Notice2024-07846
Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Skyline Mine Little Eccles Lease by Application in Emery County and Flat Canyon Lease Modification in Sanpete County, Utah
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Published
April 15, 2024
Issuing agencies
Interior DepartmentLand Management BureauAgriculture DepartmentForest Service
Abstract
In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), the Federal Land Policy and Management Act of 1976, as amended (FLPMA), the National Forest Management Act of 1976 (NFMA), and the Mineral Leasing Act of 1920, as amended (MLA), the Bureau of Land Management (BLM) Price Field Office, and U.S. Department of Agriculture Forest Service (USDA Forest Service) Manti-La Sal National Forest, as co-lead agencies, intend to prepare an Environmental Impact Statement (EIS) in response to a Lease by Application (LBA) for the Little Eccles Federal Coal Lease Tract (UTU- 92226) of 120 acres and a Lease Modification Application (LMA) to add 640 acres to the Flat Canyon Lease Tract (UTU-77114). This notice is announcing the beginning of the scoping process to solicit public comments and identify issues. The EIS will evaluate potential impacts of leasing and underground mining of Federal coal reserves contained in both lease tracts.
Full Text
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<title>Federal Register, Volume 89 Issue 73 (Monday, April 15, 2024)</title>
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[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26184-26186]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07846]
[[Page 26184]]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
DEPARTMENT OF AGRICULTURE
Forest Service
[BLM_FRN_MO4500176455]
Notice of Intent To Prepare an Environmental Impact Statement for
the Proposed Skyline Mine Little Eccles Lease by Application in Emery
County and Flat Canyon Lease Modification in Sanpete County, Utah
AGENCY: Bureau of Land Management, Interior, USDA Forest Service,
Agriculture.
ACTION: Notice of intent.
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SUMMARY: In compliance with the National Environmental Policy Act of
1969, as amended (NEPA), the Federal Land Policy and Management Act of
1976, as amended (FLPMA), the National Forest Management Act of 1976
(NFMA), and the Mineral Leasing Act of 1920, as amended (MLA), the
Bureau of Land Management (BLM) Price Field Office, and U.S. Department
of Agriculture Forest Service (USDA Forest Service) Manti-La Sal
National Forest, as co-lead agencies, intend to prepare an
Environmental Impact Statement (EIS) in response to a Lease by
Application (LBA) for the Little Eccles Federal Coal Lease Tract (UTU-
92226) of 120 acres and a Lease Modification Application (LMA) to add
640 acres to the Flat Canyon Lease Tract (UTU-77114). This notice is
announcing the beginning of the scoping process to solicit public
comments and identify issues. The EIS will evaluate potential impacts
of leasing and underground mining of Federal coal reserves contained in
both lease tracts.
DATES: This notice initiates the public-scoping process for the EIS.
The lead agencies request that the public submit comments concerning
the scope of the analysis, potential alternatives, and identification
of relevant information, and studies by May 30, 2024. To afford the
lead agencies the opportunity to consider comments in the Draft EIS,
please ensure your comments are received prior to the close of the 45-
day scoping period or 15 days after the last public meeting, whichever
is later.
ADDRESSES: You may submit comments related to the Skyline Mine Little
Eccles LBA and Flat Canyon LMA by the following methods:
<bullet> Website: <a href="https://eplanning.blm.gov/eplanning-ui/project/2015277/510">https://eplanning.blm.gov/eplanning-ui/project/2015277/510</a>
<bullet> Mail: Bureau of Land Management, Skyline Mine Little Eccles
Lease by Application and Flat Canyon Lease Modification, 125 South 600
West, Price, Utah 84501
Documents pertinent to this proposal may be examined online at
<a href="https://eplanning.blm.gov/eplanning-ui/project/2015277/510">https://eplanning.blm.gov/eplanning-ui/project/2015277/510</a>, <a href="https://www.fs.usda.gov/sopa/forest-level.php?110410">https://www.fs.usda.gov/sopa/forest-level.php?110410</a>, and at the BLM Price
Field Office: 125 South 600 West, Price, Utah 84501.
FOR FURTHER INFORMATION CONTACT: Erika Tobin, BLM Green River District
Mining Engineer, telephone 435-636-3605, address 125 South 600 West,
Price, Utah 84501. Contact Ms. Tobin to have your name added to our
mailing list. Individuals in the United States who are deaf, deafblind,
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services for contacting
Ms. Tobin. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: Canyon Fuel Company, LLC (hereafter ``the
Applicant''), submitted two coal lease applications to the BLM Price
Field Office on June 10, 2019. One is an LBA for the Little Eccles
Federal Coal Lease Tract of 120 acres in T. 14 S., R. 6 E., SLM, Emery
County, Utah sec. 10: SE\1/4\. The other is an LMA for the existing
Flat Canyon Lease Tract to add 640 acres in T. 14 S., R. 5 E., SLM,
Sanpete County, Utah sec. 9. Both tracts are adjacent to the existing
Skyline Mine which has been in operation since 1981. The surface estate
of the lease tracts is administered by the USDA Forest Service Manti-La
Sal National Forest. The mineral estate (coal) is administered by the
BLM Price Field Office. The BLM and USDA Forest Service, as Federal
defendants in WildEarth Guardians v. Haaland (2:16-cv-00168) (D. Utah),
have a responsibility under the Settlement Agreement filed March 8,
2023, to prepare an EIS and issue a decision to lease or to forgo
leasing of the coal reserves in the Little Eccles Federal Coal Lease
Tract and to modify or forgo lease modification of the Flat Canyon
Federal Coal Lease Tract.
