NEPA Projects and Documentation

*NOTICE*

On April 27, 2022, this office notified you that “The U.S. Department of the Interior (DOI), Office of Surface Mining Reclamation and Enforcement (OSMRE), Regions 5, 7-11 has prepared an environmental assessment (EA) for the Black Butte Pit 15 Mining Plan Modification for federal coal lease WYW-6266.” We further invited comments and questions regarding the EA.

OSMRE’s work on National Environmental Policy Act analysis for the Black Butte Pit 15 Mining Plan Modification is ongoing and is not yet complete. We will notify you when that analysis is publicly noticed and available for comment, and we regret any confusion flowing from our earlier correspondence.

Additional information regarding this project may be obtained from Logan Sholar at (303) 236-6038.

BACKGROUND

The U.S. Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Regions 5, 7-11 is preparing an environmental assessment for the Black Butte Pit 15 Mining Plan Modification for federal coal lease WYW-6266. In accordance with the Mineral Leasing Act of 1920, the DOI Assistant Secretary for Land and Minerals Management must approve the project before any mining and reclamation can occur on lands containing leased federal coal. Black Butte Coal operates the Black Butte Coal Mine under a permit issued by the Wyoming Department of Environmental Quality-Land Quality Division in accordance with the approved Wyoming State Coal Regulatory Program (30 CFR Part 950).

OSMRE is preparing the EA to evaluate the environmental impacts, pursuant to the requirements of the National Environmental Policy Act of 1969 (NEPA). The Black Butte Coal Mine is located in Sweetwater, Wyoming. Approval of the mining plan modification would facilitate mining 10.235 million tons of recoverable federal coal from 399 acres (331 acres of additional disturbance) over 5 to 10 years, depending on needs of the Jim Bridger Power Plant, where the coal is used. The annual coal production rate is anticipated to remain at 2.25 million tons per year. This rate is below the maximum permitted production rate of 5 million tons per year limit set by WDEQ-Air Quality Division Air Quality Permit P0026670. The life of the Black Butte Coal Mine depends on the needs of the Jim Bridger Power Plant, which is planned to be retired in 2037.

The EA will disclose the potential direct, indirect, and cumulative impacts on air quality and greenhouse gas emissions, based on new information provided by the mine since the publication of the BLM’s lease modification decision in 2017. The BLM’s 2017 Black Butte Lease Modification EA will be incorporated by reference into this EA in accordance with 40 CFR 1501.12.

Bull Mountains Mine is located 30 miles north of Billings, Montana, on private and public land in Musselshell and Yellowstone counties and operated by Signal Peak Energy, LLC (SPE). Bull Mountains Mine is an underground coal mine and ships coal to primarily international customers in Japan and Korea.

Environmental Impact Statement

The U.S. Department of the Interior (DOI), Office of Surface Mining Reclamation and Enforcement (OSMRE), Regions 5, 7-11 is preparing an Environmental Impact Statement (EIS) for the Bull Mountains Mine Amendment 3. As directed by the October 14, 2022, U.S. District Court of Montana (Court) ruling, the EIS will be prepared to address the deficiencies identified in OSMRE’s 2018 Environmental Assessment (EA).

Mining plan modifications were approved in 2015 and 2018 and this supplemental review will analyze the potential environmental effects of mining all the federal coal covered by those approvals. This supplemental review will also respond to concerns raised by the Court about the 2018 approval related to the prior analysis of the climate impacts of combusting the mined coal. The Amendment 3 mine expansion includes 7,100 acres adjacent to the Amendment 2 mining area, with expected operations to extend 11.5 years  into 2037.

As a part of the NEPA planning process for development of an EIS, OSMRE had a 30-day public scoping period, which extended from August 7 through September 6, 2023. Public scoping comments were requested to identify any additional relevant issues concerning the mine expansion that should be evaluated in the EIS. Scoping comments are most useful when they are specific, cite relevant issues, and/or determine the extent of those issues to collect public comments on the scope of the analysis to be included in the EIS. OSMRE also held a public scoping meeting at the Roundup Community Center on Wednesday, August 30, 2023, from 3:00-6:00 p.m. Mountain Daylight Time to provide information about the proposed mine expansion and NEPA process and collect comments from the public. Comments received by OSMRE during the public scoping period have been reviewed and issues to be addressed in the EIS have been identified.

