[Federal Register Volume 64, Number 171 (Friday, September 3, 1999)]
[Notices]
[Pages 48413-48415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22773]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[CO-700-99-5440-00-C023]


Notice of Availability

AGENCY: Bureau of Land Management, Interior; Forest Service, 
Agriculture. Responsible Officials: Ann Morgan, State Director, 
Colorado State Office, Bureau of Land Management, 2850 Youngfield, 
Denver, CO 80215 and Robert L. Storch, Forest Supervisor, Grand Mesa, 
Uncompahgre and Gunnison National Forests, U.S. Forest Service, 2250 US 
Hwy 50, Delta, CO 81416.

ACTION: Notice of Availability of North Fork Coal Draft Environmental 
Impact Statement (DEIS) and Notice of Public Hearing and Request for 
Comments on the DEIS, Maximum Economic Recovery Report, and Fair Market 
Value; for lease and exploration license applications of Federal coal 
in Delta and Gunnison Counties, Colorado (COC61209, COC61357, 
COC61945).

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SUMMARY: Pursuant to 40 CFR 1500-1508, the Bureau of Land Management 
(BLM) and the Forest Service (FS) announce the availability of the 
North Fork Coal DEIS for the Iron Point and Elk Creek Coal Lease Tracts 
for competitive leasing and the Iron Point Coal Exploration license for 
exploration drilling in accordance with 43 CFR 3425 and 3410. The 
scheduled date and place for a public hearing pursuant to 43 CFR 3425.4 
is announced. The purpose of the hearing is to solicit comments on the 
DEIS and on the fair market value (FMV) and Maximum Economic Recovery 
(MER) of the proposed lease tract.

DATES: The public hearing will be held at 7:00 p.m. MDT, on October 14, 
1999, at the Hotchkiss High School, Hotchkiss, Colorado. To assist the 
public in formulating their comments, there will also be an informal 
open house on October 7, 1999, starting at 7:30 p.m. MDT, at the 
Hotchkiss High School, Hotchkiss, Colorado to answer questions 
regarding the organization and technical content of the DEIS. Written 
comments on the DEIS, fair market value and maximum economic recovery 
will be accepted for 60 days following the date the Environmental 
Protection Agency (EPA) publishes their Notice of Availability in the 
Federal Register. We expect the EPA notice will be published on 
September 3, 1999. Written comments on the DEIS, fair market value and 
maximum economic recovery must be received by November 3, 1999.


[[Page 48414]]


ADDRESSES: Please address questions and comments on the DEIS to the 
Bureau of Land Management, Attn: Jerry Jones, 2465 South Townsend Ave., 
Montrose, CO 81401, or fax them to 970-240-5368. E-mail can be sent to 
Jerry__J[email protected].

FOR FURTHER INFORMATION CONTACT: Jerry Jones at the above address, or 
phone: 970-240-5338.

SUPPLEMENTARY INFORMATION: As a result of two applications for coal 
leasing and one application for a coal exploration license, the 
following lands were analyzed in this DEIS.

T. 12 S., R. 90 W., 6th P.M.
    Sec. 31, lots 1 to 14, inclusive, and NE\1/4\;
    Sec. 32, lots 3 to 6, inclusive, lots 11 to 14, inclusive, and 
NW\1/4\.
T. 12 S., R. 91 W., 6th P.M.
    Sec. 14, lots 7,8, S\1/2\S\1/2\, NE\1/4\SW\1/4\, NW\1/4\SE\1/4\;
    Sec. 22, S\1/2\;
    Sec. 23, lots 1 to 7, inclusive, W\1/2\, and that part of HES 
No. 133 lying in the S\1/2\SE\1/4\;
    Sec. 26, lots 1 to 5, inclusive, W\1/2\, N\1/2\SE\1/4\, that 
part of HES No. 133 lying in the NE\1/4\ and that part of HES No. 
134 lying in the SE\1/4\;
    Sec. 27, all;
    Sec. 28, S\1/2\;
    Sec. 29, SE\1/4\;
    Sec. 32, lots 1, 2, 7 to 10, inclusive, lots 15, 16, and NE\1/
4\;
    Sec. 33, lots 1 to 16, inclusive, and N\1/2\;
    Sec. 34, lots 1 to 16, inclusive, and N\1/2\;
    Sec. 35, lots 1 to 22, that part of HES No. 134 lying in the 
NE\1/4\; N\1/2\NW\1/4\, and SW\1/4\NW\1/4\.
    Sec. 36, lots 1 to 17, inclusive, NE\1/4\, E\1/2\NW\1/4\, SW\1/
4\NW\1/4\, and that part of HES No.134 lying in lot 1.
T. 13 S., R. 90 W., 6th P.M.
    Sec. 5, lots 7 to 10, inclusive;
    Sec. 6, lots 8 to 17, inclusive.
T. 13 S., R. 91 W., 6th P.M.
    Sec. 1, lots 1 to 4, inclusive, S\1/2\NW\1/4\ and SW\1/4\;
    Sec. 2, lot 1, and S\1/2\NE\1/4\, SW\1/4\NW\1/4\, NW\1/4\SW\1/
4\, and E\1/2\SW\1/4\;
    Sec. 3, lots 1 to 4, inclusive, S\1/2\N\1/2\, and N\1/2\S\1/2\;
    Sec. 4, lots 1 to 4, inclusive, S\1/2\N\1/2\, and S\1/2\;
    Sec. 5, lots 11 and 12, SE\1/4\, E\1/2\SW\1/4\, SW\1/4\NE\1/4\, 
and SE\1/4\NW\1/4\;
    Sec. 8, NE\1/4\;
    Sec. 9, NW\1/4\, and N\1/2\SW\1/4\;
    Sec. 11, NE\1/4\NW\1/4\.
    Sec. 12, S\1/2\NE\1/4\, and NW\1/4\.

