Notice of Intent To Prepare an Environmental Impact Statement and Notice of Public Scoping Meetings for the Navajo Generating Station-Kayenta Mine Complex Project, Arizona, 28546-28549 [2014-11319]
Download as PDF
<![CDATA[
28546
Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Notices
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The BLM
will offer a direct sale for the
reversionary interest in the following
described land in Butte County,
California. The reversionary interest is
proposed for direct sale in accordance
with Section 203 of the FLPMA.
EMCDONALD on DSK67QTVN1PROD with NOTICES
Mount Diablo Meridian,
T. 19 N., R. 6 E.,
Sec. 10, lot 27.
The area described contains 5 acres.
The BLM conveyed the surface estate
to Forbestown Lodge No. 50 in 1971 in
patent 04–71–0165 under the authority
of the Recreation and Public Purpose
Act of June 14, 1926, (R&PP) for a lodge,
playground, and parking area. Only the
playground and parking area were
developed. The United States (U.S.)
retained a reversionary interest which
could result in title reverting to the U.S.
if the land is used for purposes not
allowed under the R&PP Act or is
transferred to another party without the
BLM’s approval. The BLM received a
request from Forbestown Lodge No. 50
to purchase the Federal reversionary
interest to allow possible commercial
use of the land, allow use of the land as
collateral for a construction loan, and to
transfer the land to another party
without the BLM’s approval.
The Federal reversionary interest here
is difficult and uneconomic to manage
as part of the public lands because it is
surrounded by private land and is not
contiguous to any public land
administered by the BLM. The
regulations at 43 CFR 2711.3–3(a)
permit the BLM to make direct sale of
public lands when a competitive sale is
not appropriate. The BLM has
determined that the public interest
would best be served by a direct sale to
Forbestown Lodge No. 50, which
currently owns the land subject to the
Federal reversionary interest and has
constructed the facilities identified
above. The Federal reversionary interest
in the land described above was not
identified for sale in the 1993 Redding
Resource Management Plan, as
amended. As a result, a plan
amendment is required to sell the
Federal reversionary interest. The BLM
released a plan amendment and
environmental assessment which
identifies the Federal reversionary
interest as suitable for sale. Information
on the plan amendment is available at
the location identified in ADDRESSES
above.
The Federal reversionary interest will
not be sold until at least July 15, 2014.
Any conveyance document issued will
VerDate Mar<15>2010
20:00 May 15, 2014
Jkt 232001
only convey the reversionary interest
retained by the U.S. in patent 04–71–
0165 and will contain the following
terms, conditions, and reservations:
1. A condition that the conveyance be
subject to all valid existing rights of
record.
2. A condition that the conveyance
will be subject to all reservations,
conditions and restrictions in patent 04–
71–0165, except the Federal
reversionary interest which is being
conveyed.
3. An appropriate indemnification
clause protecting the U.S. from claims
arising out of the patentee’s use,
occupancy, or operations on the
patented lands.
4. Additional terms and conditions
that the authorized officer deems
appropriate. Detailed information
concerning the proposed sale including
the appraisal, planning and
environmental document are available
for review at the location identified in
ADDRESSES above.
Public comments regarding the
proposed sale may be submitted in
writing to the attention of the BLM
Redding Field Manager (see ADDRESSES
above) on or before June 30, 2014.
Comments received in electronic form,
such as email will not be considered.
Any comments regarding the proposed
sale will be reviewed by the BLM State
Director or other authorized official of
the Department of the Interior, who may
sustain, vacate, or modify this realty
action in whole or in part. In the
absence of timely filed objections, this
realty action will become the final
determination of the Department of the
Interior.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Authority: 43 CFR 2711.1–2(a) and (c).
Cynthia Staszak,
Associate Deputy State Director, Resources
California.
[FR Doc. 2014–11394 Filed 5–15–14; 8:45 am]
BILLING CODE 4310–40–P
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
[RR03250000, XXXR4079V4,
RX.12256210.2029600]
Notice of Intent To Prepare an
Environmental Impact Statement and
Notice of Public Scoping Meetings for
the Navajo Generating Station-Kayenta
Mine Complex Project, Arizona
Bureau of Reclamation,
Interior.
ACTION: Notice.
AGENCY:
The Bureau of Reclamation,
as the lead Federal agency, and the
Bureau of Indian Affairs and Office of
Surface Mining Reclamation and
Enforcement as key cooperating
agencies, are initiating preparation of an
Environmental Impact Statement for the
proposed Navajo Generating StationKayenta Mine Complex (NGS–KMC)
Project (Project). The Proposed Action
would provide Federal approvals and/or
decisions necessary to continue the
operation and maintenance of NGS–
KMC facilities through December 22,
2044.
DATES: Submit written comments on the
scope of the Environmental Impact
Statement on or before July 7, 2014.
Ten public scoping meetings will be
held to receive comments on the scope
of the Environmental Impact Statement.
See the SUPPLEMENTARY INFORMATION
section for meeting dates and times.
ADDRESSES: Send written comments on
the scope of the Environmental Impact
Statement to the Phoenix Area Office,
Bureau of Reclamation (ATTN:
NGSKMC–EIS), 6150 W. Thunderbird
Road, Glendale, AZ 85306–4001; via
facsmile to (623) 773–6486, or email to
NGSKMC-EIS@usbr.gov.
Please see SUPPLEMENTARY
INFORMATION section for meeting
locations.
FOR FURTHER INFORMATION CONTACT: Ms.
Sandra Eto, (623) 773–6254, or by email
at NGSKMC-EIS@usbr.gov. Additional
information is available online at
https://www.ngskmc-eis.net.
