiative would
incorporate the approved highway project into the post-mining land use
plan of CONSOL's proposed Buffalo Mountain Surface Mine, and it would
allow future highway construction to occur on land disturbed by a
surface mine operation. In addition, the opportunity to combine the
adjacent King Coal Highway and the Buffalo Mountain Surface Mine
project areas would limit the resource impacts from each project to one
location as well as minimize highway construction costs. The joint
development initiative requires the portion of the King Coal Highway
Corridor between Delbarton and Belo to be shifted eastward beyond the
previously approved corridor alignment, and requires the WVDOH and FHWA
to re-evaluate the June 2000 King Coal Highway EIS.
The SEIS will review information from the King Coal Highway FEIS/
ROD, incorporate new information, update the impacts analysis, and
assess impacts not previously evaluated in the FEIS/ROD. To streamline
federal processes, the SEIS will also include the USACE's NEPA
evaluation of DA permit application LRH-2008-491-TUG.
2. Alternatives--Alternatives available to FHWA for the proposed
project are the no-build alternative, highway construction on new
alignment within the Original King Coal Highway Corridor (i.e., the
selected alternative from the 2000 ROD), or a joint development
initiative (i.e., construction of a new highway alignment within the
Buffalo Mountain Surface Mine).
Alternatives available to the USACE for the proposed project are
issue the permit, issue the permit with special conditions, or deny the
permit.
3. Scoping and Review Process -Throughout the course of the
project, scoping and public involvement efforts for the original King
Coal Highway Project have included: (1) A formal scoping meeting on
September 16, 1999; (2) agency resource meetings for the King Coal
Highway Project on October 13, 1995, and January 29, 1997; and, (3)
public information workshops/public hearings on November 9, 1992,
November 10, 1992, November 17, 1992, November 24, 1992, May 18, 1998,
May 20, 1998, May 27, 1998, February 28, 2000, February 29, 2000, March
2, 2000, March 13, 2000, March 14, 2000, and March 16, 2000.
There have also been several public outreach activities associated
with the Buffalo Mountain Surface Mine. These include multiple meetings
with the Pigeon Creek Watershed Association between January 2007 and
April 2008, a meeting with officials from the Town of Delbarton in
October 2008, and agency coordination meetings with the USACE, U.S.
Environmental Protection Agency (USEPA), FHWA, and West Virginia
Department of Environmental Protection (WVDEP) between June 2008 and
February 2010. In addition, information on the joint development
initiative was presented at public meetings on December 11, 2008, and
November 17, 2011.
Agency and public scoping meetings will be held during the
development of the SEIS. The public scoping meeting will be announced a
minimum of 15 days in advance of the meeting. The WVDOH will provide
information for the public meeting, including date, time and location,
on their Web site and by newspaper advertisement. The USACE will
issuance the public meeting information via Public Notice.
4. Significant Issues--Based on preliminary information, the issues
to be analyzed in the SEIS are likely to include, but are not limited
to, the effects to surface water and groundwater resources, including
aquatic habitat, water quantity and quality; wetlands; effects on the
immediate and adjacent property owners and nearby communities;
downstream hydraulics and hydrology; geologic resources; vegetation and
forestland; fish and wildlife; threatened and endangered species;
socioeconomics; land use; transportation impacts; and cumulative and
secondary effects.
5. Additional Review and Consultation--The SEIS will comply with
other Federal and State requirements including, but not limited to, the
Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for
Users (SAFETEA-LU); State water quality certification under Section 401
of the CWA; protection of water quality under the West Virginia/
National Pollutant Discharge Elimination System; protection of air
quality under the West Virginia Air Pollution Control 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.
6. Availability of the Draft SEIS--A Draft SEIS will be available
for public review and comment. Individuals interested in obtaining a
copy of the Draft SEIS for review should contact either the FHWA or
USACE. Comments will also be accepted through the WVDOH Web site at the
URL provided above.
Authority: 23 U.S.C. 315; 49 CFR 1.48; 33 CFR Part 325.
(Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this program.)
Issued on: January 18, 2012.
Thomas J. Smith,
Division Administrator, Federal Highway Administration, Charleston,
West Virginia.
Robert D. Peterson,
Colonel, Corps of Engineers, Commanding.
[FR Doc. 2012-1495 Filed 1-24-12; 8:45 am]
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