[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Notices]
[Pages 32642-32644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16048]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLWYP00000-L13200000-EL0000, LLWYP00000-L51100000-GA0000-LVEMK09CK320, 
LLWYP00000-L51100000-GA0000-LVEMK09CK340, LLWYP00000-L51100000-GA0000-
LVEMK09CK370; WYW164812, WYW174596, WYW172388, WYW172685, WYW173408, 
WYW176095]


Notice of Availability and Notice of Hearing for the Wright Area 
Coal Draft Environmental Impact Statement That Includes Four Federal 
Coal Lease-by-Applications, WY

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Availability.

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SUMMARY: In accordance with the National Environmental Policy Act of 
1969 (NEPA) and the Federal Land Policy and Management Act of 1976 
(FLPMA), the Bureau of Land Management (BLM) has prepared a Draft 
Environmental Impact Statement (DEIS) for the Wright Area Coal project 
that contains four Federal coal Lease-by-Applications (LBAs), and by 
this Notice is announcing a public hearing requesting comments on the 
DEIS, on the Maximum Economic Recovery (MER), and on the Fair Market 
Value (FMV) of the Federal coal resources.

DATES: To ensure comments will be considered, the BLM must receive 
written comments on the Wright Area Coal DEIS, MER, and FMV within 60 
days following June 26, 2009, the date the Environmental Protection 
Agency published the Notice of Availability in the Federal Register [74 
FR 30570]. The public hearing will be held at 7 p.m. MST, on July 29, 
2009, at the Clarion Inn, 2009 S. Douglas Hwy., Gillette, Wyoming.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: [email protected]. Please include ``Wright 
Area Coal DEIS--Sarah Bucklin'' in the subject line.
     Fax: 307-261-7587, Attn: Sarah Bucklin.
     Mail: Wyoming High Plains District Office, Bureau of Land 
Management, Attn: Sarah Bucklin, 2987 Prospector Drive, Casper, Wyoming 
82604.
     Written comments may also be hand-delivered to the BLM 
Wyoming High Plains District Office in Casper.
    Copies of the DEIS are available at the following BLM office 
locations: BLM Wyoming State Office, 5353 Yellowstone Road, Cheyenne, 
Wyoming 82009; and BLM Wyoming High Plains District Office, 2987 
Prospector Drive, Casper, Wyoming 82604. The DEIS is available 
electronically at the following Web site: http://www.blm.gov/wy/st/en/info/NEPA/cfodocs/WrightCoal.html.

FOR FURTHER INFORMATION CONTACT: Sarah Bucklin or Mike Karbs, BLM 
Wyoming High Plains District Office, 2987 Prospector Drive, Casper, 
Wyoming 82604. Ms. Bucklin or Mr. Karbs may also be reached at (307) 
261-7600 or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The DEIS analyzes the potential impacts of 
issuing leases for six Federal coal maintenance tracts serialized as 
WYW164812 (North Hilight Field Tract), WYW174596 (South Hilight Field 
Tract), WYW172388 (West Hilight Field Tract), WYW172685 (West Jacobs 
Ranch Tract), WYW173408 (North Porcupine Tract), and WYW176095 (South 
Porcupine Tract) in the decertified Powder River Federal Coal 
Production Region, Wyoming. The BLM is considering issuing these six 
coal leases as a result of four applications filed in accordance with 
43 CFR part 3425 between October 2005 and September 2006. Supplementary 
information by tract is as follows:

North and South Hilight Field Tracts

    On October 7, 2005, Ark Land Company applied for Federal coal 
reserves in two maintenance tracts encompassing approximately 4,590.19 
acres and 588.2 million tons of coal as estimated by the applicant. The 
tracts are adjacent to the Black Thunder Mine operated by Thunder Basin 
Coal Company. BLM determined that the application would be processed as 
two separate tracts. The tracts are referred to

[[Page 32643]]

as the North Hilight Field Tract, case file number WYW164812, and the 
South Hilight Field Tract, case file number WYW174596. As applied for, 
the coal in the tracts would potentially extend the life of the mine by 
as many as four years.
    As applied for, the North Hilight Field Tract includes 
approximately 263.4 million tons of recoverable coal underlying the 
following lands in Campbell County, Wyoming:

T. 44 N., R. 70 W., 6th PM, Wyoming

Section 19: Lots 5 through 20;

T. 44 N., R. 71 W., 6th PM, Wyoming

Section 23: Lots 1 through 16;
Section 24: Lots 1 through 16;
Section 26: Lots 1 through 16.

    Containing 2,613.50 acres, more or less.

    As applied for, the South Hilight Field Tract includes 
approximately 213.6 million tons of recoverable coal underlying the 
following lands in Campbell County, Wyoming:

T. 43 N., R.71 W., 6th PM, Wyoming

Section 23: Lots 1 through 16;
Section 26: Lots 1 through 16;
Section 35: Lots 1 through 16.

    Containing 1,976.69 acres, more or less.

