[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Notices]
[Pages 24673-24677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9920]


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DEPARTMENT OF AGRICULTURE

Forest Service


Grand Mesa, Uncompahgre and Gunnison National Forests; Colorado; 
Federal Coal Lease Modifications COC-1362 & COC-67232

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Grand Mesa, Uncompahgre and Gunnison National Forests 
(GMUG) must decide whether or not to consent to Bureau of Land 
Management (BLM) modifying the Federal Coal Leases COC-1362 and COC-
67232 by adding 800 and 922 acres, respectively, to them. If the GMUG 
does consent to lease, it will prescribe conditions (as stipulations) 
for the protection of non-mineral resources

DATES: Public comments for this project were received between April 21 
and May 21, 2010 during the preparation of an Environmental Assessment. 
Comments received during that period will be also be considered in this 
analysis. These comments have informed the issue analysis and 
alternative development. Additionally, the agency will continue to 
accept public comments throughout the preparation of the Draft 
Environmental Impact Statement, which is estimated to be released in 
May, 2012. The final environmental impact statement is expected in 
July, 2012.

ADDRESSES: Written comments should be addressed to Grand Mesa, 
Uncompahgre, and Gunnison National Forest, Attn: Forest Supervisor, 
2250 HWY50, Delta, CO 81416. Comments may also be sent via email to 
[email protected] or via facsimile to 970-874-
6698.

FOR FURTHER INFORMATION CONTACT: Niccole Mortenson, 406-329-3163 or 
[email protected].
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action

    Under 43 CFR part 3432 (as amended by the Energy Policy Act of 
2005), the holder of a federal coal lease may apply to modify a lease 
by adding up to 960 acres. The federal agencies are responding to 
applications to modify existing leases. The GMUG and BLM have 
identified the need to consider issuing two coal lease modifications 
for federal coal lands immediately adjacent to exiting federal coal 
leases COC-1362 and COC-67232. The purpose of the lease modifications 
is to ensure that compliant and super-compliant coal reserves are 
recovered.
    The BLM, charged with administration of the mineral estate on these 
Federal lands, is required, by law, to consider leasing Federally-owned 
minerals for economic recovery. The USDA-Forest Service (FS), as the 
surface management agency, considers consenting to the BLM leasing 
reserves underlying lands under its jurisdiction, and prescribes 
stipulations for the protection of non-mineral resources.

Proposed Action

    Within the jurisdiction of the Forest Service, the proposed action 
is to consent to BLM modifying existing federal coal leases COC-1362 
and COC- 67232 by adding 800 and 922 additional acres (respectively) to 
ensure that compliant and super-compliant coal reserves are recovered 
and not bypassed, and to identify stipulations for the protection of 
non-mineral (i.e. surface) resources.
    The proposed lease modifications are located in Gunnison County, 
Colorado in portions of sections 10, 11, 13, 14, 22, 23 of T.14S. R. 
90W., 6th PM. The modification areas include National Forest System 
(NFS) surface lands managed by the GMUG and the coal estate managed by 
the BLM.
    The proposed action deals primarily with underground mining. It is 
assumed that longwall mining practices would be used. Surface 
disturbance may include soil subsidence due to removal of the coal. In 
the event that post-lease surface activities are proposed and 
authorized, other soil disturbance may occur due to temporary road 
construction and drilling of methane drainage wells. A Reasonably 
Foreseeable Mine Plan (RFMP) has been developed to address potential 
environmental effects. It is detailed to the extent possible and will 
be included in the analysis.

Possible Alternatives

    No Action Alternative--Analysis of the No Action alternative is 
required by CEQ 40 CFR 1502.14(d). Under the no action alternative, the 
lease modifications would not be approved, and no mining would occur in 
these specific areas. Impacts from mining coal under these areas would 
not occur on these lands, and the effects from on-going land uses could 
continue including coal mining activities such as exploration and 
monitoring related to mine activities, as well as continued recreation 
and grazing. The land would continue to be managed according to Forest 
Plan standards, goals and guidelines.
    The Following is Common to All Action Alternatives-Within the 
jurisdiction of the Forest Service, the proposed action is to consent 
to BLM modifying existing federal coal leases COC-1362 and COC-67232 by 
adding 800 and 922 additional acres (respectively) to ensure that 
compliant and super-compliant coal reserves are recovered and not 
bypassed, and to identify stipulations for the protection of non-
mineral (i.e. surface) resources.
    The proposed action deals primarily with underground mining. It is 
assumed