SUPPLEMENTARY INFORMATION: Pursuant
to the National Environmental Policy
Act (NEPA) of 1969, as amended, 42
U.S.C. 4231–4347; the Council on
Environmental Quality’s Regulations for
Implementing the Procedural Provisions
of NEPA, 40 CFR Parts 1500 through
1508; and the Department of the
Interior’s (DOI) regulations, 43 CFR Part
46, the Bureau of Reclamation
(Reclamation) intends to prepare an
Environmental Impact Statement (EIS)
on the NGS–KMC Project. The Proposed
SUMMARY:
E:\FR\FM\16MYN1.SGM
16MYN1
EMCDONALD on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Notices
Action would provide Federal approvals
and/or decisions necessary to continue
the operation and maintenance of NGS–
KMC facilities through December 22,
2044, including, but not limited to:
a. Peabody Western Coal Company’s
(PWCC) proposed revision to the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA)
Permit and life-of-mine (LOM) plan to
identify the timing and sequence of
continued coal mining operations
through December 22, 2044, to
incorporate existing shared support
facilities from the former Black Mesa
Mine into the Kayenta Mine, and to
relocate a portion of an existing road;
b. A proposed amendment to the NGS
site lease and right-of-way issuances or
renewal(s), as approved by the Navajo
Nation Council, to provide continued
economic benefits to the Navajo Nation
and the generation of long-term,
reliable, and cost-effective power on a
timely basis by NGS (using reliable and
readily accessible fuel, transmission
systems and water conveyance facilities)
through December 22, 2044;
c. Federal consents and other
approvals needed to continue the
United States’ participation in NGS to
supply power and energy to operate the
Central Arizona Project (CAP) pumps,
and Reclamation’s continued sale of
NGS power (surplus to CAP needs) to
produce revenues that are deposited to
the Lower Colorado River Basin
Development Fund (Development
Fund); and
d. Other Federal approvals needed to
continue the operation of NGS after
2019, including, but not limited to,
Federal approvals relating to rights-ofway, electric transmission lines and
related facilities, water service and
water conveyance facilities.
Other Federal and tribal actions also
would be needed under the proposed
action. Reclamation has invited the
following Federal and tribal action
agencies to become cooperating
agencies: the Bureau of Indian Affairs
(BIA), Office of Surface Mining
Reclamation and Enforcement (OSMRE),
Bureau of Land Management, Fish and
Wildlife Service, and National Park
Service (collectively, DOI); U.S.
Environmental Protection Agency; U.S.
Department of Agriculture, Forest
Service; Department of Labor Mine
Safety and Health Administration; U.S.
Department of Energy, Western Area
Power Administration; the Navajo
Nation; and the Hopi Tribe. Federal,
tribal, state, and local agencies, along
with other stakeholders that may be
interested in or affected by the Federal
agencies’ decisions on the Project, are
invited to participate in the scoping
VerDate Mar<15>2010
20:00 May 15, 2014
Jkt 232001
process and, if eligible, may request or
be requested by Reclamation to
participate as a cooperating agency.
Background
The NGS is a coal-fired power plant
located on Navajo Reservation trust land
near Page, Arizona. NGS provides
baseload power to over 1 million
customers in Arizona, California and
Nevada. It is the primary source of
electricity for operation of the CAP. The
CAP, a Federal reclamation project
constructed by Reclamation, delivers
Colorado River water to tribal,
agricultural, municipal, and industrial
water users in Maricopa, Pinal, and
Pima counties, Arizona. The Salt River
Project Agricultural Improvement and
Power District (SRP) is the operating
agent of NGS and holds a 21.7%
ownership interest in NGS on its own
behalf. SRP also holds a 24.3%
ownership interest in NGS for the use
and benefit of the United States of
America. NGS’s other owners are
Arizona Public Service Company, the
Department of Water and Power of the
City of Los Angeles, Nevada Power
Company, and Tucson Electric Power
Company. These owners, SRP, and the
United States are collectively referred to
as the ‘‘NGS Participants.’’
The Co-Tenancy Agreement for the
NGS, dated March 23, 1976, (CoTenancy Agreement) among the NGS
Participants establishes the terms and
conditions relating to the NGS
Participants’ interests in NGS and its
related facilities, and establishes certain
rights and obligations of the parties. In
general terms, the Co-Tenancy
Agreement allows the United States to
participate in the decisions that affect
Federal interests at NGS, and requires
consent from the United States
concerning agreements and actions that
affect the Federal interest at NGS.
Federal Authority for NGS
Contracting. The source of the United
States’ legal authority to enter into
agreements to participate as an NGS
Participant is the Colorado River Basin
Project Act of 1968 (82 Stat. 885). The
Colorado River Basin Project Act
provides that the United States ‘‘may
enter into agreements with non-Federal
interests proposing to construct thermal
generating powerplants whereby the
United States shall acquire the right to
such portions of their capacity,
including delivery of power and energy
over appurtenant transmission facilities
to mutually agreed upon delivery
points, as . . . required in connection
with the operation of the Central
Arizona Project.’’ Current operation of
NGS specifically includes contracts
entered into by the Secretary of the
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
28547
Interior to provide a source of power
and energy to operate the CAP, and to
provide a source of revenue for the
Development Fund, to implement
Indian water rights settlements
described in the Arizona Water
Settlements Act of 2004 (118 Stat. 3478),
and for other statutory purposes. The
Secretary of the Interior has delegated
the authority to carry out NGS contracts
to Reclamation. Reclamation also serves
as the Contractor for the existing Water
Service Contract supplying Colorado
River water to NGS, which expires on
December 31, 2033. Pursuant to the
Colorado River Storage Project Act of
1956 (70 Stat. 105), and other Federal
reclamation laws, Reclamation must
negotiate and approve the terms of any
extension of the Water Service Contract
after this date.
