Grand Mesa, Uncompahgre and Gunnison National Forests; Colorado; Federal Coal Lease Modifications COC-1362 & COC-67232, 24673-24677 [2012-9920]
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Done at Washington, DC, on April 18,
2012.
Alfred V. Almanza,
Administrator.
[FR Doc. 2012–9797 Filed 4–19–12; 4:15 pm]
BILLING CODE 3410–DM–P
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Delegation of Authority From
the Regional Forester, Pacific
Southwest Region, to Forest
Supervisor, Eldorado National Forest,
for the El Dorado County Rubicon Trail
Forest Road and Trail Act Easement
Forest Service, USDA.
Notice.
AGENCY:
ACTION:
The Regional Forester, Pacific
Southwest Region, hereby delegates to
the Forest Supervisor, Eldorado
National Forest, authority to grant a
Forest Road and Trail Act easement to
El Dorado County for the Rubicon Trail.
DATES: April 19, 2012.
ADDRESSES: USDA Forest Service,
Pacific Southwest Region, 1323 Club
Drive, Vallejo, CA 94592.
FOR FURTHER INFORMATION CONTACT:
Ramiro Villalvazo, Director, Public
Services, (707) 562–8856.
SUMMARY:
Randy Moore,
Regional Forester.
[FR Doc. 2012–9945 Filed 4–24–12; 8:45 am]
BILLING CODE M
DEPARTMENT OF AGRICULTURE
Forest Service
Grand Mesa, Uncompahgre and
Gunnison National Forests; Colorado;
Federal Coal Lease Modifications
COC–1362 & COC–67232
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
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ACTION:
The Grand Mesa,
Uncompahgre and Gunnison National
Forests (GMUG) must decide whether or
not to consent to Bureau of Land
Management (BLM) modifying the
Federal Coal Leases COC–1362 and
COC–67232 by adding 800 and 922
SUMMARY:
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acres, respectively, to them. If the
GMUG does consent to lease, it will
prescribe conditions (as stipulations) for
the protection of non-mineral resources
Public comments for this project
were received between April 21 and
May 21, 2010 during the preparation of
an Environmental Assessment.
Comments received during that period
will be also be considered in this
analysis. These comments have
informed the issue analysis and
alternative development. Additionally,
the agency will continue to accept
public comments throughout the
preparation of the Draft Environmental
Impact Statement, which is estimated to
be released in May, 2012. The final
environmental impact statement is
expected in July, 2012.
DATES:
Written comments should
be addressed to Grand Mesa,
Uncompahgre, and Gunnison National
Forest, Attn: Forest Supervisor, 2250
HWY50, Delta, CO 81416. Comments
may also be sent via email to commentsrocky-mountain-gmug@fs.fed.us or via
facsimile to 970–874–6698.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Niccole Mortenson, 406–329–3163 or
nmortenson@fs.fed.us.
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
Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
Under 43 CFR part 3432 (as amended
by the Energy Policy Act of 2005), the
holder of a federal coal lease may apply
to modify a lease by adding up to 960
acres. The federal agencies are
responding to applications to modify
existing leases. The GMUG and BLM
have identified the need to consider
issuing two coal lease modifications for
federal coal lands immediately adjacent
to exiting federal coal leases COC–1362
and COC–67232. The purpose of the
lease modifications is to ensure that
compliant and super-compliant coal
reserves are recovered.
The BLM, charged with
administration of the mineral estate on
these Federal lands, is required, by law,
to consider leasing Federally-owned
minerals for economic recovery. The
USDA–Forest Service (FS), as the
surface management agency, considers
consenting to the BLM leasing reserves
underlying lands under its jurisdiction,
and prescribes stipulations for the
protection of non-mineral resources.
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24673
Proposed Action
Within the jurisdiction of the Forest
Service, the proposed action is to
consent to BLM modifying existing
federal coal leases COC–1362 and COC67232 by adding 800 and 922 additional
acres (respectively) to ensure that
compliant and super-compliant coal
reserves are recovered and not
bypassed, and to identify stipulations
for the protection of non-mineral (i.e.
surface) resources.
The proposed lease modifications are
located in Gunnison County, Colorado
in portions of sections 10, 11, 13, 14, 22,
23 of T.14S. R. 90W., 6th PM. The
modification areas include National
Forest System (NFS) surface lands
managed by the GMUG and the coal
estate managed by the BLM.
The proposed action deals primarily
with underground mining. It is assumed
that longwall mining practices would be
used. Surface disturbance may include
soil subsidence due to removal of the
coal. In the event that post-lease surface
activities are proposed and authorized,
other soil disturbance may occur due to
temporary road construction and
drilling of methane drainage wells. A
Reasonably Foreseeable Mine Plan
(RFMP) has been developed to address
potential environmental effects. It is
detailed to the extent possible and will
be included in the analysis.
Possible Alternatives
No Action Alternative—Analysis of
the No Action alternative is required by
CEQ 40 CFR 1502.14(d). Under the no
action alternative, the lease
modifications would not be approved,
and no mining would occur in these
specific areas. Impacts from mining coal
under these areas would not occur on
these lands, and the effects from ongoing land uses could continue
including coal mining activities such as
exploration and monitoring related to
mine activities, as well as continued
recreation and grazing. The land would
continue to be managed according to
Forest Plan standards, goals and
guidelines.
The Following is Common to All
Action Alternatives-Within the
jurisdiction of the Forest Service, the
proposed action is to consent to BLM
modifying existing federal coal leases
COC–1362 and COC–67232 by adding
800 and 922 additional acres
(respectively) to ensure that compliant
and super-compliant coal reserves are
recovered and not bypassed, and to
identify stipulations for the protection
of non-mineral (i.e. surface) resources.
The proposed action deals primarily
with underground mining. It is assumed
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that longwall mining practices would be
used. Minor surface disturbance would
occur on Forest Service lands as a result
of subsidence. In the event that postlease surface activities are proposed and
authorized, other soil disturbance may
occur due to temporary road
construction and drilling of methane
drainage wells. A Reasonably
Foreseeable Mine Plan (RFMP) has been
developed to address potential
environmental effects and is detailed to
the extent necessary without being
predecisional.
Stipulations for Action Alternatives
As part of the Proposed Action
alternative the GMUG Forest Supervisor
must decide if the existing stipulations
on the existing parent leases are
sufficient for the protection of nonmineral (i.e. surface) resources. If not,
additional stipulations that will provide
for the protection of non-mineral
resources must be prescribed. The list
below describes the stipulations on the
parent leases, and their applicability to
the lease modifications and additional
or modified stipulations identified for
the protection of visual resources
Canada lynx.