[[Page 24674]]

that longwall mining practices would be used. Minor surface disturbance 
would occur on Forest Service lands as a result of subsidence. In the 
event that post-lease surface activities are proposed and authorized, 
other soil disturbance may occur due to temporary road construction and 
drilling of methane drainage wells. A Reasonably Foreseeable Mine Plan 
(RFMP) has been developed to address potential environmental effects 
and is detailed to the extent necessary without being predecisional.

Stipulations for Action Alternatives

    As part of the Proposed Action alternative the GMUG Forest 
Supervisor must decide if the existing stipulations on the existing 
parent leases are sufficient for the protection of non-mineral (i.e. 
surface) resources. If not, additional stipulations that will provide 
for the protection of non-mineral resources must be prescribed. The 
list below describes the stipulations on the parent leases, and their 
applicability to the lease modifications and additional or modified 
stipulations identified for the protection of visual resources Canada 
lynx.
    In accordance with Forest Service Manual (FSM) 2820, the Standard 
Notice for Lands under the Jurisdiction of Agriculture is part of the 
parent leases, and hence would apply to the lease modifications. This 
Standard Notice includes requirements for Cultural and Paleontological 
Resources, and Threatened and Endangered Species is noted in the list 
below. Further, the Standard Notice contains the following language: 
``The permittee/lessee must comply with all the rules and regulations 
of the Secretary of Agriculture set forth at Title 36, Chapter II, of 
the Code of Federal Regulations governing the use and management of the 
National Forest System (NFS) when not inconsistent with the rights 
granted by the Secretary of Interior in the permit. The Secretary of 
Agriculture's rules and regulations must be complied with for (1) all 
use and occupancy of the NFS prior to approval of an exploration plan 
by the Secretary of the Interior, (2) uses of all existing 
improvements, such as forest development roads, within and outside the 
area permitted by the Secretary of the Interior, and (3) use and 
occupancy of the NFS not authorized by the permit/operation approved by 
the Secretary of the Interior.''
    Cultural and Paleontological Resources--The FS is responsible for 
assuring that the leased lands are examined to determine if cultural 
resources are present and to specify mitigation measures. Prior to 
undertaking any surface-disturbing activities on the lands covered by 
this lease, the lessee or operator, unless notified to the contrary by 
the FS, shall: Contact the FS to determine if a site specific cultural 
resource inventory is required. If a survey is required then:
     Engage the services of a cultural resource specialist 
acceptable to the FS to conduct a cultural resource inventory of the 
area of proposed surface disturbance. The operator may elect to 
inventory an area larger than the area of proposed disturbance to cover 
possible site relocation which may result from environmental or other 
considerations. An acceptable inventory report is to be submitted to 
the FS for review and approval at the time a surface disturbing plan of 
operation is submitted.
     Implement mitigation measures required by the FS and BLM 
to preserve or avoid destruction of cultural resource values. 
Mitigation may include relocation of proposed facilities, testing, 
salvage, and recordation or other protective measures. All costs of the 
inventory and mitigation will be borne by the lessee or operator, and 
all data and materials salvaged will remain under the jurisdiction of 
the U.S. Government as appropriate.
     The lessee or operator shall immediately bring to the 
attention of the FS and BLM any cultural or paleontological resources 
or any other objects of scientific interest discovered as a result of 
surface operations under this license, and shall leave such discoveries 
intact until directed to proceed by FS and BLM.
    Endangered or Threatened Species--The FS is responsible for 
assuring that the leased land is examined prior to undertaking any 
surface-disturbing activities to determine effects upon any plant or 
animal species listed or proposed for listing as endangered or 
threatened, or their habitats. The findings of this examination may 
result in some restrictions to the operator's plans or even disallow 
use and occupancy that would be in violation of the Endangered Species 
Act of 1973 by detrimentally affecting endangered or threatened species 
or their habitats. The lessee/operator may, unless notified by the FS 
that the examination is not necessary, conduct the examination on the 
leased lands at his discretion and cost. This examination must be done 
by or under the supervision of a qualified resource specialist approved 
by the FS. An acceptable report must be provided to the FS identifying 
the anticipated effects of a proposed action on endangered or 
threatened species or their habitats.
    If there is reason to believe that Sensitive, Threatened or 
Endangered species of plants or animals, or migratory bird species of 
high Federal interest are present, or become present in the lease area, 
the Lessee/Operator shall be required to conduct an intensive field 
inventory of the area to be disturbed and/or impacted. The inventory 
shall be conducted by a qualified specialist, and a report of findings 
prepared. A plan will be made that recommends protection for these 
species or action necessary to mitigate the disturbance. The cost of 
conducting such inventory, preparing reports and carrying out 
mitigation measures shall be borne by the Lessee/Operator.
    Canada Lynx--To comply with the GMUG Forest Plan 2008 amendment, 
the following special constraints will apply if surface use on the 
lease is proposed in lynx habitat:
     Winter access will be limited to designated routes.
    Further, should surface-disturbing operations be proposed on the 
lease in lynx habitat, the following special constraints may apply, 
depending on site-specific circumstances:
     Remote monitoring of the development sites and facilities 
may be required to reduce snow compaction.
     A reclamation plan (e.g. road reclamation and vegetation 
rehabilitation) for sites and facilities that promotes the restoration 
of lynx habitat may be required.
     Public motorized use on new roads constructed for project-
specific purposes will be restricted.
     Access roads will be designed to provide for effective 
closures and will be reclaimed or decommissioned at project completion 
if they are no longer needed for other management objectives.
     New permanent roads will not be built on ridge tops or in 
saddles, if possible, or in areas identified as important for lynx 
habitat connectivity. New roads will be situated away from forested 
stringers, if possible.
    Raptors--For raptors (except American kestrel) the Lessee will be 
required to: Conduct surveys for nesting raptors on the lease prior to 
development of any surface facilities, and no surface activities will 
be allowed within \1/2\-mile radius of active nest sites between the 
dates of February 1 and August 15, unless authorized by the Forest 
Service on a site-specific basis.
    Big Game Winter Range--In order to protect big game wintering 
areas, elk calving areas, and other key wildlife habitat and/or 
activities, specific surface use may be curtailed during specific times 
of year. Specific time restrictions