Current NGS Operation. SRP operates
NGS on the Navajo Reservation
pursuant to an Indenture of Lease with
the Navajo Nation for the plant site,
which has been in effect since December
23, 1969 (the NGS Lease). The initial
term of the NGS Lease is 50 years (i.e.,
through December 22, 2019).
Additionally, a Grant of Right-of-Way
and Easement issued by DOI (323 Grant)
encompasses the plant site, and another
323 Grant and Easement was issued for
an adjoining railroad. The initial term of
the 323 Grant for the NGS plant site
expires at the end of 2019, while the
initial term of the 323 Grant for the
railroad expires in 2021. NGS is served
by the western and southern
transmission systems, each of which is
supported by a 323 Grant. Offreservation, these systems are supported
by grants of easement from other
agencies. The southern transmission
system extends south from NGS to just
north of Phoenix, Arizona; the western
transmission system extends west from
NGS to near Las Vegas, Nevada.
Because of the expiring leases and
rights-of-way, continued operation of
NGS beyond December 22, 2019
requires approval from multiple Federal
agencies, including the BIA. 25 U.S.C.
Part 415(a) provides for the lease of
lands on the Navajo Reservation, with
approval of the Secretary of the Interior,
for ‘‘. . .business purposes, including
the development or utilization of
natural resources in connection with
operations under such leases,’’ for up to
99 years. In accordance with Federal
regulations, 25 CFR Part 169, renewal or
reissuance of the grants is sought
through application to the BIA.
Current Kayenta Mine Operation. Coal
that fuels NGS is supplied by the
Kayenta Mine, operated by Peabody
Western Coal Company (PWCC) and
located on the Navajo Reservation and
E:\FR\FM\16MYN1.SGM
16MYN1
EMCDONALD on DSK67QTVN1PROD with NOTICES
28548
Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Notices
former Joint Use Area of the Navajo and
Hopi Reservations. Like NGS, the
operation of the Kayenta Mine requires
approval from multiple Federal
agencies. PWCC currently holds an
active SMCRA Permit (Federal Permit
Number AZ–0001E) that authorizes
PWCC to mine within the Kayenta Mine
permit area. PWCC is seeking to revise
its SMCRA Permit and LOM plan for the
Kayenta Mine in order to adjust and
identify the timing and sequence of
mining operations in certain coal
resource areas through 2044 and to
relocate portions of an existing road.
PWCC is currently authorized to
continue mining at the Kayenta Mine
post-2019, but the proposed revisions to
the SMCRA Permit and LOM plan
permit would increase operational
efficiency. Additionally, PWCC is
seeking to modify the existing permit
boundary to incorporate into the
Kayenta Mine permanent program
permit area facilities located on the
adjacent and now closed Black Mesa
Mine that are currently being used to
support the Kayenta Mine operations.
Upon incorporation of these mining
support facilities into the Kayenta Mine
permit area, the future operation, if
approved, would be identified as the
KMC. The proposed KMC permit
boundary expansion does not propose
future mining of the coal resources
remaining at the Black Mesa Mine.
In addition to the NGS Lease, 323
Grants, the KMC permit, and LOM plan,
many of the agreements and approvals
for the current operations at NGS and
the Kayenta Mine will require
reauthorization or revision in the near
future. Multiple Federal decisions must
be made in order for the needs currently
served by NGS and NGS-related
activities to continue to be met. Further,
as provided in the Co-Tenancy
Agreement, SRP must obtain the prior
written consent of the United States for
actions that would affect the interest in
NGS held by SRP for the use and benefit
of the United States.
Purpose and Need for the Proposed
Federal Actions. As an NGS Participant,
Reclamation needs to respond to the
expiring arrangements for the continued
operation of NGS. Reclamation’s
purpose for the proposed action is to
secure, after 2019, a reliable source of
power and energy that would be
continuously available to operate the
CAP pumps and sold as surplus power.
Reclamation is authorized to sell NGS
power that is excess to its needs and
deposit revenues from sale of this
‘‘surplus’’ power to the Development
Fund; these revenues are used annually
to assist in the repayment of the CAP
and defray costs of Indian water rights
VerDate Mar<15>2010
20:00 May 15, 2014
Jkt 232001
settlement-related projects. Consistent
with the Federal reclamation laws,
Reclamation also must negotiate and
approve the terms of any extension of
the Water Service Contract after 2033.
The OSMRE is responsible for
carrying out the requirements of
SMCRA in cooperation with States and
Tribes. As the regulatory authority on
Indian Lands, OSMRE is responsible for
ensuring that the operation of the KMC
would be in accordance with all
SMCRA requirements, including all
applicable environmental performance
and reclamation standards. Accordingly,
OSMRE needs to respond to PWCC’s
SMCRA Kayenta Mine permit revision
application and proposed mine plan
and determine whether to approve,
approve with special conditions, or
disapprove the application, in
accordance with the requirements of
SMCRA. OSMRE’s purpose for the
proposed action is to implement the
environmental protections, reclamation
standards, and other permitting
requirements under SMCRA while
balancing the United States’ need for
continued domestic coal production
with protection of the environment. (See
30 U.S.C. § 1202.)
The BIA must decide, consistent with
the requirements of 25 U.S.C. Part
415(a) and 25 CFR Part 169, and subject
to the consent of the Navajo Nation,
whether or not to approve the NGS
Lease amendment and other right-ofway issuances or renewal(s), which
would allow for the continued operation
of the NGS on Navajo Nation land
through December 22, 2044.
