[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Notices]
[Pages 43116-43118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17881]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1S SS08011000 SX064A000 156S180110; S2D2S SS08011000 SX064A000 
15XS501520]


Final Four Corners Power Plant and Navajo Mine Energy Project; 
Record of Decision.

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

ACTION: Notice of Availability; Record of Decision.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE) are announcing that the Record of Decision (ROD) for the Four 
Corners Power Plant (FCPP) and Navajo Mine Energy Project is available 
for public review. The Deputy Secretary for the Department of the 
Interior, Director of OSMRE, Director of the Bureau of Indian Affairs 
(BIA) and the Director of the Bureau of Land Management (BLM) signed 
the ROD on [July 15, 2015], which constitutes the final decision of the 
Department.

ADDRESSES: You may review the ROD online via OSMRE's Web site at: 
http://www.wrcc.osmre.gov/Current_Initiatives/FCNAVPRJ/FCPPEIS.shtm. 
Copies of the ROD are available to the public at the OSMRE's Western 
Region office, located at 1999 Broadway, Suite 3320, Denver, Colorado 
80202-5733. Paper and CD copies of the ROD are also available at 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
BLM Rio Puerco Field Office--435 Montano Road, NE., Albuquerque, NM 
87107
BIA Navajo Region--301 West Hill Street, Gallup, NM 87301
BIA Chinle Office--Navajo Route 7, Building 136-C, Chinle, AZ 86503
BIA Eastern Navajo Office--Highland Road 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

    In addition, a limited number of CD copies of the FEIS have been 
prepared and are available upon request. Because of the time and 
expense in producing and mailing CD and paper copies, OSMRE requests 
that the public review the Internet or publicly available copies, if 
possible. You may obtain a CD by contacting the person identified in 
FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: For further information contact Mychal 
Yellowman, Project Coordinator, telephone: 303-293-5049; address: 1999 
Broadway, Suite 3320, Denver, Colorado 80202-5733; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

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

I. Background on the Project

    The purpose of the Proposed Action is to allow continued operations 
of the FCPP and Navajo Mine and operation of the associated 
transmission lines. The Proposed Action would be consistent with 
federal Indian trust policies, including, but not limited to, a 
preference for tribal self-determination and promoting tribal economic 
development for all tribes affected by the Proposed Action. The Final 
Environmental Impact Statement (FEIS) evaluates the direct, indirect, 
and cumulative impacts of the Proposed Action at the FCPP, the proposed 
Pinabete Permit area, the existing Navajo Mine Permit area, and the 
rights-of-way renewals for segments of four transmission lines that 
transmit power from the FCPP. The public may view information about the 
Proposed Action on OSMRE's Web site at: http://www.wrcc.osmre.gov/Current_Initiatives/FCNAVPRJ/FCPPEIS.shtm.
    Cooperating agencies for this National Environmental Policy Act 
(NEPA) process include: The Bureau of Indian Affairs (BIA), the Bureau 
of Land Management (BLM), the U.S. Environmental Protection Agency 
(USEPA), 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.
    OSMRE complied with Section 106 of the National Historic 
Preservation Act (54 U.S.C. 300101 et seq.) (NHPA Section 106) as 
provided for in 36 CFR 800.2(d)(3) concurrent with the NEPA process, 
including public involvement requirements and consultation with the 
State Historic Preservation Officer and

[[Page 43117]]

Tribal Historic Preservation Officer. Consultation with Tribes and 
individual Native Americans were conducted in accordance with 
applicable laws, regulations, and Department of the Interior (DOI) 
trust policy as summarized in the FEIS. Consultation is complete and 
Programmatic Agreements have been signed by the consulting parties. 
These agreements are included as attachments to the FEIS.
    OSMRE also conducted formal consultation with the USFWS pursuant to 
Section 7 of the Endangered Species Act (ESA; 16 U.S.C. 1536) and 
associated implementing regulations (50 CFR part 400). This formal 
consultation considered direct, indirect, and cumulative effects from 
the Proposed Action, and USFWS prepared a Biological Opinion which is 
included as an attachment to the FEIS.
    Federal actions related to FCPP and Navajo Mine Energy Project will 
comply with all applicable laws and regulations, including: The Indian 
Business Site Leasing Act, 25 U.S.C. 415; the General Right-of-Way Act 
of 1948, 25 U.S.C. 323-328; the Surface Mining Control and Reclamation 
Act of 1977 (SMCRA), 30 U.S.C. 1201-1328; the Clean Water Act, 33 
U.S.C. 1251-1387; the Clean Air Act, 42 U.S.C. 7401-7671q; the Native 
American Graves Protection and Repatriation Act, 25 U.S.C. 3001-3013; 
and Executive Orders relating to Environmental Justice, Sacred Sites, 
and Government-to-Government Consultation.

