From: Subject: FR Doc E8-2557 Date: Mon, 25 Feb 2008 22:22:59 -0800 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/E8-2557.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 FR Doc E8-2557 
[Federal Register: February 12, 2008 (Volume 73, Number 29)]
[Notices]              =20
[Page 8060-8062]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe08-55]                        =20

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

DEPARTMENT OF AGRICULTURE

Forest Service

[UT-070-1320-EL; UTU-84102]

=20
Notice of Intent To Prepare an Environmental Impact Statement and=20
To Conduct Public Scoping on the Greens Hollow Coal Lease Tract

AGENCY: Bureau of Land Management, USDI, and Forest Service, USDA.

ACTION: Notice of Intent to prepare an environmental impact statement=20
(EIS) and to initiate public scoping for the Greens Hollow Coal Lease=20
Tract Lease by Application (LBA) filed by Ark Land Company, a=20
subsidiary of Arch Coal, Inc. in Sanpete and Sevier Counties, Utah.

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SUMMARY: Pursuant to Section 102 (2) (C) of the National Environmental=20
Policy Act (NEPA) of 1969, the Bureau of Land Management (BLM), Price=20
Field Office, and the Manti-La Sal and Fishlake National Forests=20
announce their intent to prepare an EIS and are soliciting public=20
comments regarding issues and resource information on the potential=20
impacts of a proposal to mine Federal coal, using underground methods=20
with limited surface facilities, in the vicinity of Greens Hollow, Utah=20
as requested by Ark Land Company in LBA case number UTU-84102 and in=20
conformance with the provisions of 43 Code of Federal Regulations (CFR)=20
3425.1.

DATES: This notice initiates the public scoping process. Comments=20
concerning the scope of the analysis must be received within 45 days of=20
publication in the Federal Register. The draft EIS is expected in June=20
of 2008 and the final EIS is expected in November of 2008.

ADDRESSES: Send written comments to Bureau of Land Management, Attn:=20
Steve Rigby, Price Field Office, 125 South 600 West, Price, Utah 84501.=20
Written comments may also be hand-delivered to the Price Field Office=20
or sent by facsimile to 435-636-3657. Comments may be sent=20
electronically to UT_Pr_Comments2@blm.gov =
(please reference Greens=20
Hollow Coal Lease Tract EIS in the subject field).

FOR FURTHER INFORMATION CONTACT: Steve Rigby, Project Manager, BLM=20
Price Field Office, 125 South 600 West, Price, Utah 84501 or phone 435-
636-3604.

SUPPLEMENTARY INFORMATION: The proposed Greens Hollow coal lease tract=20
is located on the Manti-La Sal and Fishlake National Forests on the=20
southern end of the Wasatch Plateau, Wasatch Plateau coal field, in the=20
Wasatch Plateau Known Recoverable Coal Resource Area (KRCRA). The=20
surface and coal resources are both federally owned. The Manti-La Sal=20
and Fishlake National Forests administer the surface resources, while=20
the BLM administers the subsurface coal resources.
    The Greens Hollow coal lease tract is located in the Muddy Creek=20
and North Fork Quitchupah Creek drainages. The area is approximately=20
10.5 air miles west of the town of Emery, Utah or 5 miles north of the=20
SUFCO mine portal in Convulsion Canyon. The final coal lease tract, as=20
amended by the Tract Delineation Team, encompasses 6,334 acres of=20
Federal coal estate. Most of the proposed lease is on the Manti-La Sal=20
National Forest (approximately 6,253 acres), while a small part along=20
the southern edge of the tract is on the Fishlake National Forest=20
(approximately 81 acres). A map of the proposed lease tract is=20
available at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?=
from=3DleavingFR.html&log=3Dlinklog&to=3Dhttp://cq.blm.gov/author=
/ut/en/fo/price/energy/Coal.html.

    Coal reserves in the Greens Hollow coal lease tract are estimated=20
at 73 million minable tons of coal. Ark Land Company has applied to the=20
BLM to lease the coal reserves to increase the production life of their=20
existing SUFCO Mine complex. The tract lies immediately adjacent to and=20
north and west of the existing SUFCO Mine. If Ark Land Company obtains=20
the tract, it would be mined by long-wall methods through underground=20
workings in their existing permit area. Existing portal facilities in=20
the SUFCO mine complex would be used. New surface facilities would=20
include two new vent shafts, a power line to one of the shafts, and=20
exploratory drill holes. The analysis of