Purpose and Need for the Proposed Action
The purpose of the BLM and USDA Forest Service actions is to
respond to: (1) the Applicant's LBA to competitively lease up to 120
acres and approximately 2.2 million tons of recoverable coal contained
in the Little Eccles Federal Coal Lease Tract and (2) the Applicant's
LMA for the existing Flat Canyon Federal Coal Lease Tract to increase
the tract acreage by up to 640 acres and approximately 8.6 million tons
of recoverable coal.
The need for the BLM action is established by the MLA sec. 2 and 3
(30 U.S.C. 201 and 203) and its implementing regulations (43 CFR 3432
and 3425), as amended by the Federal Coal Leasing Amendments Act of
1976, and the FLPMA sec. 102. (43 U.S.C. 1701).
The need for the USDA Forest Service action is to respond to
requests for consent to coal leasing pursuant to the MLA, as amended.
Preliminary Proposed Action and Alternatives
Under the No Action alternative, the BLM would deny the LBA to
lease the Little Eccles Federal Coal Lease Tract and LMA to modify the
existing Flat Canyon Lease Tract. Under this alternative, none of the
estimated 10.8 million tons of Federal coal would be leased and
extraction of Federal coal within the lease tracts would not occur.
There are an estimated 13.6 million tons of privately-owned coal
contained in tracts abutting the Federal lease tracts. Under the No
Action Alternative, it is reasonably foreseeable that approximately 8
million tons of privately-owned coal not subject to Federal decisions
would be mined. However, the remaining 5.6 million tons of privately-
owned coal would not be feasible to extract.
Under the Proposed Action alternative, the BLM would offer for
competitive leasing the Little Eccles Federal Coal Lease Tract (UTU-
92226; 120 acres) containing an estimated 2.2 million tons of
recoverable coal and authorize the Applicant's requested non-
competitive lease modification to add 640 acres and an estimated 8.6
million tons of recoverable coal to the Flat Canyon Lease Tract (UTU-
77114). The USDA Forest Service, Manti-La Sal National Forest would
consent to leasing both tracts of Federal coal. Leasing the Federal
coal contained in the Little Eccles Federal Coal Lease Tract and the
modified Flat Canyon Lease Tract would allow the Applicant to recover
the full quantity of the estimated 13.6 million tons of privately-owned
coal abutting the Federal lease tracts.
Under the Proposed Action the Federal coal leases would be subject
to standard lease terms and conditions. In addition, as part of the
NEPA process
[[Page 26185]]
the BLM and USDA Forest Service may identify stipulations to address
impacts to non-mineral interests and these stipulations may be included
in the applicable decision(s) and attached to the applicable lease(s).
Other alternatives to be considered in the EIS are expected to be
variations of tract configuration based on resource issues identified
through the scoping process. The lead agencies welcome comments on all
preliminary alternatives as well as suggestions for additional
alternatives.
Summary of Expected Impacts
The effects of leasing and anticipated development under the
Proposed Action are expected to include mining-induced subsidence and
seismicity and hydrological effects (surface water and groundwater).
Greenhouse gas emissions and air pollutant emissions are also expected
to occur, including indirect effects associated with transportation and
combustion of mined coal.
Anticipated Permits and Authorizations
The Applicant would need BLM approval of the LBA and/or LMA. In
addition, should the LBA be approved, the Applicant would need a
Resource Recovery Protection Plan for the Little Eccles Lease Tract
prepared by the BLM which would establish the terms to achieve Maximum
Economic Recovery (MER) as required by 43 CFR 3422.1. The Applicant
would also need a mining permit and/or permit modification from Utah
Division of Oil, Gas and Mining (UDOGM). Finally, a mining plan
decision document prepared by the Office of Surface Mining Reclamation
and Enforcement (OSMRE) would need approval from the Assistant
Secretary for Land and Minerals Management before the Applicant could
mine the LBA and/or LMA.
Schedule for the Decision-Making Process
The lead agencies will provide additional opportunities for public
participation consistent with the NEPA process, including a 45-day
comment period on the Draft EIS. Comment meeting(s) on the Draft EIS
will be held concurrently with the MER and Fair Market Value hearing.
