[Federal Register Volume 72, Number 118 (Wednesday, June 20, 2007)]
[Notices]
[Pages 34035-34036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11905]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Draft Environmental Impact Statement for the Proposed Desert Rock 
Energy Project and the Navajo Mine Extension Project, San Juan County, 
NM

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice advises the public that the Bureau of Indian 
Affairs (BIA) as lead agency, with the Navajo Nation, U.S. Bureau of 
Land Management (BLM), Office of Surface Mining, Reclamation and 
Enforcement (OSM), Environmental Protection Agency (EPA) and Army Corps 
of Engineers (USACE) as cooperating agencies, intends to file a Draft 
Environmental Impact Statement (DEIS) with the EPA for the proposed 
Desert Rock Energy and Navajo Mine Extension projects. The purpose of 
the proposed action is to help meet the economic development needs of 
the Navajo Nation. This notice also announces a series of public 
hearings to receive comments on the DEIS.

DATES: Written comments on the DEIS must arrive by August 20, 2007. The 
dates and times for the public hearings are as follows:
     July 17, 2007, 5 p.m. to 8 p.m.
     July 18, 2007 (2), 10 a.m. to 1 p.m. and 5 p.m. to 8 p.m.
     July 19, 2007, 1 p.m. to 4 p.m.
     July 20, 2007, 1 p.m. to 4 p.m.
     July 23, 2007 (2), 10 a.m. to 1 p.m. and 5 p.m. to 8 p.m.
     July 24, 2007 (2), 10 a.m. to 1 p.m. and 5 p.m. to 8 p.m.
     July 25, 2007, 10 a.m. to 1 p.m.

ADDRESSES: You may mail or hand carry written comments to Harrilene 
Yazzie, NEPA Coordinator, Navajo Regional Office, Bureau of Indian 
Affairs, P.O. Box 1060, Gallup, New Mexico 87305. Comments may also be 
sent by e-mail to the project Web site, http://www.desertrockenergy.com, or to the BIA contractor's e-mail account for 
this project, [email protected]. Please include the caption, 
``Desert Rock Energy Project DEIS Comments'' at the top of your letter 
or in the subject line of your e-mail message; be specific in your 
comments and cite the chapter, page, paragraph, and sentence to which 
they pertain; and include your name and return address in your letter 
or message.
    The DEIS is available for review at the BIA Office, 301 West Hill 
Street, Gallup, New Mexico 87305. A limited number of CD and paper 
copies of the DEIS are also available upon request. You may obtain a CD 
or paper copy by contacting Harrilene Yazzie at the BIA mailing address 
provided above, at her telephone number shown below, or by fax at (505) 
863-8324.
    The addresses/locations for the public hearings are as follows:
     July 17, 5 p.m. Farmington Civic Center, 200 West 
Arrington, Farmington, NM.
     July 18, 10 a.m. Ute Mountain Casino, Towaoc, CO. US 491/
160, 11 miles south of Cortez, CO.
     July 18, 5 p.m. Iron Horse Inn, 5800 North Main Avenue, 
Durango, CO.
     July 19, 1 p.m. Indian Pueblo Cultural Center, 2401 12th 
Street, NW. (1 block north of I-40), Albuquerque, NM.
     July 20, 1 p.m. Larrazolo Auditorium, Runnels Building, 
1190 St. Francis Drive, Santa Fe, NM.
     July 23, 10 a.m. Shiprock Chapter House, Shiprock, NM. US 
491, across from the Catholic Church.
     July 23, 5 p.m. Nenahnezad Chapter House, Fruitland, NM. 
From US 64, go south on County Road 6675, through the stoplight and 
across the San Juan River Bridge. Take the first road on the right past 
the bridge for approximately 0.5 miles to the Chapter House.
     July 24, 10 a.m. Burnham Chapter House. From US 491 
between Shiprock and Gallup, NM, go east at Burnham Junction for 12 
miles on N-5. The Chapter House is on the south side of the road.
     July 24, 5 p.m. Veterans Memorial Center, Sanostee Chapter 
Compound, Road N-34, Sanostee, NM.
     July 25, 10 a.m. Navajo Nation Museum, Hwy. 264 and Postal 
Loop Road, Window Rock, AZ.

FOR FURTHER INFORMATION CONTACT: Harrilene Yazzie, (505) 863-8287.

SUPPLEMENTARY INFORMATION: 

Background on the Desert Rock Energy Project

    The DEIS discloses probable environmental effects of the proposed 
Desert Rock Energy Project (or referred to herein as Desert Rock Energy 
Project or proposed project/action) and the Navajo Mine Extension 
Project (or referred to herein as the Navajo Mine Extension Project or 
Area IV North, Area IV South and Area V of the BHP Navajo Coal Company 
[BNCC] Lease Area).
    The applicants, Sithe Global Power, LLC (Sithe) by and through the 
Desert Rock Energy Company, LLC, and Dine Power Authority (DPA), a 
Navajo Nation enterprise, are proposing to develop and construct the 
Desert Rock Energy Project. Desert Rock Energy Company, LLC, entered 
into an agreement with DPA to develop and construct a coal-fired power 
plant on the Navajo Reservation. Desert Rock Energy Company, LLC, is a 
privately held, independent power company and a limited liability 
corporation formed under the laws of the State of Delaware. DPA was 
established by the Navajo Nation Council to develop utility-scale 
energy projects on behalf of the Navajo Nation for the economic benefit 
of the Navajo people.
    The proposed project involves the construction and operation of a 
coal-fired electrical power plant that would generate up to 1,500 
megawatts (MW) of power; the extension of existing surface coal mining 
operations at the Navajo Mine to provide fuel for the power plant; 
disposal of coal combustion by-products (CCBs); and mine reclamation 
operations, with associated mine support facilities and activities. The 
proposed project would also include a water well field with supply 
pipeline to the power plant, transmission lines, a receiving electrical 
station, other upgrades and ancillary facilities required in the 
production and transmission of electricity, and new access roads.
    The proposed project is located approximately 30 miles southwest of 
Farmington in San Juan County, New Mexico, and is entirely on Indian 
trust lands within the exterior boundaries of the Navajo Nation. The 
power plant would be constructed on a 592-acre parcel immediately 
adjacent on the west to Area IV North of the BNCC Lease Area. The coal 
fuel supply would be produced from Areas IV South and V of the BNCC 
Lease Area and transported by conveyor to a proposed coal preparation 
facility located in Area IV North of the BNCC lease area, near the 
power plant.