[[Page 8061]]

impacts will be prepared assuming mining would be done through the=20
SUFCO mine. Because the lease offering would be by competitive bid, if=20
a company other than Ark Land were the successful bidder, the adequacy=20
of the EIS would be re-evaluated to determine if it could be used as=20
the basis for mining plan approval.
    The Greens Hollow EIS will be consistent with the Manti-La Sal and=20
Fishlake National Forests Land and Resource Management Plans (Forest=20
Plans). The Forest Plans provide the overall guidance (Goals,=20
Objectives, Standards, and Management Area Direction) to achieve the=20
Desired Future Condition for the area being analyzed, and contain=20
specific management area prescriptions for each Forest. The proposed=20
lease tract is in a management area that is available for further=20
consideration for coal leasing. The Forest Service and BLM have=20
determined that data are available to meet the Data Adequacy Standards=20
for Federal Coal Leasing, Uinta-Southwestern Utah Coal Region.
    The Greens Hollow coal tract falls within the Muddy Creek coal=20
tract and a 2-mile buffer, for which three years of field data were=20
collected and a technical analysis of potential effects to resources=20
present in the tract were completed in anticipation of a mining=20
proposal. In 2004 the Forest Service initiated the preparation of an=20
EIS for the Muddy Creek tract. Public scoping was conducted from March=20
5, 2004 through April 12, 2004 and a total of 10 responses were=20
received. Based on the scoping comments and internal agency review,=20
four resources were identified for detailed analysis in the Muddy Creek=20
EIS: water resources, wildlife and wildlife habitat, vegetation, and=20
cultural/paleontological resources. Previously collected data will be=20
reviewed and updated to ensure the data remain valid for the Greens=20
Hollow analysis.

Purpose and Need for Action

    The purpose of the Proposed Action is to provide appropriate=20
opportunities for leasing and development of Federal coal resources=20
(USDA-FS 1986) under the Manti-La Sal and Fishlake National Forests,=20
and to make cleared tracts available for leasing, subject to the=20
mitigation requirements determined through multiple-use management and=20
environmental review.
    Ark Land Company, as the lease applicant, has expressed the need to=20
obtain rights to additional minable coal in order to extend the life of=20
the SUFCO Mine by approximately 10 years, maintain production, remain=20
competitive in the current coal market, and to maintain current coal=20
contracts.

Proposed Action

    The proposed action would offer the Greens Hollow Coal Lease Tract=20
for competitive leasing. Technical data and analysis would be reviewed=20
to determine if lease stipulations would be needed to protect non-
mineral resources consistent with BLM and Forest Service policies and=20
Forest Plan Standards/Guidelines and Objectives.

Possible Alternatives

    All of the alternatives and options may not be known until after=20
data collection and completion of the analysis. However, the EIS would=20
likely consider the following alternatives.
    Alternative 1 (No Action)--The no action alternative will provide a=20
baseline for evaluating the effects of the action alternatives. Under=20
this alternative the lease tract would not be offered for leasing at=20
this time and there would be no mining within the tract.
    Alternative 2--Under this alternative, the tract would be offered=20
for competitive leasing, as delineated by the Tract Delineation Team,=20
with BLM standard lease terms and conditions only. No special coal=20
lease stipulations would be included in the lease to be offered.
    Alternative 3--Under this alternative, the tract would be offered=20
for competitive leasing, as delineated, with BLM standard lease terms=20
and conditions and special stipulations to protect non-mineral=20
resources and uses.
    Other Action Alternatives--Other alternatives may be developed, as=20
needed, to address social and environmental issues or opportunities.

Lead and Cooperating Agencies

    The Bureau of Land Management, Price Field Office, and the Forest=20
Service, Manti-La Sal and Fishlake National Forests, will be joint lead=20
agencies for this project. The Office of Surface Mining (OSM) will=20
participate as a cooperating agency.

Responsible Official

    The responsible official for the Bureau of Land Management is Selma=20
Sierra, Utah State Director, Bureau of Land Management, 440 West 200=20
South, Suite 500, Salt Lake City, Utah 84145-0155. The responsible=20
officials for the Forest Service are Howard Sargent, Forest Supervisor,=20
Manti-La Sal National Forest, 599 W. Price River Drive, Price, Utah=20
84501, and Mary Erickson, Forest Supervisor, Fishlake National Forest,=20
115 East 900 North, Richfield, Utah 84701.