Several months after completion of the public scoping period, SPE submitted an application for Amendment 6 to the Montana Department of Environmental Quality (MDEQ) on November 7, 2023, seeking approval to mine additional non-federal coal. In addition, SPE submitted a letter to MDEQ on December 20, 2023, requesting a withdrawal of their previously submitted Amendment 5 application to Permit C1993017, as described in the public scoping notification letter (dated August 3, 2023) and presented at the public scoping meeting. OSMRE is posting this notification to inform the public of these project revisions and provide the public an opportunity to submit any additional comments for consideration. The project revisions include the addition of the Amendment 6 area in the No Action Alternative and the removal of the Amendment 5 area from the Proposed Action. The Project Map above incorporates these revisions. The EIS will also evaluate at least one additional alternative, which is still under development. 

Hard copy comments can be mailed to:

ATTN: Bull Mountains Mine Amd 3 EIS

C/O: Roberta Martínez Hernández, OSMRE Western Regions 5, 7-11

P.O. Box 25065

Denver, CO 80225-0065 

Comments can be emailed to: BULLMTNS_AMD3_EIS@icf.com

Be sure to send emails with the subject line: ATTN: Bull Mountains Mine Amd 3 EIS

All comments must be received or postmarked by June 14, 2024, to be considered in the preparation of the Draft EIS. Additional information regarding the EIS may be obtained from Roberta Martinez Hernandez at (303) 263-4705 or rmartinezhernandez@osmre.gov.

Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment – including your personal identifying information – will be publicly available. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses and from individuals identifying themselves as representatives or officials of organizations or businesses will be available for public review to the extent consistent with applicable law.

Contact

For more information contact the OSMRE Project Manager:

Roberta Martínez Hernández
U.S. Department of the Interior
Office of Surface Mining Reclamation and Enforcement
rmartinezhernandez@osmre.gov
Telephone: (303) 236-4705

All media inquiries should be directed to:

Judith LaVoie
Lead Public Affairs Specialist, Office of Communications
Office of Surface Mining Reclamation and Enforcement
Department of the Interior
news@osmre.gov

The Falkirk Mine is located in McLean County, North Dakota. The Falkirk Mine uses standard surface strip-mining procedures to mine private and Federal coal resources. Coal is currently mined from multiple permit areas. The proposed Federal mining plan under consideration would mine coal in Federal lease NDM-111489 within the boundaries of the existing permit areas. The proposed Federal mining plan would allow mining of up to 9.6 million tons of coal from 800 acres of Federal coal tracts.

Background

On October 30, 2019, the Falkirk Mining Company (Falkirk) submitted a Federal coal Lease-by- Application (LBA) for its Falkirk Mine to the Bureau of Land Management (BLM) Montana/Dakotas State Office and amended their application on June 8, 2020. The application requested emergency leasing; however, BLM determined that emergency leasing was not eligible under 43 CFR 3425.1-4. As a result, BLM will process the LBA under the competitive leasing guidelines per 43 CFR 3425.1-5. The BLM will be processing this application concurrently with the Office of Surface Mining, Reclamation and Enforcement (OSMRE).

BLM and OSMRE will jointly prepare a National Environmental Policy Act (NEPA) document to evaluate the potential environmental effects of leasing and subsequent mining of the Federal coal tracts in accordance with NEPA, the National Historic Preservation Act, Endangered Species Act, and other applicable regulations. As co-leads in the development of the NEPA document, BLM and OSMRE will use the document to facilitate their respective permitting action decisions. BLM will use the document to determine whether to lease the tracts, and if the tracts are leased, OSMRE will use the document to support a Federal Mining Plan recommendation.

The LBA addresses planned activities to lease and surface mine Federal coal at the Falkirk Mine located in McLean County, North Dakota. This application has been serialized - NDM 111489. The LBA Tracts include approximately 766 acres that contain approximately 9.6 million tons of recoverable coal, and are located as follows:

If Falkirk obtains landowner consent on the remaining portion of the northwest quarter of Section 2 prior to posting of the lease sale, they may amend their application to encompass a total of 800 acres. Across the 800 acres, approximately 87.3 percent of the land surface is covered by cropland that is primarily used for spring wheat production. The remaining land surface is occupied by wetlands (5.9 percent), hay lands (1.6 percent), native grassland (1.2 percent), farmstead (0.5 percent), shelterbelts (0.4 percent), and rights-of-way (3.1 percent).

BLM and OSMRE completed internal scoping and have identified preliminary analysis issues that will be evaluated in the NEPA document. Direct, indirect, and cumulative effects of mining federal coal will be evaluated for the following resources:

Class III cultural surveys were completed for all areas within Falkirk’s existing permit areas as well as the proposed northern expansion area on the east permit. No prehistoric or historic cultural sites were identified on the federal coal tracts; mining the federal coal would have No Effect to cultural resources. Falkirk will work with the North Dakota Public Service commission to fulfill any state required consultation requirements for sites on private lands/private coal.

