Notice of Record of Decision for the Coal Hollow Mine Mining Plan
| Published date | 05 July 2019 |
| Citation | 84 FR 32214 |
| Record Number | 2019-14333 |
| Section | Notices |
| Court | Surface Mining Reclamation And Enforcement Office |
Federal Register, Volume 84 Issue 129 (Friday, July 5, 2019)
[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Notices]
[Pages 32214-32216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14333]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
[S1D1S SS08011000 SX064A000 190S180110; S2D2S SS08011000 SX064A00
19XS501520]
Notice of Record of Decision for the Coal Hollow Mine Mining Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Notice of record of decision.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement
(OSMRE) announces its decision to adopt the Bureau of Land Management's
(BLM) Final Environmental Impact Statement (FEIS) for the Alton Coal
Tract Lease by Application at the Coal Hollow Mine located in Kane
County, UT. In accordance with Section 102 of the National
Environmental Policy Act of 1969 (NEPA), the Council on Environmental
Quality's (CEQ) regulations implementing NEPA, and other applicable
authorities, OSMRE has conducted an independent review and evaluation
of the BLM's FEIS for the Alton Coal Tract Lease by Application at the
Coal Hollow Mine dated July 2018.
As a cooperating agency with responsibility for the Federal Lands
Program and the preparation of mining plan decision documents for
review by the Assistant Secretary for Land and
[[Page 32215]]
Minerals Management (ASLM), OSMRE provided subject matter expertise to
the BLM during the environmental review process. Based on its
independent review and evaluation, OSMRE has determined the FEIS,
including all supporting documentation, as incorporated by reference,
adequately assesses and discloses the environmental impacts for the
mining plan, and that adoption of the 2018 FEIS by OSMRE is authorized.
Accordingly, OSMRE adopts the 2018 FEIS, and takes full responsibility
for the scope and content that addresses the proposed mining plan at
Coal Hollow Mine.
ADDRESSES: Documents are available on OSMRE's website: https://www.wrcc.osmre.gov/initiatives/coalHollowMine.shtm.
FOR FURTHER INFORMATION CONTACT: Gretchen Pinkham, OSMRE Project
Manager, at 303-293-5088 or by email at [email protected]. Persons
who use a telecommunications device for the deaf 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:
I. Background on the Project
II. Alternatives
III. Environmental Impact Analysis
IV. Decision
I. Background on the Project
As established by the Mineral Leasing Act (MLA) 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 Utah and the Secretary of the U.S. Department of the Interior (DOI)
in accordance with Section 523(c) of SMCRA (30 U.S.C. 1273(c)), Alton
Coal Development, LLC Permit Application Package (PAP) (also referred
to as LBA Block 1) must be reviewed by OSMRE and a mining plan approved
by the ASLM before Alton Coal Development, LLC may significantly
disturb the environment in order to develop the Federal Coal Lease UTU-
081895. The Utah Division of Oil, Gas and Mining (DOGM) is the SMCRA
regulatory authority principally responsible for reviewing and
approving PAPs. Under the MLA, OSMRE is responsible for making a
recommendation to the ASLM about whether the proposed mining plan
modification should be approved, disapproved, or approved with
conditions (30 CFR 746). OSMRE has reviewed the FEIS in its entirety
for adoption and determined the analysis to be sufficient. Any future
mining plan decisions within the Alternative K1 lease area would be
subject to re-evaluation under NEPA.
It is OSMRE's decision to adopt the BLM Kanab Field Office ``Alton
Coal Tract Lease by Application'' FEIS (2018), as allowed under 40 CFR
1506.3. Consistent with the BLM decision, OSMRE is selecting
Alternative K1, as described in the FEIS (Section 2.5), based on the
agencies' consideration of: The purpose and need for the action; the
issues; current policies and regulations; the analysis of alternatives
contained in the FEIS; public comments received and other information
in the project record.
Alternative K1 as analyzed in the FEIS would add 2,114 acres of
which approximately 1,227 acres are federal surface and mineral estate
and 887 acres are split estate (private surface and federal mineral
estate) for surface and underground mining activities. Under
Alternative K1, the lease to be mined contains approximately 40.9
million tons of coal and an estimated 30.8 million tons of coal will be
recoverable. The lease would produce approximately 2 million tons per
year and mining operations would be extended by approximately 16 years.
The BLM and OSMRE, in consultation with the Utah State Historic
Preservation Office, developed a programmatic agreement (Appendix N of
the FEIS) pursuant to 36 CFR 800.14 that would provide for a
comprehensive consideration of possible effects to historic properties
in compliance with Section 106 of the National Historic Preservation
Act (NHPA) of 1966, as amended (54 U.S.C. 300101-307108). Consultations
with Native American Tribes are being conducted in accordance with DOI
policy.
As part of its consideration of impacts of the proposed Project on
threatened and endangered species, OSMRE completed the Section 7
consultation process under the Endangered Species Act (ESA) of 1973,
utilizing the BLM's previous consultation completed on October 6, 2017
and came to a finding of no effect for the Ute ladies'-tresses,
pursuant to Section 7 of ESA, as amended (16 U.S.C. 1531 et seq.) and
its implementing regulations.
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 Clean Water Act (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 all applicable laws, regulations,
and Executive Orders relating to Environmental Justice (E.O. 12898),
Sacred Sites (E.O. 13007), and Tribal Consultation (E.O. 13175).
