[Federal Register Volume 70, Number 134 (Thursday, July 14, 2005)]
[Notices]
[Pages 40723-40725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13767]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[ES-030-05-1320-EL, WVES-50556, WVES-50560]


Notice of Intent To Prepare a Land Use Analysis/Environmental 
Impact Statement; Coal Lease Applications WVES-50556 and WVES-50560, 
Wayne County, WV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent.

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

SUMMARY: The Bureau of Land Management (BLM) has received two 
applications to lease a total of 13,089.55 acres of Federal coal at the 
East Lynn Lake project in Wayne County, West Virginia. The lease 
applications for mining the federal coal on these were applied under 
the provisions of 43 Code of Federal Regulations (CFR) 3425.1. The BLM 
will prepare a LUA/EIS prior to holding a competitive Federal coal 
lease sale. Both applicants are proposing to mine the coal by 
underground mining methods from existing mines they operate on adjacent 
private land. The lands being considered for lease border East Lynn 
Lake on portions of both its north and south shores, but no mining 
would occur directly beneath the lake itself. This notice, in 
accordance with Section 102(2)(C) of the National Environmental Policy 
Act (NEPA), announces the beginning of the review process and invites 
the public, other Federal Agencies, State and local governments to 
submit information on coal resource development potential and on 
resources which may be affected by coal development for lands within 
the analysis area. The BLM also asks that you suggest issues that 
should be considered in developing the LUA and include statements 
explaining why the land should or should not be considered for leasing.

DATES: The BLM will accept comments on or before August 15, 2005.

ADDRESSES: You may send written comments to Bureau of Land Management, 
Attn: John Romito, 901 Pine Street, Suite 201, Rolla, MO 65401. You may 
also submit electronic comments and other data to 
[email protected]. See SUPPLEMENTARY INFORMATION for 
information regarding a public meeting

[[Page 40724]]

during the comment period and a public hearing after the draft LUA/EIS 
is prepared. Members of the public may examine documents pertinent to 
this proposal by visiting the Rolla Office during its business hours 
(7:45 a.m. to 4:30 p.m.), Monday through Friday except holidays.

FOR FURTHER INFORMATION CONTACT: John Romito, Bureau of Land 
Management, 573-364-0204.

SUPPLEMENTARY INFORMATION: Argus Energy LLC (Argus) has submitted a 
coal LBA (WVES50556) to BLM for 7,624.60 acres bordering a portion of 
the southern shore of the East Lynn Lake Project in Wayne County, West 
Virginia. Rockspring Development (Rockspring) also submitted a coal LBA 
for 5,449.92 acres (WVES50560) that borders a portion of the north 
shore of the lake. East Lynn Lake is located approximately 25 miles 
south of Huntington, West Virginia and is managed by the U.S. Army 
Corps of Engineers (USACE) for flood control, recreation and wildlife.
    The State of West Virginia does not use the Public Land Rectangular 
Survey system to legally describe land tracts within the state, but 
instead utilizes Metes and Bounds property description. Consequently, 
to avoid numerous pages of lengthy legal descriptions, the federal coal 
reserves encompassed by the LBAs are described below by referencing the 
USACE mineral-tract number the reserves fall within. It should be 
pointed out that referencing a mineral-tract number in the listing 
below, does not necessarily mean the entire mineral tract is under 
application. More detailed property descriptions are available in the 
case files located in the BLM office in Rolla, Mo.

Argus Energy, LBA WVES-50556

    Mineral Tract Numbers--Tract Nos: 77M-14; 177M-12; 177M-11; 177M-1; 
745M; 746M; 808; 840M; 843M; 846M; 1140M; 1140; 1301; 1313M; 1717M; 
1718M; 1810M; 1811M; 1813M; 1813M; 2020M; 2321M; 2430M; 2431M; 2737 and 
2737.

Approximately 7,639.63 in Wayne County, West Virginia

Rockspring Development, LBA WVES-50560

    Mineral Tract Numbers--Tract Nos. 174M; 177M-2p; 177M-1; 184M; 
376ME-2; 375M; 376ME-1; 377M; 378M; 380M; 381M; 382M; 384M; 386M; 
390ME-1; 395M; 427M; 430M; 517A; 517B; 545M; 547M; 548M; 550M; 553M; 
554M; 556M; 745M; 847M; 1450M; 1451M; 1452M; 1453M; 1717M and 1718M.

