[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Pages 17569-17571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06641]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1S SS08011000 SX066A000 67F 134S180110; S2D2S SS08011000 SX066A00 
33F 13xs501520]


Notice of Availability of the Four Corners Power Plant and Navajo 
Mine Energy Project Draft Environmental Impact Statement

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Notice of Availability.

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SUMMARY: In accordance with the National Environmental Policy Act 
(NEPA) of 1969, as amended, the Office of Surface Mining Reclamation 
and Enforcement (OSMRE) has prepared a Draft Environmental Impact 
Statement (EIS) for the Four Corners Power Plant and Navajo Mine Energy 
Project (Project), in northwestern New Mexico and by this notice is 
announcing the opening of the comment period.

DATES: To ensure comments will be considered, the OSMRE must receive 
written comments on the Draft EIS no later than May 27, 2014. The OSMRE 
will conduct public meetings in the following locations and on the 
following dates:

Hotevilla, AZ:--Navajo and Hopi interpreters available
    Wednesday, April 30, 5 to 8 p.m.
    Hotevilla Village (Hotevilla Youth and Elderly Center), Auditorium, 
1 Main St., Hotevilla, AZ 86030
Cortez, CO:
    Thursday, May 1, 5 to 8 p.m.
    Montezuma-Cortez High School, The Commons Area, 206 W. Seventh St., 
Cortez, CO 81321
Burnham, NM:--Navajo interpreters available
    Friday, May 2, 5 to 8 p.m.
    Tiis Tsoh Sikaad (Burham) Chapter House, Large Meeting Room, 12 
miles east of U.S. 491 on Navajo Route 5 and \1/2\ mile south on Navajo 
Route 5080
Durango, CO:
    Saturday, May 3, 9:30 a.m. to 12:30 p.m.
    Durango Community Recreation Center, 2700 Main Ave., Durango, CO 
81301
Farmington, NM:
    Monday, May 5, 5 to 8 p.m.
    Farmington Civic Center, Exhibition Hall, 200 W. Arrington St., 
Farmington, NM 87401
Shiprock, NM:--Navajo interpreters available
    Tuesday, May 6, 5 to 8 p.m.
    Shiprock High School, Commons, Highway 64 W, Shiprock, NM 87420
Nenahnezad, NM:--Navajo interpreters available
    Wednesday, May 7, 5 to 8 p.m.
    Nenahnezad Chapter House, Multipurpose Hall, County Road 6675, 
Navajo Route 365, Fruitland, NM 87416
Window Rock, AZ:--Navajo interpreters available
    Thursday, May 8, 5 to 8 p.m.
    Navajo Nation Museum, Resource Room, Highway 264, Postal Loop Road, 
Window Rock, AZ 86515
Albuquerque, NM:
    Friday, May 9, 5 to 8 p.m.
    Indian Pueblo Cultural Center, Silver and Turquoise Room, 2401 12th 
St. NW., Albuquerque, NM 87104

    Public meetings will be conducted in an open-house style format. 
The meeting rooms will be arranged into the following areas: (1) An 
area where attendees may view a video discussing the project and the 
Draft EIS findings; (2) an area containing informational displays where 
attendees may read and subsequently discuss the project and the Draft 
EIS findings with OSMRE representatives, the Bureau of Indian Affairs 
(BIA) and consultant personnel; (3) an area where attendees may record 
and submit written comments; and (4) an area where an OSMRE 
representative and a transcriber will record oral comments. Hopi and 
Navajo interpreters will be present at meetings on the Hopi and Navajo 
Reservations. If you require reasonable accommodation to attend one of 
the meetings, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT at least one week before the meeting.

ADDRESSES: The draft EIS is available for review at http://www.wrcc.osmre.gov/Current_Initiatives/FCNAVPRJ/FCPPEIS.shtm. Paper 
and computer compact disk (CD) copies of the Draft EIS are available 
for review at the OSMRE Western Region office, 1999 Broadway, Suite 
3320, Denver, Colorado 80202-5733. In addition, a paper and CD copy of 
the Draft EIS is also available for review at each of the following 
locations:

Navajo Nation Library--Highway 264 Loop Road, Window Rock, AZ 86515
Navajo Nation Division of Natural Resources--Executive Office Building 
1-2636, Window Rock Blvd., Window Rock, AZ 86515
Hopi Public Mobile Library--1 Main Street, Kykotsmovi, AZ 86039
Albuquerque Main Library--501 Copper Ave NW., Albuquerque, NM 87102
Cortez Public Library--202 N. Park Street, Cortez, CO 81321
Durango Public Library--1900 E. Third Ave, Durango, CO 81301
Farmington Public Library--2101 Farmington Ave, Farmington, NM 87401
Octavia Fellin Public Library--115 W. Hill Ave., Gallup, NM 87301
Shiprock Branch Library--U.S. Highway 491, Shiprock, NM 87420
Tuba City Public Library--78 Main Street, Tuba City, AZ 86045
Chinle Chapter House--Highway 191, Chinle, AZ 86503
Coalmine Canyon Chapter House--Highway 160 and Main Street, Tuba City, 
AZ 86045
Nenahnezad Chapter House--County Road 6675, Navajo Route 365, 
Fruitland, NM 87416
Shiprock Chapter House--East on Highway 64, Shiprock, NM 87420
Tiis Tsoh Sikaad Chapter House--12 miles east of U.S. 491 on Navajo 
Route 5 and \1/2\ mile south on Navajo Route 5080
Upper Fruitland Chapter House--N562 Building 006-001, North of 
Highway N36, Fruitland, NM 87416
OSMRE Albuquerque Area Office--435 Montano Road, NE., Albuquerque, NM 
87107
BIA Chinle Office--Navajo Route 7, Building 136-C, Chinle, AZ 86503

[[Page 17570]]

BIA Eastern Navajo Office--Code Talker Street, Building 222, 
Crownpoint, NM 87313
BIA Fort Defiance Office--Bonita Drive, Building 251-3, Fort Defiance, 
AZ 86504
BIA Ramah Office--HC-61, Box 14, Ramah, NM 87321
BIA Shiprock Office--Nataani Nez Complex Building, Second Floor, 
Highway 491 South, Shiprock, NM 87420
BIA Southern Pueblos Office--1001 Indian School Road, NW., Albuquerque, 
NM 87104
BIA Southern Ute Office--383 Ute Road, Building 1, Ignacio, CO 81137
BIA Ute Mountain Ute Office--Phillip Coyote Sr. Memorial Hall, 440 
Sunset Blvd., Towaoc, CO 81334
BIA Western Navajo Agency--East Highway 160 and Warrior Drive, Tuba 
City, AZ 86045

SUPPLEMENTARY INFORMATION:

I. Background on the Project
II. Background on the Four Corners Power Plant
III. Background on Pinabete Permit and the Navajo Mine Permit 
Renewal
IV. Alternatives

I. Background on the Project

    The purpose of the Project is to consider ongoing operations at the 
Four Corners Power Plant (FCPP), and on the Navajo Transitional Energy 
Company's (NTEC) Navajo Mine lease to potentially provide for long-
term, reliable, continuous, and uninterrupted base load electrical 
power to customers in the southwestern United States using a reliable 
and readily available fuel source. The Project proposes to accomplish 
this while complying with tribal trust responsibilities and trust 
policies, including, but not limited to, a preference for tribal self-
determination and promoting tribal economic development for all tribes 
affected. The Draft EIS evaluates the direct, indirect, and cumulative 
impacts of these actions at the FCPP, the proposed Pinabete Permit 
area, and the existing Navajo Mine Permit area, as well as the rights-
of-way renewals for segments of four transmission lines that transmit 
power from the FCPP.
    Cooperating agencies on the Draft EIS include: The BIA, the Bureau 
of Land Management (BLM), the U.S. Environmental Protection Agency 
(EPA), the U.S. Fish and Wildlife Service (USFWS), the National Park 
Service (NPS), the U.S. Army Corps of Engineers (USACE), the Navajo 
Nation, and the Hopi Tribe.
    The OSMRE is complying with Section 106 of the National Historic 
Preservation Act (16 U.S.C. 470f) (NHPA Section 106) as provided for in 
36 CFR 800.2(d)(3) concurrently with the NEPA process, including public 
involvement requirements and consultation with the State Historic 
Preservation Officer and Historic Preservation Officers with the tribal 
nations. Native American tribal consultations are on-going, and have 
been conducted in accordance with applicable laws, regulations, and 
Department of the Interior (DOI) policy. Federal, tribal, state, and 
local agencies, along with other stakeholders that may be interested in 
or affected by the Federal agencies' decisions on the Project, are 
invited to submit comments on the Draft EIS.
    As part of its consideration of impacts of the proposed Project on 
threatened and endangered species, the OSMRE is conducting formal 
consultation with the USFWS pursuant to Section 7 of the Endangered 
Species Act (ESA), 16 U.S.C. Sec.  1536, and its implementing 
regulations, 50 CFR part 400. This formal consultation is considering 
direct and indirect impacts from the proposed Project, including 
continued operation of the FCPP, continuing operation and maintenance 
of existing transmission lines and ancillary facilities, and all mining 
and related operations within the Navajo Mine lease.
    In addition to compliance with NEPA, NHPA Section 106, and ESA 
Section 7, all Federal actions will be in compliance with applicable 
requirements of the Indian Business Site Leasing Act, 25 U.S.C. Sec.  
415; the General Right-of-Way Act of 1948, 25 U.S.C. Sec. Sec.  323-
328; the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 
U.S.C. Sec. Sec.  1201-1328; the CWA Clean Water Act, 33 U.S.C. 
Sec. Sec.  1251-1387; the Clean Air Act, 42 U.S.C. Sec. Sec.  7401-
7671q; the Native American Graves Protection and Repatriation Act, 25 
U.S.C. Sec. Sec.  3001-3013; and Executive Orders relating to 
environmental justice, sacred sites, and tribal consultation, and other 
applicable laws and regulations.

