Notice of Intent To Initiate Public Scoping and Prepare an Environmental Impact Statement for the San Juan Mine Deep Lease Extension Mining Plan Modification, 14745-14747 [2017-05645]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of Surface Mining Reclamation and Enforcement

[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14745-14747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05645]



[[Page 14745]]

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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1S SS08011000 SX064A000 178S180110; S2D2S SS08011000 SX064A00 
17XS501520]


Notice of Intent To Initiate Public Scoping and Prepare an 
Environmental Impact Statement for the San Juan Mine Deep Lease 
Extension Mining Plan Modification

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Notice of intent to initiate public scoping and prepare an 
Environmental Impact Statement (EIS).

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are notifying the public that we intend to prepare a draft 
environmental impact statement (EIS) to evaluate the impacts of 
alternatives relating to the San Juan Coal Company's proposed mining 
plan modification for the Deep Lease Extension (DLE). The EIS will 
analyze the direct, indirect, and cumulative impacts of the Company's 
DLE mining plan modification, Federal Coal Lease NM-99144, at the 
existing San Juan Mine. The EIS will also analyze the effects of coal 
combustion at the Public Service Company of New Mexico's San Juan 
Generating Station (SJGS or the Generating Station). OSMRE is 
soliciting public comments on the proposed Project, scope of the EIS, 
and the significant issues that should be analyzed in the EIS.

DATES: 
    Comments: We will accept comments received or postmarked on or 
before May 8, 2017. Any comments that we receive after the closing date 
may not be considered.
    Scoping Meetings: We will hold public scoping open houses at the 
following times and locations during the scoping period:
     Monday, April 10th from 5:00 p.m. to 8:00 p.m. at the 
Indian Pueblo Cultural Center at 2401 12th St. NW., Albuquerque, New 
Mexico.
     Tuesday, April 11th from 5:00 p.m. to 8:00 p.m. at the Ute 
Community Center at 785 Sunset Road, Towaoc, Colorado.
     Wednesday, April 12th, from 5:00 p.m. to 8:00 p.m. at the 
Shiprock High School approximately a half-mile west on US-64 from US-
491 in Shiprock, New Mexico.
     Thursday, April 13th, from 5:00 p.m. to 8:00 p.m. at the 
Farmington City Civic Center at 200 West Arrington St., Farmington, New 
Mexico.
     Friday, April 14th, from 4:00 p.m. to 7:00 p.m. at the 
Durango Community Recreation Center at 2700 Main Avenue, Durango, 
Colorado.
    At the scoping meetings, the public is encouraged to submit 
resource information, and identify topics to be considered in the 
development of the EIS. Written and oral comments will be accepted at 
each meeting.

ADDRESSES: 
    You may submit written comments by one of the following methods:
    Email--Comments should be sent to: osm-nepa-nm@osmre.gov.
     Mail/Courier--Written comments should be sent to:

Gretchen Pinkham, OSMRE
c/o Catalyst Environmental Solutions
P.O. Box 56539
Sherman Oaks, CA 91413

At the top of your written submission or in the subject line of your 
email message, please indicate that the comments are ``San Juan Mine 
EIS Comments.''
    We request that you send comments only by one of the methods 
described above.

FOR FURTHER INFORMATION CONTACT: For further information about the 
Project and/or to have your name added to the mailing list, contact: 
Gretchen Pinkham, OSMRE Project Manager, at 303-293-5088 or by email at 
osm-nepa-nm@osmre.gov. 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 
to your message during normal business hours.

SUPPLEMENTARY INFORMATION:

I. Background on the Project
II. Mining Plan Modification for the DLE
III. Alternatives and Related Impacts under Consideration
IV. Public Comment Procedures

