[Federal Register Volume 69, Number 115 (Wednesday, June 16, 2004)]
[Notices]
[Pages 33619-33620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13503]


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 Notices
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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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  Federal Register / Vol. 69, No. 115 / Wednesday, June 16, 2004 / 
Notices  

[[Page 33619]]



DEPARTMENT OF AGRICULTURE

Forest Service


Grand Mesa-Uncompahgre-Gunnison National Forests; Dry Fork 
Federal Coal Lease-by-Application (COC-67232)

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 
underground coal mining within the Dry Fork Lease-by-Application area, 
and to identify terms and conditions needed to protect non-mineral 
resources consistent with the Grand Mesa, Uncompahgre and Gunnison 
(GMUG) National Forests Land and Resource Management Plan (Forest 
Plan). ArkLand Company of St. Louis, MO submitted a competitive coal 
lease-by-application (LBA) to the BLM--Colorado State office for about 
1,517 acres of federal coal reserves. Named the Dry Fork LBA tract (Dry 
Fork tract), the application is for lands generally located in Sections 
35 and 36, T 13 S, R 90 W; and Sections 1, 2, 11 and 12, T 14 S, R 90W, 
6th PM, in Gunnison County, about 4 miles southeast of Somerset, 
Colorado. The land surface is National Forest System lands administered 
by the GMUG, and the mineral estate is administered by the BLM.
    The FS and cooperating agencies will conduct the environmental 
analysis considering the most likely mining scenarios and reasonably 
foreseeable alternatives. Under the requirements of the Mineral Leasing 
Act, as amended by the Federal Coal Leasing Amendments 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 consider the lands 
in the tract for leasing by competitive bid and subsequent mining by 
underground methods; identify terms and conditions necessary for the 
protection of non-mineral resources; and to concur 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 Dry Fork tract that will 
be used as the basis for determining effects. The most likely access to 
the coal reserves would be through the existing West Elk Mine. Mining 
would be entirely underground, using predominantly longwall methods. 
Surface disturbance during the life of the lease will likely include 
several exploration drill holes and methane drainage wells, with 
associated road construction. The disturbed areas would be reclaimed 
when no longer needed. Land subsidence similar to that experienced over 
other areas mined with underground methods in the adjacent and 
surrounding areas is expected.
    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.

DATES: Comments concerning the scope of the analysis must be received 
within 30 days from the date of publication of this notice in the 
Federal Register. The draft environmental impact statement is expected 
January 2005 and the final environmental impact statement is expected 
June 2005.

ADDRESSES: Send written comments to Forest Supervisor, Grand Mesa, 
Uncompahgre and Gunnison National Forests, 2250 Highway 50, Delta, CO 
81416, ATTN: Liane Mattson, Leaseable Minerals Program Leader. Fax may 
be sent to (970) 874-6698. Telephone (970) 874-6697.

FOR FURTHER INFORMATION CONTACT: Questions concerning the proposed 
action and EIS should be addressed to Liane Mattson, Grand Mesa, 
Uncompahgre and Gunnison National Forests, phone (970) 874-6697, or 
[email protected].

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The purpose and need for the action is to lease additional Federal 
coal reserves in the Dry Fork LBA tract for economic development and 
production of the coal, consistent with applicable laws and 
regulations.

Proposed Action

    The proposed action is to consent to leasing National Forest System 
lands in the Dry Fork LBA tract for development and production of 
federal coal reserves, consistent with applicable laws and regulations, 
including terms and conditions for protecting non-coal resources.

Lead and Cooperating Agencies

    The USDA, Forest Service will be the lead agency. The USDI, Bureau 
of Land Management and the USDI-Office of Surface Mining Reclamation 
and Enforcement will participate as cooperating agencies.

Responsible Official

    The Responsible Forest Service Official is the Grand Mesa, 
Uncompahgre and Gunnison National Forest Supervisor (now vacant), 2250 
Highway 50, Delta, CO 81416.

Nature of Decision To Be Made

    The decision to be made is whether or not to consent to the BLM 
offering for lease of federal coal reserves in the Dry Fork LBA tract, 
and to prescribe conditions for the protection of non-coal resources.

Scoping Process

    Scoping will include mailing letters to known interested parties on 
the GMUG mailing list, publishing a legal notice in the Grand Junction 
Sentinel, and presenting the proposal to local coal activity interest 
groups.

Preliminary Issues

    Issues and alternatives to be evaluated in the analysis will be 
determined through scoping. The primary issues are expected to include: 
The socioeconomic

[[Page 33620]]

benefits of mining, effects of transporting the coal, and the potential 
impacts of underground mining and mining-induced subsidence on surface 
and ground water resources (including perennial streams); wildlife 
(including threatened, endangered, sensitive and management indicator 
species); topographic surface, land stability, soils and geologic 
hazards; vegetation (including impacts to riparian vegetation and 
associated habitat); cultural resources; existing land uses, including 
recreation, roadless character, existing roads/facilities, visual 
resources and livestock management, and cumulative impacts. Direct, 
indirect and cumulative impacts (when considered together with past, 
present and reasonable foreseeable cumulative actions in the area) 
effects, will be disclosed.

Comment Requested

    This notice of intent initiates the scoping proces which guides the 
development of the environmental impact statement. 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 comments on the proposal. 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 formal review period of the Draft EIS.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A draft environmental impact statement will be 
prepared for comment. The comment period on the draft environmental 
impact statement will be 45-days from the date the Environmental 
Protection Agency publishes the notice of availability in the Federal 
Register.
    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, 
553 (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 Draft EIS comment period so that 
substantive comments and 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.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.
    Also, comment during this 45-day comment period is required to 
establish eligibility to appeal the final decision under 36 CFR part 
215.

    Dated: June 3, 2004.
Larry M. Hill,
Acting Forest Supervisor.
[FR Doc. 04-13503 Filed 6-15-04; 8:45 am]
BILLING CODE 3410-11-P