Each of the Federal decisions at issue
must be consistent with Federal Indian
policies, including, but not limited to, a
preference for tribal self-determination
and promoting tribal economic
development, for all tribes affected by
these Federal decisions.
Project Proponents’ Interests. The
non-Federal NGS Participants seek to
continue operation of the NGS beyond
the current lease agreement termination
date of December 22, 2019, through
December 22, 2044. The NGS provides
continuous, long-term, reliable, and
cost-effective baseload power to its
customers in the southwestern United
States using a reliable and readily
available fuel source, coal from the
Kayenta Mine. PWCC desires to
continue to provide an uninterrupted
coal supply to NGS in order for NGS to
continue power plant operations
through December 22, 2044.
Alternatives and Related Impacts
Under Consideration. Following are
some alternatives that are currently
being considered for inclusion in the
EIS. These alternatives are preliminary
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
and may be modified or eliminated
following scoping. Additional
alternatives may be added for
consideration after scoping.
• Proposed Action—Under the
Proposed Action, Reclamation and other
Federal agencies would provide Federal
approvals and/or decisions necessary to
continue the operation and maintenance
of the NGS–KMC facilities through
December 2044. NGS operations would
be in compliance with the forthcoming
Federal Implementation Plan for Best
Available Retrofit Technology under the
Clean Air Act, and applicable law.
• Partial Federal Replacement
Alternative—Under this alternative, the
Federal actions described above for the
Proposed Action would occur; some
portion of the United States’ share of
energy generated by NGS would be
replaced by energy generated from
renewable resources or generation that
reduces emissions from existing levels.
NGS operations would be in compliance
with the forthcoming Federal
Implementation Plan for Best Available
Retrofit Technology under the Clean Air
Act and other applicable law. The
degree to which this alternative may be
able to generate revenue for the
Development Fund would need to be
analyzed.
• Total Federal Replacement
Alternative—Under this alternative, the
United States’ total share of energy
generated by NGS would be replaced by
energy generated from renewable
resources or generation that reduces
emissions from existing levels. The
degree to which this alternative may be
able to generate revenue for the
Development Fund would need to be
analyzed.
• No Action Alternative—Under this
alternative, Reclamation and other
Federal agencies would not provide the
Federal approvals and/or decisions
necessary to continue the operation and
maintenance of the NGS and Kayenta
Mine facilities through December 2044.
NGS would cease operation on
December 22, 2019, and would not
provide a source of power and energy to
operate the CAP pumps or provide
revenues for the Development Fund.
The plant lease amendment and
associated rights-of-way would not be
approved by the BIA and other Federal
agencies. The proposed revisions to the
SMCRA Permit and LOM plan would
not be approved by OSMRE.
Reclamation would not enter into a
water service contract to provide water
service through December 22, 2044.
Currently topics being considered for
inclusion in the EIS include, but are not
limited to, the following:
• Air quality;
E:\FR\FM\16MYN1.SGM
16MYN1
EMCDONALD on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Notices
• Biological resources, including
traditional culturally sensitive species;
• Climate change;
• Cultural and historic resources,
traditional cultural properties, and
sacred sites;
• Environmental justice;
• Indian Trust Assets;
• Public health;
• Socioeconomic resources; and
• Water resources including surface
and groundwater quantity and quality.
As part of its consideration of impacts
of the proposed Project on threatened
and endangered species, Reclamation
will conduct formal consultation with
the Fish and Wildlife Service pursuant
to Section 7 of the Endangered Species
Act, 16 U.S.C. 1536, and its
implementing regulations, 50 CFR Part
400. Formal consultation will consider
direct and indirect impacts from the
proposed Project, including continued
operation and maintenance of NGS,
KMC, and their associated facilities and
existing transmission systems, as well as
cumulative impacts.
Reclamation will conduct compliance
with Section 106 of the National
Historic Preservation Act, 16 U.S.C.
470f, as provided for in 36 CFR
800.2(d)(3) concurrently with the NEPA
process, including public involvement
requirements and consultation with the
State Historic Preservation Officer(s)
and Tribal Historic Preservation
Officer(s). Native American tribal
consultations will be conducted in
accordance with applicable laws,
regulations, and DOI policy, and tribal
concerns will be given due
consideration, including impacts on
Indian Trust Assets.
Public Scoping Meeting Information.
Ten public scoping meetings will be
held to provide an overview of the
project and allow public comment and
discussion:
1. Tuesday, June 10, 2014, 4 p.m. to
7 p.m., Navajo Nation Museum,
Resource Room, Highway 264 Postal
Loop Road, Window Rock, Arizona.
2. Wednesday, June 11, 2014, 4 p.m.
to 7 p.m., Forest Lake Chapter House, 14
miles north of Pinon on Route N–41,
Arizona.
3. Thursday, June 12, 2014, 4 p.m. to
7 p.m., Monument Valley High School,
Cafeteria, 2 miles north of Highway 160
on Highway 163, Kayenta, Arizona.
4. Friday, June 13, 2014, 4 p.m. to 7
p.m., Shonto Chapter House, Building
S001–001, E. Navajo Road 221, Arizona.
5. Saturday, June 14, 2014, 1 p.m. to
4 p.m., Hopi Day School, Multipurpose
Room, Half mile East of Village Store on
Highway 254, Kykotsmovi, Arizona.
6. Monday, June 16, 2014, 4 p.m. to
7 p.m., LeChee Chapter House, 5 miles
VerDate Mar<15>2010
20:00 May 15, 2014
Jkt 232001
south of Page off of Coppermine Road,
LeChee, Arizona.
