[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Notices]
[Pages 52967-52969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20860]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1SS08011000SX066A00067F134S180110; 
S2D2SS08011000SX066A00033F13XS501520]


Notice of Intent To Initiate Public Scoping and Prepare an 
Environmental Impact Statement for Area F of the Rosebud Coal Mine, 
Rosebud and Treasure Counties, Montana

AGENCY: Office of Surface Mining Reclamation and Enforcement, U.S. 
Department of the Interior.

ACTION: Notice of Intent to initiate public scoping and prepare an 
Environmental Impact Statement.

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SUMMARY: In accordance with the National Environmental Policy Act of 
1969 (NEPA), the Council on Environmental Quality's (CEQ) regulations 
for implementing NEPA, and the Department of the Interior's (DOI) NEPA 
regulations, the Office of Surface Mining Reclamation and Enforcement 
(OSM), Western Region (WR), Denver, Colorado, intends to prepare an 
Environmental Impact Statement (EIS). The EIS, to be prepared in 
conjunction with the Montana Department of Environmental Quality (DEQ) 
pursuant to the Montana Environmental Policy Act (MEPA) and its 
implementing rules, will analyze the environmental impacts of the 
proposed action to permit the operation and reclamation of the proposed 
Area F expansion of the Rosebud Coal Mine.
    A single EIS that meets the requirements of both MEPA and NEPA and 
evaluates all components of the proposed project will be prepared. OSM 
and DEQ are requesting public comments on the scope of the EIS and 
significant issues that should be addressed in the EIS.

DATES: The public scoping period will be 45 days in length. Comments 
concerning the proposed action must be postmarked by October 11, 2013, 
to be considered in preparing the draft EIS.
    OSM, in conjunction with DEQ, will hold a public scoping meeting in 
Colstrip, Montana, on Thursday, September 12, 2013, from 3pm-7pm at the 
Isabel Bills Community Learning Center. The meeting will include an 
open house from 3pm-4pm with the opportunity to view project 
information. There will be brief presentations from OSM regarding the 
EIS process and from Western Energy Company (WECo) regarding the 
proposed project. Presentations will begin at 4pm followed by the 
opportunity for the public to provide oral and/or written testimony. If 
you require reasonable accommodations to attend the meeting, contact 
the person listed under FOR FURTHER INFORMATION CONTACT at least one 
week before the meeting.
    The draft EIS is expected to be released for public comment in the 
second quarter of 2014, and the final EIS is expected by the second 
quarter of 2015.

ADDRESSES: Comments may be submitted in writing or by email. At the top 
of your letter or in the subject line of your email message, please 
indicate that the comments are ``Rosebud Mine Area F EIS Comments.'' 
All comments received must contain: name of commenter, postal service 
mailing address, and date of comment. Comments sent as an email message 
should be sent as an attachment to the message.
    Email your comments to: [email protected].
    Mail/Hand-Delivery/Courier written comments to: Franklin Bartlett, 
Project Coordinator, Office of Surface Mining Reclamation and 
Enforcement, Western Region, Casper Area Office, Dick Cheney Federal 
Building, PO Box 11018, 150 East B Street, Casper, WY 82601-7032.
    The public scoping meeting on September 12, 2013, will be held at 
the Isabel Bills Community Learning Center located at 520 Poplar Drive, 
Colstrip, MT 59323.
    A scoping newsletter is available upon request or an electronic 
copy may be viewed at (Web site): http://www.wrcc.osmre.gov/.

FOR FURTHER INFORMATION CONTACT: Franklin Bartlett, Project 
Coordinator, Office of Surface Mining Reclamation and Enforcement, 
Western Region, Casper Area Office, Dick Cheney Federal Building PO Box 
11018, 150 East B Street, Casper, WY 82601-7032; phone: (307) 261-6543, 
or email: [email protected]; or consult (Web site): http://www.wrcc.osmre.gov/

SUPPLEMENTARY INFORMATION: The project area is 12 miles west of 
Colstrip, Montana, in Rosebud and Treasure counties. The surface of the 
permit area is entirely privately owned, and the subsurface minerals 
are either privately or federally held. WECo, a subsidiary of 
Westmoreland Coal Company, operates the Rosebud Mine.
    WECo submitted a permit application (C2011003F) to DEQ in October 
2011 for Area F, a proposed expansion of the mine. DEQ determined that 
WECo's revised application was administratively complete on August 1, 
2012, and began its review for technical adequacy, which is currently 
ongoing. This permit application involves Federal lands. Pursuant to 30 
CFR 746, no mining shall be conducted on Federal lands until the 
Secretary has approved the mining plan. The decision to approve a 
mining plan for the proposed Area F is a Federal action and NEPA 
analysis will be required.
    A single EIS that meets the requirements of both MEPA and NEPA and 
evaluates all components of the proposed project will be prepared. This 
Notice of Intent initiates the scoping process, which guides the 
development of the EIS. At this stage of the planning process, site-
specific public comments are being requested to determine the scope of 
the analysis and identify significant issues and alternatives to the 
proposed action. OSM and DEQ are requesting public comments on the 
scope of the EIS and significant issues that should be addressed in the 
EIS.

