[Federal Register Volume 84, Number 51 (Friday, March 15, 2019)]
[Notices]
[Pages 9554-9556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04839]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1S SS08011000 SX064A000 190S180110; S2D2S SS08011000 SX064A00 
19XS501520]


Notice of Record of Decision for the West Elk Mine Mining Plan 
Modification

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

ACTION: Notice of record of decision.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement 
(OSMRE) announces its decision to adopt the U.S. Forest Service (USFS) 
Supplemental Final Environmental Impact Statement (SFEIS) for Federal 
Coal Lease Modifications COC-1362 and COC-67232 (including on-lease 
exploration plan) at the West Elk Mine located in Gunnison County, CO. 
In accordance with Section 102 of the National Environmental Policy Act 
of 1969 (``NEPA''), the Council on Environmental Quality's (``CEQ'') 
regulations implementing NEPA, and other applicable authorities, OSMRE 
has conducted an independent review and evaluation of the USFS's SFEIS 
for Federal Coal Lease Modifications COC-1362 and COC-67232 (including 
on-lease exploration plan) at the West Elk Mine dated August 2017.
    As a cooperating agency with responsibility for the Federal Lands 
Program and the preparation of mining plan decision documents for 
review by the Assistant Secretary for Land and Minerals Management 
(ASLM), OSMRE provided subject matter expertise to the USFS during the 
environmental review process. Based on its independent review and 
evaluation, OSMRE has determined the SFEIS, including all supporting 
documentation, as incorporated by reference, adequately assesses and 
discloses the environmental impacts for the mining plan modification, 
and that adoption of the 2017 SFEIS by OSMRE is authorized under 40 CFR 
1506.3, Adoption. Accordingly, OSMRE adopts the 2017 SFEIS, and takes 
full responsibility for the scope and content that addresses the 
proposed mining plan modification at West Elk Mine. Documents are 
available on OSMRE's website: https://www.wrcc.osmre.gov/westElkMine.shtm.

FOR FURTHER INFORMATION CONTACT: For further information about the 
Project, contact: Gretchen Pinkham, OSMRE Project Manager, at 303-293-
5088 or by email at [email protected]. Persons who use a 
telecommunications device for the deaf may call the Federal Information 
Relay Service (FIRS) at 1-800-877-8339 to contact the above individual 
during normal business hours. The FIRS is available 24 hours a day, 7 
days a week, to leave a message or question with the above individual. 
You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION:

I. Background on the Project
II. Alternatives
III. Environmental Impact Analysis
IV. Decision

I. Background on the Project

    As established by the Mineral Leasing Act (MLA) of 1920, the 
Surface Mining Control and Reclamation Act (SMCRA) of 1977, as amended 
(30 U.S.C. 1201-1328), and the Cooperative Agreement between the State 
of Colorado and the Secretary of the U.S. Department of the Interior 
(DOI) in accordance with Section 523(c) of SMCRA (30 U.S.C. 1273(c)), 
Mountain Coal Company's (MCC) Permit Application Package (PAP) (also 
referred to as Permit Revision 15 (PR 15)) must be reviewed by OSMRE 
and a mining plan modification approved by the Assistant Secretary for 
Land and Minerals Management (ASLM) before MCC may significantly 
disturb the environment in order to develop the Federal Coal Leases 
COC-1362 & COC-67232. The Colorado Division of Reclamation, Mining and 
Safety (CDRMS) is the SMCRA regulatory authority principally 
responsible for reviewing and approving PAPs. Under the MLA, OSMRE is 
responsible for making a recommendation to the ASLM about whether the 
proposed mining plan modification should be approved, disapproved, or 
approved with conditions (30 CFR 476.13). CDRMS approved the PAP for PR 
15 on September 4, 2018.
    It is OSMRE's decision to adopt the USFS Grand Mesa, Uncompahgre 
and Gunnison National Forests (GMUG) ``Federal Coal Lease Modifications 
COC-1362 & COC-67232 (including on-lease exploration plan)'' SFEIS 
(2017), as allowed under 40 CFR 1506.3. Consistent with the USFS 
decision, OSMRE is selecting Alternative 3, as described in the SFEIS 
(Section 2.2.3), based on the agencies consideration of: The purpose 
and need for the action; the issues; current policies and regulations; 
the analysis of alternatives contained in the SFEIS; public comments 
received and other information in the project record.
    Alternative 3 as analyzed in the SFEIS would modify existing 
Federal coal leases COC-1362 and COC-67232 by

