Notice of Intent

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-034-99-5440-00-CO23; COC61945, COC61357, COC61209]

DEPARTMENT OF AGRICULTURE

Forest Service

Notice of Intent

AGENCY: Bureau of Land Management, Interior; Forest Service,

Agriculture.

Responsible Officials:

Ann Morgan, State Director, Colorado State Office, Bureau of Land

Management, 2850 Youngfield, Denver, CO 80215.

Robert L. Storch, Forest Supervisor, Grand Mesa, Uncompahgre and

Gunnison National Forests, U.S. Forest Service, 2250 US Hwy 50, Delta,

CO 81416.

ACTION: Notice of Intent and Notice of Scoping to prepare an

Environmental Impact Statement (EIS) on lease and exploration license

applications for Federal coal in Delta and Gunnison Counties, Colorado.

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SUMMARY: The Bureau of Land Management (BLM) and the Forest Service

(FS) will direct preparation of a third-party Environmental Impact

Statement (EIS) to document the analysis and disclose the environmental

effects of proposed actions to offer the Iron Point and Elk Creek Coal

Lease Tracts for competitive bidding and the Iron Point Coal

Exploration license for exploration drilling in accordance with 43 CFR

parts 3425 and part 3410. The BLM will be the lead agency for

preparation of the EIS and the FS will be a joint lead agency. The

Office of Surface Mining Reclamation and Enforcement (OSM) will

participate as a cooperating agency.

The original application for coal lease was filed in August 1997 by

Bowie Resources Limited (Bowie) requesting the BLM to offer for

competitive lease for approximately 3,403.27 acres of federal coal in

Delta County, Colorado. It was designated the Iron Point Tract. In

December 1997, the BLM received a competitive lease application from

Oxbow Mining, Inc. (Oxbow), requesting for competitive lease

approximately 3,702.81 acres of federal coal in Delta and Gunnison

Counties, Colorado. The Tract delineation by the Uncompahgre Field

Office resulted in the addition of 160 acres of federal coal for a

total of 3,862.81 acres. This tract was designated the Elk Creek Tract.

In addition, Bowie Resources, LTD submitted an application for a coal

exploration license on unleased lands adjacent to the above coal lease

application areas. The exploration lands contain approximately 6,053.00

acres. Lands affected by these applications are managed by both the BLM

and Forest Service.

Separate Environmental Assessments (EA) were completed on the two

lease applications, but not on the exploration license. As part of the

NEPA public process, the BLM and USFS subsequently determined that the

requirements of NEPA would be best served by preparing a single EIS for

these coal applications.

DATES: The public has the opportunity to submit written comments on

concerns or issues that the Agencies should address in processing these

coal applications. The Agencies will accept written comments on the

scope of analyses for the application areas at the address given below.

Comments should be submitted by May 17, 1999, in order to be considered

in the draft EIS. A public scoping meeting will be held April 21, 1999

at the Hotchkiss High School, 3535J 60 Lane, Hotchkiss, CO at 7:00 pm.

At this time, it is estimated that a Draft EIS will be available in mid

August 1999 and a Final EIS will be available in mid December 1999.

ADDRESSES: Please address questions, comments, or concerns on the EIS

to the Bureau of Land Management, Attn: Jerry Jones, 2465 South

Townsend Ave., Montrose, CO, 81401, or fax them to 970-240-5368.

FOR FURTHER INFORMATION CONTACT: Jerry Jones at the above address, or

phone: 970-240-5338.

SUPPLEMENTARY INFORMATION: In August of 1997, Bowie filed coal lease

application COC61209 (Iron Point Tract)

[[Page 18045]]

requesting BLM offer federal coal for competitive lease. This

application was later amended to reduce the acreage, but the original

application was for the following lands:

T. 12 S., R. 91 W., 6th P.M.

Sec. 33, lots 1 to 16, inclusive, S\1/2\N\1/2\;

Sec. 34, lots 1 to 16, inclusive, S\1/2\N\1/2\.

T. 13 S., R. 91 W., 6th P.M.

Sec. 2, SW\1/4\NW\1/4\, NW\1/4\SW\1/4\, and E\1/2\SW\1/4\;

Sec. 3, lots 1 to 4, inclusive, S\1/2\N\1/2\, and N\1/2\S\1/2\;

Sec. 4, lots 1 to 4, inclusive, S\1/2\N\1/2\, and S\1/2\;

Sec. 5, S\1/2\SE\1/4\, and SE\1/4\SW\1/4\;

Sec. 8, NE\1/4\;

Sec. 9, NW\1/4\, and N\1/2\SW\1/4\;

Sec. 11, NE\1/4\NW\1/4\.

containing 3,403.27 +/-acres, with an estimated 26.3 million

tons of recoverable coal. The coal resource within the Iron Point

tract is limited to coal recoverable by underground mining methods.