7. Tuesday, June 17, 2014, 4 p.m. to
7 p.m., City Hall Townhouse, 605 S.
Navajo Drive, Page, Arizona.
8. Wednesday, June 18, 2014, 4 p.m.
to 7 p.m., Tuba City High School
Cafeteria, Warrior Drive, Tuba City,
Arizona.
9. Thursday, June 19, 2014, 4 p.m. to
7 p.m., Phoenix Convention Center,
Room 129AB, 100 N. Third Street,
Phoenix, Arizona.
10. Friday, June 20, 2014, 4 p.m. to 7
p.m., Marana High School Cafeteria,
12000 W. Emigh Road, Tucson, Arizona.
Navajo interpreters will be present at
meetings on the Navajo Reservation and
at Kykotsmovi, and Hopi interpreters
will be present at meetings in
Kykotsmovi and Tuba City, AZ.
Special Assistance for Public Scoping
Meetings
If special assistance is required at the
scoping meetings, please contact Ms.
Sandra Eto at (623) 773–6254, or email
your assistance needs to NGSKMC-EIS@
usbr.gov, along with your name and
telephone number. Please indicate your
needs at least 2 weeks in advance of the
meeting to enable Reclamation to secure
the needed services. If a request cannot
be honored, the requestor will be
notified.
Public Disclosure
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Dated: May 12, 2014.
David Palumbo,
Deputy Regional Director, Lower Colorado
Region.
[FR Doc. 2014–11319 Filed 5–15–14; 8:45 am]
BILLING CODE 4310–MN–P
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
28549
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
[S1D1S SS08011000 SX066A000 67F
134S180110; S2D2S SS08011000 SX066A00
33F 13xs501520]
Notice To Extend the Public Comment
Period on the Draft Environmental
Impact Statement for the Four Corners
Power Plant and Navajo Mine Energy
Project
Office of Surface Mining
Reclamation and Enforcement (OSMRE),
Interior.
ACTION: Extension of public comment
period.
AGENCY:
We are allowing additional
time for the public to submit comments
on the draft environmental impact
statement (DEIS) for the Four Corners
Power Plant and Navajo Mine Energy
Project. We are extending the end of the
comment period from May 27, 2014 to
June 27, 2014.
DATES: To ensure consideration in
developing the EIS, we must receive
your electronic or written comments by
the close of the DEIS public comment
period on June 27, 2014.
ADDRESSES: Comments may be
submitted in writing or by email. At the
top of your letter or in the subject line
of your email message, please indicate
that the comments are ‘‘Four CornersNavajo Mine DEIS Comments.’’
• Email comments should be sent to:
fcppnavajoenergyeis@osmre.gov.
• Mail/Hand-Delivery/Courier:
Written comments should be sent to:
Marcelo Calle, OSMRE Western Region,
1999 Broadway, Suite 3320, Denver,
Colorado 80202–3050
FOR FURTHER INFORMATION CONTACT: For
further information about the Project
and/or to have your name added to the
mailing list, contact: Marcelo Calle,
OSMRE Project Coordinator, at 303–
293–5035. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: On March
28, 2014 (79 FR 17569), we published a
notice of availability (NOA) for the Four
Corners Power Plant and Navajo Mine
Energy Project DEIS. The NOA
requested public comments on the
content of the DEIS. The close of the
SUMMARY:
E:\FR\FM\16MYN1.SGM
16MYN1
]]>Agencies
[Federal Register Volume 79, Number 95 (Friday, May 16, 2014)]
[Notices]
[Pages 28546-28549]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11319]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
[RR03250000, XXXR4079V4, RX.12256210.2029600]
Notice of Intent To Prepare an Environmental Impact Statement and
Notice of Public Scoping Meetings for the Navajo Generating Station-
Kayenta Mine Complex Project, Arizona
AGENCY: Bureau of Reclamation, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Reclamation, as the lead Federal agency, and the
Bureau of Indian Affairs and Office of Surface Mining Reclamation and
Enforcement as key cooperating agencies, are initiating preparation of
an Environmental Impact Statement for the proposed Navajo Generating
Station-Kayenta Mine Complex (NGS-KMC) Project (Project). The Proposed
Action would provide Federal approvals and/or decisions necessary to
continue the operation and maintenance of NGS-KMC facilities through
December 22, 2044.
DATES: Submit written comments on the scope of the Environmental Impact
Statement on or before July 7, 2014.
Ten public scoping meetings will be held to receive comments on the
scope of the Environmental Impact Statement. See the SUPPLEMENTARY
INFORMATION section for meeting dates and times.
ADDRESSES: Send written comments on the scope of the Environmental
Impact Statement to the Phoenix Area Office, Bureau of Reclamation
(ATTN: NGSKMC-EIS), 6150 W. Thunderbird Road, Glendale, AZ 85306-4001;
via facsmile to (623) 773-6486, or email to NGSKMC-EIS@usbr.gov.
Please see SUPPLEMENTARY INFORMATION section for meeting locations.
FOR FURTHER INFORMATION CONTACT: Ms. Sandra Eto, (623) 773-6254, or by
email at NGSKMC-EIS@usbr.gov. Additional information is available
online at https://www.ngskmc-eis.net.