[[Page 9555]]

adding 800 and 920 additional acres (respectively). Under Alternative 
3, the E seam would be mined containing approximately 10 million tons 
of recoverable coal. The leases would be mined using room and pillar 
development and longwall retreat mining recovery methods producing 
approximately 4.5 million tons per year and continuing mining 
operations by approximately 3 years. OSMRE received updated information 
regarding the anticipated site locations and surface disturbance 
acreage associated with PR-15 submitted to CDRMS. Under Alternative 3, 
approximately 54 acres of surface disturbance would occur on both 
Federal and private lands for the construction of mine ventilation 
boreholes (MVBs) and temporary roads.
    OSMRE consulted with the Colorado State Historic Preservation 
Officer in compliance with Section 106 of the National Historic 
Preservation Act (NHPA) of 1966, as amended (54 U.S.C. 300101-307108), 
as provided for in 36 CFR part 800.2(d)(3) and providing for public 
involvement, as required. Consultations with Native American Tribes are 
being conducted in accordance with DOI policy.
    As part of its consideration of impacts of the proposed Project on 
threatened and endangered species, OSMRE completed the Section 7 
consultation process under the Endangered Species Act and received 
concurrence from USFWS that they have no concerns on August 8, 2018, 
pursuant to Section 7 of the Endangered Species Act (ESA) of 1973, as 
amended (16 U.S.C. 1531 et seq.) and its implementing regulations.
    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 SMCRA; the CWA, 33 U.S.C. 1251-1387; the Clean Air 
Act of 1970, as amended, 42 U.S.C. 7401-7671q; the Native American 
Graves Protection and Repatriation Act of 1990, as amended, 25 U.S.C. 
3001-3013; and all applicable laws, regulation, and Executive Order on 
topics such as Environmental Justice, Sacred Sites, and Tribal 
Consultation.

III. Alternatives

    The analysis in the SFEIS considers direct, indirect, and 
cumulative impacts of the Proposed Action and two Alternatives. 
Alternatives for the Project that were analyzed in the SFEIS include:
    (a) Alternative 1--No Action Alternative: This Alternative was 
identified as the environmentally preferable Alternative. Even though 
this is the No Action Alternative, currently permitted temporary road 
and pad construction and use would continue for about ten years under 
this alternative. Most of these uses are and would continue to be in 
the Sunset Roadless Area.
    (b) Alternative 3--Preferred Alternative: Alternative 3 as analyzed 
in the SFEIS would modify existing Federal coal leases COC-1362 and 
COC- 67232 by adding 800 and 920 additional acres (respectively). Under 
Alternative 3, the E seam would be mined containing approximately 10 
million tons of recoverable coal. The leases would be mined using 
underground longwall mining techniques producing approximately 4.5 
million tons per year and continuing mining operations by approximately 
3 years (Federal and private reserves). OSMRE received updated 
information regarding the anticipated site locations and surface 
disturbance acreage associated with PR-15 submitted to CDRMS. Under 
Alternative 3, approximately 54 acres of surface disturbance would 
occur on both Federal and private lands for the construction of MVBs 
and temporary roads.
    (c) Alternative 4: Under Alternative 4, the agencies would consent 
and lease the proposed modification to COC-1362 only, while not 
consenting to proposed modification to lease COC-67232. Alternative 4 
analyzed the effects of post-lease surface activities under the 
Colorado Roadless Rule including temporary road construction in the 
Sunset Colorado Roadless Area, as described in Alternative 3 above. The 
on-lease exploration activities would remain similar to Alternative 3 
except roads would stop at the lease modification boundary.
    A wide range of additional Alternatives were considered by OSMRE 
but not carried forward for detailed analysis in the SFEIS. The 
following Alternatives were not analyzed in the SFEIS because they 
either did not meet the purpose and need of the Project or were not 
considered technically feasible or economically feasible or cost-
effective:
 Alternative 2; \1\
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    \1\ Under which the USFS would consent to and BLM would modify 
the leases with stipulations/notices/addendums above listed for the 
Action Alternatives but based on the provisions of the 2001 Roadless 
Area Conservation Rule (which is no longer in effect) road 
construction or reconstruction was prohibited. Although mining 
without construction of temporary roads may be physically possible, 
it may be limited by safety, technology, productivity, and expense 
(see SFEIS Section 2.3.1).
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 Helicopter drill Methane Drainage Wells (MDWs) in roadless 
area
 MDWs using horizontal boreholes or directional drilling 
technology
    [cir] Directionally Drill MDWs from Outside Roadless
    [cir] Use Horizontal Boreholes or Longhole Horizontal Boreholes
 Consideration of other mining methods
 Mitigate the potential Greenhouse Gas (GHG) emissions of the 
project by requiring MCC to use MDW ventilation air methane (VAM)
 Mitigate the potential GHG emissions of the project by 
requiring MCC to purchase of carbon credits or do off-set mitigations
 Mitigate the potential GHG emissions of the project by 
requiring MCC to use other potential methane mitigation measures
    [cir] Methane Capture to Power On-Site Heaters
    [cir] Methane Drainage Well Emissions Capture
    [cir] MDW Capture, Electricity Production
    [cir] MDW Capture, Sale Gas
    [cir] Flaring (MDW Emissions)
    [cir] Thermal Oxidation (VAM & MDW Emissions)
 Prevent all future disturbances from road construction, 
methane drainage well pads and the like in Roadless Areas
 Shrink the boundaries of the lease to conform to the area 
where the coal will be mined underground
 Protect values of the area by using this set of stipulations 
for the Proposed Action
    [cir] No Surface Occupancy (NSO) stipulations prohibiting road and 
MDW well pad construction within \1/4\ mile of the hiking route known 
as ``Sunset Trail,'' which traverses the lease modification, to protect 
recreational values.
    [cir] NSO stipulations prohibiting road and MDW well pad 
construction for all areas within \1/4\ mile of: (a) All lynx denning 
habitat; (b) all lynx winter foraging habitat; and (c) all lynx 
foraging habitat which is adjacent to lynx denning habitat.
    [cir] NSO stipulations prohibiting road and MDW well pad 
construction for all areas within \1/4\ mile of a water influence zone.
    [cir] NSO stipulations prohibiting road and MDW well pad 
construction for all areas within \1/2\ mile of the West Elk Wilderness 
boundary, to protect roadless, wildlife, scenic, and other values.
    [cir] NSO stipulations prohibiting road and MDW well pad 
construction within \1/4\ mile of any old growth forest to prevent 
fragmentation.
    [cir] Until the Forest Plan is amended to address new information 
about the threat of climate change, the GMUG

