[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Notices]
[Pages 10398-10399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4981]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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 delegations of authority, filing of petitions and applications and agency 
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  Federal Register / Vol. 69, No. 44 / Friday, March 5, 2004 / 
Notices  

[[Page 10398]]



DEPARTMENT OF AGRICULTURE

Forest Service


Manti-La Sal National Forest, Muddy Creek Coal Area, Sanpete and 
Sevier Counties, UT; Notice of Intent To Prepare an Environmental 
Impact Statement

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: The Forest Service (FS) will prepare an Environmental Impact 
Statement (EIS) to disclose the environmental and human effects of coal 
mining within the Muddy Creek Area, and to identify terms and 
conditions needed to protect non-mineral resources consistent with the 
Manti-La Sal National Forest Land and Resource Management Plan (Forest 
Plan). The Office of Surface Mining Reclamation and Enforcement (OSM) 
and the Bureau of Land Management (BLM) will participate as cooperating 
agencies.
    The coal estate in a portion of the Muddy Creek area was conveyed 
to the State of Utah School and Institutional Trust Lands 
Administration (SITLA), creating an outstanding mineral right on those 
lands. This conveyance may be temporary; ownership of the coal estate 
will revert to the Federal government if a specified quantity of coal 
is produced. As owner of an outstanding mineral right, the State of 
Utah has sole authority to lease the coal estate. Under the Utah Coal 
Rules and the Memorandum of Understanding (MOU) between SITLA, the 
United States Department of Agriculture, and the United States 
Department of the Interior, dated January 5, 1999, the Forest may 
provide terms and conditions that must be incorporated into the mining 
permit approved under the Surface Mining Control and Reclamation Act of 
1977 (SMCRA) prior to mine development. Under the terms of the MOU, in 
providing conditions of concurrence with the mining permit the FS will 
abide by the standards and guidelines contained in the Forest Plan in 
effect on May 8, 1998 (the date on which the Utah Schools and Land 
Exchange Act of 1998 was ratified). Further, this MOU provides that 
subject to reasonable terms and conditions for the protection of the 
surface estate consistent with the Forest Plan, any permit requirements 
may not prohibit reasonable economic development of the conveyed coal 
estates.
    The Muddy Creek Area is located approximately 10 miles northwest of 
Emery, Utah, immediately north of the SUFCO Mine permit area. The area 
to be analyzed in this EIS encompasses approximately 8,646 acres of 
coal lands on the Manti-La Sal National Forest in T. 20 S., R. 4 E., T. 
20 S., R. 5 E., and T. 21 S., R. 5 E., SLM, in Sanpete and Sevier 
Counties, Utah. Included within the area is approximately 2,560 acres 
of coal lands that were transferred to SITLA, as part of the Utah 
Schools and Land Exchange Act of 1998.
    The FS and cooperating agencies will conduct the environmental 
analysis considering the most likely mining scenarios and reasonably 
foreseeable alternatives. As required by the MOU and the Mineral 
Leasing Act, the FS will identify terms and conditions for the 
protection of non-mineral resources. This would allow identification of 
the measures required for minimizing effects to non-mineral resources 
consistent with the Forest Plan and provide a basis for a reasonable 
estimate of the tract's recoverable coal reserves. The proposed action 
is to identify terms and conditions necessary for the protection of 
non-mineral resources, consent to any Federal coal tract delineated 
within the Muddy Creek Area, issue surface occupancy authorizations as 
necessary, and to consent to any subsequent mining and reclamation 
plan(s).
    The EIS process for this project will include preparation of a 
reasonably foreseeable mining scenario for the tract that will be used 
as the basis for determining effects. The most likely access to the 
coal reserves would be through the existing SUFCO Mine. Mining would be 
entirely underground, using predominantly longwall methods. Surface 
disturbance will most likely be limited to several exploration drill 
holes over the life of the mine with a total area not to exceed 20 
acres. The disturbed areas would be reclaimed when no longer needed. 
Subsidence similar to that experienced over other areas mined with 
underground methods on the southern Wasatch Plateau is expected.
    The Forest Service has determined that the Muddy Creek Area is 
available for further consideration for coal mining under the Land and 
Resource Management Plan (Forest Plan) Final EIS and Record of Decision 
(ROD) for the Manti-La Sal National Forest, 1986.
    The Forest Service is seeking information and comments from 
Federal, State, and local agencies as well as individuals and 
organizations who may be interested in, or affected by, the proposed 
action. The agency invites written comments and suggestions on the 
issues related to the proposed action and the area being analyzed. 
Information received will be used to prepare the Draft and Final EIS 
and to make the agency decision. For most effective use, comments 
should be submitted to the Forest Service within 30 days from the date 
of publication of this notice in the Federal Register.
    Agency Decisions: A. Identify terms and conditions needed to 
protect non-mineral resources.
    B. Issue permits to authorize surface occupancy associated with the 
SITLA coal estate.
    C. Consent to any Federal Coal Lease Tract delineated within the 
Muddy Creek Area.
    D. Provide terms and conditions to be incorporated into any mining 
permit(s) issued by the State Division of Oil, Gas and Mining.