In December of 1997, Oxbow filed coal lease application COC61357,

(Elk Creek Tract), requesting the BLM offer for competitive lease

federal coal in the lands described as:

T. 12 S., R. 90 W., 6th P.M.

Sec. 31, lots 1 to 14, inclusive, and NE\1/4\;

Sec. 32, lots 3 to 6, inclusive, lots 11 to 14, inclusive, and

NW\1/4\.

T. 12 S., R. 91 W., 6th P.M.

Sec. 35, lots 1, 2, and 4 to 8, inclusive, 13 to 16, inclusive,

lots 21, 22, and that part of HES No. 134 lying in the NE\1/4\;

Sec. 36, lots 1 to 17, inclusive, NE\1/4\, E\1/2\NW\1/4\, SW\1/

4\NW\1/4\, and that part of HES No.134 lying in lot 1.

T. 13 S., R. 90 W., 6th P.M.

Sec. 5, lots 7 to 10, inclusive;

Sec. 6, lots 8 to 17, inclusive.

T. 13 S., R. 91 W., 6th P.M.

Sec. 1, lots 1 to 4, inclusive, S\1/2\NW\1/4\ and SW\1/4\;

Sec. 2, lot 1, and S\1/2\NE\1/4\;

Sec. 12, S\1/2\NE\1/4\, and NW\1/4\.

containing 3,862.81+/-acres with approximately 21 million tons

of recoverable coal. The coal resource to be offered for lease is

limited to coal recoverable by underground mining methods.

In May of 1998, Bowie filed a coal exploration license application,

(COC61945), with the BLM. The Iron Point Exploration License contains

unleased coal deposits owned by the United States of America in the

following described lands in Delta County, Colorado.

T. 12 S., R. 91 W., 6th P.M.

Sec. 14, lots 7,8, S\1/2\S\1/2\, NE\1/4\SW\1/4\, NW\1/4\SE\1/4\;

Sec. 22, S\1/2\;

Sec. 23, lots 1 to 7, inclusive, W\1/2\, and that part of HES

No. 133 lying in the S\1/2\SE\1/4\;

Sec. 26, lots 1 to 5, inclusive, W\1/2\, N\1/2\SE\1/4\, and that

part of HES No. 133 lying in the NE\1/4\;

Sec. 27, all;

Sec. 28, S\1/2\;

Sec. 29, SE\1/4\;

Sec. 32, lots 1, 2, 7 to 10, inclusive, lots 15, 16, and NE\1/

4\;

Sec. 33, lots 1 to 16, inclusive, and N\1/2\;

Sec. 34, lots 1 to 16, inclusive, and N\1/2\;

Sec. 35, lots 3, and 7 to 22, inclusive, NE\1/4\NW\1/4\, W\1/

2\NW\1/4\, that part of HES No. 134 and that part of lots 4 to 6,

inclusive, lying in the S\1/2\S\1/2\NE\1/4\.

The area described contains approximately 6,053.00 +/-acres.

These applications encompass federal coal on BLM and Gunnison

National Forest lands. Additions and/or deletions to the delineated

tracts may be considered as alternatives to the proposed action.

Alternatives will be developed and analyzed based on issues and

management needs.

Bowie and Oxbow applied to the BLM for the Iron Point and Elk Creek

coal lease tracts respectfully to extend the production life of their

existing underground mines. Similarly, Bowie applied to the BLM for an

exploration license to further delineate to coal resource in lands

adjacent to their ongoing mining. The requested Iron Point tract and

the exploration license area are adjacent to the presently approved

permit area for the Bowie No. 2 Mine which is operated by Bowie.

Likewise, the requested Elk Creek tract is adjacent to the presently

approved permit area for the Sanborn Creek Mine which is operated by

Oxbow.

If the Iron Point and Elk Creek tracts are leased, the coal would

be mined by underground techniques. Both Bowie and Oxbow have existing

surface portal facilities which are located on private property

controlled by the companies and which would continue to be used for any

future extraction of coal from the subject lease tracts. Both companies

plan for upgrades to their existing surface facilities. Bowie plans for

the installation of a new conveyor system and coal storage area to

replace an existing truck haul road. Oxbow would construct a new portal

pad and drive new entries to access the Elk Creek tract. This portal

pad is on private land and is immediately adjacent to the Oxbow surface

facilities.

If another company is a successful bidder for either tract, it is

likely that new surface facilities may be required. Regardless of what

company obtains the subject lease tracts, underground mining methods

would be needed to extract the coal.

The EIS will consider the mining plans as proposed by Bowie and

Oxbow, the no-action alternative, the possibility of other companies

obtaining and developing operations to extract coal from the subject

lease tracts, and other alternatives. The analysis will also consider

mitigation developed during the process. The development of

alternatives will occur after the completion of project scoping.