I. Background on the Project

    As established by the Mineral Leasing Act of 1920, the Surface 
Mining Control and Reclamation Act (SMCRA) of 1977, as amended (30 
U.S.C. 1201-1328), and the Cooperative agreement between the State of 
NM and the DOI Secretary in accordance with Section 523(c) of SMCRA, 
and 30 U.S.C. 1273(c), the Company's Permit Application Package (PAP) 
must be reviewed and approved before the Company may conduct 
underground mining and reclamation operations to develop the DLE 
Federal Coal Lease NM-99144. The NM Mining and Minerals Division (NM 
MMD) is the regulatory authority responsible for reviewing and 
approving PAPs, and OSMRE is responsible for the oversight of the NM 
MMD coal program. OSMRE is also responsible for making recommendations 
to the Assistant Secretary for Land and Minerals Management (ASLM) 
regarding decisions on proposed mining plan modifications for federally 
leased coal (30 CFR 476.13). The NM MMD approved the PAP for the DLE on 
October 22, 1999. OSMRE submitted a mining plan decision document to 
the ASLM which was approved by the ASLM on January 17, 2008, which 
included a Finding of No Significant Impact signed by OSMRE in 2007 and 
the Bureau of Land Management's (BLM) 1998 decision record on the 
amendment to the 1988 Farmington Resource Management Plan to include 
the Federal Coal Lease NM-99144 for the San Juan Mine's DLE.
    Pursuant to the National Environmental Policy Act (NEPA) of 1969, 
as amended, 42 United States Code (U.S.C.) 4231-4347; the Council on 
Environmental Quality's (CEQ) regulations for implementing NEPA, 40 
Code of Federal Regulations (CFR) parts 1500 through 1508; and the 
Department of the Interior's (DOI) NEPA regulations, 43 CFR part 46, 
we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), 
are notifying the public that we intend to prepare a draft 
environmental impact statement (EIS) to evaluate the impacts of 
alternatives relating to the San Juan Coal Company's proposed mining 
plan modification for the Deep Lease Extension (DLE). Preparation of 
the EIS will be completed pursuant to the court-approved Voluntary 
Remand, as approved by the United States District Court for the 
District of NM on August 31, 2016, in the case entitled WildEarth 
Guardians v. U.S. Office of Surface Mining et al., Case 1:14-cv-00112-
RJ-CG (D. NM 2016). As part of the court-approved Voluntary Remand, 
OSMRE agreed to prepare an EIS and Mining Plan Decision Document within 
three years for the San Juan Mine's mining activity within Federal Coal 
Lease NM-99144, the DLE, beginning in 2008 and continuing through the 
life of reserves for the DLE. The San Juan Mine currently delivers 
approximately 6 million tons per year (tpy) of coal from the DLE and 
other approved mining areas to the Generating Station and will continue 
delivering at that rate through 2017. It is anticipated that 
approximately 3 million tpy of coal from the DLE and other approved 
mining areas would be delivered to the

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Generating Station post-2017. Mining activities within the DLE have 
been ongoing since OSMRE approval in 2008, and continue presently. Per 
the Voluntary Remand, mining operations within the DLE are allowed to 
proceed during the development of the EIS.
    The above-referenced court order stipulates that the Secretary's 
approval of the 2008 mining plan modification for the DLE would be 
vacated if OSMRE does not complete the EIS process and issue a decision 
by August 31, 2019, absent a court order for good cause shown. As a 
result, OSMRE has identified a need to re-evaluate its previous mining 
plan modification recommendation for this area based, in part, on (1) 
the PAP submitted to OSMRE and NM MMD, and (2) new information 
regarding potentially affected resources available since the 2008 MPDD 
approval.
    The underground operations at San Juan Mine use longwall mining 
methods consisting of one longwall miner and continuous miner in the 
development portion of the Mine. Underground mining occurs within 
multiple state and federal lease areas at the San Juan Mine; these are 
generally referred to as the Deep Lease and DLE Areas. Since 
authorization in 2008, the Company has mined approximately 18 million 
tons of coal in the DLE. The mine currently employs approximately 360 
people. The approved NM MMD permit area would not increase from its 
present approximate size of 17,726 acres. A total of approximately 
15,404 acres of federally owned coal remains within the current San 
Juan Mine permit area, approximately 4,484 acres of which is within the 
DLE. The 2008 mining plan modification would not increase any acres of 
federal surface lands or any acres of federal coal to the approved 
permit area, but would authorize the recovery of approximately 36.6 
million tons of federal coal from 4,484 acres of federal coal from the 
DLE. The remaining coal reserves in the DLE and other approved mining 
areas will allow the mine to continue operating at the anticipated 
mining rates until approximately 2033. The post-mining land use remains 
grazing and wildlife habitat.
    The Bureau of Land Management (BLM); U.S. Fish and Wildlife Service 
(USFWS), and NM MMD will cooperate with OSMRE in the preparation of the 
EIS. Additional Cooperating Agencies may be identified during the 
scooping process.
    OSMRE will also consult the New Mexico State Historic Preservation 
Officer in compliance with Section 106 of the National Historic 
Preservation Act (NHPA) of 1966, as amended (54 U.S.C. 300101-307108), 
as provided for in 36 CFR 800.2(d)(3) concurrently with the NEPA 
process, including the public involvement requirements. Native American 
tribal consultations will be conducted in accordance with DOI policy. 
Federal, Tribal, State and local agencies, along with other 
stakeholders that may be interested in or affected by OSMRE's decision 
on the Project, are invited to participate in the scoping process and, 
if eligible, may request or be requested by OSMRE to participate as a 
cooperating agency.
    As part of its consideration of impacts of the Project on 
threatened and endangered species, OSMRE will consult the USFWS 
pursuant to Section 7 of the Endangered Species Act (ESA) of 1973, as 
amended (16 U.S.C. 1531 et seq.) and its implementing regulations. The 
consultation will consider direct and indirect impacts from the 
proposed Project, including Project related coal combustion emissions 
generated by SJGS from the combustion of DLE coal.
    In addition to compliance with NEPA, NHPA Section 106, and ESA 
Section 7, all federal actions will be in compliance with applicable 
requirements of the SMCRA; the CWA, 33 U.S.C. 1251-1387; the Clean Air 
Act of 1970, as amended, 42 U.S.C. 7401-7671q; the Native American 
Graves Protection and Repatriation Act of 1990, as amended, 25 U.S.C. 
3001-3013; and Executive Orders relating to Environmental Justice, 
Sacred Sites, and Tribal Consultation, and other applicable laws and 
regulations.