SUPPLEMENTARY INFORMATION: Pursuant to the National Environmental
Policy Act (NEPA) of 1969, as amended, 42 U.S.C. 4231-4347; the Council
on Environmental Quality's Regulations for Implementing the Procedural
Provisions of NEPA, 40 CFR Parts 1500 through 1508; and the Department
of the Interior's (DOI) regulations, 43 CFR Part 46, the Bureau of
Reclamation (Reclamation) intends to prepare an Environmental Impact
Statement (EIS) on the NGS-KMC Project. The Proposed
[[Page 28547]]
Action would provide Federal approvals and/or decisions necessary to
continue the operation and maintenance of NGS-KMC facilities through
December 22, 2044, including, but not limited to:
a. Peabody Western Coal Company's (PWCC) proposed revision to the
Surface Mining Control and Reclamation Act of 1977 (SMCRA) Permit and
life-of-mine (LOM) plan to identify the timing and sequence of
continued coal mining operations through December 22, 2044, to
incorporate existing shared support facilities from the former Black
Mesa Mine into the Kayenta Mine, and to relocate a portion of an
existing road;
b. A proposed amendment to the NGS site lease and right-of-way
issuances or renewal(s), as approved by the Navajo Nation Council, to
provide continued economic benefits to the Navajo Nation and the
generation of long-term, reliable, and cost-effective power on a timely
basis by NGS (using reliable and readily accessible fuel, transmission
systems and water conveyance facilities) through December 22, 2044;
c. Federal consents and other approvals needed to continue the
United States' participation in NGS to supply power and energy to
operate the Central Arizona Project (CAP) pumps, and Reclamation's
continued sale of NGS power (surplus to CAP needs) to produce revenues
that are deposited to the Lower Colorado River Basin Development Fund
(Development Fund); and
d. Other Federal approvals needed to continue the operation of NGS
after 2019, including, but not limited to, Federal approvals relating
to rights-of-way, electric transmission lines and related facilities,
water service and water conveyance facilities.
Other Federal and tribal actions also would be needed under the
proposed action. Reclamation has invited the following Federal and
tribal action agencies to become cooperating agencies: the Bureau of
Indian Affairs (BIA), Office of Surface Mining Reclamation and
Enforcement (OSMRE), Bureau of Land Management, Fish and Wildlife
Service, and National Park Service (collectively, DOI); U.S.
Environmental Protection Agency; U.S. Department of Agriculture, Forest
Service; Department of Labor Mine Safety and Health Administration;
U.S. Department of Energy, Western Area Power Administration; the
Navajo Nation; and the Hopi Tribe. Federal, tribal, state, and local
agencies, along with other stakeholders that may be interested in or
affected by the Federal agencies' decisions on the Project, are invited
to participate in the scoping process and, if eligible, may request or
be requested by Reclamation to participate as a cooperating agency.
Background
The NGS is a coal-fired power plant located on Navajo Reservation
trust land near Page, Arizona. NGS provides baseload power to over 1
million customers in Arizona, California and Nevada. It is the primary
source of electricity for operation of the CAP. The CAP, a Federal
reclamation project constructed by Reclamation, delivers Colorado River
water to tribal, agricultural, municipal, and industrial water users in
Maricopa, Pinal, and Pima counties, Arizona. The Salt River Project
Agricultural Improvement and Power District (SRP) is the operating
agent of NGS and holds a 21.7% ownership interest in NGS on its own
behalf. SRP also holds a 24.3% ownership interest in NGS for the use
and benefit of the United States of America. NGS's other owners are
Arizona Public Service Company, the Department of Water and Power of
the City of Los Angeles, Nevada Power Company, and Tucson Electric
Power Company. These owners, SRP, and the United States are
collectively referred to as the ``NGS Participants.''
The Co-Tenancy Agreement for the NGS, dated March 23, 1976, (Co-
Tenancy Agreement) among the NGS Participants establishes the terms and
conditions relating to the NGS Participants' interests in NGS and its
related facilities, and establishes certain rights and obligations of
the parties. In general terms, the Co-Tenancy Agreement allows the
United States to participate in the decisions that affect Federal
interests at NGS, and requires consent from the United States
concerning agreements and actions that affect the Federal interest at
NGS.
Federal Authority for NGS Contracting. The source of the United
States' legal authority to enter into agreements to participate as an
NGS Participant is the Colorado River Basin Project Act of 1968 (82
Stat. 885). The Colorado River Basin Project Act provides that the
United States ``may enter into agreements with non-Federal interests
proposing to construct thermal generating powerplants whereby the
United States shall acquire the right to such portions of their
capacity, including delivery of power and energy over appurtenant
transmission facilities to mutually agreed upon delivery points, as . .
. required in connection with the operation of the Central Arizona
Project.'' Current operation of NGS specifically includes contracts
entered into by the Secretary of the Interior to provide a source of
power and energy to operate the CAP, and to provide a source of revenue
for the Development Fund, to implement Indian water rights settlements
described in the Arizona Water Settlements Act of 2004 (118 Stat.
3478), and for other statutory purposes. The Secretary of the Interior
has delegated the authority to carry out NGS contracts to Reclamation.
Reclamation also serves as the Contractor for the existing Water
Service Contract supplying Colorado River water to NGS, which expires
on December 31, 2033. Pursuant to the Colorado River Storage Project
Act of 1956 (70 Stat. 105), and other Federal reclamation laws,
Reclamation must negotiate and approve the terms of any extension of
the Water Service Contract after this date.
Current NGS Operation. SRP operates NGS on the Navajo Reservation
pursuant to an Indenture of Lease with the Navajo Nation for the plant
site, which has been in effect since December 23, 1969 (the NGS Lease).
The initial term of the NGS Lease is 50 years (i.e., through December
22, 2019). Additionally, a Grant of Right-of-Way and Easement issued by
DOI (323 Grant) encompasses the plant site, and another 323 Grant and
Easement was issued for an adjoining railroad. The initial term of the
323 Grant for the NGS plant site expires at the end of 2019, while the
initial term of the 323 Grant for the railroad expires in 2021. NGS is
served by the western and southern transmission systems, each of which
is supported by a 323 Grant. Off-reservation, these systems are
supported by grants of easement from other agencies. The southern
transmission system extends south from NGS to just north of Phoenix,
Arizona; the western transmission system extends west from NGS to near
Las Vegas, Nevada.