DATES: Written comments concerning issues to be considered and the 
scope of the analysis described in this notice should be received on or 
before April 12, 2004.

ADDRESSES: Send written comments to Forest Supervisor, Manti-La Sal 
National Forest, 599 West Price River Drive, Price, Utah 84501, ATTN: 
Dale Harber, Team Leader.

FOR FURTHER INFORMATION CONTACT: Questions concerning the proposed 
action and EIS should be addressed to Dale Harbor or Aaron Howe, Manti-
La Sal National Forest, phone (435) 637-2817.

SUPPLEMENTARY INFORMATION: The EIS and Record of Decision (ROD) will 
tier

[[Page 10399]]

to the Final EIS and ROD for the Manti-La Sal National Forest Land and 
Resource Management Plan (Forest Plan). The Forest Plan provides the 
overall guidance (goals, objections, standards, and management area 
direction) to achieve the desired future condition for the area being 
analyzed, and contains specific management area prescriptions for the 
entire forest.
    Issues and alternatives to be evaluated in the analysis will be 
determined through scoping. The primary issues are expected to include 
the socioeconomic benefits of mining, the potential impacts of 
underground mining and mining-induced subsidence and seismicity to 
surface and ground water, vegetation, wildlife, cultural resources, 
range improvements, recreation, man-made features, and other land uses.
    Agency representatives and other interested people are invited to 
visit with Forest Service at any time during the EIS process. Two 
specific time periods are identified for the receipt of formal comments 
on the analysis. The two comment periods are, (1) during the scoping 
process, the next 30 days following publication of this notice in the 
Federal Register and (2) during the foreman review period of the Draft 
EIS.
    The Draft EIS is estimated to be filed with the Environmental 
Protection Agency (EPA) and available for public review in August, 
2004. At that time the EPA will publish an availability notice in the 
Federal Register. The comment period on the Draft EIS will be 45 days 
from the date that EPA's notice of availability appears in the Federal 
Register. The Final EIS is expected to be released in January, 2005.
    The Forest Service believes, at this early stage, 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, 
533 (1978). Also, environmental objections that could be raised at the 
draft Environmental Impact Statement stage but that are not raised 
until after completion of the final Environmental Impact Statement 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 45-day comment period so that 
substantive comments objections are made available to the Forest 
Service at a time when it can meaningfully consider them and respond to 
them in the final Environmental Impact Statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft 
Environmental Impact Statement 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 
environmental impact statement 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.

    Authority: National Forest Management Act of October 22, 1976 
(Pub. L. 94-588, 90 Stat. 2949, as amended, 16 U.S.C. 472a, 476, 
500, 513-516, 518, 521b. 528(note), 576b, 594-2(note), 1600(note), 
1601(note), 1600-1602, 1604, 1606, 1608-1614), and Mineral Leasing 
Act of February 25, 1920 (Pub. L. 66-146, 41 Stat. 437, as amended; 
30 U.S.C. 181-287).

    Dated: March 1, 2004.
Alice B. Carlton,
Forest Supervisor, Manti-La Sal National Forest.
[FR Doc. 04-4981 Filed 3-4-04; 8:45 am]
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