West Hilight Field Tract

    On January 17, 2006, Ark Land Company applied for Federal coal 
reserves in a maintenance tract containing approximately 2,370.52 acres 
and approximately 428 million tons of coal as estimated by the 
applicant. The tract is adjacent to the Black Thunder Mine operated by 
Thunder Basin Coal Company. The tract, which is referred to as the West 
Hilight Field Tract, has been assigned case file number WYW172388. As 
applied for, the coal in the tract would potentially extend the life of 
the mine by as many as three years.
    As applied for, the West Hilight Field Tract includes approximately 
377.9 million tons of recoverable coal underlying the following lands 
in Campbell County, Wyoming:

T. 43 N., R. 71 W., 6th PM, Wyoming

Section 8: Lots 1, 2, and 7 through 16;
Section 9: Lots 1 through 16;
Section 10: Lots 3 through 6, 11 through 14;
Section 17: Lots 1 through 16;
Section 20: Lots 1 through 4;
Section 21: Lots 3, 4.

    Containing 2,370.52 acres, more or less.

West Jacobs Ranch Tract

    On March 24, 2006, Jacobs Ranch Coal Company applied for Federal 
coal reserves in a maintenance tract containing approximately 5,944.37 
acres and approximately 956 million tons of coal as estimated by the 
applicant. The tract is adjacent to the Jacobs Ranch Mine. The tract, 
which is referred to as the West Jacobs Ranch Tract, has been assigned 
case file number WYW172685. As applied for, the coal in the tract would 
potentially extend the life of the mine by as many as 17 years.
    As applied for, the West Jacobs Ranch Tract includes approximately 
669.6 million tons of recoverable coal underlying the following lands 
in Campbell County, Wyoming:

T. 43 N., R. 71 W., 6th PM, Wyoming

Section 3: Lots 2, 5 through 19;
Section 4: Lots 5 through 20;
Section 5: Lots 5 through 20;

T. 44 N., R. 71 W., 6th PM, Wyoming

Section 22: Lots 9 through 16;
Section 27: Lots 1 through 16;
Section 28: Lots 1 through 3, 5 through 16;
Section 29: Lots 5 through 15 and SE\1/4\SE\1/4\;
Section 32: Lots 1 through 15 and SW\1/4\SE\1/4\;
Section 33: Lots 1 through 15 and NE\1/4\SE\1/4\;
Section 34: Lots 1 through 16.

    Containing 5,944.37 acres, more or less.

North and South Porcupine Tracts

    On September 29, 2006, BTU Western Resources, Inc. applied for 
Federal coal reserves in three maintenance tracts encompassing 
approximately 5,116.65 acres and approximately 598 million tons of coal 
as estimated by the applicant. The tracts are adjacent to the North 
Antelope Rochelle Mine. On October 12, 2007, BTU Western Resources, 
Inc. filed a request with BLM to modify its application and increase 
the lease area and coal volume to approximately 8,981.74 acres and 
approximately 1,179.1 million tons of coal as estimated by the 
applicant. BLM determined that the modified application would be 
processed as two separate maintenance tracts. The tracts are referred 
to as the North Porcupine Tract, case file number WYW173408, and the 
South Porcupine Tract, case file number WYW176095. As applied for, the 
coal in the tracts would potentially extend the life of the mine by as 
many as ten years.
    As applied for, the North Porcupine Tract includes approximately 
601.2 million tons of recoverable coal underlying the following lands 
in Campbell County, Wyoming:

T. 42 N., R. 70 W., 6th PM, Wyoming

Section 19: Lots 13 through 20;
Section 20: Lots 9 through 16;
Section 21: Lots 9 through 16;
Section 22: Lots 9 through 16;
Section 26: Lots 3 through 6, 9 through 16;
Section 27: Lots 1 through 16;
Section 28: Lots 1 through 4;
Section 29: Lots 1 through 4;
Section 30: Lots 5 through 8;

T. 42 N., R. 71 W., 6th PM, Wyoming

Section 22: Lots 10 through 15, 21 through 24;
Section 23: Lots 9 through 16;
Section 24: Lots 9 through 16;
Section 25: Lots 1 through 4;
Section 26: Lots 1 through 6, 11 through 14;
Section 27: Lots 2 through 6, 9, 12, 15 through 30;
Section 34: Lots 1 through 3, 6 through 11;
Section 35: Lots 3 through 6, 11 through 14.

    Containing 5,795.78 acres, more or less.

    As applied for, the South Porcupine Tract includes approximately 
309.7 million tons of recoverable coal underlying the following lands 
in Campbell County, Wyoming:

T. 41 N., R. 70 W., 6th PM, Wyoming

Section 7: Lots 7 through 10, 15 through 18;
Section 18: Lots 6 through 11, 14 through 19;

T. 41 N., R. 71 W., 6th PM, Wyoming

Section 1: Lots 5 through 20;
Section 12: Lots 1 through 16;
Section 13: Lots 1 through 16;
Section 14: Lots 1, 8, 9, 16;
Section 23: Lots 1, 8 (N\1/2\);
Section 24: Lots 2 through 4, 5 (N\1/2\), 6 (N\1/2\), 7 (N\1/2\).