[[Page 24675]]

for specific species will be evaluated by the Forest Service at the 
individual project stage, and any additional site specific conditions 
of use developed at that time.
    Water Depletions--In the future, if water to be used for mine 
related activities is taken from a source that is considered to be 
tributary waters by the U.S. Fish and Wildlife Service, or which 
exceeds a depletion amount previously consulted upon, the permitting 
agency must enter into consultation with the U.S. Fish and Wildlife 
Service to determine appropriate conservation measures to offset 
effects to listed fish and critical habitat in the upper Colorado River 
Basin.
    Breeding Birds--If surface disturbance is proposed on the lease, 
the lessee/operators will be required to conduct breeding bird surveys 
prior to surface disturbance.
    Geologic Hazards--
    COC-1362 Modification--No surface occupancy would be allowed in 
areas of high geologic hazard or high erosion potential, or on slopes 
which exceed 60%. Special interdisciplinary team analysis and 
mitigation plans detailing construction and mitigation techniques would 
be required on areas where slopes range from 40-60 percent. The 
interdisciplinary team could include engineers, soil scientist, 
hydrologist, landscape architect, reclamation specialist and mining 
engineer.
    COC-67232 Modification--No surface occupancy would be allowed in 
areas of high geologic hazard or high erosion potential. Special 
interdisciplinary team analysis and mitigation plans detailing 
construction and mitigation techniques would be required on areas where 
slopes range from 40-60 percent. The interdisciplinary team could 
include engineers, soil scientist, hydrologist, landscape architect, 
reclamation specialist and mining engineer.
    Baseline Information--The operator/lessee would be required to 
perform adequate baseline studies to quantify existing surface and 
subsurface resources. Existing data can be used for baseline analyses 
provided that the data is adequate to locate, quantify, and demonstrate 
interrelationships between geology, topography, hydrogeology, and 
hydrology. Baseline studies are critical to the success of future 
observation and assessment of mining related effects on resources.
    Monitoring Program--The operator/lessee of the lease tract would be 
required to establish or amend a monitoring program to be used as a 
continuing record of change over time of area resources in order to 
assess mining induced impacts. The monitoring program shall provide the 
procedures and methodologies to adequately assess interrelationships 
between geology, topography, hydrogeology, and hydrology identified in 
the baseline assessment to mining activities in the lease tract area. 
The monitoring program shall incorporate baseline data so as to provide 
a continuing record over time.
    Riparian, Wetland or Floodplain--Surface use or disturbances 
(except for surface subsidence and resource monitoring purposes defined 
in the approved mining permit) will avoid riparian, wetland or 
floodplain areas, and a buffer zone surrounding these areas (the 
definition of riparian areas and appropriate buffer zone will be 
consistent with that defined in the Forest Service Manual and Rocky 
Mountain Region's Water Conservation Practices Handbook. Wetland 
definition will follow Army Corps of Engineers guidelines) unless no 
practical alternatives exist.
    Subsidence (Language from COC-1362 parent lease)--If subsidence 
adversely affects surface resources in any way (including, but not 
limited to a documented water loss), the Lessee, at their expense will 
be responsible to: Restore stream channels, stock ponds, protect stream 
flow with earthwork or temporary culverts, restore affected roads, or 