Rosebud Mine

    The Rosebud Mine is a 25,576-acre surface coal mine producing low-
sulfur subbituminous coal. The proposed permit area for Area F would 
add 6,746 acres (4,287 acres would be disturbed by the mining 
operations, highwall reduction, soil storage, scoria pits, haul road 
construction, and other miscellaneous disturbances) in Township 2 
North, Range 38 and 39 East, and Township 1 North, Range 39 East. If 
approved, Area F would add coal reserves to the existing Rosebud Mine 
and extend mine life by an estimated 19 years.
    Current land uses include grazing land, pastureland, cropland, and 
wildlife habitat. Tributaries of Horse Creek and West Fork Armells 
Creek, including Black Hank Creek, Donley Creek, Robbie Creek, and 
McClure Creek (all of which lie within the drainage of the Yellowstone 
River), drain the proposed mine area. A ridge in the western portion of 
the proposed mine area divides the Horse Creek and West Fork Armells 
Creek drainages.

Proposed Action

    Beginning in 2015, WECo proposes to mine 2,164 acres within the 
proposed 6,746-acre Area F permit area and would complete mining 
operations by

[[Page 52968]]

2034. During the first 12 years of production, 4,000,000 tons of coal 
would be mined annually, with the rate dropping to 3,250,000 tons 
annually during the last 7 years of production.
    The coal mining method proposed would be the same area strip mining 
method that WECo currently uses in other permitted areas of the Rosebud 
Mine. In advance of each mining pass, soil would be removed from the 
area and stockpiled according to type for use later during reclamation. 
Next, the overburden (sedimentary rock material covering the coal 
seams) would be drilled and blasted. Overburden from the initial cut 
would be stockpiled as spoil. A dragline would then be used to strip 
the overburden from succeeding mine passes. Spoil would be cast into 
the mined-out pit created by the preceding pass. After the dragline 
exposes the coal seam in each pass, the coal would be drilled and 
blasted. A loading shovel, front-end loader, or backhoe would be used 
to load blasted coal into coal haulers.
    The coal would be transported on an established haul road to permit 
Area C for crushing. From there, per WECo's contract with PPL Electric 
Utilities Corporation, most of the coal would be sent via the existing 
4.2-mile conveyor to the Colstrip Steam Electric Station. Coal with 
higher sulfur content (an estimated 105,000 tons/year) would be trucked 
to the Rosebud Power Plant. WECo does not propose to ship any coal from 
Area F by rail.
    As proposed, initial operations in 2015 would be limited to mine 
passes in the northeastern portion of Area F and would sequentially 
progress toward the southwest, and then north to the final cuts. As 
mining progresses to each new portion of Area F, a boxcut will be made 
to expose the coal seam. Overburden stockpiles, soil stockpiles, and 
scoria pits would be developed adjacent to the active boxcut pit area. 
After the initial cut, spoil from succeeding mine passes would be 
deposited in previous passes, including the boxcut. The sequence of 
operations would be as follows: (1) Sediment control, (2) soil salvage, 
(3) access and haul roads, (4) blasting, (5) overburden removal, (6) 
coal recovery, (7) highwall reduction, (8) backfilling and 
recontouring, and (9) revegetation.
    Starting in 2019, reclamation would be concurrent with and 
following mining (ending in 2039) and would facilitate the following 
post-mine land uses: grazing land, pastureland, cropland, and wildlife 
habitat. The major reclamation steps planned for before and after 
mining include soil material salvage and redistribution, pit 
backfilling, regrading and contouring, drainage construction, 
revegetation, and post-mine monitoring. In addition to reclamation of 
the landscape disturbed by actual mining, other disturbed areas would 
require reclamation including the road system, mine plant facilities, 
sedimentation ponds, and temporary diversion structures.

Preliminary Issues and Alternatives

    The EIS will consider a range of alternatives based on the issues, 
concerns, and opportunities associated with the proposed Area F 
project. A preliminary identification of issues, concerns, and 
opportunities are:
     What effect would the proposed project have on soils and 
geology?
     What effect would the proposed project have on ground 
water?
     What effect would the proposed project have on surface 
water?
     What effect would the proposed project have on wetlands?
     What effect would the proposed project have on wildlife, 
particularly on threatened, endangered, or sensitive species?
     What effect would the proposed project have on air 
quality?
     What effect would the proposed project have on noise 
receptors?
     What effect would the proposed project have on visual 
resources?
     What effect would the proposed project have on land use?
     What effect would the proposed project have on 
transportation systems?
     What social and economic effects would the proposed 
project have on local communities?
     What would be the cumulative effects of the proposed 
project in combination with other past, present, and reasonably 
foreseeable activities?
    Two primary alternatives will be considered: a no action 
alternative and an alternative to approve the project as proposed. 
Other alternatives will be developed that consist of modifications of, 
or changes to, various elements comprising the proposal.

