[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Notices]
[Pages 31095-31097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13778]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

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


Notice of Record of Decision for the Western Energy Company's 
Rosebud Mine Area F Final Environmental Impact Statement

AGENCY: Office of Surface Mining Reclamation and Enforcement, U.S. 
Department of the 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 
Final Environmental Impact Statement (EIS) for the Western Energy 
Company's Rosebud Mine Area F (Project) in southeastern Montana. This 
Notice of Availability (NOA) serves to notify the public that OSMRE has 
prepared the ROD and it 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/westernEnergy/documentLibrary.shtm.

FOR FURTHER INFORMATION CONTACT: Logan Sholar, OSMRE Project 
Coordinator; Telephone: 303-293-5036; Address: 1999 Broadway Street, 
Suite 3320, Denver, Colorado 80202-3050; email: [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 Rosebud Mine
III. Background on Rosebud Mine Area F
IV. Alternatives
V. Environmental Impact Analysis
VI. Decision

[[Page 31096]]

I. Background on the Project

    The purpose of the Project is to consider continued operations at 
the Rosebud Mine by permitting and developing a new surface mine permit 
area, known as permit Area F. Western Energy submitted a permit 
application package to the Montana Department of Environmental Quality 
(DEQ) for the proposed 6,746-acre permit Area F (also referred to as 
the project area) at the Rosebud Mine, which is an existing 25,455-acre 
surface coal mine annually producing 8.0 to 10.25 million tons of low-
sulfur subbituminous coal. The DEQ is the regulatory authority for 
permitting actions involving Federal coal in Montana. See 30 CFR 
926.10. If the Federal mining plan for the Project is approved as 
proposed, at the current rate of production, the operational life of 
the Rosebud Mine would be extended by 8 years. Mining operations in the 
project area, which would commence after all permits and approvals have 
been secured and a reclamation and performance bond has been posted, 
would last 19 years. Approximately 68.5 million tons of private and 
Federal recoverable coal reserves exist in the project area and would 
be removed during the 19-year operations period. As with other permit 
areas of the Rosebud Mine, all coal would be combusted locally at the 
Colstrip and Rosebud Power Plants.
    Western Energy obtained a surface coal mine operating permit from 
DEQ (pursuant to the Montana Strip and Underground Mine Reclamation Act 
(MSUMRA), Section 82-4-221 et seq., Montana Code Annotated) on April 
18, 2019. Federal approval of the mining plan is required to mine 
leased Federal coal in accordance with the Mineral Leasing Act of 1920 
as Amended for the proposed project area to access additional coal 
reserves in Federal coal lease M82186 and in privately held leases G-
002 and G-002-A. OSMRE's purpose for the Project is to review the 
mining plan and make a recommendation to the Assistant Secretary for 
Land and Minerals Management (ASLM) in the form of a mining plan 
decision document to approve, disapprove, or approve with conditions, 
the proposed mining plan for the Project (30 CFR 746). The ASLM will 
decide whether the mining plan is approved, disapproved, or approved 
with conditions.
    The Final EIS considered three alternatives and evaluated the 
direct, indirect, and cumulative effects of the Proposed Action and the 
other two alternatives on the environment. The Final EIS was published 
on November 30, 2018 followed by a 30-day waiting period after which 
OSMRE is able to publish the Record of Decision establishing the 
agency's selected alternative.
    OSMRE is complied with Section 106 of the National Historic 
Preservation Act (NHPA Section 106)(16 U.S.C. 470f), as provided in 36 
CFR 800.2(d)(3), concurrently with the NEPA process, including public 
involvement requirements and consultation with the State Historic 
Preservation Officer and Historic Preservation Officers of Tribal 
nations. Native American Tribal consultations are ongoing and have been 
conducted in accordance with applicable laws, regulations, and U.S. 
Department of the Interior (DOI) policy.
    As part of its consideration of the proposed Project's impacts on 
threatened and endangered species, OSMRE conducted informal 
consultation as well as streamlined consultation per the final 4(d) 
rule for the northern long-eared bat with the U.S. Fish and Wildlife 
Service pursuant to Section 7 of the Endangered Species Act (ESA)(16 
U.S.C. 1536), and its implementing regulations, as provided in 50 CFR 
400. The Section 7 consultation considered direct and indirect impacts 
from the proposed Project, including mining and related operations in 
the project area and continued operation of the Colstrip and Rosebud 
Power Plants.
    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 Surface Mining Control and Reclamation Act of 1977 
(30 U.S.C. 1021-1328), the Clean Water Act (33 U.S.C. 1251-1387), the 
Clean Air Act (42 U.S.C. 7401-7671q), and Executive Orders relating to 
environmental justice, Tribal consultation, and other applicable laws 
and regulations.

