[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Notices]
[Pages 18574-18576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08869]


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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 San Juan Mine Deep Lease 
Extension Mining Plan Modification

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

ACTION: Notice of Record of Decision.

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SUMMARY: In accordance with the National Environmental Policy Act 
(NEPA) of 1969, as amended, the Office of Surface Mining Reclamation 
and Enforcement (OSMRE) has prepared a Record of Decision (ROD) for the 
Westmoreland San Juan Mining, LLC (SJCC) proposed Deep Lease Extension 
(DLE) at the existing San Juan Mine (Project) in San Juan County, New 
Mexico. This Notice of Availability (NOA) serves to notify the public 
that the ROD has been prepared and is available for review. In 
developing the ROD, the OSMRE considered the public comments received 
on the Final EIS.

ADDRESSES: You can download the ROD at the following OSMRE Western 
Region website: https://www.wrcc.osmre.gov/initiatives/sanJuanMine.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. Background on the San Juan Generating Station
III. Mining Plan Modification for the DLE
IV. Alternatives
V. Environmental Impact Analysis
VI. 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 New Mexico 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)), 
SJCC's Permit Application Package (PAP) must be reviewed by the OSMRE 
and a mining plan modification approved by the Assistant Secretary for 
Land and Minerals Management (ASLM) before SJCC may significantly 
disturb the environment in order to develop the DLE Federal Coal Lease 
Tract NM-99144. The NM Mining and Minerals Division (NM MMD) is the 
SMCRA regulatory authority principally responsible for reviewing and 
approving PAPs. Under the MLA, the 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 746.13). The NM MMD approved the PAP for the DLE on 
October 22, 1999. The ASLM first approved the mining plan modification 
for DLE Federal Coal Lease Tract NM-99144 on January 17, 2008, after 
receiving a recommendation from the OSMRE for approval that included a 
Finding of No Significant Impact signed by the OSMRE in 2007 and the 
Bureau of Land Management's (BLM) 1998 decision record on an amendment 
to the 1988 Farmington Resource Management Plan to include Federal Coal 
Lease Tract NM-99144.
    The OSMRE's NEPA analysis supporting the 2008 mining plan 
modification was challenged in the U.S. District Court of New Mexico. 
WildEarth Guardians v. U.S. Office of Surface Mining et al., Case 1:14-
cv-00112-RJ-CG (D. NM) (amended petition filed March 14, 2014). On 
August 31, 2016, the Court granted the OSMRE's Motion for Voluntary 
Remand, which remanded the matter to the OSMRE to prepare an EIS within 
3 years of the Court's order. The Final EIS available today has been 
prepared in accordance with the voluntary remand.
    The San Juan Mine has contractual obligations to deliver 
approximately 3 million tons of coal per year to the San Juan 
Generating Station (Generating Station) from 2008 through 2022. Mining 
activities within the DLE have been ongoing since the OSMRE approval in 
2008 and continue presently. Per the voluntary remand, mining 
operations within the DLE are

[[Page 18575]]

allowed to proceed during the EIS process. However, the court-approved 
voluntary remand indicated that the Secretary's approval of the 2008 
mining plan modification for the DLE would be vacated if the agency 
does not complete the required NEPA analysis in a timely manner. As a 
result, the OSMRE has prepared the Final EIS to re-evaluate its 
previous mining plan modification recommendation for this area. Among 
other information, the Final EIS considers (1) the PAP submitted to the 
OSMRE and NM MMD, and (2) new information available since the 2008 MPDD 
approval for potentially affected resources considered under direct, 
indirect, and cumulative analytical frameworks.
    The DLE underground operations use longwall mining methods 
consisting of one longwall miner and two continuous miners (i.e., 
pieces of equipment). The mine employed approximately 282 people in 
2017. The mining plan modification would not add any acres of federal 
surface lands or any acres of federal coal to the approved permit area 
but would authorize the recovery of approximately 53 million tons of 
coal from 4,464.87 acres of federal coal and would add approximately 10 
to 15 years to the life of the operation until 2033. For reasons 
discussed in sections II and III below, annual production rates of the 
mine are projected to be approximately 3 million tons per year in order 
to meet the contractual obligations with the Generating Station.
    The BLM, U.S. Environmental Protection Agency (EPA), U.S. Fish and 
Wildlife Service (USFWS), and New Mexico MMD are Cooperating Agencies 
for this NEPA process. As the NEPA analysis proceeded, the OSMRE also 
consulted with the New Mexico 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 have been completed 
in accordance with DOI policy. The OSMRE has completed the Section 106 
process and has included the final stipulations in Appendix B of the 
ROD and the stipulations will be in effect once the ROD is signed.
    As part of its consideration of impacts of the proposed Project on 
threatened and endangered species, the OSMRE initiated informal 
consultation with the USFWS on May 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. The consultation considered 
direct and indirect impacts from the proposed Project, including 
Project related coal combustion emissions from the Generating Station. 
On June 27, 2018, USFWS signed a letter concurring with the OSMRE's 
findings in its Biological Assessment, completing the consultation 
process.
    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 Clean Water Act, 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, regulations, and Executive 
Orders on topics such as Environmental Justice, Sacred Sites, and 
Tribal Consultation.

