[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Notices]
[Pages 35398-35399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15050]
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DEPARTMENT OF AGRICULTURE
Forest Service
Scoria Mining Addition, Medicine Bow-Routt National Forests and
Thunder Basin National Grassland; Campbell County, WY
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The Forest Service proposes to authorize Thunder Basin Coal
Company, LLC to expand the area of its existing scoria gravel pit
development to include public domain minerals on parcels of National
Forest System (NFS) lands on Thunder Basin National Grassland. NFS
lands within the analysis area include portions of Sections 11-14 and
23-25, T43N R70W, 6th Principal Meridian, Campbell County.
DATES: Comments concerning the project or the scope of the planned
environmental analysis must be received by July 20, 2011. The draft
environmental impact statement (DEIS) is expected to be available by
October 2011, and the final environmental impact statement (FEIS) is
expected to be completed by April 2012.
ADDRESSES: Send written comments to Richard A. Cooksey, Deputy Forest
Supervisor, Medicine Bow-Routt National Forests and Thunder Basin
National Grassland, 2250 East Richards Street, Douglas, Wyoming 82633,
or e-mail comments to [email protected].
All comments, including names and addresses of commenters, when
provided, are placed in the record and are available for public
inspection and copying. The public may review the comments at the
Douglas Ranger District at the address noted above. Visitors are
encouraged to call ahead to (307) 358-4690 to facilitate entry into the
building.
FOR FURTHER INFORMATION, CONTACT: Peter Rose, Solid Minerals Project
Manager, Douglas Ranger District, 2250 East Richards St, Douglas, WY
82633, (307) 358-4690.
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 Standard Time, Monday through
Friday.
SUPPLEMENTARY INFORMATION: Federal coal lessee, Thunder Basin Coal
Company, LLC (TBCC), filed with the USDA, Forest Service a request for
authorization to access and mine aggregate material (scoria) on NFS
lands. The purpose of this action is to ensure that an adequate supply
of aggregate material is available for road construction and
maintenance in order to support required maintenance and changes in
infrastructure necessary for the uninterrupted mining of their Federal
coal lease.
The Forest Service proposes to authorize TBCC to remove scoria from
NFS lands from an area totaling approximately 459 acres. The analysis
will also include 566 acres of private surface lands. The total lands
encumbered by mining activity will not include the total above acreage
all at one time but will encumber only those lands reasonably needed
for the existing scoria mining and will progress over a 10- to 15-year
timeframe. Scoria removal will occur in small incremental sections of
approximately 10 acres in size, not to exceed 20 acres in any given
year, for the purpose of using that scoria on adjacent roads needed for
coal mining operations. As the scoria mining moves forward, TBCC will
reclaim lands equivalent to the amount of acreage that is being mined.
It should be noted that not all lands within the analysis area will be
mined. Only those acres that have the potential for scoria material
will be disturbed during the proposed mining project.
Richard Cooksey, Deputy Forest Supervisor, Medicine Bow-Routt
National Forests and Thunder Basin National Grassland, 2468 Jackson
Street, Laramie, Wyoming 82070 is the Official responsible for making
the decision on this action. The responsible Official will consider the
results of the analysis and its findings and then document the final
decision in a Record of Decision (ROD). The decision will include a
determination on whether or not to authorize the Scoria Mining Addition
to occur in the above described lands as proposed by the applicant
(TBCC), or to
[[Page 35399]]
allow an alternative to the proposed action.
In addition to this notice, the scoping process will include the
distribution of letters to interested parties requesting comments on
the proposed action, and a public notice will be published in area
media.
The Forest Service has identified the following preliminary issues:
(1) Potential impacts to wildlife in the proposed project area; (2)
potential impacts to the watershed; (3) potential impacts to cultural
and paleontological resources; (4) potential impacts to adjacent
private lands; and (5) potential impacts to livestock grazing permits
on the National Grassland.
This notice is to inform the public of the proposed action and
invite the public to participate by providing any comments or
information they may have concerning the proposal. This information
will be used to identify important issues and determine the extent of
the analysis necessary to make an informed decision on the proposal.
Such issues will assist in the formulation of additional alternatives
and the development of mitigation measures necessary to reduce impacts.
A DEIS will be prepared for comment. The comment period on the DEIS
will be 45 days from the date the Environmental Protection Agency
publishes the notice of availability in the Federal Register.
The Forest Service believes it is important to give reviewers
notice of several court rulings related to public participation in the
environmental review process. First, as a result of Vermont Yankee
Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978), reviewers of
DEISs 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. Also, in conjunction with 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),
environmental objections that could be raised at the DEIS stage but
that are not raised until after completion of the FEIS may be waived or
dismissed by the courts. Because of these court rulings, it is very
important that those interested in this proposed action participate by
the close of the 45-day comment period so that 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 FEIS.
To assist the Forest Service in identifying and considering issues
and concerns, comments on the DEIS should be as specific as possible to
the proposed action. It is also helpful if comments refer to specific
pages or chapters of the draft statement. Comments may also address the
adequacy of the DEIS 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.
Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21)
[FR Doc. 2011-15050 Filed 6-16-11; 8:45 am]
BILLING CODE 3410-11-P