The Bureau of Land Management must decide whether or not to approve

the coal applications and if so identify special stipulations needed to

protect the mineral and non-mineral resources. In accordance with the

Coal Leasing Amendments Act of 1976, which amended the Mineral Leasing

Act of 1920, the Forest Supervisor for the Grand Mesa, Uncompahgre and

Gunnison National Forest, must decide whether or not to consent to

leasing by the Bureau of Land Management and if so identify special

stipulations needed to protect non-mineral resources on National Forest

lands.

OSM will be a cooperating agency in the preparation of the EIS. If

the tracts are leased to the applicants, the new leases must be

incorporated into the existing mining plans of Oxbow and Bowie and the

Secretary of the Interior must approve the revised mining plan before

the Federal coal in the tract can be mined. OSM is the Federal agency

that would be responsible for recommending approval, approval with

conditions, or disapproval of the revised mining plan to the Secretary

if the tracts are leased.

A tentative list of permits or licenses that may be required to

mine the coal resources is listed below:

Bureau of Land Management

Plan of Operations (mining and exploration)

Special use permits (Right-of-Ways, etc.)

Forest Service

Plan of Operations (mining and exploration)

Special use permits (Right-of-Ways, etc.)

U.S. Army Corps of Engineers

Section 404 Permit

Environmental Protection Agency

Spill Prevention Control and Countermeasure (SPCC) Plan

Review of Section 404 permit

Notification of Hazardous Waste Activity

U.S. Fish and Wildlife Service

Threatened and Endangered Species Consultation

Treasury Department (Dept. of Alcohol, Tobacco and Firearms)

Explosives User Permit

Mines Safety and Health Administration

Mine Identification Number

Legal Identity Report

Miner Training Plan Approval

Ventilation Plan Approval

Ground Control Plan

[[Page 18046]]

Office of Surface Mining

Mining Plan Concurrence

Colorado Department of Minerals and Geology

Exploration Permit

Mining and Reclamation Permit

Colorado Department of Public Health & Environment--Air Pollution

Control Division

Permit to Construct

Permit to Operate

Colorado Department of Public Health & Environment--Water Quality

Control Division

Stormwater Discharge Permit

National Pollutant Discharge Elimination System (NPDES)

Colorado State Engineer

Water Rights

Water Well Permits

Dam Safety Permits

Colorado State Historic Preservation Office

Historic and Archaeological Review

Colorado Department of Transportation

Highway Access

Delta County

Special Use Permit

Building Permit

Gunnison County

Special Use Permit

Building Permit

There are four underground coal mines (Bowie No. 1 (inactive),

Bowie No. 2, Sanborn Creek, and West Elk) located east of Paonia,

Colorado, in Delta and Gunnison Counties. Several issues related to

these applications were identified during the initial scoping for the

EA's in 1998, including the potential impacts to water rights, surface

and ground water, agricultural lands, wildlife habitat, noise, train

and truck traffic, socio-economics, and access to public lands that may

occur if these applications are issued. If you have specific concerns

about these issues, or have other concerns or issues that BLM should

consider in processing these applications, please address them in

writing to the above address. Written comments should be received by

May 17, 1999, in order to be fully considered in the draft EIS.

Please note that your comments, name, address, and any other

personal information you provide will become part of the public record

and will be available for public review. You may request

confidentiality by clearly stating your request at the beginning of

your comment. The agencies will consider withholding your name, address

and any other personal identifying information on a case-by-case basis

to the extent allowed by law. Submissions from organizations,

businesses, and individuals identifying themselves as representatives

or officials of organizations or businesses will be made part of the

public record.

The comment period on the Draft EIS will be sixty (60) days from

the date the Environmental Protection Agency publishes the notice of

availability in the Federal Register. (Now anticipated to be in mid

August.) At this early stage, it is important to give reviewers notice

of several court rulings related to public participation in the

environmental review process. First, 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 reviewer's position and contentions, Vermont

Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also,

environmental objections that could be raised at the Draft EIS stage

but that are not raised until after completion of the Final EIS may be

waived or dismissed by the courts, City of Angoon v. Hodel, 803 F.2d

1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490

F. Supp. 1334, 1338 (e.d. Wis. 1980). Because of these court rulings,

it is very important that those interested in this proposed action

participate by the close of the comment period so that substantive

comments and objections are made available to the agencies at a time

when they can meaningfully consider them and respond to them. To assist

the agencies in identifying and considering issues and concerns on the

proposed action, comments on the Draft EIS should be as specific as

possible. It is also helpful if comments refer to specific pages or

chapters of the draft statement. 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 at 40 CFR 1503.3 in

addressing these points.

Dated: April 7, 1999.

Jerald L. Jones,

EIS Project Manager, Uncompahgre Field Office.

Thomas Condos,

Forest Engineer, Grand Mesa, Uncompahgre and Gunnison National Forests.

[FR Doc. 99-9151 Filed 4-12-99; 8:45 am]

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