In accordance with Forest Service
Manual (FSM) 2820, the Standard
Notice for Lands under the Jurisdiction
of Agriculture is part of the parent
leases, and hence would apply to the
lease modifications. This Standard
Notice includes requirements for
Cultural and Paleontological Resources,
and Threatened and Endangered
Species is noted in the list below.
Further, the Standard Notice contains
the following language: ‘‘The permittee/
lessee must comply with all the rules
and regulations of the Secretary of
Agriculture set forth at Title 36, Chapter
II, of the Code of Federal Regulations
governing the use and management of
the National Forest System (NFS) when
not inconsistent with the rights granted
by the Secretary of Interior in the
permit. The Secretary of Agriculture’s
rules and regulations must be complied
with for (1) all use and occupancy of the
NFS prior to approval of an exploration
plan by the Secretary of the Interior, (2)
uses of all existing improvements, such
as forest development roads, within and
outside the area permitted by the
Secretary of the Interior, and (3) use and
occupancy of the NFS not authorized by
the permit/operation approved by the
Secretary of the Interior.’’
Cultural and Paleontological
Resources—The FS is responsible for
assuring that the leased lands are
examined to determine if cultural
resources are present and to specify
mitigation measures. Prior to
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undertaking any surface-disturbing
activities on the lands covered by this
lease, the lessee or operator, unless
notified to the contrary by the FS, shall:
Contact the FS to determine if a site
specific cultural resource inventory is
required. If a survey is required then:
• Engage the services of a cultural
resource specialist acceptable to the FS
to conduct a cultural resource inventory
of the area of proposed surface
disturbance. The operator may elect to
inventory an area larger than the area of
proposed disturbance to cover possible
site relocation which may result from
environmental or other considerations.
An acceptable inventory report is to be
submitted to the FS for review and
approval at the time a surface disturbing
plan of operation is submitted.
• Implement mitigation measures
required by the FS and BLM to preserve
or avoid destruction of cultural resource
values. Mitigation may include
relocation of proposed facilities, testing,
salvage, and recordation or other
protective measures. All costs of the
inventory and mitigation will be borne
by the lessee or operator, and all data
and materials salvaged will remain
under the jurisdiction of the U.S.
Government as appropriate.
• The lessee or operator shall
immediately bring to the attention of the
FS and BLM any cultural or
paleontological resources or any other
objects of scientific interest discovered
as a result of surface operations under
this license, and shall leave such
discoveries intact until directed to
proceed by FS and BLM.
Endangered or Threatened Species—
The FS is responsible for assuring that
the leased land is examined prior to
undertaking any surface-disturbing
activities to determine effects upon any
plant or animal species listed or
proposed for listing as endangered or
threatened, or their habitats. The
findings of this examination may result
in some restrictions to the operator’s
plans or even disallow use and
occupancy that would be in violation of
the Endangered Species Act of 1973 by
detrimentally affecting endangered or
threatened species or their habitats. The
lessee/operator may, unless notified by
the FS that the examination is not
necessary, conduct the examination on
the leased lands at his discretion and
cost. This examination must be done by
or under the supervision of a qualified
resource specialist approved by the FS.
An acceptable report must be provided
to the FS identifying the anticipated
effects of a proposed action on
endangered or threatened species or
their habitats.
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If there is reason to believe that
Sensitive, Threatened or Endangered
species of plants or animals, or
migratory bird species of high Federal
interest are present, or become present
in the lease area, the Lessee/Operator
shall be required to conduct an
intensive field inventory of the area to
be disturbed and/or impacted. The
inventory shall be conducted by a
qualified specialist, and a report of
findings prepared. A plan will be made
that recommends protection for these
species or action necessary to mitigate
the disturbance. The cost of conducting
such inventory, preparing reports and
carrying out mitigation measures shall
be borne by the Lessee/Operator.
Canada Lynx—To comply with the
GMUG Forest Plan 2008 amendment,
the following special constraints will
apply if surface use on the lease is
proposed in lynx habitat:
• Winter access will be limited to
designated routes.
Further, should surface-disturbing
operations be proposed on the lease in
lynx habitat, the following special
constraints may apply, depending on
site-specific circumstances:
• Remote monitoring of the
development sites and facilities may be
required to reduce snow compaction.
• A reclamation plan (e.g. road
reclamation and vegetation
rehabilitation) for sites and facilities
that promotes the restoration of lynx
habitat may be required.
• Public motorized use on new roads
constructed for project-specific
purposes will be restricted.
• Access roads will be designed to
provide for effective closures and will
be reclaimed or decommissioned at
project completion if they are no longer
needed for other management
objectives.
• New permanent roads will not be
built on ridge tops or in saddles, if
possible, or in areas identified as
important for lynx habitat connectivity.
New roads will be situated away from
forested stringers, if possible.
Raptors—For raptors (except
American kestrel) the Lessee will be
required to: Conduct surveys for nesting
raptors on the lease prior to
development of any surface facilities,
and no surface activities will be allowed
within 1⁄2-mile radius of active nest sites
between the dates of February 1 and
August 15, unless authorized by the
Forest Service on a site-specific basis.
Big Game Winter Range—In order to
protect big game wintering areas, elk
calving areas, and other key wildlife
habitat and/or activities, specific surface
use may be curtailed during specific
times of year. Specific time restrictions
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for specific species will be evaluated by
the Forest Service at the individual
project stage, and any additional site
specific conditions of use developed at
that time.
Water Depletions—In the future, if
water to be used for mine related
activities is taken from a source that is
considered to be tributary waters by the
U.S. Fish and Wildlife Service, or which
exceeds a depletion amount previously
consulted upon, the permitting agency
must enter into consultation with the
U.S. Fish and Wildlife Service to
determine appropriate conservation
measures to offset effects to listed fish
and critical habitat in the upper
Colorado River Basin.
Breeding Birds—If surface disturbance
is proposed on the lease, the lessee/
operators will be required to conduct
breeding bird surveys prior to surface
disturbance.
Geologic Hazards—
COC–1362 Modification—No surface
occupancy would be allowed in areas of
high geologic hazard or high erosion
potential, or on slopes which exceed
60%. Special interdisciplinary team
analysis and mitigation plans detailing
construction and mitigation techniques
would be required on areas where
slopes range from 40–60 percent. The
interdisciplinary team could include
engineers, soil scientist, hydrologist,
landscape architect, reclamation
specialist and mining engineer.
COC–67232 Modification—No surface
occupancy would be allowed in areas of
high geologic hazard or high erosion
potential. Special interdisciplinary team
analysis and mitigation plans detailing
construction and mitigation techniques
would be required on areas where
slopes range from 40–60 percent. The
interdisciplinary team could include
engineers, soil scientist, hydrologist,
landscape architect, reclamation
specialist and mining engineer.