II. Alternatives
The analysis in the FEIS considers direct, indirect, and cumulative
impacts of the Proposed Action and three Alternatives. Alternatives for
the Project that were analyzed in the FEIS include:
(a) Alternative A--No Action Alternative: This Alternative was
identified by OSMRE as the environmentally preferable Alternative. Even
though this is the No Action Alternative, currently permitted mining on
private lands adjacent to the lease would continue to mine
approximately 5 million short tons of recoverable coal from
approximately 635 acres.
(b) Alternative B--Proposed Action: Under the Proposed Action, the
lease would encompass approximately 3,576 acres of which approximately
2,280 acres are federal surface and mineral estate and 1,296 acres are
split estate; private surface estate and federal mineral estate. The
Proposed Action would include approximately 44.9 million tons of
recoverable coal to be mined over 25 years at a rate of approximately 2
million tons per year.
(c) Alternative C--Reduced Tract Acreage and Seasonal Restrictions:
Under Alternative C, the lease would be modified to exclude Block NW
and certain mining activities in the south portion of the lease (Block
S) would be subject to seasonal restrictions to reduce impacts to the
local Greater Sage-Grouse population. The modified lease would
encompass approximately 3,173 acres of which approximately 2,280 acres
are federal surface and mineral estate and 893 acres are split estate.
The modified lease area would contain 39.2 million tons of recoverable
coal to be mined over 21 years at a rate of 2 million tons per year.
(d) Alternative K1--Preferred Alternative: Under Alternative K1,
the lease would be modified to exclude Block NW and Block S. The lease
would add 2,114 acres of which approximately 1,227 acres are federal
surface and mineral estate and 887 acres are split estate (private
surface and federal mineral estate) for surface and underground mining
activities. Approximately 30.8 million tons of coal will be recoverable
to be mined over 16 years at a rate of 2 million tons per year.
A wide range of additional Alternatives were considered by OSMRE
but not carried forward for
[[Page 32216]]
detailed analysis in the FEIS. The following Alternatives were not
analyzed in the FEIS (Section 2.7) because they either did not meet the
purpose and need of the Project or were not considered technically
feasible or economically feasible or cost-effective:
Alternative D: Alton Coal Development's Original Lease By
Application Submittal
Alternative E: No Surface Mining
Alternative F: Postpone Leasing Decision Until Completion Of
The Kanab Field Office Resource Management Plan Revision
Alternative G: Postpone Leasing Decision Until More
Environmentally Friendly Coal Mining Practices Are Available
Alternative H: Construct A Coal-Fired Power Plant Next To The
Tract
Alternative I: Promote The Development Of Alternative Sources
Of Energy, Natural Gas, And Energy Conservation
Alternative J: Coal Transportation Alternatives
Alternative K2: Tract Modifications To Address Concerns
Related To Greater Sage-Grouse And Big Game
Alternative L: Tract Modifications To Address Concerns Related
To Kanab Creek, Possible Alluvial Valley Floors, And Other Water
Features
Alternative M: Maximize Flexibility Of Mining Operations
Alternative N: Nitrogen Dioxide Emissions Control Measures
Alternative O: Restrict Mining Operations To Daylight Hours
Alternative P: Update The KFO RMP Unsuitability Determinations
Based On The Analysis In The DEIS And Reconfigure The Tract To Exclude
These Areas
Alternative Q: Air Quality Protection Alternative
Alternative R: Restrict Coal Truck Traffic After Sunset And
Before Sunrise
Alternative S: Reconfigure The Tract To Exclude Cultural
Resources Sites Eligible For The National Register Of Historic Places
Alternative T: Seasonal Timing Restrictions And Varying
Buffer-Size Restrictions For The Tract
Alternative U: Alternative Locations
Alternative V: Lease All Known Recoverable Coal Resources
Certain components of the federal action would be independent of
the elements of any alternative. In the FEIS, these were considered
options, any one of which could be chosen in combination with any
alternative and would not necessitate changes in the alternative, or
vice versa. Those options that were considered but not carried forward
for detailed analysis are listed below (FEIS Section 2.7).
Kanab Field Office Route 116 Relocation Options
Other Roads In The Tract
Power Generation Options
III. Environmental Impact Analysis
The FEIS analyzes the potential environmental impacts to 16
different resource categories, including:
Air Resources
Paleontology
Geology and Minerals
Cultural Resources
Soils
Vegetation
Wildlife: Special Status Species
Wildlife: General
Hazardous Materials and Hazardous and Solid Waste
Water Resources
Livestock Grazing
Transportation
Land Use and Access
Recreation
Socioeconomics
Aesthetics Resources
IV. Decision
In consideration of the information presented above, OSMRE approves
the Record of Decision (ROD) adopting the BLM Alton Coal Tract Lease by
Application FEIS and selects Alternative K1 as the Preferred
Alternative as described in the FEIS (Section 2.5). The BLM included
lease stipulations which were outlined in Appendix B of BLM's ROD to
minimize environmental impacts. This action can be implemented
following approval of the mining plan modification by the ASLM.
Authority: 40 CFR 1506.6, 40 CFR 1506.1.
Dated: June 25, 2019.
David Berry,
Regional Director, Regions 5, 7, 8, 9, 10 and 11.
[FR Doc. 2019-14333 Filed 7-3-19; 8:45 am]
BILLING CODE 4310-05-P
