Pines Coal Lease Tract, UTU-76195, Manti-La Sal National Forest, Sanpete, Sevier, and Emery Counties, Utah

Federal RegisterJan 29, 1998

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DEPARTMENT OF AGRICULTURE

Forest Service

Pines Coal Lease Tract, UTU-76195, Manti-La Sal National Forest,

Sanpete, Sevier, and Emery Counties, Utah

ACTION: Notice of Intent to Prepare a Third-Party Environmental Impact

Statement.

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SUMMARY: The Forest Service and Bureau of Land Management will direct

preparation of a Third-Party Environmental Impact Statement (EIS) to

document the analysis and disclose the environmental and human effects

of proposed actions to offer the Pines Coal Lease Tract for competitive

bidding in accordance with 43 CFR part 3425. As the surface management

agency, the Forest Service will be the lead agency for preparation of

the EIS and the Bureau of Land Management will be a joint or

cooperating agency. The Office of Surface Mining will also participate

as a cooperating agency.

The coal lease tract, as delineated by the Tract Delineation Team,

encompasses 7,311 acres of Federal coal lands on the Manti-La Sal

National Forest as follows:

T. 20 E., R. 5 E., SLM,

Sec. 36: W\1/2\S, \1/4\, SE\1/4\SW\1/4\. NE\1/4\SW\1/4\, S\1/

2\SW\1/4\, SE\1/4\;

T. 21 S., R. 5 E., SLM,

Sec. 1: lots 3-4, S\1/2\SW\1/4\, SW\1/4\SE\1/4\;

Sec. 2: lots 1-4, S\1/2\S\1/2\;

Sec. 3: lots 1-2, S\1/2\SE\1/4\;

Sec. 10: E\1/2\;

Sec. 11-14: All;

Sec. 15: E\1/2\;

Sec. 22, E\1/2\;

Sec. 23-24: All;

Sec. 25: N\1/2\, N\1/2\S\1/2\;

Sec. 25: N\1/2\, NE\1/4\SW\1/4\, E\1/2\NW\1/4\SW\1/4\, SE\1/4\.

T. 21 S., R. 6 E., SLM,

Sec. 19, lots 3-4, E\1/2\SW\1/4\;

Sec. 30, lots 1-3, E\1/2\NW\1/4\, NE\1/4\SW\1/4\.

Additions and/or deletions could be considered in alternatives

to the proposed action to be developed and analyzed based on issues

and management needs.

Canyon Fuel Company, LLC applied to the Bureau of Land Management

for the lease to obtain additional coal reserves to increase the

production life of their SUFCO Mine. The tract lies directly adjacent

to the east boundary of the existing approved permit area for this

underground mine. If Canyon Fuel obtains the tract, it would be mined

by longwall and room-and pillar methods from underground workings in

the existing permit area. The existing portal facilities in Convulsion

Canyon would be used. If another company obtains the tract, it is most

likely that new portal facilities would be required at the coal outcrop

in Link Canyon. The underground mining methods and layout would be

similar. The EIS would consider the effects of both scenarios, the No

Action Alternative, and other alternatives to be developed after

completion of project scoping.

AGENCY DECISIONS: In accordance with the Mineral Leasing Act of 1920,

as amended, the Utah State Director of the Bureau of Land Management

must decide whether or not to offer the tract for competitive leasing

and under what terms, conditions, and stipulations.

In accordance with the Coal Leasing Amendments Act of 1975, which

amended the Mineral Leasing Act of 1920, the Forest Supervisor, Manti-

La Sal National Forest, must decide whether or not to consent to

leasing by the Bureau of Land Management and identify special coal

lease stipulations needed to protect non-mineral resources.

DATES: Written comments concerning the scope of the analysis described

in this Notice should be received on or before March 2, 1998.

ADDRESSES: Send written comments to Manti-La Sal National Forest, 599

West Price River Drive, Price, Utah 84501.

FOR FURTHER INFORMATION: Questions concerning the proposed action and

EIS should be addressed to Carter Reed or Aaron Howe, Manti-La Sal

National Forest, phone (435) 637-2817.

SUPPLEMENTARY INFORMATION: This EIS will tier to the Final EIS and

Record of Decision for the Manti-La Sal National Forest Land and

Resource Management Plan (Forest Plan). The Manti-La Sal Forest Plan

provides the overall guidance (Goals, Objectives, Standards, and

Management Area Direction) to achieve the Desired Future Condition for

the area being analyzed, and contains specific management area

prescriptions for the entire Forest. The proposed lease tract is

available for further consideration for coal leasing. The Forest

Service and Bureau of Land Management have determined that data is

available to meet the Data Adequacy Standards for Federal Coal Leasing,

Uinta-Southwestern Utah Coal Region.