Baseline Information—The operator/
lessee would be required to perform
adequate baseline studies to quantify
existing surface and subsurface
resources. Existing data can be used for
baseline analyses provided that the data
is adequate to locate, quantify, and
demonstrate interrelationships between
geology, topography, hydrogeology, and
hydrology. Baseline studies are critical
to the success of future observation and
assessment of mining related effects on
resources.
Monitoring Program—The operator/
lessee of the lease tract would be
required to establish or amend a
monitoring program to be used as a
continuing record of change over time of
area resources in order to assess mining
induced impacts. The monitoring
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program shall provide the procedures
and methodologies to adequately assess
interrelationships between geology,
topography, hydrogeology, and
hydrology identified in the baseline
assessment to mining activities in the
lease tract area. The monitoring program
shall incorporate baseline data so as to
provide a continuing record over time.
Riparian, Wetland or Floodplain—
Surface use or disturbances (except for
surface subsidence and resource
monitoring purposes defined in the
approved mining permit) will avoid
riparian, wetland or floodplain areas,
and a buffer zone surrounding these
areas (the definition of riparian areas
and appropriate buffer zone will be
consistent with that defined in the
Forest Service Manual and Rocky
Mountain Region’s Water Conservation
Practices Handbook. Wetland definition
will follow Army Corps of Engineers
guidelines) unless no practical
alternatives exist.
Subsidence (Language from COC–
1362 parent lease)—If subsidence
adversely affects surface resources in
any way (including, but not limited to
a documented water loss), the Lessee, at
their expense will be responsible to:
Restore stream channels, stock ponds,
protect stream flow with earthwork or
temporary culverts, restore affected
roads, or provide other measures to
repair damage or replace any surface
water and/or developed ground water
source, stock pond, water conveyance
facilities, with water from an alternate
source in sufficient quantity and quality
to maintain existing riparian habitat,
livestock and wildlife use, or other land
uses as authorized by 36 CFR part 251.
The Lessee/Operator shall be
responsible for monitoring, repairing
and/or mitigating subsidence effects on
existing facilities under Special Use
Permit with the Forest Service.
Monitoring, repair and/or mitigation, if
needed, would be performed at the
Lessee’s expense. These requirements
will be coordinated with the District
Ranger and the Special Use Permittee.
Roadless (Lease Notice Only)—All or
parts of the following lands
encompassed in this lease are in the
West Elk Inventoried Roadless Area and
may be subject to restrictions on roadbuilding pursuant to rules and
regulations of the Secretary of
Agriculture applicable at the time any
roads may be proposed on the lease.
Legal descriptions are approximate.
Locations of any proposed surface use
would be verified for relationship to
IRA boundaries using site-specific maps
if/when surface operations are
proposed.
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24675
Visuals—Within the lease
modification area, the lessee will work
with the District Ranger and his/her
representative to see that all mine
operations are situated on the ground in
such a manner that reasonably
minimizes impacts to the scenic
integrity of that landscape, as prescribed
in the Forest Plan.
Coal Mine Methane—The parent
leases also contain lease terms from
BLM regarding coal mine methane that
would be carried forward to the lease
modifications. These are addressed as
lease addendum as follows:
Sec. 3. Notwithstanding the language
in Sec. 2 of this lease and subject to the
terms and conditions below, lessee is
authorized to drill for, extract, remove,
develop, produce and capture for use or
sale any or all of the coal mine methane
from the above described lands that it
would otherwise be required to vent or
discharge for safety purposes by
applicable laws and regulations. For
purposes of this lease, ‘‘coal mine
methane’’ means any combustible gas
located in, over, under, or adjacent to
the coal resources subject to this lease,
that will or may infiltrate underground
mining operations.
Sec. 4. Notwithstanding any other
provision of this lease, nothing herein
shall, nor shall it be interpreted to,
waive, alter or amend lessee’s right to
vent, discharge or otherwise dispose of
coal mine methane as necessary for
mine safety or to mine the coal deposits
consistent with permitted underground
mining operations and federal and state
law and regulation. Lessee shall not be
obligated or required to capture for use
or sale coal mine methane that would
otherwise be vented or discharged if the
capture of coal mine methane,
independent of activities related to
mining coal, is not economically
feasible or if the coal mine methane
must be vented in order to abate the
potential hazard to the health or safety
of the coal miners or coal mining
activities. In the event of a dispute
between lessor and lessee as to the
economic or other feasibility of
capturing for use or sale the coal mine
methane, lessor’s remedy as a prevailing
party shall be limited to recovery of the
compensatory royalties on coal mine
methane not captured for use or sale by
lessee. Lessee shall have the right to
continue all mining activities under the
lease, including venting coal mine
methane, pending resolution of any
dispute regarding the application of the
terms of Sections 3 and 4.
Sec. 2(c) COAL MINE METHANE
OPERATIONS AND ROYALTIES—
Notwithstanding the language in Part II,
Section 2(a) of this lease, the royalty
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shall be 12.5 percent of the value of any
coal mine methane that is captured for
use or sale from this lease. For purposes
of this lease, the term ‘‘capture for use
or sale’’ shall not include and the
royalty shall not apply to coal mine
methane that is vented or discharged
and not captured for the economic or
safety reasons described in Part I,
Section 4 of this lease. Lessee shall have
no obligation to pay royalties on any
coal mine methane that is used on or for
the benefit of mineral extraction at the
West Elk coal mine. When not
inconsistent with any express provision
of this lease, the lease is subject to all
rules and regulations related to Federal
gas royalty collection in Title 30 of the
Code of Federal Regulations now or
hereinafter in effect and lessor’s rules
and regulations related to applicable
reporting and gas measurement now or
hereinafter in effect
Severability—In the event any
provision of this addendum is subject to
a legal challenge or is held to be invalid,
unenforceable or illegal in any respect,
the validity, legality and enforceability
of this lease will not in any way be
affected or impaired thereby and lessee
will retain, in accordance with the terms
of this lease, the exclusive right and
privilege to drill for, mine, extract,
remove or otherwise process and
dispose of the coal deposits, upon, or
under the lands described in this lease,
including the right to vent or discharge
coal mine methane for safety purposed
as required by applicable laws and
regulation.
