[Federal Register Volume 64, Number 171 (Friday, September 3, 1999)]
[Notices]
[Pages 48413-48415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22773]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CO-700-99-5440-00-C023]
Notice of Availability
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 and 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 Availability of North Fork Coal Draft Environmental
Impact Statement (DEIS) and Notice of Public Hearing and Request for
Comments on the DEIS, Maximum Economic Recovery Report, and Fair Market
Value; for lease and exploration license applications of Federal coal
in Delta and Gunnison Counties, Colorado (COC61209, COC61357,
COC61945).
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SUMMARY: Pursuant to 40 CFR 1500-1508, the Bureau of Land Management
(BLM) and the Forest Service (FS) announce the availability of the
North Fork Coal DEIS for the Iron Point and Elk Creek Coal Lease Tracts
for competitive leasing and the Iron Point Coal Exploration license for
exploration drilling in accordance with 43 CFR 3425 and 3410. The
scheduled date and place for a public hearing pursuant to 43 CFR 3425.4
is announced. The purpose of the hearing is to solicit comments on the
DEIS and on the fair market value (FMV) and Maximum Economic Recovery
(MER) of the proposed lease tract.
DATES: The public hearing will be held at 7:00 p.m. MDT, on October 14,
1999, at the Hotchkiss High School, Hotchkiss, Colorado. To assist the
public in formulating their comments, there will also be an informal
open house on October 7, 1999, starting at 7:30 p.m. MDT, at the
Hotchkiss High School, Hotchkiss, Colorado to answer questions
regarding the organization and technical content of the DEIS. Written
comments on the DEIS, fair market value and maximum economic recovery
will be accepted for 60 days following the date the Environmental
Protection Agency (EPA) publishes their Notice of Availability in the
Federal Register. We expect the EPA notice will be published on
September 3, 1999. Written comments on the DEIS, fair market value and
maximum economic recovery must be received by November 3, 1999.
[[Page 48414]]
ADDRESSES: Please address questions and comments on the DEIS to the
Bureau of Land Management, Attn: Jerry Jones, 2465 South Townsend Ave.,
Montrose, CO 81401, or fax them to 970-240-5368. E-mail can be sent to
Jerry__Jones@co.blm.gov.
FOR FURTHER INFORMATION CONTACT: Jerry Jones at the above address, or
phone: 970-240-5338.
SUPPLEMENTARY INFORMATION: As a result of two applications for coal
leasing and one application for a coal exploration license, the
following lands were analyzed in this DEIS.
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. 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\, that
part of HES No. 133 lying in the NE\1/4\ and that part of HES No.
134 lying in the SE\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 1 to 22, that part of HES No. 134 lying in the
NE\1/4\; N\1/2\NW\1/4\, and SW\1/4\NW\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\, 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, lots 11 and 12, SE\1/4\, E\1/2\SW\1/4\, SW\1/4\NE\1/4\,
and SE\1/4\NW\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\.
Sec. 12, S\1/2\NE\1/4\, and NW\1/4\.
The area described contains approximately 11,646 +/-acres.
Bowie Resources, Ltd. and Oxbow Mining, Inc. 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 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. These applications encompass federal
coal on BLM and National Forest system lands.
The DEIS analyzes four alternatives. Besides the no-action
alternative and the plans as submitted in the applications, two other
alternatives were examined in the draft EIS. The other alternatives
analyzed the possibility of multiseam mining and the restriction of
subsidence due to underground mining activity in key areas to protect
surface resources.
The coal resource to be offered is limited to coal recoverable by
underground mining methods. The purpose of the hearing is to obtain
public comments on the DEIS and on the following items:
(1) The method of mining to be employed to obtain maximum economic
recovery of the coal,
(2) The impact that mining or exploration of the coal may have on
the area, and
(3) The methods of determining the fair market value of the coal to
be offered.
Written requests to testify orally at the October 14, 1999, public
hearing should be received at the BLM prior to the close of business on
October 14, 1999. Those who indicate they wish to testify when they
register at the hearing may have an opportunity if time is available.
In addition, the public is invited to submit written comments
concerning the fair market value and maximum economic recovery of the
coal resource. Public comments will be utilized in establishing fair
market value for the coal resource in the described lands. Proprietary
data marked as confidential may be submitted to the Bureau of Land
Management in response to this solicitation. This information should be
labeled as such and stated in the first page of the submission. Data so
marked shall be treated in accordance with the laws and regulations
governing the confidentiality of such information. Comments on fair
market value and maximum economic recovery should be sent to the Bureau
of Land Management and should address, but not necessarily be limited
to, the following information:
1. The quality and quantity of the coal resource.
2. The price that the mined coal would bring in the market place.
3. The cost of producing the coal.
4. The interest rate at which anticipated income streams would be
discounted.
5. Depreciation and other accounting factors.
6. The mining method or methods which would achieve maximum
economic recovery of the coal.
7. Documented information on the terms and conditions of recent and
similar coal land transactions in the lease area, and
8. Any comparable sales data of similar coal lands.
Substantive comments, whether written or oral, will receive equal
consideration prior to any lease offering. Coal quantities and the FMV
of the coal developed by BLM may or may not change as a result of
comments received from the public and changes in market conditions
between now and when final economic evaluations are completed.
The Draft EIS and Maximum Economic Recovery Report are available
from the Uncompahgre Field Office upon request. A copy of the DEIS, the
Maximum Economic Recovery Report, the case file, and the comments
submitted by the public, except those portions identified as
proprietary by the commenter and meeting exemptions stated in the
Freedom of Information Act, will be available for public inspection at
the BLM Uncompahgre Field Office.
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. 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
[[Page 48415]]
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.
Freedom of Information
Comments, including names and street addresses of respondents, will
be available for public review at the addresses listed above during
regular business hours (7:45 a.m.-4:30 p.m.), Monday through Friday,
except holidays, and may be published as part of the Final EIS.
Individual respondents may request confidentiality. If you wish to
withhold your name or street address from public review or from
disclosure under the Freedom of Information Act, you must state this
prominently at the beginning of your written comment. Such requests
will be honored to the extent allowed by law. All submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, will be made available for public inspection in their
entirety. Proprietary data so marked shall be treated in accordance
with the laws and regulations governing the confidentiality of such
information.
Dated: August 25, 1999.
Jerald L. Jones,
EIS Project Manager.
[FR Doc. 99-22773 Filed 9-2-99; 8:45 am]
BILLING CODE 4310-JB-P
