Notice2024-19844
Notice of Availability of the Draft Environmental Impact Statement for Navajo Transitional Energy Company's Federal Mining Plan Modification for Federal Lease MTM 94378; Spring Creek Mining Plan Modification EIS
Primary source
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Published
September 4, 2024
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
The Office of Surface Mining Reclamation and Enforcement (OSMRE) is publishing this notice to announce that it has prepared a Draft Environmental Impact Statement (DEIS) for Navajo Transitional Energy Company's (NTEC) Lease by Application (LBA) 1 Federal Mining Plan Modification for Federal Lease MTM-94378 (the Project). With this notice, OSMRE also announces that it will hold a public meeting and 45- day public comment period to receive comments on the DEIS. Spring Creek Mine (SCM) is located in Big Horn County, Montana, approximately 32 miles from Sheridan, Wyoming. SCM started operation in 1974. The proposed Project would allow 162.5 acres of additional surface disturbance and recovery of an additional 39.9 million tons (Mt) of Federal coal.
Full Text
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<title>Federal Register, Volume 89 Issue 171 (Wednesday, September 4, 2024)</title>
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[Federal Register Volume 89, Number 171 (Wednesday, September 4, 2024)]
[Notices]
[Pages 71923-71924]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19844]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
[S1D1S SS08011000 SX064A000 245S180110; S2D2S SS08011000 SX064A000
24XS501520]
Notice of Availability of the Draft Environmental Impact
Statement for Navajo Transitional Energy Company's Federal Mining Plan
Modification for Federal Lease MTM 94378; Spring Creek Mining Plan
Modification EIS
AGENCY: Office of Surface Mining Reclamation and Enforcement.
ACTION: Notice of availability of the draft environmental impact
statement.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement
(OSMRE) is publishing this notice to announce that it has prepared a
Draft Environmental Impact Statement (DEIS) for Navajo Transitional
Energy Company's (NTEC) Lease by Application (LBA) 1 Federal Mining
Plan Modification for Federal Lease MTM-94378 (the Project). With this
notice, OSMRE also announces that it will hold a public meeting and 45-
day public comment period to receive comments on the DEIS. Spring Creek
Mine (SCM) is located in Big Horn County, Montana, approximately 32
miles from Sheridan, Wyoming. SCM started operation in 1974. The
proposed Project would allow 162.5 acres of additional surface
disturbance and recovery of an additional 39.9 million tons (Mt) of
Federal coal.
DATES: OSMRE requests comments concerning the analyses in the DEIS. All
comments must be received by October 22, 2024. The public meeting will
be held at the Big Horn County Courthouse, Hardin, MT from 5--8 p.m.
MST on September 24, 2024.
ADDRESSES:
You may submit comments related to the Project by any of the
following methods:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#3764747a687b75760668727e64774040545259505e595252455e59501954585a"><span class="__cf_email__" data-cfemail="97c4d4dac8dbd5d6a6c8d2dec4d7e0e0f4f2f9f0fef9f2f2e5fef9f0b9f4f8fa">[email protected]</span></a>
<bullet> Mail: ATTN: Spring Creek Mining Plan Modification EIS, C/
O: Marcelo Calle, OSMRE Western Regions 5, 7-11, P.O. Box 25065,
Lakewood, CO 80225-0065
FOR FURTHER INFORMATION CONTACT: Marcelo Calle, Program Support
Division Manager; telephone (303) 236-2929; email: <a href="/cdn-cgi/l/email-protection#2a47494b46464f6a455947584f044d455c"><span class="__cf_email__" data-cfemail="95f8f6f4f9f9f0d5fae6f8e7f0bbf2fae3">[email protected]</span></a> or
at the address and email provided in the ADDRESSES section.
Individuals who use telecommunication devices for the deaf
[[Page 71924]]
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through
Friday.
SUPPLEMENTARY INFORMATION: OSMRE has prepared a DEIS for SCM's LBA 1
Mining Plan Modification for inclusion in its decision document
recommending approval, disapproval, or conditional approval of the
mining plan to the Secretary. 30 CFR 746.13. In accordance with the
Mineral Leasing Act of 1920 (MLA), the Assistant Secretary for Land and
Minerals Management (ASLM) at the Department of the Interior must
approve, disapprove, or approve the project with conditions because the
project contains lands with leased Federal coal associated with MTM-
94378.