II. Background on Lease Amendment No. 3 at the Four Corners Power Plant

    The FCPP is a coal-fired electric generating station located on 
Navajo tribal trust lands. FCPP currently includes two energy 
generation units producing approximately 1,500 megawatts, and provides 
power to more than 500,000 customers throughout the southwestern U.S. 
Nearly 80 percent of the employees at the plant are Native American. 
Arizona Public Service (APS) operates the FCPP and executed a lease 
amendment (Lease Amendment No. 3) with the Navajo Nation to extend the 
term of the FCPP lease for an additional 25 years, to 2041. Continued 
operation of the FCPP would require several federal actions, including:
     BIA approval of Lease Amendment No.3 for the FCPP, 
pursuant to 25 U.S.C. 415. As approved, the ash disposal area would be 
expanded within the existing FCPP lease area. There are no additional 
proposed changes to the FCPP, the switch yard, or any of the 
transmission lines and ancillary facilities, as part of the Proposed 
Action.
     BIA issuance of renewed rights-of-way, pursuant to 25 
U.S.C. 323, for the continued operation of the FCPP, 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''). 
These existing facilities are located on Navajo tribal trust lands, 
except for the 500 kV transmission line, which crosses both Navajo and 
Hopi tribal trust lands. The Proposed Action would continue operation 
and maintenance of these facilities. No upgrades to the existing 
facilities are part of the Proposed Action.
     BIA issuance of renewed rights-of-way to the Public 
Service of New Mexico (PNM) for the existing 345 kV transmission line. 
The transmission line will continue to be maintained and operated as 
part of the Proposed Action. No upgrades to this transmission line are 
planned as part of the Proposed Action.
    In August 2012, the USEPA published its Federal Implementation Plan 
(FIP) for the Best Available Retrofit Technology (BART) at FCPP (40 CFR 
49.5512). As a result, APS decommissioned Units 1, 2, and 3 at the FCPP 
in December 2013, and will install selective catalytic reduction 
equipment on Units 4 and 5 by 2018.

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

    NTEC proposes to conduct surface coal mining operations within a 
new 5,659-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. Surface mining operations would occur 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 would require several federal actions, including:
     OSMRE approval of the new SMCRA permit.
     BLM approval of a revised Mine Plan developed for the 
proposed maximum economic recovery of coal reserves.
     USACE approval of a Section 404 Individual Permit for 
impacts to waters of the United States from proposed mining activities.
     USEPA approval of a new source Section 402 National 
Pollutant Discharge Elimination System (NPDES) Industrial Permit 
associated with the mining and reclamation operations and coal 
preparation facilities.
     BIA approval 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. This realignment would not be 
needed until 2022; however, the potential impacts of this realignment 
are analyzed in the FEIS.
     BIA approval or grant of permits or rights-of-way for 
access and haul roads, power supply for operations, and related 
facilities.
    In addition, in 2014, OSMRE administratively delayed its decision 
on NTEC's renewal application for its existing Navajo Mine SMCRA Permit 
No. NM00003F. The EIS, therefore, also addresses alternatives and 
direct, indirect, and cumulative impacts of the 2014 renewal 
application action.

IV. Alternatives

    Alternatives considered in the EIS include three different mine 
plan configurations at Navajo Mine; implementing highwall or longwall 
mining techniques at the Navajo Mine; two different ash disposal 
facility configurations at FCPP; conversion of FCPP to a renewable 
energy plant; implementing carbon capture and storage at FCPP; and use 
of an off-site coal supply option for FCPP.

V. Revisions to the Draft EIS

    In accordance with the CEQ's regulations for implementing NEPA and 
the DOI's NEPA regulations, OSMRE solicited public comments on the 
Draft EIS. OSMRE responses to comments are included in Appendix F of 
the FEIS. Comments on the Draft EIS received from the public were 
considered and incorporated as appropriate into the

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FEIS. Public comments resulted in the addition of clarifying text, but 
did not change any of the impact analyses or significance 
determinations.
    In addition, the FEIS includes updates based on evolving regulatory 
guidance and completion of the Section 106 and Section 7 consultation 
processes.
    The EPA published the Notice of Availability of the Final 
Environmental Impact Statement in the Federal Register by the OSMRE (80 
FR 24965) on May 1, 2015. Printed and CD copies of the Draft EIS and 
Final EIS are available at the same locations as listed in ADDRESSES 
above. The ROD conditions OSMRE, BIA and BLM's approval on all 
mitigation measures identified in the Final EIS and additional 
mitigation measures identified in the Final Biological Opinion and the 
ROD.
    Because BIA's and BLM's decision is approved by the Secretary of 
the Interior, it is not subject to administrative appeal in accordance 
with the regulations at 43 CFR 4.410(a)(3). Any challenges to BIA & 
BLM's decisions, must be brought in federal district court. OSMRE's 
decisions may be appealed by a person with an interest which is or may 
be adversely affected under the procedures set forth in 30 CFR 775 and 
43 CFR part 4.

    Authority: 40 CFR 1506.6, 40 CFR 1506.10

    Dated: July 15, 2015.
Joseph G. Pizarchik,
Director, Office of Surface Mining Reclamation and Enforcement.
[FR Doc. 2015-17881 Filed 7-20-15; 8:45 am]
 BILLING CODE 4310-05P