[Federal Register Volume 65, Number 24 (Friday, February 4, 2000)]
[Notices]
[Pages 5623-5624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2546]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army Corps of Engineers


Intent To Prepare a Draft Environmental Impact Statement (DEIS) 
for the Proposed Mining Activities Associated With Hobet Mining, Inc.'s 
(Hobet) Spruce No. 1 Surface Mine Located Near Blair, in Logan County, 
West Virginia

AGENCY:  U.S. Army Corps of Engineers, DoD.

ACTION:  Notice of Intent.

-----------------------------------------------------------------------

SUMMARY: Pursuant to Section 404 of the Clean Water Act, the Huntington 
District, U.S. Army Corps of Engineers (Corps), in cooperation with 
several Federal and State cooperating agencies will prepare (in 
accordance with Section 102(2)(c) of the National Environmental Policy 
Act) an Environmental Impact Statement (EIS). The EIS will evaluate 
potentially significant impacts to the natural, physical, and human 
environment as a result of the proposed mining activities associated 
with Hobet's Spruce No. 1 Surface Mine.

ADDRESSES: Send written comments and suggestions concerning this 
proposal to Teresa Hughes, U.S. Army Corps of Engineers, Huntington 
District, Attn: Regulatory Branch-OR-FS, 502 8th Street, Huntington, 
West Virginia, 25701. Telephone (304) 529-5710 or electronic mail at 
Lrh01.usace.army.mil">Teresa.D.Huges@Lrh01.usace.army.mil. Requests to be placed on the 
mailing list should also be sent to this address.

FOR FURTHER INFORMATION CONTACT: Michael D. Gheen, Chief of Regulatory 
Branch, Attn: Regulatory Branch-OR-F, U.S. Army Corps of Engineers, 
Huntington district, 502 8th Street, Huntington, West Virginia 25701, 
Telephone (304) 529-5487 or electronic mail at Michael.D.Gheen@ 
Lrh01.usace.army.mil

SUPPLEMENTARY INFORMATION: The Corps invites comments and suggestions 
regarding potential effects of the proposed action, including the 
regulatory issues and significant environmental effects to be addressed 
in the EIS, to promote open communication and better decision making. 
All persons and organizations that have an interest in the proposed 
project, including affected Federal, state and local agencies, affected 
Indian tribes, and other interested private organizations and parties, 
are urged to participate in this NEPA environmental analysis process. 
Written comments from the public regarding the

[[Page 5624]]

environmental and regulatory issues and alternatives to be addressed in 
the EIS will be accepted. The Corps will hold public meetings to 
receive public input, either verbal or written, on relevant 
environmental and regulatory issues that should be addressed in the 
EIS. The locations and starting times of the public meetings will be 
announced.
    In accordance with 40 CFR 1506.5(c) and 33 CFR Part 325, Appendix 
B, (8)(f)(2), it is our understanding that Hobet will secure the 
services of a contractor for the preparation of an EIS. Hobet solicited 
bids for prospective contractors. Hobet will employ Michael Baker, Jr., 
Inc. to prepare the EIS for the proposed mining activities associated 
with the Spruce No. 1 Surface Mine.
    The Corps and its cooperating agencies implement Federal and State 
laws with which mining operations and associated discharges to waters 
of the United States must comply. The cooperating agencies involved in 
this NEPA process are the Office of Surface Mining (OSM), U.S. 
Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service 
(FWS), and the West Virginia Division of Environmental Protection 
(WVDEP). Each of the cooperating Federal and State agencies will 
provide their expertise in compiling information and evaluating 
potential impacts of the proposed project. OSM is responsible for 
national administration of the Surface Mining Control and Reclamation 
Act (SMCRA); it has delegated the authority for the SMCRA programs for 
surface mining operations in West Virginia to the State of West 
Virginia DEP. Discharges of fill material into waters of the United 
States are regulated under Section 404 of the Clean Water Act, 
administered by the Corps and applicable 404 regulations issued by the 
Corps and EPA. Other discharges to waters of the United States are 
subject Section 402 of the Clean Water Act, administered nationally by 
the EPA with authority for the program delegated to the State of West 
Virginia (DEP). Coordination with the FWS will be accomplished in 
compliance with the Endangered Species Act (ESA) and the Fish and 
Wildlife Coordination Act (FWCA). Coordination required by other laws 
and regulations will also be conducted.
    This EIS will evaluate potentially significant environmental 
impacts associated with Hobet's proposed Spruce No. 1 Surface mine on 
water quality, streams, aquatic and terrestrial habitat, habitat 
fragmentation, the hydrological balance, and other individual and 
cumulative effects. Cumulative environmental impacts may include the 
efficacy of stream restoration; the viability of reclaimed streams 
compared to natural waters; the impact of valley fills on aquatic life, 
wildlife and nearby residents; biological and habitat analyses; and 
practicable alternatives for in-stream placement of excess overburden; 
measures to minimize stream filling to the maximum extent practicable; 
and the effectiveness of mitigation and reclamation measures.
    The activity is to remove overburden to expose coal seams in order 
conduct surface mining activities on the Spruce No. 1 mining area. The 
proposed action is to issue a 404 permit to authorize the discharge of 
overburden into the streams in the surrounding project area.
    The scoping process (40 CFR 1501.7 and 33 CFR Part 325, Appendix B) 
will consist of determining the extent to which potentially significant 
issues shall be analyzed. It shall define the study area based on the 
resources potentially affected, opportunities, and geographic areas 
likely affected by alternative plans. It shall identify current and 
potential future planning related activities to and not part of the 
study under consideration. The process shall identity and review 
consultation requirements, so that cooperating agencies (as defined in 
40 CFR 15 CFR 1508.12) may prepare required analyses and studies 
concurrently with the study under consideration. Coordination of such 
agencies will be in accordance with Executive Order 12372 and 33 CFR 
384. The process shall also indicate tentative planning and a decision 
making schedule.
    Comments received in response to this solicitation, including names 
and address of those who comment, will be considered part of the public 
record on this proposed action and will be available for public 
inspection. Comments submitted anonymously will be accepted and 
considered.
    To assist the Corps in identifying and considering issues and 
concerns on the proposed action, comments should be as specific as 
possible. These comments will assist in early scoping and later 
development of alternatives for the DEIS.

Michael D. Gheen,
Chief, Regulatory Branch.
[FR Doc. 00-2546 Filed 2-3-00; 8:45 am]
BILLING CODE 3710-GM-M