Additionally, BLM evaluated the proposed action for Resource Management Plan (RMP) consistency and identified all or portions of several proposed tracts as unavailable for coal. These areas include 22 seasonal wetlands totaling approximately 21 acres and 14 temporary wetlands totaling approximately 5 acres that provide habitat for migratory birds (43 CFR § 3461.5). The NEPA document will detail the wetland mitigation and reclamation plan for these areas.

Relevant Documents

To view relevant documents, visit https://eplanning.blm.gov

• Search for NEPA number "DOI-BLM-MT-0000-2020-008-EA"
• Click “Documents”
• Click “Comment on Document”

Contacts

For more information contact the OSMRE Project Manager:

Logan Sholar
lsholar@osmre.gov
Telephone: (303) 960-5816

The Freedom Mine is located in Mercer County, North Dakota. The Freedom Mine uses standard surface strip-mining procedures to mine private and Federal coal resources. Coal is currently mined from multiple permit areas. The proposed Federal mining plan under consideration would mine coal in Federal lease NDM-111186 within the boundaries of the existing permit areas. The proposed Federal mining plan would allow mining of up to 19.2 million tons of coal from 2,000 acres of Federal coal tracts.

Background

On May 17, 2019, the Coteau Properties Company (Coteau) submitted a Federal coal Lease-by- Application (LBA) for its Freedom Mine to the Bureau of Land Management (BLM) Montana/Dakotas State Office. The application requested emergency leasing; however, BLM determined that emergency leasing was not eligible under 43 CFR 3425.1-4. As a result, BLM will process the LBA under the competitive leasing guidelines per 43 CFR 3425.1-5. The BLM will be processing this application concurrently with the OSMRE.

BLM and OSMRE will jointly prepare a National Environmental Policy Act (NEPA) document to evaluate the potential environmental effects of leasing and subsequent mining of the Federal coal tracts in accordance with NEPA, the National Historic Preservation Act, Endangered Species Act, and other applicable regulations. As co-leads in the development of the NEPA document, BLM and OSMRE will use the document to facilitate their respective permitting action decisions. BLM will use the document to determine whether to lease the tracts, and if the tracts are leased, OSMRE will use the document to support a Federal Mining Plan recommendation.

The LBA addresses planned activities to lease and surface mine Federal coal at the Freedom Mine located in Mercer County, North Dakota. This application has been serialized - NDM 111186. The LBA Tracts include approximately 880 acres that contain approximately 12.80 million tons of recoverable coal, and are located as follows:

Coteau is currently working to obtain surface owner consent for several additional tracts. If consent can be obtained prior to the posting of the lease sale, Coteau plans to modify their application to include those additional tracts. The additional tracts comprise 1,120 acres containing approximately 19.2 million tons of recoverable coal and are located as follows:

Combined, the proposed action (880 acres) and additional tracts (1,120 acres) comprise 2,000 acres containing approximately 32 million tons of recoverable coal. BLM and OSMRE completed internal scoping and have identified preliminary analysis issues that will be evaluated in the NEPA document. Direct, indirect, and cumulative effects of mining federal coal will be evaluated for the following resources:

Additionally, BLM evaluated the proposed action for Resource Management Plan (RMP) consistency and identified a multiple use conflict. There is a woody draw with steep slopes located in T. 144 N., R. 89 W. Sec. 12, NW¼, SW¼ that was identified as a multiple use conflict in the 1988 North Dakota Resource Management Plan. Multiple use screens cannot be changed at the activity planning level without an RMP amendment (43 CFR 3420.1-4e(3)).

Relevant Documents

To view relevant documents, visit https://eplanning.blm.gov

• Search for NEPA number "DOI-BLM-MT-0000-2020-007-EA"
• Click “Documents”
• Click “Comment on Document”

Contacts

For more information contact the OSMRE Project Manager:

Logan Sholar
lsholar@osmre.gov
Telephone: (303) 960-5816

Public Notice

FONSI

The Mountain State Broadband Expressway (MSBE) project is an initiative of the Upshur County Regional Development Authority (UCDA) to address limiting factors for broadband proliferation in 20 counties in West Virginia and therein create needed infrastructure for economic development. The MSBE Project’s mission is to construct fiber-connected towers on or adjacent to Abandoned Mine Land (AML) sites to expand fiber resources into unserved and underserved areas to facilitate competitive providers’ offering of broadband services.

Background

A Programmatic Environmental Assessment (PEA), complying with the National Environmental Policy Act (NEPA) was published separately for the MSBE Project. The PEA also addresses the phasing of the site identification, environmental reviews for the specific construction activities, and references the development of this Programmatic Agreement (PA).