II. Mining Plan Modification for the DLE

    The Company's mining plan modification provides for continued 
development of the DLE, Federal Coal Lease NM-99144, within the San 
Juan Mine permit area. Due to the retirement of coal fired Units 2 and 
3 at the Generating Station, the annual production rate of the DLE 
would be reduced from the current annual production rate of 4-6 million 
tons to an annual production rate of 2-3 million tons for approximately 
10-15 years beginning in 2017. The Generating Station, located 
approximately 4 miles northeast of Waterflow and 15 miles west of 
Farmington, NM, is operated by Public Service Company of New Mexico on 
its own behalf and on behalf of eight other owners. The Generating 
Station currently operates four coal-fired units which generate 1800 
megawatts and provide power to Arizona, NM, Utah, and California. 
However, Units 2 and 3 will be retired by December 31, 2017. The 
Generating Station's Units 1 and 4 would remain operational, generating 
approximately 910 megawatts burning approximately 3 million tons of 
coal per year. Federal Coal Lease NM-99144 encompasses 4,483.88 acres 
and includes:
Township 30, North, Range 14 West, NMPM
    Section 17: All;
    Section 18: All;
    Section 19: All;
    Section 20: All;
    Section 29: All;
    Section 30: All;
    Section 31: Lot 1 (41.70 acres), Lot 2 (41.21 acres), Lot 3 (40.73 
acres), Lot 4 (40.24 acres), N\1/2\, N\1/2\S\1/2\

    Upon completion of the EIS and issuance of the Record of Decision, 
OSMRE will submit a mining plan decision document to the ASLM to 
recommend approval, disapproval, or approval with conditions of the 
proposed mining plan modification for the continuation or cessation of 
the San Juan Mine to mine the DLE within Federal Coal Lease NM-99144 
within the three year period required under the Voluntary Remand. The 
ASLM will decide whether the mining plan modification is approved, 
disapproved, or approved with conditions.

III. Alternatives and Related Impacts Under Consideration

    The analysis in the EIS will address direct, indirect, and 
cumulative impacts of the Proposed Action and Alternatives. Since the 
NOI must be published prior to the scoping process, in compliance with 
40 CFR 1501.7, OSMRE may need to modify the Proposed Action and 
Alternatives from those presented in this NOI based on issues raised 
during scoping. The scoping process provides, among other things, the 
opportunity for interested parties to identify issues and propose 
alternative actions. As explained in the DOI regulations for 
implementing NEPA, the input received during scoping efforts is 
important to help define the issues for consideration. However, 
suggestions obtained during scoping are not binding but are only 
important options for the lead agency to consider (43 CFR 46.235(b)).
    Alternatives for the Project that are currently under consideration 
include:
    (a) Proposed Action Alternative--The DLE as proposed and approved 
in the PAP and the 2008 Mining Plan Decision Document.
    (b) Alternate Mining Technique, room and pillar and retreat 
mining--An alternative mining technique alternative would utilize room 
and pillar and retreat mining methods instead of the current longwall 
mining technique