II. Background on the Four Corners Power Plant

    The FCPP, located on Navajo tribal trust lands in New Mexico, is a 
coal-fired electric generating station which currently includes two 
units generating approximately 1,500 megawatts, and provides power to 
more than 500,000 customers. Nearly 80 percent of the employees at the 
plant are Native American. Arizona Public Service (APS) operates the 
FCPP, and recently executed a lease amendment (Lease Amendment No. 3) 
with the Navajo Nation to extend the term of the lease for the FCPP an 
additional 25 years, to 2041. Continued operation of the FCPP is 
expected to require several federal actions, including:
     Approval from the BIA of Lease Amendment No.3 for the FCPP 
plant site, pursuant to 25 U.S.C. 415. Lease Amendment No.3 has been 
signed by the Navajo Nation after Navajo Nation Council approval.
     Issuance by the BIA of renewed rights-of-way, pursuant to 
25 U.S.C. 323, for the continued operation of the FCPP plant site and 
its switchyard and ancillary facilities; for a 500 kilovolt (kV) 
transmission line and two 345 kV transmission lines; and for ancillary 
transmission line facilities, including the Moenkopi Switchyard, an 
associated 12 kV line, and an access road; (collectively the ``Existing 
Facilities''). The Existing Facilities are located on the Navajo 
Reservation, except for the 500 kV transmission line which crosses both 
Navajo and Hopi tribal lands. The Existing Facilities are already in 
place and would continue to be maintained and operated as part of the 
proposed action. No upgrades to the transmission lines or ancillary 
transmission line facilities are planned as part of the proposed 
Project.
     Issuance by the BIA of renewed rights-of-way to the Public 
Service of New Mexico (PNM) corporation for the existing 345 kV 
transmission facilities. The transmission facilities are already in 
place, and will continue to be maintained and operated as part of the 
proposed action. No upgrades to these transmission lines are planned as 
part of the proposed Project.
    In August 2012, the EPA published a Federal Implementation Plan 
(FIP) for the Best Available Retrofit Technology (BART) at FCPP (40 CFR 
Sec.  49.5512), addressing concerns with air emissions. The EPA 
approved the FIP and as a result, APS removed units 1, 2, and 3 at the 
FCPP from service in December 2013, and pollution control upgrades will 
be installed on Units 4 and 5 by 2018. Actions under the Clean Air Act, 
such as EPA's adoption of the FIP, are exempt from NEPA under federal 
law [15 U.S.C. 793(c)(1)]; however, the environmental effects of 
continued operation of FCPP, including the APS's compliance with the 
FIP, are analyzed in the Draft EIS. The ash disposal area would expand 
in future years within the current FCPP lease boundary. There is no 
proposed change to the exterior boundary of the FCPP site, the switch 
yard, or any of the transmission lines and ancillary facilities as part 
of the proposed actions.

