[Federal Register Volume 71, Number 180 (Monday, September 18, 2006)]
[Notices]
[Pages 54608-54609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15473]


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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. 71, No. 180 / Monday, September 18, 2006 / 
Notices  

[[Page 54608]]



DEPARTMENT OF AGRICULTURE

Forest Service


Grand Mesa, Uncompahgre and Gunnison National Forests; CO; Deer 
Creek Shaft and E Seam Methane Drainage Wells Project EIS

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: Mountain Coal Company, LLC proposes the construction of one 
(1) ventilation shaft and one (1) emergency escape shaft (combined 
location) and the installation of up to 160 methane drainage wells 
located on up to 120 pads with up to 19 miles of associated access 
roads to vent explosive methane gas from their underground coal mine.

DATES: Comments concerning the scope of the analysis must be received 
45 days after publication in the Federal Register. The draft 
environmental impact statement is expected December, 2006 and the final 
environmental impact statement is expected February, 2007.

ADDRESSES: Send or hand deliver written comments to: Grand Mesa, 
Uncompahgre and Gunnision National Forests, Attn: Deer Creek Shaft and 
E Seam MDW Project, 2250 HWY 50, Delta, Colorado 81416. E-mail comments 
to: [email protected], (Subject: Deer Creek Shaft and E Seam MDW).

FOR FURTHER INFORMATION CONTACT: Niccole Mortenson, Engineering and 
Minerals NEPA Project Specialist, 970-874-6616 or write/e-mail the 
address above.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The Forest Service has identified the need to authorize MCC 
reasonable surface use and access on forest lands for compliance with 
methane gas Mine Safety and Health Administration requirements in the 
West Elk underground coal mine; thereby allowing safe and efficient 
recovery of previously leased (Lease C-1362) Federal coal reserves.

Proposed Action

    Existing Federal coal leases are currently being mined by Mountain 
Coal Company, LLC (MCC) from their West Elk Mine. MCC presently 
operates a longwall system of underground mining at the West Elk Mine, 
which is permitted with the Colorado Division of Reclamation, Mining 
and Safety for a production rate of 8.2 million tons of coal per year. 
The West Elk Mine was opened in 1981 and presently produces coal from 
several existing Federal coal leases. The coal mined at the West Elk 
Mine, as well as from other mines in the North Fork Valley, is a high 
BTU, low sulfur coal. It is considered a ``clean coal'' (compliance 
coal). Its use in industry helps meet standards of the Clean Air Act. 
As such, there is a demand for coal from the West Elk Mine and other 
mines in the North Fork Valley by electric power generation industries.
    Mining operations have encountered explosive methane gas. In order 
to continue operations, the methane must be vented to reduce the 
explosion hazard. A similar project for this same issue was analyzed in 
2002 in the Coal Methane Drainage Project Panels 16-24 Mountain Coal 
Company-West Elk Mine Environmental Assessment. Implementation of that 
project has resulted in field data which will assist in future 
analysis.
    The proposed Deer Creek Shaft is located in the NE\1/4\ Section 32, 
Township 13 South, Range 90 West, 6th Principal Meridian, in Gunnison 
County, Colorado (approximately 1800 feet southeast of Minnesota 
Reservoir) and would serve ventilation and emergency escape functions 
for mine safety. The access and pad location for this shaft have been 
approved under a previous NEPA decision (2006) for geotechnical work 
and have already been constructed.
    The proposed methane drainage well development is located Sections 
27-29 and 32-34, Township 13 South, Range 90 West and Sections 1-5 and 
8-10, Township 14 South, Range 90 West, 6th Principal Meridian, in 
Gunnison County, Colorado (approximately 7-10 miles east and northeast 
of Paonia, Colorado). These lands partially overlay Federal Coal Lease 
C-1362. Portions of this proposed activity overlay unleased Federal 
lands that are on the leasing schedule for early 2007. While there is 
no guarantee that MCC will receive leases on these lands, the company 
wishes to include these lands as precautionary measure for reasonably 
forseeable developments.
    The proposed action consists of the construction of one (1) 
ventilation shaft and one (1) emergency escape shaft (combined 
location) and the installation of up to 160 methane drainage wells 
located on up to 120 pads with up to 19 miles of associated access 
roads. For the purposes of analysis, the maximum development will be 
considered.
    Deer Creek Shaft Project Proposal Includes:
     Using raisebore, blindbore, or conventional sink 
construction methods to construct the ventilation shaft to create a 20-
28 foot diameter air shaft by 400 feet deep.
     Using raisebore or blindbore methods to construct a 4 foot 
diameter 400 foot deep emergency escapeway. Constructing enclosure (20 
foot x 30 foot steel-sided shed) for emergency escapeway and electrical 
generation equipment for emergency escape hoist.
     Shaft and escapeway will use previously approved and 
constructed pad and access road southeast of Minnesota Creek.
     Performing Operations and Maintenance.
     Performing interim reclamation on pad and light-use road 
once shaft and emergency structures are constructed.
     Sealing airshaft and escapeway and performing final 
reclamations when no longer needed at end of life of mine (mine life 
estimated at 13-15 years).
    E Seam Methane Drainage Wells (MDW) Project Proposal Includes:
     Drilling and casing of up to 160 MDWs located on up to 120 
pads. Estimated total pad disturbance is 75 acres over 12 years.
     Constructing/reconstructing roads between existing roads 
and new drill pads, estimated length up to 19 miles. Estimated access 
disturbance is 46 acres over 12 years.
     Installing passive and/or active degassing equipment.
     Operating and Maintaining wells for ventilation of mine.

