[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18598-18599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07886]
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DEPARTMENT OF AGRICULTURE
Forest Service
Roadless Area Conservation; National Forest System Lands in
Colorado
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare a supplemental environmental impact
statement.
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SUMMARY: The U.S. Department of Agriculture is initiating a
supplemental environmental impact statement (SEIS) to propose
reinstatement of the North Fork Coal Mining Area exception of the
Colorado Roadless Rule. The exception would allow for temporary road
construction for coal exploration and/or coal-related surface
activities in a 19,100-acre area defined as the North Fork Coal Mining
Area. The Forest Service will use the SEIS to address specific
deficiencies identified by the District Court of Colorado in High
Country Conservation Advocates v.
[[Page 18599]]
United States Forest Service (D. Colo. June 27, 2014).
DATES: Comments must be received in writing by May 22, 2015.
ADDRESSES: Comments may be submitted electronically at https://cara.ecosystem-management.org/Public/CommentInput?Project=46470. In
addition written comments can be submitted via hard-copy mail to:
Colorado Roadless Rule, 740 Simms Street, Golden, CO 80401.
All comments, including names and addresses, are placed in the
record and are available for public inspection and copying.
FOR FURTHER INFORMATION CONTACT: Ken Tu at 303-275-5156. Individuals
using telecommunication devices for the deaf (TDD) may call the Federal
Information Relay Services at 1-800-877-8339 between 8 a.m. and 8 p.m.
Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: On July 3, 2012 (77 FR 39576), the U.S.
Department of Agriculture promulgated the Colorado Roadless Rule, a
state-specific regulation for management of Colorado Roadless Areas.
This Rule addressed State-specific concerns while conserving roadless
area characteristics. One State-specific concern was to avoid
foreclosing exploration and development of coal resources on the Grand
Mesa, Uncompahgre, and Gunnison (GMUG) National Forests. The Colorado
Roadless Rule addressed this by defining a 19,100-acre area as the
North Fork Coal Mining Area, and developing an exception that allows
temporary road construction for coal-related activities within that
defined area.
In July 2013, High Country Conservation Advocates, WildEarth
Guardians, and Sierra Club challenged the Forest Service's decision to
consent to the Bureau of Land Management (BLM) modifying two existing
coal leases, the BLM's companion decision to modify the leases, BLM's
authorization of an exploration plan in the lease modification areas,
and the North Fork Coal Mining Area exception of the Colorado Roadless
Rule. In June 2014, the District Court of Colorado found the
environmental documents supporting the four decisions to be in
violation of the National Environmental Policy Act (NEPA) due to
analysis deficiencies. In September 2014, the District Court of
Colorado vacated the lease modifications, the exploration plan, and the
North Fork Coal Mining Area exception of the Colorado Roadless Rule (36
CFR 294.43(c)(1)(ix)).
This supplemental NEPA process will only address the Colorado
Roadless Rule. The lease modifications and exploration plan
authorization will be addressed in future environmental analyses, if
needed.
Purpose and Need
The purpose and need for this supplemental EIS is to provide
management direction for conserving roadless characteristics within the
area while addressing the State interest in not foreclosing exploration
and development of the coal resources in the North Fork Coal Mining
Area.
Proposed Action
The proposed action for the Colorado Roadless Rule supplemental is
to reinstate the North Fork Coal Mining Area exception as written in 36
CFR 294.43(c)(1)(ix). In addition, the Forest Service is proposing to
administratively correct the North Fork Coal Mining Area boundary to
remedy clerical errors.
Alternative to the Proposed Action
The other alternative being considered is the no-action
alternative, which is the continuation of current management following
the District Court ruling to vacate the North Fork Coal Mining Area
exception. The Colorado Roadless Rule contains a severability clause
(36 CFR 294.48(f)), which allows the rest of the Rule to remain in
effect. Therefore, the District Court of Colorado's ruling only changed
management of Colorado Roadless Areas in the North Fork Coal Mining
Area. Currently, the North Fork Coal Mining Area is being managed the
same as other non-upper tier Colorado Roadless Areas. Valid existing
coal leases would operate according the terms of their leases.
Cooperating Agencies
The Colorado Department of Natural Resources and the BLM will
participate as cooperating agencies in the preparation of the SEIS.
Responsible Official
The Responsible Official for the rulemaking and SEIS is the
Secretary of Agriculture or his designee.
Decision To Be Made
The Responsible Official will determine whether to reinstate the
North Fork Coal Mining Area exception, or continue to manage the area
without the exception. In addition, the Forest Service will determine
if corrections to the North Fork Coal Mining Area boundary should be
made to adjust for clerical errors.
Scoping Process
The Forest Service is seeking public comments for 45 days from the
publication date of this notice. Comments should be limited to issues
related to the proposed action, which is limited only to reinstating
the North Fork Coal Mining Area exception of the Colorado Roadless
Rule. The Forest Service is not seeking comments on the other portions
of the Colorado Roadless Rule, roadless area boundary modifications, or
other roadless areas in Colorado.
Due to the extensive public participation process that occurred
with the development of the Colorado Roadless Rule, no public meetings
are planned for this 45 day scoping effort. However, public meetings
may be held in Denver and Paonia, Colorado after the release of the
Supplemental Draft Environmental Impact Statement (SDEIS) and proposed
rule.
Estimated Timeline
The SDEIS and proposed rule is estimated to be released in early
fall 2015. The Supplemental Final EIS is estimated spring 2016.
Brian Ferebee,
Deputy Regional Forester, Rocky Mountain Region.
[FR Doc. 2015-07886 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 3410-11-P