provide other measures to repair damage or replace any surface water 
and/or developed ground water source, stock pond, water conveyance 
facilities, with water from an alternate source in sufficient quantity 
and quality to maintain existing riparian habitat, livestock and 
wildlife use, or other land uses as authorized by 36 CFR part 251. The 
Lessee/Operator shall be responsible for monitoring, repairing and/or 
mitigating subsidence effects on existing facilities under Special Use 
Permit with the Forest Service. Monitoring, repair and/or mitigation, 
if needed, would be performed at the Lessee's expense. These 
requirements will be coordinated with the District Ranger and the 
Special Use Permittee.
    Roadless (Lease Notice Only)--All or parts of the following lands 
encompassed in this lease are in the West Elk Inventoried Roadless Area 
and may be subject to restrictions on road-building pursuant to rules 
and regulations of the Secretary of Agriculture applicable at the time 
any roads may be proposed on the lease. Legal descriptions are 
approximate. Locations of any proposed surface use would be verified 
for relationship to IRA boundaries using site-specific maps if/when 
surface operations are proposed.
    Visuals--Within the lease modification area, the lessee will work 
with the District Ranger and his/her representative to see that all 
mine operations are situated on the ground in such a manner that 
reasonably minimizes impacts to the scenic integrity of that landscape, 
as prescribed in the Forest Plan.
    Coal Mine Methane--The parent leases also contain lease terms from 
BLM regarding coal mine methane that would be carried forward to the 
lease modifications. These are addressed as lease addendum as follows:
    Sec. 3. Notwithstanding the language in Sec. 2 of this lease and 
subject to the terms and conditions below, lessee is authorized to 
drill for, extract, remove, develop, produce and capture for use or 
sale any or all of the coal mine methane from the above described lands 
that it would otherwise be required to vent or discharge for safety 
purposes by applicable laws and regulations. For purposes of this 
lease, ``coal mine methane'' means any combustible gas located in, 
over, under, or adjacent to the coal resources subject to this lease, 
that will or may infiltrate underground mining operations.
    Sec. 4. Notwithstanding any other provision of this lease, nothing 
herein shall, nor shall it be interpreted to, waive, alter or amend 
lessee's right to vent, discharge or otherwise dispose of coal mine 
methane as necessary for mine safety or to mine the coal deposits 
consistent with permitted underground mining operations and federal and 
state law and regulation. Lessee shall not be obligated or required to 
capture for use or sale coal mine methane that would otherwise be 
vented or discharged if the capture of coal mine methane, independent 
of activities related to mining coal, is not economically feasible or 
if the coal mine methane must be vented in order to abate the potential 
hazard to the health or safety of the coal miners or coal mining 
activities. In the event of a dispute between lessor and lessee as to 
the economic or other feasibility of capturing for use or sale the coal 
mine methane, lessor's remedy as a prevailing party shall be limited to 
recovery of the compensatory royalties on coal mine methane not 
captured for use or sale by lessee. Lessee shall have the right to 
continue all mining activities under the lease, including venting coal 
mine methane, pending resolution of any dispute regarding the 
application of the terms of Sections 3 and 4.
    Sec. 2(c) COAL MINE METHANE OPERATIONS AND ROYALTIES--
Notwithstanding the language in Part II, Section 2(a) of this lease, 
the royalty