[[Page 54609]]

     Interim reclaiming of mud pits, seeding and mulching 
outslopes and cut-slopes.
     Plugging drill holes and performing final reclamation on 
roads and pads when drill holes are no longer performing their intended 
purpose (estimated life of each MDW is 3 years; construction and 
reclamation would span 12 years).

Possible Alternatives

    No Action.
    Proposed Action-Conventional Shaft Construction.
    Alternative 1--Raisebore/Blindbore Shaft Construction.

Cooperating Agencies

    Department of Interior, Bureau of Land Management, Uncompahgre 
Field Office.

Responsible Official

    Charles S. Richmond, Forest Supervisor, Grand Mesa, Uncompahgre and 
Gunnison National Forests, 2250 HWY 50, Delta, Colorado 81416.

Nature of Decision To Be Made

    The Forest Supervisor must decide:
     Whether or not to permit the surface occupancy for the 
shaft, access roads and methane drainage wells in part or in entirety.
     Select the proposed action or an alternative method for 
the shaft and escapeway construction.
     Prescribe terms and/or conditions with respect to the use 
and protection of non-mineral interests.

Scoping Process

     Publish in Delta County Independent, Grand Junction Daily 
Sentinel and Federal Register.
     Send scoping letters to required agencies, Tribes and 
interested party list.
     Conduct public field trips (if warranted by scoping 
responses).
     Respond to comments in DEIS.

Preliminary Issues

     Socioeconomic benefits of mining.
     Wildlife.
     Topographic surface, land stability, soils and geologic 
hazards.
     Vegetation.
     Cultural resources.
     Existing land uses, including recreation, roadless 
character.
     Existing roads/facilities.
     Visual resources.
     Livestock management.
     Air quality.
     Cumulative impacts.

Permits or Licenses Required

    A special use permit will be issued by the Forest Service to the 
proponent if an action alternative is approved for surface use.
    All mine works are approved by Colorado Division of Reclamation, 
Mining and Safety.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the EIS. Comments are being sought with regard to 
the design or implementation of this project. Comments which pertain to 
the use of or leasing of vented methane are outside the scope and 
authority of this document and will be treated as such.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A draft EIS will be prepared for comment. The 
comment period on the draft EIS 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 EIS documents 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 45-day 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 EIS.
    To assist the Forest Service in identifying and 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 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.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)

    Dated: September 11, 2006.
Charles S. Richmond,
Forest Supervisor.
[FR Doc. E6-15473 Filed 9-15-06; 8:45 am]
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