    The area described contains approximately 11,646 +/-acres.

    Bowie Resources, Ltd. and Oxbow Mining, Inc. applied to the BLM for 
the Iron Point and Elk Creek coal lease tracts respectfully to extend 
the production life of their existing underground mines. Similarly, 
Bowie applied to the BLM for an exploration license to further 
delineate coal resource in lands adjacent to their ongoing mining. The 
requested Iron Point Tract and the exploration license area are 
adjacent to the presently approved permit area for the Bowie No. 2 Mine 
which is operated by Bowie. Likewise, the requested Elk Creek Tract is 
adjacent to the presently approved permit area for the Sanborn Creek 
Mine which is operated by Oxbow. These applications encompass federal 
coal on BLM and National Forest system lands.
    The DEIS analyzes four alternatives. Besides the no-action 
alternative and the plans as submitted in the applications, two other 
alternatives were examined in the draft EIS. The other alternatives 
analyzed the possibility of multiseam mining and the restriction of 
subsidence due to underground mining activity in key areas to protect 
surface resources.
    The coal resource to be offered is limited to coal recoverable by 
underground mining methods. The purpose of the hearing is to obtain 
public comments on the DEIS and on the following items:
    (1) The method of mining to be employed to obtain maximum economic 
recovery of the coal,
    (2) The impact that mining or exploration of the coal may have on 
the area, and
    (3) The methods of determining the fair market value of the coal to 
be offered.
    Written requests to testify orally at the October 14, 1999, public 
hearing should be received at the BLM prior to the close of business on 
October 14, 1999. Those who indicate they wish to testify when they 
register at the hearing may have an opportunity if time is available.
    In addition, the public is invited to submit written comments 
concerning the fair market value and maximum economic recovery of the 
coal resource. Public comments will be utilized in establishing fair 
market value for the coal resource in the described lands. Proprietary 
data marked as confidential may be submitted to the Bureau of Land 
Management in response to this solicitation. This information should be 
labeled as such and stated in the first page of the submission. Data so 
marked shall be treated in accordance with the laws and regulations 
governing the confidentiality of such information. Comments on fair 
market value and maximum economic recovery should be sent to the Bureau 
of Land Management and should address, but not necessarily be limited 
to, the following information:
    1. The quality and quantity of the coal resource.
    2. The price that the mined coal would bring in the market place.
    3. The cost of producing the coal.
    4. The interest rate at which anticipated income streams would be 
discounted.
    5. Depreciation and other accounting factors.
    6. The mining method or methods which would achieve maximum 
economic recovery of the coal.
    7. Documented information on the terms and conditions of recent and 
similar coal land transactions in the lease area, and
    8. Any comparable sales data of similar coal lands.
    Substantive comments, whether written or oral, will receive equal 
consideration prior to any lease offering. Coal quantities and the FMV 
of the coal developed by BLM may or may not change as a result of 
comments received from the public and changes in market conditions 
between now and when final economic evaluations are completed.
    The Draft EIS and Maximum Economic Recovery Report are available 
from the Uncompahgre Field Office upon request. A copy of the DEIS, the 
Maximum Economic Recovery Report, the case file, and the comments 
submitted by the public, except those portions identified as 
proprietary by the commenter and meeting exemptions stated in the 
Freedom of Information Act, will be available for public inspection at 
the BLM Uncompahgre Field Office.
    The comment period on the Draft EIS will be sixty (60) days from 
the date the Environmental Protection Agency publishes the notice of 
availability in the Federal Register. It is important to give reviewers 
notice of several court rulings related to public participation in the 
environmental review process. First, reviewers of draft environmental 
impact statements must structure their participation in the 
environmental review of the proposal so that it is meaningful and 
alerts an agency to the reviewer's position and contentions, Vermont 
Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, 
environmental objections that could be raised at the Draft EIS stage 
but that are not raised until after completion of the Final EIS may be 
waived or dismissed by the courts, City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 
F. Supp. 1334, 1338 (e.d. Wis. 1980). Because of these court rulings, 
it is very important that those interested in this proposed action 
participate by the close of the comment period so that substantive 
comments and objections are made available to the agencies at a time 
when they can meaningfully consider them and respond to them. To assist 
the agencies in identifying and

[[Page 48415]]

considering issues and concerns on the proposed action, comments on the 
Draft EIS should be as specific as possible. It is also helpful if 
comments refer to specific pages or chapters of the draft statement. 
Comments may also address the adequacy of the Draft EIS or the merits 
of the alternatives formulated and discussed in the statement. 
Reviewers may wish to refer to the Council on Environmental Quality 
regulations for implementing the procedural provisions of the National 
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.

Freedom of Information

    Comments, including names and street addresses of respondents, will 
be available for public review at the addresses listed above during 
regular business hours (7:45 a.m.-4:30 p.m.), Monday through Friday, 
except holidays, and may be published as part of the Final EIS. 
Individual respondents may request confidentiality. If you wish to 
withhold your name or street address from public review or from 
disclosure under the Freedom of Information Act, you must state this 
prominently at the beginning of your written comment. Such requests 
will be honored to the extent allowed by law. All submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, will be made available for public inspection in their 
entirety. Proprietary data so marked shall be treated in accordance 
with the laws and regulations governing the confidentiality of such 
information.

    Dated: August 25, 1999.
Jerald L. Jones,
EIS Project Manager.
[FR Doc. 99-22773 Filed 9-2-99; 8:45 am]
BILLING CODE 4310-JB-P