II. Background on the Rosebud Mine

    Coal has been mined at Colstrip, MT for more than 90 years. The 
Northern Pacific Railway established the city of Colstrip and its 
associated mine in the 1920s to access coal from the Fort Union 
Formation. Coal mining began in 1924, providing fuel for the railway's 
steam locomotive trains. During the initial 34 years of mining, 44 
million tons of coal were mined. By 1958, diesel-powered locomotives 
replaced steam engines and mining ceased in the Colstrip area.
    In 1959, the Montana Power Company purchased rights to the Rosebud 
Mine in the city of Colstrip with plans to build power generation 
facilities. The Rosebud Mine operation began production in 1968. In 
2001, Westmoreland purchased the Rosebud Mine; its subsidiary, Western 
Energy, continues to operate the mine today. Although the Rosebud Mine 
has shipped coal by rail as recently as 2010, all coal currently 
produced by the mine is consumed locally at the Colstrip and Rosebud 
Power Plants.

III. Background on the Western Energy Proposed Permit Area F

    Western Energy proposes to conduct surface coal mining and 
reclamation operations within the 6,746-acre proposed permit Area F of 
the Rosebud Mine. The project area would be adjacent to the western 
boundary of Area C, 12 miles west of Colstrip. Western Energy proposes 
to conduct surface coal mining operations on an approximately 2,085-
acre portion of the project area, with a total disturbance footprint, 
including soil storage, scoria pits, and haul roads, of approximately 
4,260 acres. The project area would, in conjunction with the mining of 
any reserves remaining within existing permit areas A, B, and C of the 
Rosebud Mine, supply low-sulfur coal to the Colstrip Power Plant (Units 
3 and 4) at a rate of between 7.7 and 9.95 million tons annually. In 
addition, coal from the Rosebud Mine with higher sulfur content would 
be supplied to the Rosebud Power Plant at a rate of approximately 
300,000 tons annually.
    Approval of the proposed permit Area F is expected to require 
several other agency actions, including:
     Findings and recommendations by BLM with respect to 
Western Energy's Resource Recovery and Protection Plan and other 
requirements of Western Energy's lease.
     Approval by DEQ of Western Energy's Montana Air Quality 
Permit #1570-07 to allow expansion of the geographic extent of the mine 
to include the proposed permit Area F; and
     Approval by DEQ of a new MPDES permit.

IV. Alternatives

    Alternatives carried forward in the Final EIS included the No 
Action Alternative (Alternative 1), the Proposed Action Alternative 
(Alternative 2), and the Proposed Action Plus Additional Environmental 
Protection Measures Alternative (Alternative 3). Several other 
alternatives were considered by OSMRE but not carried forward for 
detailed analysis in the Final EIS because they either did not meet the 
purpose and need of the Project or were not considered technically or 
economically feasible or cost-effective.

[[Page 31097]]

    OSMRE selected Alternative 2, in part, as 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 (August 27-
November 8, 2013) were used to inform the analyses and identify the 
alternatives considered in the EIS.

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

    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 Final EIS. The agencies considered comments received from the 
public on the Draft EIS and incorporated them, as appropriate, into the 
Final EIS.

VI. Decision

    In consideration of the information presented above, OSMRE approves 
the ROD and selects Alternative 2 (the Proposed Action), in part, as 
described in the ROD (Section 3.2). This action can be implemented 
following approval of the mining plan by the ASLM.

    Authority: 40 CFR 1506.6, 40 CFR 1506.1.

    Dated: June 18, 2019.
David Berry,
Regional Director, Regions 5, 7, 8, 9, 10 and 11.
[FR Doc. 2019-13778 Filed 6-27-19; 8:45 am]
BILLING CODE 4310-05-P