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should protect existing mature forest through an NSO stipulation.
    [cir] NSO stipulations prohibiting road and MDW well pad 
construction within \1/2\ mile of any raptor nest site.
    [cir] NSO stipulations prohibiting road and MDW well pad 
construction on slopes greater than 40% to protect soils and prevent 
erosion.
 For Exploration, use helicopters to transport drill rig
 For Exploration, do not consider redundant access
 For Exploration, analyze only the holes proposed to be drilled 
during the first field season

III. Environmental Impact Analysis

    The SFEIS analyzes the potential environmental impacts to 18 
different resource categories, including:
 Air Quality
 Climate Change
 Topographic and Physiographic Environment
 Geology and Soils
 Heritage Resources
 Watershed
 Vegetation
 Threatened and Endangered Species
 Sensitive Species
 Sensitive Plants
 Management Indicator Species
 Migratory Birds
 Range Resources
 Transportation System
 Roadless
 Recreation
 Socioeconomics
 Visual Resources

IV. Decision

    In consideration of the information presented above, OSMRE approves 
the Record of Decision (ROD) adopting the USFS GMUG SFEIS and selects 
Alternative 3 (Consent to and Modification of the Leases) as the 
Preferred Alternative as described in the SFEIS (Section 2.2.3). USFS 
and the BLM included lease stipulations which were outlined by each 
agency in their RODs to minimize environmental impacts. On August 10, 
2018, United States District Judge of the United States District Court 
for the District of Colorado, Philip A. Brimmer, found that the 
Agencies' decisions were affirmed in the High Country Conservation 
Advocates v. Forest Service (17-cv-03025-PAB). OSMRE understands that a 
notice of appeal has been submitted; however, the leases are in effect 
and it is appropriate for OSMRE to adopt the SFEIS. Accordingly, OSMRE 
recommends approval without conditions of the mining plan modification 
to the ASLM. This action can be implemented following approval of the 
mining plan modification by the ASLM.

    Dated: February 26, 2019.
Marcelo Calle,
Acting Regional Director, Western Region.
[FR Doc. 2019-04839 Filed 3-14-19; 8:45 am]
 BILLING CODE 4310-05-P