Lead and Cooperating Agencies

    OSM and DEQ have agreed to be the Lead Agencies for this project. 
The Bureau of Land Management may participate as a cooperating agency 
in the preparation of the EIS. Other governmental agencies and any 
members of the public that may be interested in, or affected by, the 
proposal are invited to participate in the scoping process, which is 
designed to obtain input and identify potential issues relating to the 
proposed project.

Responsible Officials

    Allen D. Klein, Regional Director, Office of Surface Mining 
Reclamation and Enforcement, Western Region, 1999 Broadway, Suite 3320, 
Denver, CO 80202-3050 and Tracy Stone-Manning, Director, Montana 
Department of Environmental Quality, Director's Office, 1520 East 6th 
Avenue, Helena, MT 59620-9601 will be jointly responsible for the EIS. 
These two decision makers will make a decision regarding this proposal 
after considering comments and responses pertaining to environmental 
consequences discussed in the Final EIS and all applicable laws, 
regulations, and policies.
    The decision of a selected alternative and supporting reasoning 
will be documented in two Records of Decision (ROD), one issued by OSM 
and one issued by DEQ. OSM's ROD will be integrated into a mining plan 
decision document (MPDD) that will be submitted for approval to the DOI 
Assistant Secretary for Land and Minerals Management (ASLM).

Nature of Decisions to Be Made

    The nature of the decisions to be made is to select an action that 
meets the legal rights of the proponent while protecting the 
environment, and is in compliance with applicable laws, regulations, 
and policies. OSM and DEQ will use the EIS process to develop the 
necessary information to make an informed decision as required by 30 
CFR 746.
    Based on the alternatives developed in the EIS, the following are 
possible OSM decisions:
    (1) Recommendation that the DOI ASLM approve a mining plan based on 
the proposed action;
    (2) Recommendation that the DOI ASLM conditionally approve a mining 
plan based on a preferred alternative; or
    (3) Recommendation that the DOI ASLM deny a mining plan based on 
the proposed action.
    Based on the alternatives developed in the EIS, the following are 
possible DEQ decisions:
    (1) An approval of the permit application as submitted;
    (2) An approval of the permit application with changes, and the 
incorporation of mitigations and stipulations that meet the mandates of 
applicable laws, regulations, and policies; or
    (3) Denial of the permit application if no alternative can be 
developed that is in compliance with applicable laws, regulations, and 
policies.

[[Page 52969]]

Permits or Licenses Required

    Various permits and licenses are needed prior to implementation of 
the proposed project. Permits or licenses required by the issuing 
agencies identified for this proposal are:
     Mine permit from DEQ;
     Mining plan approval by DOI;
     Air quality permit from DEQ;
     Storm water permit and modification of the existing 
Montana Pollution Discharge Elimination System (MPDES) Permit MT-
0023965 from DEQ; and
     404 permit from the U.S. Army Corps of Engineers.

Public Comment Procedures

    OSM, in conjunction with DEQ, will hold a public scoping meeting in 
Colstrip, Montana, on Thursday, September 12, 2013 from 3pm-7pm at the 
Isabel Bills Community Learning Center, located at 520 Poplar Drive, 
Colstrip, MT 59323. The meeting will include an open house from 3pm-4pm 
with the opportunity to view project information. There will be brief 
presentations from OSM regarding the EIS process and from WECo 
regarding the proposed project. Presentations will begin at 4pm 
followed by the opportunity for the public to provide oral and/or 
written testimony. Oral testimony will be limited to three minutes per 
person. A court reporter will be present to record comments. The 
location and time of the meeting will also be published in the Billings 
Gazette and Forsythe Independent Press approximately one week prior to 
the meeting date.
    A scoping newsletter is available upon request or an electronic 
copy may be viewed at (Web site): http://www.wrcc.osmre.gov/
    Written comments, including email comments, should be sent to OSM 
at the addresses given in the ADDRESSES section of this notice. 
Comments should be specific and pertain only to the issues relating to 
the proposals. OSM will include all comments in the administrative 
record.

Availability of Comments

    OSM will make comments, including name of respondent, address, 
phone number, email address, or other personal identifying information, 
available for public review during normal business hours. Comments 
submitted anonymously will be accepted and considered; however, those 
who submit anonymous comments may not have standing to challenge the 
subsequent decision.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment, including your personal identifying 
information, will be publicly available. 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.
    All submissions from organizations or businesses and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses will be available for public review to the 
extent consistent with applicable law.

    Dated: August 1, 2013.
Allen D. Klein,
Regional Director, Western Region, Office of Surface Mining Reclamation 
and Enforcement.
[FR Doc. 2013-20860 Filed 8-26-13; 8:45 am]
BILLING CODE 4310-05-P