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shall be 12.5 percent of the value of any coal mine methane that is 
captured for use or sale from this lease. For purposes of this lease, 
the term ``capture for use or sale'' shall not include and the royalty 
shall not apply to coal mine methane that is vented or discharged and 
not captured for the economic or safety reasons described in Part I, 
Section 4 of this lease. Lessee shall have no obligation to pay 
royalties on any coal mine methane that is used on or for the benefit 
of mineral extraction at the West Elk coal mine. When not inconsistent 
with any express provision of this lease, the lease is subject to all 
rules and regulations related to Federal gas royalty collection in 
Title 30 of the Code of Federal Regulations now or hereinafter in 
effect and lessor's rules and regulations related to applicable 
reporting and gas measurement now or hereinafter in effect
    Severability--In the event any provision of this addendum is 
subject to a legal challenge or is held to be invalid, unenforceable or 
illegal in any respect, the validity, legality and enforceability of 
this lease will not in any way be affected or impaired thereby and 
lessee will retain, in accordance with the terms of this lease, the 
exclusive right and privilege to drill for, mine, extract, remove or 
otherwise process and dispose of the coal deposits, upon, or under the 
lands described in this lease, including the right to vent or discharge 
coal mine methane for safety purposed as required by applicable laws 
and regulation.
    Proposed Action (Alternative 2)--Includes all of the information 
common to all action alternatives above. Because leasing itself does 
not involve any mineral development or surface disturbance, it is 
necessary to project the amount of surface use or activity that may 
result during lease development in order to disclose potential effects 
and inform decision-making. To facilitate analyzing potential surface 
impacts, the analysis will assume a reasonably foreseeable mine plan 
(RFMP) for this leasing decision. It must be noted however, that 
decisions pertaining to surface use and disturbance, with the exception 
of subsidence impacts, are not made at the leasing stage. Rather, the 
decisions related to permit-related surface activities are made when 
and if site-specific surface uses are proposed, and are evaluated 
through the State permitting process based on their own merits. The 
environmental effects analysis of post-lease surface use and 
disturbance associated with this alternative will include subsidence 
and methane drainage well pads. Under the regulatory framework of the 
2001 Roadless Area Conservation Rule, future road building is 
prohibited; however methane drainage is permitted.
    Alternative 3--Includes all of the information common to all action 
alternatives above. Similar to Alternative 2, the analysis will assume 
a RFMP for this alternative. However, the environmental effects of this 
alternative will be analyzed under the regulatory framework of the 
Proposed Colorado Roadless Rule. As the proposed rule would apply to 
this leasing decision, temporary road building would be allowed.

Lead and Cooperating Agencies

Cooperating Agencies:
    Uncompahgre Field Office, Bureau of Land Management
    Colorado State Office, Bureau of Land Management
    Western Region, Office of Surface Mining Reclamation and 
Enforcement
    Colorado Division of Reclamation Mining and Safety (pending)