Proposed Action (Alternative 2)—
Includes all of the information common
to all action alternatives above. Because
leasing itself does not involve any
mineral development or surface
disturbance, it is necessary to project
the amount of surface use or activity
that may result during lease
development in order to disclose
potential effects and inform decisionmaking. To facilitate analyzing potential
surface impacts, the analysis will
assume a reasonably foreseeable mine
plan (RFMP) for this leasing decision. It
must be noted however, that decisions
pertaining to surface use and
disturbance, with the exception of
subsidence impacts, are not made at the
leasing stage. Rather, the decisions
related to permit-related surface
activities are made when and if sitespecific surface uses are proposed, and
are evaluated through the State
permitting process based on their own
merits. The environmental effects
analysis of post-lease surface use and
disturbance associated with this
alternative will include subsidence and
methane drainage well pads. Under the
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regulatory framework of the 2001
Roadless Area Conservation Rule, future
road building is prohibited; however
methane drainage is permitted.
Alternative 3—Includes all of the
information common to all action
alternatives above. Similar to
Alternative 2, the analysis will assume
a RFMP for this alternative. However,
the environmental effects of this
alternative will be analyzed under the
regulatory framework of the Proposed
Colorado Roadless Rule. As the
proposed rule would apply to this
leasing decision, temporary road
building would be allowed.
Lead and Cooperating Agencies
Cooperating Agencies:
Uncompahgre Field Office, Bureau of
Land Management
Colorado State Office, Bureau of Land
Management
Western Region, Office of Surface
Mining Reclamation and
Enforcement
Colorado Division of Reclamation
Mining and Safety (pending)
Responsible Official
GMUG Forest Supervisor
Nature of Decision To Be Made
Given the purpose and need, the
Authorized Officer will review the
proposed action, the other alternatives,
and the environmental consequences in
order to decide the following:
• Whether or not to consent to the
BLM modifying existing Federal Coal
Lease COC–1362 by adding 800 acres
according to the Federal Coal Leasing
Amendments Act of 1976;
• Whether or not to consent to the
BLM modifying existing Federal Coal
Lease COC–67232 by adding 922 acres
according to the Federal Coal Leasing
Amendments Act of 1976;
• Prescribe stipulations needed for
the protection of non-mineral resources
by determining if the existing
stipulations on the parent lease are
sufficient. If they are not sufficient,
prescribe additional stipulations that
will provide for the protection of nonmineral resources.
The Forest Service Authorized Officer
will determine if the activity is
consistent with the GMUG Forest Plan.
The Forest Service decision will be
made based on the analysis relative to
the No Action and Proposed Action
Alternatives.
The BLM is preparing a separate
leasing analysis under their regulations.
The BLM Colorado State Director is the
Authorized Officer for the BLM, and
will decide whether or not to modify the
existing coal lease under the Mineral
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Leasing Act, as amended, and the
federal regulations under 43 CFR 3400.
The Uncompahgre Field Office Manager
is responsible for providing the State
Director with briefings and
recommendations.
Specifically, the BLM will decide
whether to:
• Adopt the No-Action Alternative
(no leasing);
• Adopt the proposed action (lease
the coal as applied for by the
applicants);
• Adopt an alternative with features
of both of the alternatives; or
• Adopt the action alternative with
additional mitigation measures.
BLM cannot issue leases without the
consent of the surface managing agency.
OSM is a cooperating agency per an
existing Memorandum of Understanding
and may prepare a mining plan
modification related to the subsequent
permitting of these lease modifications.
Preliminary Issues
Preliminary issues have been
identified during the preparation of an
Environmental Assessment. They
include the following:
Indirect and Cumulative
Environmental Effects of Leasing—
• Surface disturbance other than from
mining (subsidence) may occur as a
result of mining.
• Reasonably foreseeable impacts to
the surface and other resources may
occur as a result of mining.
Mitigation Measures—Forest Service
must validate the effectiveness of
proposed mitigation measures.
Air Quality—
• Effects of the proposed action may
occur on air quality including ambient
ozone, PM2.5, PM10, VOCs, Class I areas
in compliance with the Clean Air Act.
• Cumulative effects to air quality
associated with coal burning may occur
as a result of the Proposed Action.
Roadless Character—Roadless
character in the West Elk Roadless Area
may be affected either indirectly or
cumulatively through consenting to
lease.
Methane—Alternatives to venting
including flaring, capture and use, or
destroying ventilation air (VAM)
methane must be analyzed in detail.
Coal Reserve—Address the effects of
adding coal reserves on coal resource
recovery.
Socioeconomics—
• Coal mining activities are vital to
the local and regional economies.
• Coal from the North Fork Valley
helps fuel clean coal technology and
provide the USA with low-cost, reliable
energy.
Visual Resources—Removal of
vegetation, ground disturbance and
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structures related to future surface
facilities needed to manage methane
may negatively impact visuals.
Wildlife—Removal of vegetation
related to future surface facilities
needed to manage methane may
negatively impact Canada lynx.
Subsidence—
• Subsidence may affect wildlife
habitat, including effects to riparian
habitat
• Subsidence may affect water
resources including local water quality
and quantity.
• Subsidence may affect cultural
resources.
• Subsidence may affect other land
uses, including range improvements,
cattle trails and other multiple uses of
the land.
Climate Change—Effects on climate
change may occur from mining coal
which stem from the release of methane
through the mine ventilation system,
release of methane through any gob vent
boreholes and release of CO2 caused by
the burning of coal that is mined.
Scoping Process
In addition to receiving and
considering previous comments from
the public, the agency continues to
accept and consider public comments to
guide the development of this
environmental impact statement and the
resulting decision. Additional
comments should clearly articulate the
reviewer’s concerns and contentions,
and focus on the adequacy of
stipulations proposed as they relate to
the protection of surface resources.
Comments received in response to this
solicitation, including names and
addresses of those who comment, will
be part of the public record for this
proposed action. Comments submitted
anonymously will be accepted and
considered, however.
Dated: April 19, 2012.
Sherry Hazelhurst,
Acting Forest Supervisor.
[FR Doc. 2012–9920 Filed 4–24–12; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
pmangrum on DSK3VPTVN1PROD with NOTICES
National Agricultural Statistics Service
Notice of Intent To Seek Approval to
Revise and Extend a Currently
Approved Information Collection
National Agricultural Statistics
Service, USDA.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, this
SUMMARY:
VerDate Mar<15>2010
15:14 Apr 24, 2012
Jkt 226001
notice announces the intention of the
National Agricultural Statistics Service
(NASS) to request revision and
extension of a currently approved
information collection, the Egg,
Chicken, and Turkey Surveys. A
revision to burden hours will be needed
due to changes in the size of the target
population, sampling design, and/or
questionnaire length.
DATES: Comments on this notice must be
received by June 25, 2012 to be assured
of consideration.
ADDRESSES: You may submit comments,
identified by docket number 0535–0004,
by any of the following methods:
• Email: ombofficer@nass.usda.gov.
Include docket number above in the
subject line of the message.
• Fax: (202) 720–6396.
• Mail: Mail any paper, disk, or CD–
ROM submissions to: David Hancock,
NASS Clearance Officer, U.S.
