[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Notices]
[Pages 77018-77019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30981]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1S SS08011000 SX064A000 167S180110; S2D2S SS08011000 SX064A000 
16XS501520]


North Cumberland Wildlife Management Area, Tennessee Lands 
Unsuitable for Mining Draft Petition Evaluation Document and 
Environmental Impact Statement OSM-EIS-37

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

ACTION: Notice of availability.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement 
(OSMRE) announces that the draft Petition Evaluation Document and 
Environmental Impact Statement (PED/EIS) for the North Cumberland 
Wildlife Management Area Petition to Find Certain Lands Unsuitable for 
Surface Coal Mining Operations is available for public review and 
comment.

DATES: Electronic or written comments: OSMRE will accept electronic or 
written comments within 45 days of the publication of this Notice in 
the Federal Register.

ADDRESSES: Comments may be submitted using any of the following 
methods:
    Electronic Comments: http://www.osmre.gov/programs/rcm/TNLUM.shtm. 
Please follow the online instructions for submitting comments.
    Mail/Hand-Delivery/Courier: Earl D. Bandy Jr., Director--Knoxville 
Field Office, Office of Surface Mining Reclamation and Enforcement, 
John J. Duncan Federal Building, 710 Locust Street, 2nd Floor 
Knoxville, Tennessee 37902.
    You may review the draft PED/EIS online at http://www.osmre.gov/programs/rcm/TNLUM.shtm. You also may review these documents in person 
at the location listed below.

FOR FURTHER INFORMATION CONTACT: Earl D. Bandy Jr., Director--Knoxville 
Field Office, Office of Surface Mining Reclamation and Enforcement, 
John J. Duncan Federal Building, 710 Locust Street, 2nd Floor, 
Knoxville, Tennessee 37902. Telephone: 865-545-4103. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On September 30, 2010, pursuant to section 522 of the Surface 
Mining Control and Reclamation Act (SMCRA), 30 U.S.C. 1272(c), the 
State of Tennessee filed a petition with OSMRE to designate certain 
lands in the state as unsuitable for surface coal mining operations. 
These lands include the area within 600 feet of all ridge lines (a 
1,200 foot corridor) lying within the North Cumberland Wildlife 
Management Area (NCWMA)--made up of the Royal Blue Wildlife Management 
Area, the Sundquist Wildlife Management Area, and the New River 
Wildlife Management Area (also known as the Brimstone Tract 
Conservation Easement)--and the Emory River Tracts Conservation 
Easement (ERTCE). The area under consideration for designation 
encompasses in total approximately 67,326 acres along 505 miles of 
ridgelines. In accordance with its responsibility to administer the 
federal coal program in Tennessee, OSMRE must process and make 
decisions on all petitions submitted to designate areas in the state as 
unsuitable for surface coal mining operations.
    The petition includes two primary allegations with numerous 
allegations of fact and supporting statements. In primary allegation 1, 
the petitioner contends that the petition area should be designated 
unsuitable for surface coal mining operations because surface coal 
mining in the area would be incompatible with existing state or local 
land use plans or programs. SMCRA 522(a)(3)(A), 30 U.S.C. 
1272(a)(3)(A). In primary allegation 2, the petitioner contends that 
the OSMRE should designate the petition area as unsuitable for surface 
coal mining operations because such operations would affect fragile or 
historic lands, resulting in significant damage to important historic, 
cultural, scientific, and aesthetic values and natural systems. SMCRA 
522(a)(3)(B), 30 U.S.C. 1272(a)(3)(B).
    The Director, OSMRE, is required to make a decision on the 
petition. The draft EIS currently considers in detail the following 
alternatives for action by the Secretary:

--Alternative 1--do not designate any of the petition area as 
unsuitable for surface coal mining operations (no-action). There would 
be no change in types of permits applications accepted for evaluation.
--Alternative 2--designate the entire petition area (67,326 acres) as 
unsuitable for all surface coal mining operations (State's proposed 
action). No types of surface mining permits applications would be 
accepted for this area.
--Alternative 3--designate the state petition area (67,326 acres) while 
allowing remining and road access (agency's preferred alternative). The 
only acceptable types of permits would be permits for remining.
--Alternative 4--grant an expanded corridor designation of 
independently-identified ridgelines within the petition area (76,133 
acres) while allowing remining and road access. The only acceptable 
types of permits would be permits for remining.
--Alternative 5--designate lands based on the presence of certain 
sensitive resources (12,331 acres). No types of surface mining permits 
would be accepted for this area.
--Alternative 6--designate a reduced corridor of 600 feet (39,106 
acres). No types of surface mining permits applications would be 
accepted for this area.

    In accordance with the applicable regulations under 30 CFR parts 
762 and 764 and the requirements of the National Environmental Policy 
Act of 1969 (NEPA), as amended, OSMRE evaluated the merits of the 
unsuitability petition and analyzed the impacts of these alternatives. 
This analysis is reflected in the draft PED/EIS.
    OSMRE has identified Alternative 3 as its preferred alternative.

[[Page 77019]]

How do I comment on the DEIS?

    In accordance with 43 CFR 46.435(a) and 40 CFR 1503.1(a)(4), the 
public is invited to provide written comments on the draft PED/EIS 
during the 45-day comment period. Please see ADDRESSES and DATES for 
more information.
    OSMRE will review and consider all comments submitted via the 
methods discussed under ADDRESSES by the close of the comment period 
(see DATES). OSMRE cannot ensure that comments received after the close 
of the comment period or at a location other than the office and Web 
site listed under ADDRESSES will be included in the docket for this 
DEIS or considered in the development of a final EIS.
    All comments should refer to a specific portion of the draft PED/
EIS (citation to the chapter, section, page, paragraph, and sentence to 
which your comment applies would be helpful), be confined to pertinent 
issues, explain the reason for any recommended change or objection, and 
include supporting data when appropriate.
    Before including your address, phone number, or other personally 
identifiable information in your comment, you should be aware that your 
entire comment--including your personally identifiable information--may 
be made publicly available at any time. While you may request in your 
comment that your personally identifiable information be withheld from 
public review, OSMRE cannot guarantee that it will be able to do so.
    In addition, a limited number of CD copies of the DEIS are 
available upon request. You may obtain a CD by contacting the person 
identified in FOR FURTHER INFORMATION CONTACT.
    If you would like to be placed on the mailing list to receive 
future information on the draft PED/EIS, please contact the person 
identified in FOR FURTHER INFORMATION CONTACT.

Public Hearings

    OSMRE will hold a series of public hearings on the draft PED/EIS. 
OSMRE representatives will provide information at each hearing. OSMRE 
will announce arrangements, specific locations, dates, and times for 
each hearing in local press releases and on the project Web site at 
http://www.osmre.gov/programs/rcm/TNLUM.shtm. If you are a disabled 
individual who needs reasonable accommodation to attend and participate 
in a public hearing, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT. A court reporter will be available at each hearing 
to record your comments if you wish to provide input in this fashion.

    Authority: 40 CFR 1506.6, 40 CFR 1506.1.

    Dated: November 20, 2015.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2015-30981 Filed 12-10-15; 8:45 am]
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