The Draft EIS is anticipated to be available for public review in the
fall of 2024, and the Final EIS is anticipated to be released in the
spring of 2025 with Records of Decision later in spring of 2025.
Public Scoping Process
This notice of intent initiates the scoping period. The lead
agencies will be holding one virtual scoping meeting and two in-person
scoping meetings. The specific dates and locations of the scoping
meeting will be announced in advance through the BLM ePlanning page
(see ADDRESSES) and other lead agency websites (see ADDRESSES).
Lead and Cooperating Agencies
The BLM and USDA Forest Service are co-lead agencies. Based on
special expertise and jurisdiction by law, OSMRE and the UDOGM are
cooperating agencies. Based on special expertise on environmental
impacts, the Environmental Protection Agency (EPA) is a cooperating
agency.
Responsible Officials
The responsible official for the BLM is the BLM Utah State
Director. The scope of the State Director's decision is limited to the
LBA and the LMA. The responsible official for the USDA Forest Service
is the Manti-La Sal National Forest Supervisor. The scope of the Forest
Supervisor's decision is limited to consenting to lease.
Nature of Decision To Be Made
The BLM will decide to lease or to forgo leasing of the coal
reserves in the Little Eccles Federal Coal Lease Tract and Flat Canyon
Federal Coal Lease Tract. The USDA Forest Service will decide to
consent to or deny consent to the leasing of the subject Federal coal
tracts.
Forest Service Regulations
The decision that the USDA Forest Service will make is subject to a
pre-decisional administrative review process, also known as an
objection process (36 CFR 218, subparts A and B). The objection process
provides an opportunity for members of the public who have participated
in the planning process for the action to have any unresolved concerns
reviewed by the USDA Forest Service prior to a final decision by the
responsible official. It is important that reviewers provide their
comments at such times and in such manner that they are useful to the
agency's preparation of the final EIS; therefore, comments should be
provided prior to the close of the comment period and should clearly
articulate the reviewer's concerns and contentions. Commenting during
scoping and any other designated opportunity to comment provided by the
responsible official as prescribed by the applicable regulations will
also govern eligibility to object once the final EIS and draft Record
of Decision has been published. Comments received in response to this
solicitation, including names and addresses of those who comment, will
be part of the public record for this proposed action. Comments
submitted anonymously will be accepted and considered; however, they
will not be used to establish eligibility for the objection process.
Objections will be accepted only from those who have previously
submitted specific written comments regarding the proposed project
during scoping or other designated opportunity for public comment in
accordance with Sec. 218.5(a). Issues raised in objections must be
based on previously submitted timely, specific written comments
regarding the proposed project unless based on new information arising
after designated opportunities.
Additional Information
The lead agencies will identify, analyze, and consider mitigation
to address the reasonably foreseeable impacts to resources from the
proposed action and all analyzed reasonable alternatives and, in
accordance with 40 CFR 1502.14(e), include appropriate mitigation
measures not already included in the proposed action or alternatives.
Mitigation may include avoidance, minimization, rectification,
reduction or elimination over time, and compensation; and may be
considered at multiple scales, including the landscape scale.
The lead agencies will utilize and coordinate the NEPA process to
help support compliance with applicable procedural requirements under
the Endangered Species Act (16 U.S.C. 1536) and section 106 of the
National Historic Preservation Act (54 U.S.C. 306108) as provided in 36
CFR 800.2(d)(3), including public involvement requirements of section
106. The information about historic and cultural resources and
threatened and endangered species within the area potentially affected
by the proposed action will assist the lead agencies in identifying and
evaluating impacts to such resources.
The lead agencies will consult with Indian Tribal Nations on a
government-to-government basis in accordance with Executive Order
13175, Forest Service Handbook 1509.13, Forest Service Manual 1500, FS-
1211 Strengthening Tribal Consultations and Nation-to-Nation
Relationships. Presidential Memorandum on Tribal Consultation and
Strengthening Nation-to-Nation Relationships, January 26, 2021, BLM
Manual Section 1780, and other Departmental policies. Tribal concerns,
[[Page 26186]]
including impacts on Indian trust assets and potential impacts to
cultural resources, will be given due consideration. Federal, State,
and local agencies, along with Indian Tribal Nations and other
stakeholders that may be interested in or affected by the action the
lead agencies are evaluating, are invited to participate in the scoping
process and, if eligible, may request or be requested by the lead
agencies to participate in the development of the environmental
analysis as a cooperating agency.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
(Authority: 40 CFR 1501.9)
Gregory Sheehan,
BLM Utah State Director.
Barbara Van Alstine,
Acting Forest Supervisor, USDA Forest Service, Manti-La Sal National
Forest.
[FR Doc. 2024-07846 Filed 4-12-24; 8:45 am]
BILLING CODE 4331-25-P
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</html>Indexed from Federal Register on April 15, 2024.
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