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being utilized in the DLE. This alternative would be analyzed as a 
variation to the Proposed Action and Current Mining Activity 
Alternatives.
    (c) No Action Alternative--as described above, the court-approved 
Voluntary Remand will vacate the 2008 mining plan modification for the 
DLE if the EIS and Mining Plan Decision Document are not complete 
within three years, by August 31, 2019. Therefore, in this instance, 
the No Action Alternative is to continue with the present course of 
action (mining) until that action is changed (through vacatur of the 
mining plan approval). Implementation of the no action alternative 
would result in the discontinuation of mining activities at San Juan 
Mine and the final closure and reclamation activities at the Mine. As a 
consequence of Mine shutdown, the Generating Station would likely cease 
operations after any stockpiled coal is used. Considering mining 
activities in the DLE have been ongoing since 2008 and will continue 
throughout the NEPA process, the baseline conditions for the No Action 
Alternative will reflect the conditions present in August 2019, when 
the ASLM has made a decision on the mining plan modification based on 
OSMRE's recommendation in the mine plan decision document.
    (d) Any environmentally preferable alternatives that may be 
identified in accordance with 40 CFR part 1500 and 43 CFR part 46.
    The purpose of the public scoping process is to determine relevant 
issues that could influence the scope of the environmental analysis, 
including alternatives, and guide the process for developing the EIS 
and related compliance efforts. The final range of reasonable 
alternatives to be considered will be determined based, in part, on the 
issues raised during the scoping process.
    At present, OSMRE has identified the following preliminary issues 
and potential impacts:
     Federally listed threatened and endangered species, 
including but not limited to the Razorback sucker (Xyrauchen texanus), 
Colorado pikeminnow (Ptychochelius lucius), and Southwestern Willow 
Flycatcher (Empidonax traillii extimus);
     Air quality and climate change;
     Surface and ground water resources (including potential 
wetlands and floodplains);
     Environmental Justice considerations;
     Cultural and historic resources;
     Biological resources (including wildlife, fish, and 
vegetation);
     Visual resources;
     Public health and safety;
     Land use and recreational resources;
     Transportation and access;
     Socioeconomics; and
     Noise and vibration.

IV. Public Comment Procedures

    In accordance with the CEQ's regulations for implementing NEPA and 
the DOI's NEPA regulations, OSMRE solicits public comments on the scope 
of the EIS and significant issues that should be addressed in the EIS.
    Written comments, including email comments, should be sent to OSMRE 
at the addresses given in the ADDRESSES section of this Notice. 
Comments should be specific and pertain only to the issues relating to 
the Project and EIS. OSMRE will include all comments in the project 
record.
    If you would like to be placed on the mailing list to receive 
future information, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT, above. Navajo and Ute interpreters will be present 
at meetings on the Navajo and Ute Mountain Ute Reservations, 
respectively.

Scoping Meetings

    See DATES section above for the dates and times of the public 
scoping meetings. The primary purpose of the meetings and the public 
comment period is to provide the public with a general understanding of 
the background of the proposed action and to solicit suggestions and 
information on the scope of issues and alternatives we should consider 
when preparing the DEIS. Written and oral comments will be accepted at 
the meetings. Comments can also be submitted by the methods listed in 
the ADDRESSES section. Once the DEIS is complete and made available for 
review, there will be additional opportunity for public comment.
    Persons needing reasonable accommodations in order to attend and 
participate in the public scoping meetings should contact the person 
listed under the FOR FURTHER INFORMATION CONTACT section at as soon as 
possible. In order to allow sufficient time to process requests, please 
make contact no later than one week before the public meeting. Navajo 
and Ute interpreters will be present at meetings held on the Navajo and 
Ute Mountain Ute Reservations, respectively.

Availability of Comments

    OSMRE will make comments, including name of respondent, address, 
phone number, email address, or other personal identifying information, 
available for public review during normal business hours. Comments 
submitted anonymously will be accepted and considered; however, those 
who submit anonymous comments may not have standing to appeal the 
subsequent decision.
    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--will be publicly available. 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.
    All submissions from organizations or businesses and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses will be available for public review to the 
extent consistent with applicable law.

    Dated: February 28, 2017.
David Berry,
Regional Director, Western Region.
[FR Doc. 2017-05645 Filed 3-21-17; 8:45 am]
 BILLING CODE 4310-05-P