Notice of Availability of Programmatic Agreement For Section 106 of The National Historic Preservation Act of 1969

The U.S. Department of the Interior (DOI), Office of Surface Mining Reclamation and Enforcement (OSMRE) Interior Regions 1 and 2—a bureau of the U.S. Department of the Interior—has prepared a draft programmatic agreement (PA) to comply with National Historic Preservation Act of 1969 (NHPA) Section 106 consultation procedures. This document applies to an Abandoned Mine Land Reclamation Economic Development Pilot Program (AML Pilot Program) project, entitled the Mountain State Broadband Expressway (MSBE), proposed by the Upshur County Regional Development Authority (UCDA). The MSBE project is an initiative of the UCDA to address limiting factors for broadband proliferation in 20 counties in West Virginia and therein create needed infrastructure for economic development. The MSBE Project’s mission is to construct fiber-connected towers on or adjacent to AML sites to expand fiber resources into unserved and underserved areas to facilitate competitive providers’ offering of broadband services. OSMRE has prepared this PA to address the phasing of site identification and specific construction activities and to provide an overall process to evaluate and assess the historic, cultural, and tribal resources and any potential effects as the sites are located.

The PA has been prepared in accordance with 54 U.S.C. § 306108 (Section 106) of the NHPA 54 U.S.C. §§ 300101-307108, the implementing regulations at 36 C.F.R. Part 800, and the Presidential Executive Order 13175, Presidential Memorandum on Tribal Consultation. Federal agencies are required to take into account the effect of their undertakings on historic and cultural properties and provide the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment on those effects. Pursuant to 36 C.F.R. § 800.16(y), an “undertaking” is defined as a “project, activity or program funded in whole or part under the direct or indirect jurisdiction of a federal agency”. For undertakings, such as the MSBE, for which Section 106 is applicable, OSMRE must complete the consultation process to comply with statutory requirements.

Relevant Documents

• Programmatic Environmental Assessment (PEA) (Dated 07/02/2020)
• Finding of No Significant Impact (FONSI) (Dated 07/02/2020)

Contact

For more information contact the OSMRE Federal Preservation Officer:

Stephanie R. Hamlett
shamlett@osmre.gov
Telephone: (202) 208-2802

The Office of Surface Mining Reclamation and Enforcement (OSMRE), Regions 5, 7-11, will prepare an Environmental Impact Statement (EIS) for the Spring Creek Mine Mining Plan Modification for Federal Coal Lease MTM 94378 as ordered by the US District Court in Montana.

Details:

The OSMRE will publish a notice of availability in the Federal Register to announce that it has prepared a draft Environmental Impact Statement (DEIS) for Navajo Transitional Energy Company’s (NTEC) Lease by Application (LBA) 1 Federal Mining Plan Modification for Federal Lease MTM-94378 (the Project). With this notice, OSMRE also announces that it will hold a public meeting and 45-day public comment period to receive comments on the DEIS. The Spring Creek Mine (SCM) is located in Big Horn County, Montana, approximately 32 miles from Sheridan, Wyoming. SCM started operation in 1974.  The proposed Project would allow 162.5 acres of additional surface disturbance and recovery of an additional 39.9 million tons (Mt) of Federal coal. 

20240823_DraftSpringCreekMineLBA1CourtOrderedEIS_FINAL_508v2.pdf

OSMRE requests comments concerning the analyses in the DEIS. The public meeting will be held at the Big Horn County Courthouse, Hardin, MT from 5:00 – 8:00 PM MDT on September 24, 2024. OSMRE will review public comments and prepare formal responses to all substantive comments. OSMRE will make revisions as needed based on input from the public while preparing the final EIS.

Anyone with questions regarding reviewing and commenting on the DEIS should email mcalle@osmre.gov for assistance. You are invited to direct any scoping comments by mail to: Office of Surface Mining Reclamation and Enforcement, Attn.: Marcelo Calle, Spring Creek Mine, PO Box 25065, Lakewood, CO 80225-0065, or by email: SCM_LBA1_EIS@wwcengineering.com. Comments must be received no later than midnight on October 22, 2024, to be considered by the agency.

Public Meeting Documents:
PowerPoint Slides
Handout

Comments received, including names and addresses of those who comment, will be considered part of the public record for this project and will be available for public inspection. By including your address, phone number, email address, or other personally identifying information in your comment, you should be aware that your entire comment, including your personally identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

For more information contact the OSMRE Project Manager:

Marcelo Calle
U.S. Department of the Interior
Office of Surface Mining Reclamation and Enforcement
mcalle@osmre.gov
Telephone: (303) 236-2929

All media inquiries should be directed to:

Office of Communications
U.S. Department of the Interior
Office of Surface Mining Reclamation and Enforcement
osm-news@osmre.gov