    Containing 3,185.96 acres, more or less.

    Consistent with Federal regulations under NEPA and the Mineral 
Leasing Act of 1920, as amended, the BLM must prepare an environmental 
analysis prior to holding competitive Federal coal lease sales. The 
Powder River Regional Coal Team recommended that BLM process these four 
coal lease applications after they reviewed the tracts that were 
applied for by Ark Land Company and Jacobs Ranch Coal Company at a 
public meeting held on April 19, 2006, in Casper, Wyoming, and the 
tracts that were applied for by BTU Western Resources, Inc., at a 
public meeting held on January 18, 2007, in Casper, Wyoming.
    Lands in the North Hilight Field, South Hilight Field, West Hilight 
Field, North Porcupine, and South Porcupine Tracts contain Federal 
surface administered by the Forest Service and private surface estate 
which overlies the Federal coal. Lands in the West Jacobs Ranch Tract 
contain all private surface estate which overlies the Federal coal.
    Cooperating agencies in the preparation of this EIS include: The 
Office of Surface Mining Reclamation and Enforcement (OSM), U.S. 
Department of Agriculture Forest Service (USFS), Wyoming Department of 
Transportation, Wyoming Department of Environmental Quality (WDEQ) Land 
Quality and Air Quality Divisions, and the Converse County Board of 
Commissioners. Before the tracts can be leased, the Forest Service must 
consent

[[Page 32644]]

to leasing the federal coal that is located on USFS-administered lands.
    The Black Thunder Mine, Jacobs Ranch Mine, and North Antelope 
Rochelle Mine are operating under approved mining permits from the WDEQ 
Land Quality and Air Quality Divisions.
    If the tracts are leased to existing mines, the new leases must be 
incorporated into the existing mining and reclamation plans for the 
adjacent mines. Before the Federal coal in each tract can be mined, the 
Secretary of the Interior must approve the revised Mineral Leasing Act 
(MLA) mining plan for the mine in which each tract will be included. 
OSM is the Federal agency that is responsible for recommending 
approval, approval with conditions, or disapproval of the revised MLA 
mining plan to the Office of the Secretary of the Interior.
    The DEIS analyzes and discloses to the public the direct, indirect, 
and cumulative environmental impacts associated with leasing six 
Federal coal tracts in the Wyoming portion of the Powder River Basin. A 
copy of the DEIS has been sent to affected Federal, State, and local 
government agencies; persons and entities identified as potentially 
being affected by a decision to lease the Federal coal in each of the 
tracts; and persons who indicated to the BLM that they wished to 
receive a copy of the DEIS. The purpose of the public hearing is to 
solicit comments on the DEIS, on the proposed competitive sales of the 
six Federal coal lease maintenance tracts, and on the FMV and MER of 
the Federal coal.
    The DEIS analyzes leasing the six Wright Area coal tracts as the 
Proposed Action. Under the Proposed Action, a competitive sale would be 
held and a lease issued for Federal coal contained in the tracts as 
applied for by each of the applicants. As part of the coal leasing 
process, the BLM is evaluating adding additional Federal coal to the 
tracts to avoid bypassing coal or to prompt competitive interest in 
unleased Federal coal in the area. The alternate tract configurations 
for each of the LBAs that BLM is evaluating are described and analyzed 
as separate alternatives in the DEIS. Under these alternatives, 
competitive sales would be held and leases would be issued for Federal 
coal lands included in tracts modified by the BLM. The DEIS also 
analyzes the alternative of rejecting the application(s) to lease 
Federal coal as the No Action Alternative. The Proposed Actions and 
alternatives for each of the LBAs being considered in the DEIS are in 
conformance with the Approved Resource Management Plan for Public Lands 
Administered by the Bureau of Land Management Buffalo Field Office 
(2001) and the USDA-Forest Service Land and Resource Management Plan 
for the Thunder Basin National Grassland (2002).
    Requests to be included on the mailing list for this project and 
requests for copies of the DEIS may be sent in writing, by fax, or 
electronically to the addresses previously stated at the beginning of 
this notice. For those submitting comments on the DEIS, please make the 
comments as specific as possible with reference to page numbers and 
sections of the document. Comments that contain only opinions or 
preferences will not receive a formal response; however, they will be 
considered as part of the BLM decision-making process.
    Please note that public comments and information submitted to the 
BLM including the commenter's name, street address, and e-mail address 
will be available for public review and disclosure at the above address 
during regular business hours (7:45 a.m. to 4:30 p.m.), Monday through 
Friday, except holidays.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment, including your personal identifying 
information, may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

    Authority:  40 CFR 1506.6.

Mary E. Trautner,
Acting Associate State Director.
[FR Doc. E9-16048 Filed 7-7-09; 8:45 am]
BILLING CODE 4310-22-P