Department of Agriculture, Room 5336
South Building, 1400 Independence
Avenue SW., Washington, DC 20250–
2024.
• Hand Delivery/Courier: Hand
deliver to: David Hancock, NASS
Clearance Officer, U.S. Department of
Agriculture, Room 5336 South Building,
1400 Independence Avenue SW.,
Washington, DC 20250–2024.
FOR FURTHER INFORMATION CONTACT:
Joseph T. Reilly, Associate
Administrator, National Agricultural
Statistics Service, U.S. Department of
Agriculture, (202) 720–4333. Copies of
this information collection and related
instructions can be obtained without
charge from David Hancock, NASS
Clearance Officer, at (202) 690–2388.
SUPPLEMENTARY INFORMATION:
Title: Egg, Chicken, and Turkey
Surveys.
OMB Number: 0535–0004.
Expiration Date of Approval: October
31, 2012.
Type of Request: Intent to seek
approval to revise and extend a
currently approved information
collection.
Abstract: The primary objective of the
National Agricultural Statistics Service
(NASS) is to prepare and issue State and
national estimates of crop and livestock
production, disposition, and prices. The
Egg, Chicken, and Turkey Surveys
obtain basic poultry statistics from
voluntary cooperators throughout the
Nation. Statistics are published on
placement of pullet chicks for hatchery
supply flocks; hatching reports for
broiler-type, egg-type, and turkey eggs;
number of layers on hand; total table egg
production; and production and value
estimates for eggs, chickens, and
turkeys. The frequency of the surveys
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
24677
being conducted include weekly,
monthly and annually. This information
is used by producers, processors, feed
dealers, and others in the marketing and
supply channels as a basis for
production and marketing decisions.
Government agencies use these
estimates to evaluate poultry product
supplies. The information is an
important consideration in government
purchases for the National School
Lunch Program and in formulation of
export-import policy. The current
expiration date for this docket is
October 31, 2012. NASS intends to
request that the surveys be approved for
another 3 years.
Authority: These data will be
collected under the authority of 7 U.S.C.
2204(a). Individually identifiable data
collected under this authority are
governed by section 1770 of the Food
Security Act of 1985, 7 U.S.C. 2276,
which requires USDA to afford strict
confidentiality to non-aggregated data
provided by respondents. This notice is
submitted in accordance with the
Paperwork Reduction Act of 1995 (at 44
U.S.C. 3501, et seq.) and Office of
Management and Budget regulations at
5 CFR part 1320.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated between 8 and 15 minutes
per respondent per survey.
Respondents: Farmers, ranchers, farm
managers, and farm contractors.
Estimated Number of Respondents:
3,100.
Estimated Total Annual Burden on
Respondents: 4,200 hours.
Copies of this information collection
and related instructions can be obtained
without charge from the NASS
Clearance Officer, at (202) 690–2388 or
at: ombofficer@nass.usda.gov.
Comments: Comments are invited on:
(a) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
(c) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on those who are to respond, through
the use of appropriate automated,
electronic, mechanical, technological or
other forms of information technology
collection methods. All responses to
this notice will become a matter of
public record and be summarized in the
request for OMB approval.
E:\FR\FM\25APN1.SGM
25APN1
Agencies
[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Notices]
[Pages 24673-24677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9920]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Grand Mesa, Uncompahgre and Gunnison National Forests; Colorado;
Federal Coal Lease Modifications COC-1362 & COC-67232
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The Grand Mesa, Uncompahgre and Gunnison National Forests
(GMUG) must decide whether or not to consent to Bureau of Land
Management (BLM) modifying the Federal Coal Leases COC-1362 and COC-
67232 by adding 800 and 922 acres, respectively, to them. If the GMUG
does consent to lease, it will prescribe conditions (as stipulations)
for the protection of non-mineral resources
DATES: Public comments for this project were received between April 21
and May 21, 2010 during the preparation of an Environmental Assessment.
Comments received during that period will be also be considered in this
analysis. These comments have informed the issue analysis and
alternative development. Additionally, the agency will continue to
accept public comments throughout the preparation of the Draft
Environmental Impact Statement, which is estimated to be released in
May, 2012. The final environmental impact statement is expected in
July, 2012.
ADDRESSES: Written comments should be addressed to Grand Mesa,
Uncompahgre, and Gunnison National Forest, Attn: Forest Supervisor,
2250 HWY50, Delta, CO 81416. Comments may also be sent via email to
comments-rocky-mountain-gmug@fs.fed.us or via facsimile to 970-874-
6698.
FOR FURTHER INFORMATION CONTACT: Niccole Mortenson, 406-329-3163 or
nmortenson@fs.fed.us.
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 Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
Under 43 CFR part 3432 (as amended by the Energy Policy Act of
2005), the holder of a federal coal lease may apply to modify a lease
by adding up to 960 acres. The federal agencies are responding to
applications to modify existing leases. The GMUG and BLM have
identified the need to consider issuing two coal lease modifications
for federal coal lands immediately adjacent to exiting federal coal
leases COC-1362 and COC-67232. The purpose of the lease modifications
is to ensure that compliant and super-compliant coal reserves are
recovered.
The BLM, charged with administration of the mineral estate on these
Federal lands, is required, by law, to consider leasing Federally-owned
minerals for economic recovery. The USDA-Forest Service (FS), as the
surface management agency, considers consenting to the BLM leasing
reserves underlying lands under its jurisdiction, and prescribes
stipulations for the protection of non-mineral resources.
Proposed Action
Within the jurisdiction of the Forest Service, the proposed action
is to consent to BLM modifying existing federal coal leases COC-1362
and COC- 67232 by adding 800 and 922 additional acres (respectively) to
ensure that compliant and super-compliant coal reserves are recovered
and not bypassed, and to identify stipulations for the protection of
non-mineral (i.e. surface) resources.
The proposed lease modifications are located in Gunnison County,
Colorado in portions of sections 10, 11, 13, 14, 22, 23 of T.14S. R.
90W., 6th PM. The modification areas include National Forest System
(NFS) surface lands managed by the GMUG and the coal estate managed by
the BLM.
The proposed action deals primarily with underground mining. It is
assumed that longwall mining practices would be used. Surface
disturbance may include soil subsidence due to removal of the coal. In
the event that post-lease surface activities are proposed and
authorized, other soil disturbance may occur due to temporary road
construction and drilling of methane drainage wells. A Reasonably
Foreseeable Mine Plan (RFMP) has been developed to address potential
environmental effects. It is detailed to the extent possible and will
be included in the analysis.