Because of the expiring leases and rights-of-way, continued
operation of NGS beyond December 22, 2019 requires approval from
multiple Federal agencies, including the BIA. 25 U.S.C. Part 415(a)
provides for the lease of lands on the Navajo Reservation, with
approval of the Secretary of the Interior, for ``. . .business
purposes, including the development or utilization of natural resources
in connection with operations under such leases,'' for up to 99 years.
In accordance with Federal regulations, 25 CFR Part 169, renewal or
reissuance of the grants is sought through application to the BIA.
Current Kayenta Mine Operation. Coal that fuels NGS is supplied by
the Kayenta Mine, operated by Peabody Western Coal Company (PWCC) and
located on the Navajo Reservation and
[[Page 28548]]
former Joint Use Area of the Navajo and Hopi Reservations. Like NGS,
the operation of the Kayenta Mine requires approval from multiple
Federal agencies. PWCC currently holds an active SMCRA Permit (Federal
Permit Number AZ-0001E) that authorizes PWCC to mine within the Kayenta
Mine permit area. PWCC is seeking to revise its SMCRA Permit and LOM
plan for the Kayenta Mine in order to adjust and identify the timing
and sequence of mining operations in certain coal resource areas
through 2044 and to relocate portions of an existing road. PWCC is
currently authorized to continue mining at the Kayenta Mine post-2019,
but the proposed revisions to the SMCRA Permit and LOM plan permit
would increase operational efficiency. Additionally, PWCC is seeking to
modify the existing permit boundary to incorporate into the Kayenta
Mine permanent program permit area facilities located on the adjacent
and now closed Black Mesa Mine that are currently being used to support
the Kayenta Mine operations. Upon incorporation of these mining support
facilities into the Kayenta Mine permit area, the future operation, if
approved, would be identified as the KMC. The proposed KMC permit
boundary expansion does not propose future mining of the coal resources
remaining at the Black Mesa Mine.
In addition to the NGS Lease, 323 Grants, the KMC permit, and LOM
plan, many of the agreements and approvals for the current operations
at NGS and the Kayenta Mine will require reauthorization or revision in
the near future. Multiple Federal decisions must be made in order for
the needs currently served by NGS and NGS-related activities to
continue to be met. Further, as provided in the Co-Tenancy Agreement,
SRP must obtain the prior written consent of the United States for
actions that would affect the interest in NGS held by SRP for the use
and benefit of the United States.
Purpose and Need for the Proposed Federal Actions. As an NGS
Participant, Reclamation needs to respond to the expiring arrangements
for the continued operation of NGS. Reclamation's purpose for the
proposed action is to secure, after 2019, a reliable source of power
and energy that would be continuously available to operate the CAP
pumps and sold as surplus power. Reclamation is authorized to sell NGS
power that is excess to its needs and deposit revenues from sale of
this ``surplus'' power to the Development Fund; these revenues are used
annually to assist in the repayment of the CAP and defray costs of
Indian water rights settlement-related projects. Consistent with the
Federal reclamation laws, Reclamation also must negotiate and approve
the terms of any extension of the Water Service Contract after 2033.
The OSMRE is responsible for carrying out the requirements of SMCRA
in cooperation with States and Tribes. As the regulatory authority on
Indian Lands, OSMRE is responsible for ensuring that the operation of
the KMC would be in accordance with all SMCRA requirements, including
all applicable environmental performance and reclamation standards.
Accordingly, OSMRE needs to respond to PWCC's SMCRA Kayenta Mine permit
revision application and proposed mine plan and determine whether to
approve, approve with special conditions, or disapprove the
application, in accordance with the requirements of SMCRA. OSMRE's
purpose for the proposed action is to implement the environmental
protections, reclamation standards, and other permitting requirements
under SMCRA while balancing the United States' need for continued
domestic coal production with protection of the environment. (See 30
U.S.C. Sec. 1202.)
The BIA must decide, consistent with the requirements of 25 U.S.C.
Part 415(a) and 25 CFR Part 169, and subject to the consent of the
Navajo Nation, whether or not to approve the NGS Lease amendment and
other right-of-way issuances or renewal(s), which would allow for the
continued operation of the NGS on Navajo Nation land through December
22, 2044.
Each of the Federal decisions at issue must be consistent with
Federal Indian policies, including, but not limited to, a preference
for tribal self-determination and promoting tribal economic
development, for all tribes affected by these Federal decisions.
Project Proponents' Interests. The non-Federal NGS Participants
seek to continue operation of the NGS beyond the current lease
agreement termination date of December 22, 2019, through December 22,
2044. The NGS provides continuous, long-term, reliable, and cost-
effective baseload power to its customers in the southwestern United
States using a reliable and readily available fuel source, coal from
the Kayenta Mine. PWCC desires to continue to provide an uninterrupted
coal supply to NGS in order for NGS to continue power plant operations
through December 22, 2044.
Alternatives and Related Impacts Under Consideration. Following are
some alternatives that are currently being considered for inclusion in
the EIS. These alternatives are preliminary and may be modified or
eliminated following scoping. Additional alternatives may be added for
consideration after scoping.
Proposed Action--Under the Proposed Action, Reclamation
and other Federal agencies would provide Federal approvals and/or
decisions necessary to continue the operation and maintenance of the
NGS-KMC facilities through December 2044. NGS operations would be in
compliance with the forthcoming Federal Implementation Plan for Best
Available Retrofit Technology under the Clean Air Act, and applicable
law.
