Notice2025-00410
Notice of Availability of the Final Environmental Impact Statement for Navajo Transitional Energy Company's Federal Mining Plan Modification for Federal Lease MTM 94378
Primary source
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Published
January 13, 2025
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
The Office of Surface Mining Reclamation and Enforcement (OSMRE) announces the availability of the final environmental impact statement (EIS) for Navajo Transitional Energy Company's (NTEC) Lease by Application 1 (LBA1) Federal Mining Plan Modification for Federal Lease MTM-94378 and MTM 110693 (the Project). Spring Creek Mine (SCM) is in Big Horn County, Montana, approximately 32 miles from Sheridan, Wyoming. The Project, as proposed, includes 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 90 Issue 7 (Monday, January 13, 2025)</title>
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[Federal Register Volume 90, Number 7 (Monday, January 13, 2025)]
[Notices]
[Pages 2744-2745]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00410]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
[S1D1S SS08011000 SX064A000 256S180110; S2D2S SS08011000 SX064A000
25XS501520]
Notice of Availability of the Final Environmental Impact
Statement for Navajo Transitional Energy Company's Federal Mining Plan
Modification for Federal Lease MTM 94378
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Notice of availability of the final environmental impact
statement.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement
(OSMRE) announces the availability of the final environmental impact
statement (EIS) for Navajo Transitional Energy Company's (NTEC) Lease
by Application 1 (LBA1) Federal Mining Plan Modification for Federal
Lease MTM-94378 and MTM 110693 (the Project). Spring Creek Mine (SCM)
is in Big Horn County, Montana, approximately 32 miles from Sheridan,
Wyoming. The Project, as proposed, includes 162.5 acres of additional
surface disturbance and recovery of an additional 39.9 million tons
(Mt) of Federal coal.
DATES: The U.S. Environmental Protection Agency (EPA) will also publish
a notice of availability (NOA) in the Federal Register. The Final EIS
waiting period begins with the publication of EPA's NOA in the Federal
Register and will last for 30 days. After the waiting period, OSMRE
will select an alternative and issue the Record of Decision (ROD).
ADDRESSES: The Final EIS and documents pertinent to this proposal are
available for review on OSMRE's website at: <a href="https://www.osmre.gov/laws-and-regulations/nepa/projects">https://www.osmre.gov/laws-and-regulations/nepa/projects</a>.
FOR FURTHER INFORMATION CONTACT: Marcelo Calle, Program Support
Division Chief, OSMRE Western Regions 5, 7-11, P.O. Box 25065,
Lakewood, CO 80225-0065; (303) 236-2929 or <a href="/cdn-cgi/l/email-protection#ef828c8e83838aaf809c829d8ac1888099"><span class="__cf_email__" data-cfemail="5d303e3c3131381d322e302f38733a322b">[email protected]</span></a>.
Individuals who use telecommunication devices for the deaf (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:
Project Background
OSMRE has prepared a Final EIS for SCM's LBA1 mining plan
modification for inclusion in its decision document recommending
approval, disapproval, or conditional approval of the mining plan
modification to the Secretary of the Department of the Interior
(Secretary). 30 CFR 746.13. In accordance with the Mineral Leasing Act
of 1920 (MLA), the Secretary must approve, disapprove, or conditionally
approve the mining plan modification because it contains lands with
leased Federal coal associated with MTM-94378 and MTM 110693. The
Secretary has delegated this authority to the Assistant Secretary for
Land and Minerals Management (ASLM).
OSMRE initially published an environmental assessment (EA) for LBA1
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 Final EIS 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, which was
issued by the Montana Department of Environmental Quality (MDEQ). As
proposed, the Project includes 162.5 acres of additional surface
disturbance and recovery of an additional 39.9 Mt of Federal coal.
Purpose and Need for the Proposed Action
OSMRE's purpose in preparing this Final EIS is to fully analyze the
potential environmental impacts of the proposed 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 LBA1. NTEC,
the current operator, will not be able to access or recover the
remaining Federal coal in the LBA1 tracts unless OSMRE completes its
analysis under the National Environmental Policy Act and the ASLM
approves the Federal mining plan modification.
Proposed Action and Alternatives
Under the Proposed Action, OSMRE would recommend to the ASLM to
approve the mining plan modification as proposed. If approved by the
ASLM, the Proposed Action 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 over a period of approximately 16 years.
The Final EIS analyzes three additional alternatives:
<bullet> No Action: Under the No Action alternative, the Federal
mining plan modification for the LBA1 tracts would not be approved, and
SCM would no longer be authorized to mine Federal coal in the LBA1
tracts.
<bullet> Partial Mining Alternative: Under the Partial Mining
alternative, ASLM-approval of the mining plan modification for the LBA1
tracts would end after a five-year term. As analyzed in this EIS,
during this 5-year approval term, approximately 78.5 acres of surface
disturbance and the recovery of 19.3 Mt of Federal coal from the LBA1
tracts are anticipated. Under the Partial Mining alternative, if the
operator would like to continue mining beyond the initial 5-year term,
the operator can apply for an additional mining plan modification.
<bullet> Accelerated Mining Rate Alternative: Under the Accelerated
Mining Rate alternative, it is assumed that the remaining 39.9 Mt of
coal would be mined from LBA1 tracts at a rate of 18 Mt per year, which
reflects the rate of mining that was expected to occur in 2016 but is
unlikely to occur under current market conditions. If approved by the
ASLM, the Accelerated Mining Rate alternative would allow 162.5 acres
of additional surface disturbance and the recovery of an additional
39.9 Mt of Federal coal from the LBA1 tracts, over a 2.2-year period.
Based on the analyses contained in the Final EIS, and, after
carefully considering input received during scoping and the public
comment period
[[Page 2745]]
of the Draft EIS, OSMRE selected the Partial Mining alternative as the
preferred alternative.
Summary of Expected Impacts
Reasonably foreseeable effects of mining Federal coal were
evaluated for the following resources in the Final EIS:
<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.
Schedule for the Decision-Making Process
The OSMRE anticipates releasing a ROD in February 2025.
Public Participation
In addition to making the Draft EIS available for public comment,
OSMRE hosted one public meeting during the comment period. OSMRE
received 452 written comments, including comments from Federal and
State agencies, non-governmental organizations, and members of the
public. OSMRE addressed these comments in the Final EIS. OSMRE
considered the public comments received on the Draft EIS and during
internal OSMRE review and incorporated them as appropriate into the
Final EIS. Public comments and internal OSMRE review resulted in the
addition of clarifying text. The revisions and edits have not
significantly changed the impact analyses.
Lead and Cooperating Agencies
OSMRE is the lead agency for this EIS. No agencies indicated an
interest in being a cooperating agency on the EIS.
Decision Maker
Department of the Interior Assistant Secretary for Land and
Minerals Management.
Nature of Decision To Be Made
OSMRE will take the analysis in the Final EIS into consideration as
it makes a recommendation to the ASLM about the Federal mining plan
modification associated with development of the LBA1 Federal coal
tracts. The ASLM will consider OSMRE's recommendation to decide whether
the 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.
David A. Berry,
Regional Director, Unified Regions, 5, 7-11.
[FR Doc. 2025-00410 Filed 1-10-25; 8:45 am]
BILLING CODE 4310-05-P
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