[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Notices]
[Pages 75146-75147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25868]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1S SS08011000 SX064A000 178S180110; S2D2S SS08011000 SX064A000 
17XS501520]


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

AGENCY: Office of Surface Mining Reclamation and Enforcement.

ACTION: Notice of availability; final environmental impact statement.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement 
(OSMRE) announces that the final 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: The OSMRE will not issue a final decision of the proposal for a 
minimum of 30 days after the date that the Environmental Protection 
Agency publishes the Notice of Availability in the Federal Register.

ADDRESSES: Copies of the Final PED/EIS for the Project may be viewed 
online at http://www.osmre.gov/programs/rcm/TNLUM.shtm. In addition, a 
limited number of CD copies of the Final PED/EIS are available upon 
request. You may obtain a CD by contacting the person identified in FOR 
FURTHER INFORMATION CONTACT.

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 ext. 186. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On September 30, 2010, pursuant to the Surface Mining Control and 
Reclamation Act, 30 U.S.C. 1272 (c) (SMCRA), the State of Tennessee 
filed a petition with the Office of Surface Mining and Reclamation and 
Enforcement (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)--comprised 
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), encompassing approximately 67,326 
acres and 505 miles of ridgelines. In Tennessee, OSMRE has operated a 
Federal regulatory program as the primary regulator under SMCRA since 
October 1984, when the state repealed its surface mining law; 
therefore, in accordance with its responsibility in administering the 
Federal program in Tennessee, the 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 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 Final PED/EIS considers in detail the following 
alternatives for action by the Director:
     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 permit 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 permit applications would 
be accepted for this area.
     Alternative 3--designate the state petition area (67,326 
acres) as unsuitable for surface coal mining operations that are not 
remining. Under this alternative, remining could continue to be 
permitted on a case-by-case basis. 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) as unsuitable for surface coal mining operations that are not 
remining (agency's preferred alternative). Under this alternative, 
remining could continue to be permitted on a case-by-case basis. The 
only acceptable types of permits would be permits for remining.
     Alternative 5--designate lands as unsuitable for surface 
coal mining 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 would be accepted 
for this area.

[[Page 75147]]

    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 Final PED/EIS, which notes the 
potential impacts of the project and alternatives on earth resources 
(geology, topography and physiography), air quality and greenhouse 
gases, groundwater, surface water, wetlands, vegetation, fish and 
wildlife including special status species, land use, aesthetics 
including visual resources and soundscapes, socioeconomics and 
environmental justice, cultural resources including archaeological, 
historic and ethnographic resources, and public health and safety. 
Mitigation measures to be included as part of project implementation 
will be noted in the final decision.
    In accordance with Department of the Interior regulations (43 CFR 
46.425), OSMRE identified Alternative 3 as the preferred alternative in 
the Draft EIS. However, based on public and agency comments, as well as 
the state's input, OSMRE has now identified alternative 4 as the 
preferred alternative because it is the most consistent with the 
state's request. OSMRE reached that decision based on its analysis and 
conclusion that the ``agency's preferred alternative'' is the 
alternative the agency believes would best accomplish the purpose of 
and need for action, and fulfill its statutory mission and 
responsibilities, while still giving consideration to economic, 
environmental, technical, and other factors. Alternative 4 is also the 
environmentally preferred alternative because of its long-term 
environmental benefits.
    The OSMRE will prepare a Record of Decision (ROD) for the proposed 
petition after a 30-day period following publication of the NOA.

    Authority: 40 CFR 1506.6, 40 CFR 1506.1.

    Dated: October 7, 2016.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2016-25868 Filed 10-27-16; 8:45 am]
 BILLING CODE 4310-05-P