Partial Federal Replacement Alternative--Under this
alternative, the Federal actions described above for the Proposed
Action would occur; some portion of the United States' share of energy
generated by NGS would be replaced by energy generated from renewable
resources or generation that reduces emissions from existing levels.
NGS operations would be in compliance with the forthcoming Federal
Implementation Plan for Best Available Retrofit Technology under the
Clean Air Act and other applicable law. The degree to which this
alternative may be able to generate revenue for the Development Fund
would need to be analyzed.
Total Federal Replacement Alternative--Under this
alternative, the United States' total share of energy generated by NGS
would be replaced by energy generated from renewable resources or
generation that reduces emissions from existing levels. The degree to
which this alternative may be able to generate revenue for the
Development Fund would need to be analyzed.
No Action Alternative--Under this alternative, Reclamation
and other Federal agencies would not provide the Federal approvals and/
or decisions necessary to continue the operation and maintenance of the
NGS and Kayenta Mine facilities through December 2044. NGS would cease
operation on December 22, 2019, and would not provide a source of power
and energy to operate the CAP pumps or provide revenues for the
Development Fund. The plant lease amendment and associated rights-of-
way would not be approved by the BIA and other Federal agencies. The
proposed revisions to the SMCRA Permit and LOM plan would not be
approved by OSMRE. Reclamation would not enter into a water service
contract to provide water service through December 22, 2044.
Currently topics being considered for inclusion in the EIS include,
but are not limited to, the following:
Air quality;
[[Page 28549]]
Biological resources, including traditional culturally
sensitive species;
Climate change;
Cultural and historic resources, traditional cultural
properties, and sacred sites;
Environmental justice;
Indian Trust Assets;
Public health;
Socioeconomic resources; and
Water resources including surface and groundwater quantity
and quality.
As part of its consideration of impacts of the proposed Project on
threatened and endangered species, Reclamation will conduct formal
consultation with the Fish and Wildlife Service pursuant to Section 7
of the Endangered Species Act, 16 U.S.C. 1536, and its implementing
regulations, 50 CFR Part 400. Formal consultation will consider direct
and indirect impacts from the proposed Project, including continued
operation and maintenance of NGS, KMC, and their associated facilities
and existing transmission systems, as well as cumulative impacts.
Reclamation will conduct compliance with Section 106 of the
National Historic Preservation Act, 16 U.S.C. 470f, as provided for in
36 CFR 800.2(d)(3) concurrently with the NEPA process, including public
involvement requirements and consultation with the State Historic
Preservation Officer(s) and Tribal Historic Preservation Officer(s).
Native American tribal consultations will be conducted in accordance
with applicable laws, regulations, and DOI policy, and tribal concerns
will be given due consideration, including impacts on Indian Trust
Assets.
Public Scoping Meeting Information. Ten public scoping meetings
will be held to provide an overview of the project and allow public
comment and discussion:
1. Tuesday, June 10, 2014, 4 p.m. to 7 p.m., Navajo Nation Museum,
Resource Room, Highway 264 Postal Loop Road, Window Rock, Arizona.
2. Wednesday, June 11, 2014, 4 p.m. to 7 p.m., Forest Lake Chapter
House, 14 miles north of Pinon on Route N-41, Arizona.
3. Thursday, June 12, 2014, 4 p.m. to 7 p.m., Monument Valley High
School, Cafeteria, 2 miles north of Highway 160 on Highway 163,
Kayenta, Arizona.
4. Friday, June 13, 2014, 4 p.m. to 7 p.m., Shonto Chapter House,
Building S001-001, E. Navajo Road 221, Arizona.
5. Saturday, June 14, 2014, 1 p.m. to 4 p.m., Hopi Day School,
Multipurpose Room, Half mile East of Village Store on Highway 254,
Kykotsmovi, Arizona.
6. Monday, June 16, 2014, 4 p.m. to 7 p.m., LeChee Chapter House, 5
miles south of Page off of Coppermine Road, LeChee, Arizona.
7. Tuesday, June 17, 2014, 4 p.m. to 7 p.m., City Hall Townhouse,
605 S. Navajo Drive, Page, Arizona.
8. Wednesday, June 18, 2014, 4 p.m. to 7 p.m., Tuba City High
School Cafeteria, Warrior Drive, Tuba City, Arizona.
9. Thursday, June 19, 2014, 4 p.m. to 7 p.m., Phoenix Convention
Center, Room 129AB, 100 N. Third Street, Phoenix, Arizona.
10. Friday, June 20, 2014, 4 p.m. to 7 p.m., Marana High School
Cafeteria, 12000 W. Emigh Road, Tucson, Arizona.
Navajo interpreters will be present at meetings on the Navajo
Reservation and at Kykotsmovi, and Hopi interpreters will be present at
meetings in Kykotsmovi and Tuba City, AZ.
Special Assistance for Public Scoping Meetings
If special assistance is required at the scoping meetings, please
contact Ms. Sandra Eto at (623) 773-6254, or email your assistance
needs to NGSKMC-EIS@usbr.gov, along with your name and telephone
number. Please indicate your needs at least 2 weeks in advance of the
meeting to enable Reclamation to secure the needed services. If a
request cannot be honored, the requestor will be notified.
Public Disclosure
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Dated: May 12, 2014.
David Palumbo,
Deputy Regional Director, Lower Colorado Region.
[FR Doc. 2014-11319 Filed 5-15-14; 8:45 am]
BILLING CODE 4310-MN-P