[[Page 34036]]

Purpose and Need for the Proposed Project

    The purpose of the proposed action is to help meet the Navajo 
Nation's need to benefit economically from the development of its coal 
resources. Construction of the Desert Rock power plant would address 
this need, as well as regional power needs in general, by
     Supporting the Navajo Nation's objective for economic 
development by providing long-term employment opportunities and revenue 
cash-flow streams from the sale of Navajo natural resources (e.g., 
water, coal);
     using Navajo Nation coal to generate electricity;
     helping meet the demand for up to 2,000 MW of electrical 
power in the rapidly growing southwestern United States; and
     providing fuel diversity, hence a more economically stable 
and predictable power supply for utilities in the Southwest.

Proposed Federal Agency Actions

    The proposed action includes several elements that require 
approvals, grants of rights-of-way, or permits by Federal agencies and 
the Navajo Nation. These are as follows:
     BIA-Approval of the long-term business land lease between 
DPA and the Navajo Nation, of the sublease between DPA and Desert Rock 
Energy Company, LLC, and of the rights-of-way requested for the 
proposed project.
     OSM-Approval of revisions to BNCC's current SMCRA permit 
to allow development of coal processing facilities, conveyance systems, 
and infrastructure in Area IV North of the BNCC Lease Area and approval 
of a future SMCRA permit application to allow coal mining, CCB 
disposal, and reclamation activities in Area IV South and Area V of the 
BNCC Lease Area.
     BLM-Approval of the Resource Recovery and Protection Plan 
or a Mine Plan of Operations for Area IV South and Area V of the BNCC 
Lease Area.
     USACE-Approval of an Individual Permit for the Desert Rock 
Energy Project under Section 404 of the Clean Water Act (CWA) and of 
Nationwide Permits or an Individual Permit under Section 404 of the CWA 
for the mining operations in Area IV South and Area V of the BNCC Lease 
Area.
     EPA-Approval of a significant revision to BNCC's National 
Pollutant Discharge Elimination System (NPDES) permit associated with 
the mining and reclamation operations and coal preparation facilities. 
Whether this constitute a new source permitting action subject to the 
National Environmental Policy Act is determined by criteria set forth 
in 40 CFR 122.29(b).
     Navajo Nation--The Navajo Nation's action, as a sovereign 
government and cooperating agency, is the approval of a land lease 
package that ensures economic development on tribal lands in compliance 
with the Navajo Nation Code and applicable Federal law.
    The above approvals, taken together, constitute the Proposed 
Action, which consists of (1) the construction, operation, and 
maintenance of the Desert Rock Energy Project and associated water 
supply wells, water supply pipelines, transmission system 
interconnection, other facilities required for the generation and 
distribution of electrical power, and new access roads; and (2) the 
approval of surface coal mining, CCB disposal, and reclamation 
operations at the Navajo Mine Extension Project to supply coal to the 
Desert Rock power plant.

Public Meetings

    Public meetings on the DEIS will include, (1) a presentation on the 
Desert Rock Energy Project and DEIS, (2) an area with displays where 
meeting attendees may discuss the project proposal and the EIS process 
with BIA and others, (3) an area where meeting attendees may record and 
submit written comments, and (4) an area where an BIA representative 
and a transcriber will record oral comments. To assist the transcriber 
and ensure an accurate record, BIA requests that each presenter of oral 
comments provide a written copy of his or her comments, if possible. A 
Navajo interpreter will be present at the meetings on the Navajo Indian 
Reservation.
    If you are disabled or need special accommodations to attend one of 
the meetings, contact the person under the FOR FURTHER INFORMATION 
CONTACT section above at least one week before the meeting.

Public Comment Availability

    Comments, including names and addresses of respondents, will be 
available for public review at the mailing address shown in the 
ADDRESSES section, during regular business hours, 8:00 a.m. to 4:30 
p.m., Monday through Friday, except holidays. Individual respondents 
may request confidentiality. If you wish us to withhold your name and/
or address from public review or from disclosure under the Freedom of 
Information Act, you must state this prominently at the beginning of 
your written comment. Such requests will be honored to the extent 
allowed by law. We will not, however, consider anonymous comments. All 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be made available for public inspection in their 
entirety.

Authority

    This notice is published in accordance with section 1503.1 of the 
Council on Environmental Quality Regulations (40 CFR, parts 1500 
through 1508) implementing the procedural requirements of the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et. seq.), 
and the Department of the Interior Manual (516 DM 1-6), and is in the 
exercise of authority delegated to the Assistant Secretary--Indian 
Affairs by 209 DM 8.

Willie R. Taylor,
Director,Office of Environmental Policy and Compliance.
 [FR Doc. E7-11905 Filed 6-19-07; 8:45 am]
BILLING CODE 4310-W7-P