Issues and alternatives to be evaluated in the analysis will be

determined through public scoping. The major issues are expected to

include the socioeconomic benefits of mining; the potential impacts of

underground mining and mining-induced subsidence to surface and ground

water, vegetation, wildlife, cultural/paleontological resources, range

improvements, and other land uses; and the potential impacts of any new

surface facilities to the Forest and human environments.

The Forest Service is seeking information and comments from

Federal, State, and local agencies as well as individuals and

organizations who may be interested in, or effected by the proposed

action. The Forest Service invites written comments and suggestions on

the issues related to the proposal and the area being analyzed.

Information received will be used in preparation of the Draft EIS

and Final EIS. For most effective use, comments would be submitted to

the Forest Service within 30 days from the date of publication of this

Notice in the Federal Register. Preparation of the EIS will include the

following steps:

1. Define the purpose of and need for action.

2. Identify potential issues.

3. Eliminate issues of minor importance or those that have been

covered by previous and relevant environmental analysis.

4. Select issues to be analyzed in depth.

5. Identify reasonable alternatives to the proposed action.

6. Describe the affected environment.

7. Identify the potential environmental effects of the

alternatives.

Steps 2, 3, and 4 will be completed through the scoping process.

Step 5 will consider a range of alternative developed from the key

issues and management needs. At a minimum, the ``No Action'' and

``Proposed Action'' Alternatives will be

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analyzed. Other alternatives could involve modified tract boundaries

(additions and/or reductions) and different sets of special lease

stipulations for the protection of non-mineral resources. Alternatives

may also be developed to include analysis of mining in the existing

adjacent lease area and a potential modification of adjacent existing

leases to add up to 160 acres/lease to prevent bypassing minable

reserves.

Step 6 will describe the physical attributes of the area to be

affected by this proposal, with special attention to the environmental

factors that could be adversely affected.

Step 7 will analyze the environmental effects of each alternative.

This analysis will be consistent with management direction outlined in

the Forest Plan. The direct, indirect, and cumulative effects of each

alternative will be analyzed and documented. In addition, the site

specific mitigation measures for each alternative will be identified

and the effectiveness of these mitigation measures will be disclosed.

Agency representatives and other interested people are invited to

visit with Forest Service officials at any time during the EIS process.

Two specific time periods are identified for the receipt of formal

comments on the analysis. The two comment periods are, (1) During the

scoping process, the next 30 days following publication of this Notice

in the Federal Register, and (2) during the formal review period of the

Draft EIS.

The Draft EIS is estimated to be filed with the Environmental

Protection Agency (EPA) and available for public review in July, 1998.

At this time the EPA will publish an availability notice of the Draft

EIS in the Federal Register.

The comment period on the Draft EIS will be 45 days from the date

the Environmental Protection Agency's notice of availability appears in

the Federal Register. It is very important that those interested in

this proposed action participate at that time. To be the most helpful,

comments on the Draft EIS should be as specific as possible and may

address the adequacy of the statement or the merits of the alternatives

discussed (See The Council on Environmental Quality Regulations for

implementing the procedural provisions of the National Environmental

Policy Act at 40 CFR 1503.3).

In addition, Federal court decisions have established that

reviewers of draft environmental impact statements must structure their

participation in the environmental review of the proposal so that it is

meaningful and alerts an agency to the reviewers' position and

contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,

553 (1978). Environmental objections that could have been raised at the

draft stage may be waived if not raised until after completion of the

final environmental impact statement. City of Angoon v. Hodel, (9th

Circuit, 1986), and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp.

1334, 1338 (E.D. Wis. 1980). The reason for this is to ensure that

substantive comments and objections are made available to the Forest

Service at a time when it can meaningfully consider them and respond to

them in the final document.

To assist the Forest Service in identifying and considering issues

and concerns related to the proposed action, comments on the Draft EIS

should be as specific as possible. Referring to specific pages or

chapters of the Draft EIS is most helpful. Comments may also address

the adequacy of the Draft EIS or the merits of the alternatives

formulated and discussed in the statement. (Reviewers may wish to refer

to the Council on Environmental Quality Regulations for implementing

the procedural provisions of the National Environmental Policy Act, 40

CFR 1503.3, in addressing these points.)

The final EIS is expected to be released in October, 1998.

The Forest Supervisor for the Manti-La Sal National Forest and Utah

State Director of the Bureau of Land Management, who are the

responsible officials for the EIS, will then make their respective

decisions regarding this proposal, after considering the comments,

responses, and environmental consequences discussed in the Final

Environmental Impact Statement, and applicable laws, regulations, and

policies. The rationale for the respective agency decisions will be

documented in the Record(s) of Decisions.

Dated: January 20, 1998.

Janette S. Kaiser,

Forest Supervisor, Manti-La Sal National Forest.

[FR Doc. 98-2241 Filed 1-28-98; 8:45 am]

BILLING CODE 3410-11-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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