[[Page 17571]]

III. Background on Pinabete Mine Permit and the Navajo Mine Permit 
Renewal

    Concurrent with the proposed FCPP lease amendment approval and 
renewed rights-of-way grant actions, the NTEC proposes to conduct 
surface coal mining and reclamation operations within a new 5,569-acre 
permit area, called the Pinabete permit area. This proposed permit area 
lies within the boundaries of the existing Navajo Mine lease, which is 
located adjacent to the FCPP on Navajo tribal trust lands. The NTEC 
proposes to conduct surface coal mining operations on an approximately 
2,744-acre portion of the proposed Pinabete Permit area, with a total 
disturbance footprint, including staging areas, of approximately 4,100 
acres. The proposed Pinabete permit area would, in conjunction with the 
mining of any reserves remaining within the existing Navajo Mine permit 
area (Federal SMCRA Permit NM0003F), supply low-sulfur coal to the FCPP 
at a rate of approximately 5.8 million tons per year. Development of 
the Pinabete permit area and associated coal reserves would use surface 
mining methods and, based on current projected customer needs, would 
supply coal to FCPP for up to 25 years beginning in 2016. The proposed 
Pinabete permit area would include previously permitted but undeveloped 
coal reserves within Area IV North of the Navajo Mine lease, and 
unpermitted and undeveloped coal reserves in a portion of Area IV South 
of the existing Navajo Mine lease. Approval of the proposed Pinabete 
Permit is expected to require several other agency actions, including:
     Approval by the OSMRE of the new SMCRA permit.
     Approval by the BLM of a revised Mine Plan developed for 
the proposed maximum economic recovery of coal reserves.
     Approval of a Section 404 Individual Permit by the USACE 
for the impacts to waters of the United States from proposed mining 
activities. The USACE draft decision document is included as an 
appendix to the Draft EIS. This Notice of Availability of the Draft EIS 
also provides notice of the opportunity to provide comments on the 
USACE draft decision document. Comments received by the OSMRE on the 
draft USACE decision document will be forwarded to USACE for use within 
their individual permit evaluation process.
     Approval of a new source Section 402 National Pollutant 
Discharge Elimination System (NPDES) Industrial Permit by the EPA 
associated with the mining and reclamation operations and coal 
preparation facilities.
     Approval by the BIA of a proposed realignment for 
approximately 2.8 miles of BIA 3005/Navajo Road N-5082 (Burnham Road) 
in Area IV South to avoid proposed mining areas.
     Approval or grant of permits or rights-of-way for access 
and haul roads, power supply for operations, and related facilities by 
the BIA.
    In addition, the OSMRE expects the NTEC to submit a renewal 
application in 2014 for its existing Navajo Mine SMCRA Permit No. 
NM00003F. Therefore, the Draft EIS also addresses alternatives and 
direct, indirect, and cumulative impacts of the 2014 renewal 
application action.

IV. Alternatives

    Alternatives carried forward in the Draft EIS include three 
different mine plan configurations at the Navajo Mine and two different 
ash disposal facility configurations at FCPP. Also considered were 
alternatives implementing high-wall or long-wall mining techniques at 
the Navajo Mine; conversion of FCPP to a renewable energy or natural 
gas plant; implementing carbon capture and storage at FCPP; and use of 
an off-site coal supply option for FCPP.
    Public Comment Procedures: In accordance with the CEQ's regulations 
for implementing NEPA and the DOI's NEPA regulations, the OSMRE 
solicits public comments on the Draft EIS. Comments on the Draft EIS 
may be submitted in writing or by email. At the top of your letter or 
in the subject line of your email message, indicate that the comments 
are ``FCPP and Navajo Mine Draft EIS Comments''. Email comments should 
be sent to [email protected]. Written comments should be 
mailed to Marcelo Calle, the OSMRE Western Region, 1999 Broadway, Suite 
3320, Denver, Colorado 80202-5733. Comments can also be made either in 
writing or verbally at any of the public meetings listed above. Be 
specific in your comments and indicate the chapter, page, paragraph, 
and sentence that your comment applies to.
    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.
    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--may be 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. 
Comments submitted anonymously will be accepted and considered; 
however, those who submit anonymous comments may not have standing to 
appeal the subsequent decision.
    If you would like to be placed on the mailing list to receive 
future information, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: For further information contact 
Marcelo Calle, Project Coordinator, telephone 303-293-5035; address 
1999 Broadway, Suite 3320, Denver, Colorado 80202-5733; email 
[email protected].

    Authority: 40 CFR 1506.6, 40 CFR 1506.1.

    Dated: February 25, 2014.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. 2014-06641 Filed 3-27-14; 8:45 am]
BILLING CODE 4310-05-P