OSMRE initially published an environmental assessment (EA) for LBA
1 on October 3, 2016. This EA was challenged, and the United States
District Court for the District of Montana held in WildEarth Guardians
v. Haaland, No. CV 17-80-BLG-SPW (D. Mont. 2021), that the EA failed to
take a hard look at indirect and cumulative effects of diesel
emissions, noise, vibrations, and coal dust emissions; indirect effects
of non-greenhouse gas from downstream combustion emissions; and effects
related to the social costs of greenhouse gases. This DEIS updates and
expands on the environmental analysis in the 2016 EA and provides the
additional impacts analysis identified as deficient by the district
court.
The SCM is operated by NTEC under Permit SMP C1979012, issued by
the Montana Department of Environmental Quality (MDEQ), in accordance
with its state mine permit. As proposed, the Project would allow 162.5
acres of additional surface disturbance and recovery of an additional
39.9 Mt of Federal coal. The final environmental impact statement is
scheduled for release in December 2024 with the Record of Decision
expected to be completed in January 2025.
Purpose and Need for the Proposed Action:
OSMRE's purpose in preparing this DEIS is to fully analyze the
environmental impacts from the Federal mining plan modification, with
particular attention to addressing the deficiencies identified by the
district court, so that OSMRE can make a recommendation to the ASLM to
approve, disapprove, or conditionally approve the proposed Federal
mining plan modification for LBA 1. NTEC, the current operator, will
not be able to access or recover the remaining Federal coal in the LBA
1 tracts unless OSMRE completes its NEPA analysis and the ASLM approves
the Federal mining plan modification.
Proposed Project
The proposed Project would allow 162.5 acres of additional surface
disturbance and the recovery of an additional 39.9 Mt of Federal coal
in the LBA1 tracts.
Summary of Expected Impacts
Reasonably foreseeable effects of mining Federal coal have been
evaluated for the following resources in the DEIS:
<bullet> Air Quality (measured as concentration of criteria air
pollutants regulated under the National Ambient Air Quality Standards,
Hazardous Air Pollutants, and Air Quality Related Values such as
visibility (haze) and atmospheric deposition)
<bullet> Emissions of greenhouse gases as they relate to climate
change, measured in terms of carbon dioxide equivalent for both 20-year
and 100-year global warming potentials
<bullet> Surface water and groundwater quality and quantity
<bullet> Socio-economic effects, including changes to state and local
taxes, royalties, fees, lease bids and bonuses, as well as payroll
benefits as well as effects to Environmental Justice populations
<bullet> Federally listed threatened/endangered species
<bullet> Geology
<bullet> Soils
<bullet> Cultural Resources
<bullet> Visual Resources
<bullet> Wildlife
Anticipated Permits and Authorizations
None at this time.
Schedule for the Decision-Making Process
The Department plans to have the Record of Decision signed in
January 2025.
Public Comment Period
This notice of availability initiates the comment period, which
allows the agency to gather input on the analyses included in the DEIS.
In addition to this notice and the project web page on OSMRE's website
at <a href="https://www.osmre.gov/lrg/projects/SpringCreek.shtm">https://www.osmre.gov/lrg/projects/SpringCreek.shtm</a>, interested
stakeholders, agencies, and Tribes will be notified of the 45-day
comment period via mailed letters.
All public comments must be submitted by email or by hard copy mail
to the addresses listed under ADDRESSES. 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 public at
any time. While you may request in your comment to withhold your
personal identifying information from public review, OSMRE cannot
guarantee that this will occur.
The project page will include the description of the Project as
submitted by NTEC, a map of the proposed mine plan, and information
about how to submit public comment on issues or concerns related to the
Project that are analyzed in the NEPA document.
OSMRE will review public comments and prepare formal responses to
all substantive comments. OSMRE will make revisions as needed based on
input from the public while preparing the final EIS.
Lead and Cooperating Agencies
OSMRE is the lead agency for this EIS. No agencies indicated an
interest in being a cooperating agency on the OSMRE EIS.
Decision Maker
Assistant Secretary of Land and Minerals Management
Nature of Decision To Be Made
Informed by the NEPA analysis, OSMRE will make a recommendation to
the ASLM about the Federal mining plan modification associated with
development of the LBA 1 Federal coal tracts. The ASLM will use OSMRE's
recommendation to decide whether the new mining plan modification is
approved, disapproved, or approved with conditions. OSMRE's
recommendation to the ASLM is based, at a minimum, on the documentation
specified at 30 CFR 746.13.
Marcelo Calle,
Acting OSMRE Regional Director, Regions 5, 7-11.
[FR Doc. 2024-19844 Filed 9-3-24; 8:45 am]
BILLING CODE 4310-05-P
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