Responsible Official

GMUG Forest Supervisor

Nature of Decision To Be Made

    Given the purpose and need, the Authorized Officer will review the 
proposed action, the other alternatives, and the environmental 
consequences in order to decide the following:
     Whether or not to consent to the BLM modifying existing 
Federal Coal Lease COC-1362 by adding 800 acres according to the 
Federal Coal Leasing Amendments Act of 1976;
     Whether or not to consent to the BLM modifying existing 
Federal Coal Lease COC-67232 by adding 922 acres according to the 
Federal Coal Leasing Amendments Act of 1976;
     Prescribe stipulations needed for the protection of non-
mineral resources by determining if the existing stipulations on the 
parent lease are sufficient. If they are not sufficient, prescribe 
additional stipulations that will provide for the protection of non-
mineral resources.
    The Forest Service Authorized Officer will determine if the 
activity is consistent with the GMUG Forest Plan.
    The Forest Service decision will be made based on the analysis 
relative to the No Action and Proposed Action Alternatives.
    The BLM is preparing a separate leasing analysis under their 
regulations. The BLM Colorado State Director is the Authorized Officer 
for the BLM, and will decide whether or not to modify the existing coal 
lease under the Mineral Leasing Act, as amended, and the federal 
regulations under 43 CFR 3400. The Uncompahgre Field Office Manager is 
responsible for providing the State Director with briefings and 
recommendations.
    Specifically, the BLM will decide whether to:
     Adopt the No-Action Alternative (no leasing);
     Adopt the proposed action (lease the coal as applied for 
by the applicants);
     Adopt an alternative with features of both of the 
alternatives; or
     Adopt the action alternative with additional mitigation 
measures.
    BLM cannot issue leases without the consent of the surface managing 
agency.
    OSM is a cooperating agency per an existing Memorandum of 
Understanding and may prepare a mining plan modification related to the 
subsequent permitting of these lease modifications.

Preliminary Issues

    Preliminary issues have been identified during the preparation of 
an Environmental Assessment. They include the following:
    Indirect and Cumulative Environmental Effects of Leasing--
     Surface disturbance other than from mining (subsidence) 
may occur as a result of mining.
     Reasonably foreseeable impacts to the surface and other 
resources may occur as a result of mining.
    Mitigation Measures--Forest Service must validate the effectiveness 
of proposed mitigation measures.
    Air Quality--
     Effects of the proposed action may occur on air quality 
including ambient ozone, PM2.5, PM10, VOCs, Class 
I areas in compliance with the Clean Air Act.
     Cumulative effects to air quality associated with coal 
burning may occur as a result of the Proposed Action.
    Roadless Character--Roadless character in the West Elk Roadless 
Area may be affected either indirectly or cumulatively through 
consenting to lease.
    Methane--Alternatives to venting including flaring, capture and 
use, or destroying ventilation air (VAM) methane must be analyzed in 
detail.
    Coal Reserve--Address the effects of adding coal reserves on coal 
resource recovery.
    Socioeconomics--
     Coal mining activities are vital to the local and regional 
economies.
     Coal from the North Fork Valley helps fuel clean coal 
technology and provide the USA with low-cost, reliable energy.
    Visual Resources--Removal of vegetation, ground disturbance and

[[Page 24677]]

structures related to future surface facilities needed to manage 
methane may negatively impact visuals.
    Wildlife--Removal of vegetation related to future surface 
facilities needed to manage methane may negatively impact Canada lynx.
    Subsidence--
     Subsidence may affect wildlife habitat, including effects 
to riparian habitat
     Subsidence may affect water resources including local 
water quality and quantity.
     Subsidence may affect cultural resources.
     Subsidence may affect other land uses, including range 
improvements, cattle trails and other multiple uses of the land.
    Climate Change--Effects on climate change may occur from mining 
coal which stem from the release of methane through the mine 
ventilation system, release of methane through any gob vent boreholes 
and release of CO2 caused by the burning of coal that is 
mined.

Scoping Process

    In addition to receiving and considering previous comments from the 
public, the agency continues to accept and consider public comments to 
guide the development of this environmental impact statement and the 
resulting decision. Additional comments should clearly articulate the 
reviewer's concerns and contentions, and focus on the adequacy of 
stipulations proposed as they relate to the protection of surface 
resources. Comments received in response to this solicitation, 
including names and addresses of those who comment, will be part of the 
public record for this proposed action. Comments submitted anonymously 
will be accepted and considered, however.

    Dated: April 19, 2012.
Sherry Hazelhurst,
Acting Forest Supervisor.
[FR Doc. 2012-9920 Filed 4-24-12; 8:45 am]
BILLING CODE 3410-11-P