Possible Alternatives
No Action Alternative--Analysis of the No Action alternative is
required by CEQ 40 CFR 1502.14(d). Under the no action alternative, the
lease modifications would not be approved, and no mining would occur in
these specific areas. Impacts from mining coal under these areas would
not occur on these lands, and the effects from on-going land uses could
continue including coal mining activities such as exploration and
monitoring related to mine activities, as well as continued recreation
and grazing. The land would continue to be managed according to Forest
Plan standards, goals and guidelines.
The Following is Common to All Action Alternatives-Within the
jurisdiction of the Forest Service, the proposed action is to consent
to BLM modifying existing federal coal leases COC-1362 and COC-67232 by
adding 800 and 922 additional acres (respectively) to ensure that
compliant and super-compliant coal reserves are recovered and not
bypassed, and to identify stipulations for the protection of non-
mineral (i.e. surface) resources.
The proposed action deals primarily with underground mining. It is
assumed
[[Page 24674]]
that longwall mining practices would be used. Minor surface disturbance
would occur on Forest Service lands as a result of subsidence. In the
event that post-lease surface activities are proposed and authorized,
other soil disturbance may occur due to temporary road construction and
drilling of methane drainage wells. A Reasonably Foreseeable Mine Plan
(RFMP) has been developed to address potential environmental effects
and is detailed to the extent necessary without being predecisional.
Stipulations for Action Alternatives
As part of the Proposed Action alternative the GMUG Forest
Supervisor must decide if the existing stipulations on the existing
parent leases are sufficient for the protection of non-mineral (i.e.
surface) resources. If not, additional stipulations that will provide
for the protection of non-mineral resources must be prescribed. The
list below describes the stipulations on the parent leases, and their
applicability to the lease modifications and additional or modified
stipulations identified for the protection of visual resources Canada
lynx.
In accordance with Forest Service Manual (FSM) 2820, the Standard
Notice for Lands under the Jurisdiction of Agriculture is part of the
parent leases, and hence would apply to the lease modifications. This
Standard Notice includes requirements for Cultural and Paleontological
Resources, and Threatened and Endangered Species is noted in the list
below. Further, the Standard Notice contains the following language:
``The permittee/lessee must comply with all the rules and regulations
of the Secretary of Agriculture set forth at Title 36, Chapter II, of
the Code of Federal Regulations governing the use and management of the
National Forest System (NFS) when not inconsistent with the rights
granted by the Secretary of Interior in the permit. The Secretary of
Agriculture's rules and regulations must be complied with for (1) all
use and occupancy of the NFS prior to approval of an exploration plan
by the Secretary of the Interior, (2) uses of all existing
improvements, such as forest development roads, within and outside the
area permitted by the Secretary of the Interior, and (3) use and
occupancy of the NFS not authorized by the permit/operation approved by
the Secretary of the Interior.''
Cultural and Paleontological Resources--The FS is responsible for
assuring that the leased lands are examined to determine if cultural
resources are present and to specify mitigation measures. Prior to
undertaking any surface-disturbing activities on the lands covered by
this lease, the lessee or operator, unless notified to the contrary by
the FS, shall: Contact the FS to determine if a site specific cultural
resource inventory is required. If a survey is required then:
Engage the services of a cultural resource specialist
acceptable to the FS to conduct a cultural resource inventory of the
area of proposed surface disturbance. The operator may elect to
inventory an area larger than the area of proposed disturbance to cover
possible site relocation which may result from environmental or other
considerations. An acceptable inventory report is to be submitted to
the FS for review and approval at the time a surface disturbing plan of
operation is submitted.
Implement mitigation measures required by the FS and BLM
to preserve or avoid destruction of cultural resource values.
Mitigation may include relocation of proposed facilities, testing,
salvage, and recordation or other protective measures. All costs of the
inventory and mitigation will be borne by the lessee or operator, and
all data and materials salvaged will remain under the jurisdiction of
the U.S. Government as appropriate.
The lessee or operator shall immediately bring to the
attention of the FS and BLM any cultural or paleontological resources
or any other objects of scientific interest discovered as a result of
surface operations under this license, and shall leave such discoveries
intact until directed to proceed by FS and BLM.
Endangered or Threatened Species--The FS is responsible for
assuring that the leased land is examined prior to undertaking any
surface-disturbing activities to determine effects upon any plant or
animal species listed or proposed for listing as endangered or
threatened, or their habitats. The findings of this examination may
result in some restrictions to the operator's plans or even disallow
use and occupancy that would be in violation of the Endangered Species
Act of 1973 by detrimentally affecting endangered or threatened species
or their habitats. The lessee/operator may, unless notified by the FS
that the examination is not necessary, conduct the examination on the
leased lands at his discretion and cost. This examination must be done
by or under the supervision of a qualified resource specialist approved
by the FS. An acceptable report must be provided to the FS identifying
the anticipated effects of a proposed action on endangered or
threatened species or their habitats.
If there is reason to believe that Sensitive, Threatened or
Endangered species of plants or animals, or migratory bird species of
high Federal interest are present, or become present in the lease area,
the Lessee/Operator shall be required to conduct an intensive field
inventory of the area to be disturbed and/or impacted. The inventory
shall be conducted by a qualified specialist, and a report of findings
prepared. A plan will be made that recommends protection for these
species or action necessary to mitigate the disturbance. The cost of
conducting such inventory, preparing reports and carrying out
mitigation measures shall be borne by the Lessee/Operator.
Canada Lynx--To comply with the GMUG Forest Plan 2008 amendment,
the following special constraints will apply if surface use on the
lease is proposed in lynx habitat:
Winter access will be limited to designated routes.
Further, should surface-disturbing operations be proposed on the
lease in lynx habitat, the following special constraints may apply,
depending on site-specific circumstances:
Remote monitoring of the development sites and facilities
may be required to reduce snow compaction.
A reclamation plan (e.g. road reclamation and vegetation
rehabilitation) for sites and facilities that promotes the restoration
of lynx habitat may be required.
Public motorized use on new roads constructed for project-
specific purposes will be restricted.
Access roads will be designed to provide for effective
closures and will be reclaimed or decommissioned at project completion
if they are no longer needed for other management objectives.
New permanent roads will not be built on ridge tops or in
saddles, if possible, or in areas identified as important for lynx
habitat connectivity. New roads will be situated away from forested
stringers, if possible.
Raptors--For raptors (except American kestrel) the Lessee will be
required to: Conduct surveys for nesting raptors on the lease prior to
development of any surface facilities, and no surface activities will
be allowed within \1/2\-mile radius of active nest sites between the
dates of February 1 and August 15, unless authorized by the Forest
Service on a site-specific basis.
Big Game Winter Range--In order to protect big game wintering
areas, elk calving areas, and other key wildlife habitat and/or
activities, specific surface use may be curtailed during specific times
of year. Specific time restrictions
[[Page 24675]]
for specific species will be evaluated by the Forest Service at the
individual project stage, and any additional site specific conditions
of use developed at that time.