Nature of Decision To Be Made

    In accordance with the Mineral Leasing Act of 1920, as amended, the=20
Utah State Director of the BLM will decide whether or not to offer the=20
tract for competitive leasing and under what terms, conditions, and=20
stipulations.
    In accordance with the Coal Leasing Amendments Act of 1975, which=20
amended the Mineral Leasing Act of 1920, the Forest Supervisors, Manti-
La Sal and Fishlake National Forests, will decide whether or not to=20
consent to leasing by the Bureau of Land Management. If they consent to=20
leasing, they will identify special coal lease stipulations needed to=20
protect non-mineral resources.

Scoping Process

    This notice of intent in the Federal Register initiates the scoping=20
process for the Greens Hollow Coal Lease Tract Environmental Impact=20
Statement. Agency and public scoping comments guide the development of=20
the EIS. It is important that those interested in this proposed action=20
participate at this time. Scoping notification is also given in the Sun=20
Advocate and Richfield Reaper, the newspapers of record. In addition, a=20
public notice will be published in the Emery County Progress and the=20
Salina Sun and mailed to potentially interested parties. Interested=20
parties are invited to submit comments as outlined above. To be most=20
helpful, your comments should be as specific as possible.
    The lead agencies are seeking information and comments from=20
Federal, State, and local agencies as well as individuals and=20
organizations that may be interested in, or affected by, the proposed=20
action. The BLM and Forest Service invite written comments and=20
suggestions on issues related to the proposal and the area being=20
analyzed. Information received will be used in preparation of the draft=20
EIS and final EIS. No public meetings are currently planned.
    Comments, including names and addresses of respondents, will be=20
available for public review at the BLM Price Field Office, and will be=20
subject to disclosure under the Freedom of Information Act (FOIA).=20
Before including your address, phone number, e-mail address, or other=20
personal identifying information in your comment, you should be aware=20
that your entire comment--including your personal identifying=20
information--may be made publicly available at any time. While you can=20
ask in your comment to withhold your personal identifying information=20
from public review, we cannot guarantee that we will be able to

[[Page 8062]]

do so. All submissions from organizations and businesses, or from=20
individuals identifying themselves as representatives or officials of=20
organizations or businesses, will be available for public inspection in=20
their entirety.
    A draft EIS will be prepared for public review and comment. The=20
comment period on the draft EIS will be 45 days from the date the=20
Environmental Protection Agency publishes the notice of availability in=20
the Federal Register. It is very important that those interested in=20
this proposed action participate by the close of the 45-day comment=20
period so that substantive comments and objections are made available=20
to the Bureau of Land Management at a time when it can meaningfully=20
consider them and respond to them in the final EIS.
    To assist the agencies in identifying and considering issues and=20
concerns on the proposed action, comments on the draft EIS should be as=20
specific as possible. It is also helpful if comments refer to specific=20
pages or chapters of the draft statement. Comments may also address the=20
adequacy of the draft EIS or the merits of the alternatives formulated=20
and discussed in the statement. Reviewers may wish to refer to the=20
Council on Environmental Quality Regulations for implementing the=20
procedural provisions of the National Environmental Policy Act at 40=20
CFR 1503.3 in addressing these points.
    The lead agencies believe, at this early stage, it is important to=20
give reviewers notice of several court rulings related to public=20
participation in the environmental review process. First, reviewers of=20
draft EISs must structure their participation in the environmental=20
review of the proposal so that it is meaningful and alerts an agency to=20
the reviewer's position and contentions. Vermont Yankee Nuclear Power=20
Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections=20
that could be raised at the draft EIS stage but that are not raised=20
until after completion of the final EIS may be waived or disregarded by=20
the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir.=20
1986); and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338=20
(E.D. Wis. 1980).

    (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook=20
1909.15, Section 21; BLM/DOI NEPA Handbook 516 DM).

Preliminary Issues

    Issues and alternatives to be evaluated in the analysis for the=20
Greens Hollow coal lease tract will be determined through public=20
scoping. The major issues are expected to include water resources,=20
wildlife and wildlife habitat, vegetation, cultural/paleontological=20
resources, employment in the local area, and economic viability of the=20
local and regional areas.

Permits or Licenses Required

    The operator must obtain a permit from the Secretary of the=20
Interior prior to commencing mining, contingent upon review and=20
acceptance of the mining and reclamation plan in accordance with=20
Surface Mining Control and Reclamation Act of 1977 (SMCRA) and the=20
requirements of 30 CFR 700 to end.

    Dated: January 29, 2008.
Selma Sierra,
Utah State Director, BLM.
    Dated: January 29, 2008.
Howard Sargent,
Forest Supervisor, Manti-La Sal National Forest.
 [FR Doc. E8-2557 Filed 2-11-08; 8:45 am]

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