Approximately 5,449.92 in Wayne County, West Virginia

    Argus proposes to mine the Federal coal in the lease application 
area by underground methods extending from two of their existing 
underground mines located on private land to the south of the 
application area. Rockspring would similarly access their application 
area from their existing underground mine located on private lands 
north of their application area. Argus is currently conducting 
exploratory drilling on their application area under exploration 
license WVES 50816. It is reasonable to expect that Rockspring may also 
wish to conduct exploratory drilling on their area of interest. It is 
also reasonable to expect that both companies may need to drill 
additional holes for mine planning purposes if leases were to be issued 
and mine plans approved.
    BLM is provided the authority to lease Federal coal under the 
Mineral Leasing Act as defined under 43 CFR 3480.0-5(a)(25) and the 
1999 Water Resource and Development Act for Federally owned coal at 
East Lynn Lake. The Office of Surface Mining (OSM) in cooperation with 
the State of West Virginia, issues Mine Permits under the Surface 
Mining Control and Reclamation Act (SMCRA). Additionally, as provided 
by 40 CFR 1501.6, the U.S. Army Corps of Engineers (USACE) and the 
Office of Surface Mining have been invited to participate as 
Cooperating Agencies in the proposed coal-leasing action.
    This notice is issued pursuant to 40 CFR 1501.7, 43 CFR 1610.2(c) 
and 43 CFR 3420. BLM's planning effort will follow the procedures set 
forth in 43 CFR 1610. As provided by 43 CFR 3420.1-2, industry, State 
and local governments and the general public are requested to submit 
information regarding coal and other resources which may be affected by 
coal development within the leasing area.
    Preliminary issues, subject to change as a result of public input, 
are (1) potential impacts of coal mining and development drilling on 
the surface and subsurface resources; and (2) consideration of 
restrictions on lease rights to protect surface resources.
    Preliminary planning criteria developed to guide the preparation of 
the LUA/EIS include:
    1. Land use planning and environmental analysis will be conducted 
in accordance with all applicable laws, regulations, executive orders 
and manuals.
    2. Planning will be conducted for the Federal coal mineral estate 
only.
    3. A mine plan scenario will be prepared for the Federal resources.
    4. Resource data needed to assess the effects of coal mining and 
coal development drilling will be collected.
    5. The planning team will work cooperatively with Federal, State 
and local governments and agencies, as well as groups, organizations 
and individuals.
    6. In accordance with the Water Resource and Development Act of 
1999, consent will not be required from the surface management agency 
should coal leasing be approved.
    7. The LUA/EIS will identify mitigation measures designed to reduce 
or avoid potential impacts of coal leasing.
    8. Other criteria as identified through the planning process.
    The interdisciplinary team will consider the specific resources and 
uses identified in the 20 Unsuitability Criteria listed at 43 CFR part 
3461 to the extent that they apply to underground mining. Screening of 
the Federal coal lands in the application areas through the 
Unsuitability Criteria will result in a determination as to which lands 
are (1) acceptable for further leasing consideration with standard 
stipulations or (2) acceptable for further leasing consideration with 
special stipulations or (3) are unacceptable for further consideration 
for leasing.
    Lands acceptable for further leasing consideration after screening 
through the Unsuitability Criteria will be further screened for other 
resource values and uses that could be affected by lease issuance.
    Public Participation: This notice initiates the National 
Environmental Policy Act (NEPA) public scoping process. The BLM will 
work collaboratively with interested parties to identify management 
decisions that are best to address national, regional and local needs 
and concerns. The public, businesses, and public entities are invited 
to participate in this LUA process by: (1) Commenting on the 
preliminary issues and planning criteria; (2) identifying other issues 
and planning criteria; and/or (3) submitting coal, other resource or 
land use information. For other resource information, participants are 
asked to identify the particular resource value, to provide the reason 
that the resource would conflict with coal development and provide a 
map (minimal scale 1:24,000) showing the location of the resource.
    Comments or information may be submitted by mail or electronically 
to the addresses provided above.
    Confidentiality: Individual respondents may request 
confidentiality. If you wish to withhold

[[Page 40725]]

your name or street address from public review or disclosure under the 
Freedom of Information Act, you must state this prominently at the 
beginning of your written comments. Such requests will be honored to 
the extent allowed by the law. All submissions from businesses, 
organizations and individuals identifying themselves as representatives 
or officials of organizations or businesses will be available for 
public inspection in their entirety.
    In addition to accepting written comments, BLM will also schedule a 
public meeting in Wayne, West Virginia before the end of the comment 
period. This meeting will provide another opportunity for you to 
identify issues or concerns about the proposal. The BLM will publish 
advance notice of the exact time and place of this meeting in local 
newspapers at least 15 days prior to the meeting. The BLM will also 
conduct a public hearing in accordance with 43 CFR 3420 and 3422.1 when 
the draft LUA/EIS is completed. This hearing will be announced through 
the Federal Register and a local newspaper at least 15 days prior to 
the hearing.

Michael D. Nedd,
State Director, Eastern States.
[FR Doc. 05-13767 Filed 7-13-05; 8:45 am]
BILLING CODE 4310-PN-P