Water Depletions--In the future, if water to be used for mine
related activities is taken from a source that is considered to be
tributary waters by the U.S. Fish and Wildlife Service, or which
exceeds a depletion amount previously consulted upon, the permitting
agency must enter into consultation with the U.S. Fish and Wildlife
Service to determine appropriate conservation measures to offset
effects to listed fish and critical habitat in the upper Colorado River
Basin.
Breeding Birds--If surface disturbance is proposed on the lease,
the lessee/operators will be required to conduct breeding bird surveys
prior to surface disturbance.
Geologic Hazards--
COC-1362 Modification--No surface occupancy would be allowed in
areas of high geologic hazard or high erosion potential, or on slopes
which exceed 60%. Special interdisciplinary team analysis and
mitigation plans detailing construction and mitigation techniques would
be required on areas where slopes range from 40-60 percent. The
interdisciplinary team could include engineers, soil scientist,
hydrologist, landscape architect, reclamation specialist and mining
engineer.
COC-67232 Modification--No surface occupancy would be allowed in
areas of high geologic hazard or high erosion potential. Special
interdisciplinary team analysis and mitigation plans detailing
construction and mitigation techniques would be required on areas where
slopes range from 40-60 percent. The interdisciplinary team could
include engineers, soil scientist, hydrologist, landscape architect,
reclamation specialist and mining engineer.
Baseline Information--The operator/lessee would be required to
perform adequate baseline studies to quantify existing surface and
subsurface resources. Existing data can be used for baseline analyses
provided that the data is adequate to locate, quantify, and demonstrate
interrelationships between geology, topography, hydrogeology, and
hydrology. Baseline studies are critical to the success of future
observation and assessment of mining related effects on resources.
Monitoring Program--The operator/lessee of the lease tract would be
required to establish or amend a monitoring program to be used as a
continuing record of change over time of area resources in order to
assess mining induced impacts. The monitoring program shall provide the
procedures and methodologies to adequately assess interrelationships
between geology, topography, hydrogeology, and hydrology identified in
the baseline assessment to mining activities in the lease tract area.
The monitoring program shall incorporate baseline data so as to provide
a continuing record over time.
Riparian, Wetland or Floodplain--Surface use or disturbances
(except for surface subsidence and resource monitoring purposes defined
in the approved mining permit) will avoid riparian, wetland or
floodplain areas, and a buffer zone surrounding these areas (the
definition of riparian areas and appropriate buffer zone will be
consistent with that defined in the Forest Service Manual and Rocky
Mountain Region's Water Conservation Practices Handbook. Wetland
definition will follow Army Corps of Engineers guidelines) unless no
practical alternatives exist.
Subsidence (Language from COC-1362 parent lease)--If subsidence
adversely affects surface resources in any way (including, but not
limited to a documented water loss), the Lessee, at their expense will
be responsible to: Restore stream channels, stock ponds, protect stream
flow with earthwork or temporary culverts, restore affected roads, or
provide other measures to repair damage or replace any surface water
and/or developed ground water source, stock pond, water conveyance
facilities, with water from an alternate source in sufficient quantity
and quality to maintain existing riparian habitat, livestock and
wildlife use, or other land uses as authorized by 36 CFR part 251. The
Lessee/Operator shall be responsible for monitoring, repairing and/or
mitigating subsidence effects on existing facilities under Special Use
Permit with the Forest Service. Monitoring, repair and/or mitigation,
if needed, would be performed at the Lessee's expense. These
requirements will be coordinated with the District Ranger and the
Special Use Permittee.
Roadless (Lease Notice Only)--All or parts of the following lands
encompassed in this lease are in the West Elk Inventoried Roadless Area
and may be subject to restrictions on road-building pursuant to rules
and regulations of the Secretary of Agriculture applicable at the time
any roads may be proposed on the lease. Legal descriptions are
approximate. Locations of any proposed surface use would be verified
for relationship to IRA boundaries using site-specific maps if/when
surface operations are proposed.
Visuals--Within the lease modification area, the lessee will work
with the District Ranger and his/her representative to see that all
mine operations are situated on the ground in such a manner that
reasonably minimizes impacts to the scenic integrity of that landscape,
as prescribed in the Forest Plan.
Coal Mine Methane--The parent leases also contain lease terms from
BLM regarding coal mine methane that would be carried forward to the
lease modifications. These are addressed as lease addendum as follows:
Sec. 3. Notwithstanding the language in Sec. 2 of this lease and
subject to the terms and conditions below, lessee is authorized to
drill for, extract, remove, develop, produce and capture for use or
sale any or all of the coal mine methane from the above described lands
that it would otherwise be required to vent or discharge for safety
purposes by applicable laws and regulations. For purposes of this
lease, ``coal mine methane'' means any combustible gas located in,
over, under, or adjacent to the coal resources subject to this lease,
that will or may infiltrate underground mining operations.
Sec. 4. Notwithstanding any other provision of this lease, nothing
herein shall, nor shall it be interpreted to, waive, alter or amend
lessee's right to vent, discharge or otherwise dispose of coal mine
methane as necessary for mine safety or to mine the coal deposits
consistent with permitted underground mining operations and federal and
state law and regulation. Lessee shall not be obligated or required to
capture for use or sale coal mine methane that would otherwise be
vented or discharged if the capture of coal mine methane, independent
of activities related to mining coal, is not economically feasible or
if the coal mine methane must be vented in order to abate the potential
hazard to the health or safety of the coal miners or coal mining
activities. In the event of a dispute between lessor and lessee as to
the economic or other feasibility of capturing for use or sale the coal
mine methane, lessor's remedy as a prevailing party shall be limited to
recovery of the compensatory royalties on coal mine methane not
captured for use or sale by lessee. Lessee shall have the right to
continue all mining activities under the lease, including venting coal
mine methane, pending resolution of any dispute regarding the
application of the terms of Sections 3 and 4.