II. Background on the San Juan Generating Station

    The Generating Station, operated by the Public Service Company of 
New Mexico, is one of the largest coal-fired generating stations in the 
United States and provides power to customers in Arizona, New Mexico, 
and Utah. The Generating Station is located approximately 4 miles 
northeast of Waterflow, NM and 15 miles west of Farmington, NM. 
Pursuant to an agreement with the EPA, the Generating Station shut down 
two of the four energy generation units (Units 2 and 3) on December 19, 
2017, decreasing the power output from approximately 1,800 megawatts to 
910 megawatts (specifically, Units 2 and 3). On December 31, 2018, 
Public Service Company of New Mexico (PNM) filed for abandonment of 
their share of the San Juan Generating Station with the State of New 
Mexico. Through 2022, the continued operation of Units 1 and 4 will 
require approximately 3 million tons of coal per year to produce the 
910 megawatts.

III. Mining Plan Modification for the DLE

    SJCC's mining plan modification would continue to develop the DLE, 
Federal Lease NM-99144, within the San Juan Mine. Due to the retirement 
of energy generating Units 2 and 3 at the Generating Station, the 
annual production rate of the DLE was reduced from the previous annual 
production rate of 6 million tons to an annual production rate of 
approximately 3 million tons beginning in 2017. Federal lease NM-99144 
encompasses 4,464.87 acres and includes: Township 30, North, Range 14 
West, New Mexico Prime Meridian
    Section 17: All;
    Section 18: All;
    Section 19: All;
    Section 20: All;
    Section 29: All;
    Section 30: All; and portions of
    Section 31: (Lots 1, 2, 3, and 4).
    With the completion of the NEPA process (via publication of the 
Final EIS) and issuance of the Record of Decision, the OSMRE will 
submit a mining plan decision document to the ASLM that will recommend 
approval of the proposed mining plan modification for the continuation 
or cessation of the San Juan Mine to mine the DLE within federal coal 
lease NM-99144. The ASLM will decide whether the mining plan 
modification is approved, disapproved, or approved with conditions.

IV. Alternatives

    The OSMRE selected Alternative B, its preferred alternative, after 
consideration of all alternatives analyzed in the Final EIS. The 
analysis in the Final EIS considers direct, indirect, and cumulative 
impacts of the Proposed Action and two Alternatives. Per 40 CFR 1501.7, 
the issues raised during the scoping period (March 22-May 8, 2017) were 
used to inform the analyses and identify the alternatives considered in 
the EIS. Alternatives for the Project that were analyzed in the Final 
EIS include:
     Alternative A--Proposed Action: As described above in 
Section I, second paragraph. The Proposed Action Alternative would be 
as approved from the time of the original PAP and initial approval of 
the mining plan modification in 2008 until 2033.
     Alternative B--Continuation of San Juan Mine Operations 
Following Generating Station Shut-Down in 2022: This alternative 
assumes that that the remaining units of the Generating Station shut 
down in 2022, but that mining continues at the DLE at the same rate 
(approximately 3 million tons annually) from 2023 through 2033. After 
2023, this alternative assumes that either a new operator will purchase 
the Generating Station or the mine will send the coal to an 
unidentified coal-fired power plant(s). Without knowing the location of 
the end-use of the DLE coal, the Final EIS bounds the potential effects 
of combusting DLE coal at an unidentified power plant by relying on the 
analysis of effects at the San Juan Generating Station. Under 
Alternative B, the mining techniques would be identical to those for 
the Proposed Action.

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     Alternative C--No Action Alternative: This alternative 
assumes that the OSMRE would recommend that the ASLM disapprove the 
mining plan modification for the DLE at the San Juan Mine, the ASLM 
disapproves of the mining plan modification, and mining ceases on 
August 31, 2019. Implementation of the No Action Alternative would 
result in the discontinuation of mining activities in the DLE on August 
31, 2019, completion of all mining activities at the San Juan Mine in 
December 2019 and cessation of burning coal from San Juan Mine at the 
Generating Station approximately 6 months later. Under this 
alternative, SJCC would complete reclamation activities of all surface 
disturbance in accordance with its existing permit. Considering mining 
activities in the DLE have been ongoing since 2008 and have continued 
throughout the NEPA process, the baseline conditions for the No Action 
Alternative includes mining through August 2019.
    A wide range of additional Alternatives were considered by the 
OSMRE but not carried forward for detailed analysis in the EIS. The 
following Alternatives were not analyzed in the EIS because they either 
did not meet the purpose and need of the Project or were not considered 
technically feasible or economically feasible or

: Alternative D--``Just'' Transition Alternative
 Alternative E--Alternative Panel Alignment, Timing or Sequence
 Alternative F--Continue to Mine at a Rate of 6 Million Tons 
Per Year
 Alternative G--Modifications to Underground Mining Technique
 Alternative H--Relocation of Portal Sites
 Alternative I--Alternative Coal Combustion Residue Disposal 
Sites

V. Environmental Impact Analysis

    The Final EIS analyzes the potential environmental impacts to 16 
different resource categories, including:

 Air Quality
 Climate Change
 Geology and Soils
 Archaeology and Cultural Resources
 Water Resources and Hydrology
 Vegetation
 Wildlife and Habitats
 Special Status Species
 Land Use, Transportation, and Agriculture
 Recreation
 Social and Economic Values
 Environmental Justice
 Visual Resources
 Noise and Vibration impacts
 Hazardous and Solid Wastes
 Public Health and Safety

VI. Decision

    In consideration of the information presented above, the OSMRE 
approves the ROD and selects Alternative B (Continuation of San Juan 
Mine Operations Following Generating Station Shut-Down in 2022) as the 
Preferred Alternative as described in the FEIS (Section 2.2.2). This 
action can be implemented following approval of the MPDD by the ASLM.

    Dated: April 22, 2019.
David Berry,
Western Regional Director, OSMRE.
[FR Doc. 2019-08869 Filed 4-30-19; 8:45 am]
 BILLING CODE 4310-05-P