Sec. 2(c) COAL MINE METHANE OPERATIONS AND ROYALTIES--
Notwithstanding the language in Part II, Section 2(a) of this lease,
the royalty
[[Page 24676]]
shall be 12.5 percent of the value of any coal mine methane that is
captured for use or sale from this lease. For purposes of this lease,
the term ``capture for use or sale'' shall not include and the royalty
shall not apply to coal mine methane that is vented or discharged and
not captured for the economic or safety reasons described in Part I,
Section 4 of this lease. Lessee shall have no obligation to pay
royalties on any coal mine methane that is used on or for the benefit
of mineral extraction at the West Elk coal mine. When not inconsistent
with any express provision of this lease, the lease is subject to all
rules and regulations related to Federal gas royalty collection in
Title 30 of the Code of Federal Regulations now or hereinafter in
effect and lessor's rules and regulations related to applicable
reporting and gas measurement now or hereinafter in effect
Severability--In the event any provision of this addendum is
subject to a legal challenge or is held to be invalid, unenforceable or
illegal in any respect, the validity, legality and enforceability of
this lease will not in any way be affected or impaired thereby and
lessee will retain, in accordance with the terms of this lease, the
exclusive right and privilege to drill for, mine, extract, remove or
otherwise process and dispose of the coal deposits, upon, or under the
lands described in this lease, including the right to vent or discharge
coal mine methane for safety purposed as required by applicable laws
and regulation.
Proposed Action (Alternative 2)--Includes all of the information
common to all action alternatives above. Because leasing itself does
not involve any mineral development or surface disturbance, it is
necessary to project the amount of surface use or activity that may
result during lease development in order to disclose potential effects
and inform decision-making. To facilitate analyzing potential surface
impacts, the analysis will assume a reasonably foreseeable mine plan
(RFMP) for this leasing decision. It must be noted however, that
decisions pertaining to surface use and disturbance, with the exception
of subsidence impacts, are not made at the leasing stage. Rather, the
decisions related to permit-related surface activities are made when
and if site-specific surface uses are proposed, and are evaluated
through the State permitting process based on their own merits. The
environmental effects analysis of post-lease surface use and
disturbance associated with this alternative will include subsidence
and methane drainage well pads. Under the regulatory framework of the
2001 Roadless Area Conservation Rule, future road building is
prohibited; however methane drainage is permitted.
Alternative 3--Includes all of the information common to all action
alternatives above. Similar to Alternative 2, the analysis will assume
a RFMP for this alternative. However, the environmental effects of this
alternative will be analyzed under the regulatory framework of the
Proposed Colorado Roadless Rule. As the proposed rule would apply to
this leasing decision, temporary road building would be allowed.
Lead and Cooperating Agencies
Cooperating Agencies:
Uncompahgre Field Office, Bureau of Land Management
Colorado State Office, Bureau of Land Management
Western Region, Office of Surface Mining Reclamation and
Enforcement
Colorado Division of Reclamation Mining and Safety (pending)
Responsible Official
GMUG Forest Supervisor
Nature of Decision To Be Made
Given the purpose and need, the Authorized Officer will review the
proposed action, the other alternatives, and the environmental
consequences in order to decide the following:
Whether or not to consent to the BLM modifying existing
Federal Coal Lease COC-1362 by adding 800 acres according to the
Federal Coal Leasing Amendments Act of 1976;
Whether or not to consent to the BLM modifying existing
Federal Coal Lease COC-67232 by adding 922 acres according to the
Federal Coal Leasing Amendments Act of 1976;
Prescribe stipulations needed for the protection of non-
mineral resources by determining if the existing stipulations on the
parent lease are sufficient. If they are not sufficient, prescribe
additional stipulations that will provide for the protection of non-
mineral resources.
The Forest Service Authorized Officer will determine if the
activity is consistent with the GMUG Forest Plan.
The Forest Service decision will be made based on the analysis
relative to the No Action and Proposed Action Alternatives.
The BLM is preparing a separate leasing analysis under their
regulations. The BLM Colorado State Director is the Authorized Officer
for the BLM, and will decide whether or not to modify the existing coal
lease under the Mineral Leasing Act, as amended, and the federal
regulations under 43 CFR 3400. The Uncompahgre Field Office Manager is
responsible for providing the State Director with briefings and
recommendations.
Specifically, the BLM will decide whether to:
Adopt the No-Action Alternative (no leasing);
Adopt the proposed action (lease the coal as applied for
by the applicants);
Adopt an alternative with features of both of the
alternatives; or
Adopt the action alternative with additional mitigation
measures.
BLM cannot issue leases without the consent of the surface managing
agency.
OSM is a cooperating agency per an existing Memorandum of
Understanding and may prepare a mining plan modification related to the
subsequent permitting of these lease modifications.
Preliminary Issues
Preliminary issues have been identified during the preparation of
an Environmental Assessment. They include the following:
Indirect and Cumulative Environmental Effects of Leasing--
Surface disturbance other than from mining (subsidence)
may occur as a result of mining.
Reasonably foreseeable impacts to the surface and other
resources may occur as a result of mining.
Mitigation Measures--Forest Service must validate the effectiveness
of proposed mitigation measures.
Air Quality--
Effects of the proposed action may occur on air quality
including ambient ozone, PM2.5, PM10, VOCs, Class
I areas in compliance with the Clean Air Act.
Cumulative effects to air quality associated with coal
burning may occur as a result of the Proposed Action.
Roadless Character--Roadless character in the West Elk Roadless
Area may be affected either indirectly or cumulatively through
consenting to lease.
Methane--Alternatives to venting including flaring, capture and
use, or destroying ventilation air (VAM) methane must be analyzed in
detail.
Coal Reserve--Address the effects of adding coal reserves on coal
resource recovery.
Socioeconomics--
Coal mining activities are vital to the local and regional
economies.
Coal from the North Fork Valley helps fuel clean coal
technology and provide the USA with low-cost, reliable energy.
Visual Resources--Removal of vegetation, ground disturbance and
[[Page 24677]]
structures related to future surface facilities needed to manage
methane may negatively impact visuals.
Wildlife--Removal of vegetation related to future surface
facilities needed to manage methane may negatively impact Canada lynx.
Subsidence--
Subsidence may affect wildlife habitat, including effects
to riparian habitat
Subsidence may affect water resources including local
water quality and quantity.
Subsidence may affect cultural resources.
Subsidence may affect other land uses, including range
improvements, cattle trails and other multiple uses of the land.
Climate Change--Effects on climate change may occur from mining
coal which stem from the release of methane through the mine
ventilation system, release of methane through any gob vent boreholes
and release of CO2 caused by the burning of coal that is
mined.
Scoping Process
In addition to receiving and considering previous comments from the
public, the agency continues to accept and consider public comments to
guide the development of this environmental impact statement and the
resulting decision. Additional comments should clearly articulate the
reviewer's concerns and contentions, and focus on the adequacy of
stipulations proposed as they relate to the protection of surface
resources. Comments received in response to this solicitation,
including names and addresses of those who comment, will be part of the
public record for this proposed action. Comments submitted anonymously
will be accepted and considered, however.
Dated: April 19, 2012.
Sherry Hazelhurst,
Acting Forest Supervisor.
[FR Doc. 2012-9920 Filed 4-24-12; 8:45 am]
BILLING CODE 3410-11-P