Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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FINDING OF NO SIGNIFICANT IMPACT 

and 

DECISION RECORD 

for the 

TEN MILE RIM COAL LEASE-BY-APPLICATION 

WYW-154595

INTRODUCTION

On September 28, 2001, Bridger Coal Company (BCC) filed an application with the Bureau of Land 

Management (BLM) for federal coal reserves located adjacent to the existing Jim Bridger Mine in 

north-central Sweetwater County, Wyoming. On February 11, 2003, BCC filed a modified 

application with the BLM at the Wyoming State Office in Cheyenne for a reduced lease area (refer 

to Attachment 1). The application and modification were made pursuant to provisions of the leaseby-application (LBA) regulations found in Title 43 Code of Federal Regulations (CFR) 3425.1. The 

tract applied for, known as the Ten Mile Rim Tract (TMRT), contains federal-, state-, and privateowned coal reserves. The BLM assigned the federal lease area case number WYW-154595. In 

addition to the federal LBA action, the project would also require BLM to issue a right-of-way 

(ROW) associated with the LBA for a portion of a new powerline required for the project. The 

ROW application would be made pursuant to 43 CFR 2800, which governs the federal approval and 

issuance of ROWs. 

The TMRT affects portions of Townships 21 and 22 North, Ranges 100 and 101 West, 6th Principal 

Meridian, Sweetwater County, Wyoming (see Attachment 1). The area is located north of Interstate 

80, approximately 10 miles north of Point of Rocks, approximately 25 miles east of Rock Springs, 

and approximately 70 miles west of Rawlins, Wyoming. The public land within the TMRT is 

located in the area administered by the BLM Rock Springs Field Office. 

Coal production at the Jim Bridger Mine is slowing because existing privately and federally leased 

coal reserves are becoming too deep to be recovered using conventional surface mining methods 

(i.e., draglines). As a result, additional mineable coal reserves are needed to meet customer 

requirements. Representatives of BCC plan to supplement the decreasing supply of surface-mined 

coal with the addition of adjacent underground mining operations should they be the successful, 

qualified high bidder. The development of underground mining operations next to the existing 

surface mine would allow BCC to utilize many of the existing support systems at the Jim Bridger 

Mine (e.g., roads, overland conveyor, administrative and maintenance facilities), thereby minimizing 

costs and disturbance to the environment. 

LEASE-BY-APPLICATION PROCESS 

Under the LBA process, federal coal tracts are considered for leasing after nomination by industry. 

To process an LBA, the BLM must first evaluate the quantity, quality, maximum economic 

recovery, and fair market value of the federal coal and fulfill the requirements of the National 

Environmental Policy Act (NEPA) of 1969, as amended, by evaluating the environmental impacts of 

leasing and mining federal coal. For the TMRT, an Environmental Assessment (EA) was prepared 

in compliance with NEPA. The Office of Surface Mining Reclamation and Enforcement (OSM) has 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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been a cooperating agency during preparation of the environmental assessment. For the purposes of 

analysis, the environmental assessment assumed that BCC would be the successful bidder if a 

competitive sale is held. 

Federal coal leasing is an open process. Bidding is not restricted to the applicant and competitive 

bids are encouraged. As envisioned by BCC, the proposed federal coal lease would be mined in 

conjunction with the currently leased private and state coals using underground techniques. 

Although BLM considers the tract a new mine start, BCC regards this tract as a continuation of 

existing mining operations even though mining of coal within this tract would require underground 

mining operations versus the surface mining operations within their existing mine permit area. 

Issuance of the federal coal lease would enable BCC to extend the life of their mining operations 

another 15 to 20 years and continue to supply coal of high heating value and low sulfur to the 

adjacent Jim Bridger Power Plant operated by Pacificorp. 

FINDING OF NO SIGNIFICANT IMPACT

Based upon the analysis conducted for the “Final Environmental Assessment for the Proposed Ten 

Mile Rim Coal Lease-by-Application and Associated Right-of-Way” and with implementation of the 

protective measures identified in Attachment 2 of this decision, the Proposed Action will not cause 

significant impacts to the quality of the human, natural, and physical environment. Therefore, an 

environmental impact statement is not necessary. 

DECISION

The BLM’s decision is to hold a competitive lease sale and issue a lease for federal coal tract WYW154595 to the successful qualified high bidder if the highest bid received meets or exceeds the fair 

market value of the tract as determined by BLM and if all other leasing requirements are met. The 

competitive lease sale will be held under the regulations contained in 43 CFR 3425, Leasing on 

Application. Under the selected alternative (Proposed Action), Ten Mile Rim Tract (WYW-154595) 

includes 2,242.18 acres of federal coal lands and, based on preliminary estimates, contains 44 

million tons of in-place federal coal reserves in Sweetwater County, Wyoming. Underground 

mining operations will be allowed as proposed should BCC become the successful bidder once all 

permits are approved. Should another entity become the successful bidder, subsequent mining 

operations could be subject to further environmental analysis. This decision incorporates the 

standard and special lease stipulations (Attachment 2) addressing compliance with the basic 

requirements of environmental statutes and additional BLM stipulations. 

MANAGEMENT CONSIDERATIONS AND RATIONALE FOR THE DECISION

The BLM’s decision to hold a lease sale for 2,242.18 acres of federal coal lands is based on the 

careful consideration of a number of factors including BLM statutory requirements, potential 

impacts to the environment, comments raised by the public during public scoping and comments on 

the EA, and measures designed to avoid or minimize damage to or enhancement of resource values. 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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Consistency with Resource Management Plan and Other Statutory Requirements 

The Proposed Action is in conformance with the Green River Resource Management Plan (RMP). 

The objective for management of the federal coal resources in the planning area is to provide for 

both short- and long-range development of federal coal, in an orderly and timely manner, consistent 

with the policies of the federal coal management program, environmental integrity, national energy 

needs, and related demands. 

In addition to land use plan conformance, offering the lease tract to the highest qualified bidder 

would comply with the National Energy Policy. This policy promotes supplementing existing 

energy supplies from diverse sources including domestic oil, gas, and coal in addition to hydropower 

and nuclear power. The BLM recognizes that continued extraction of coal is essential to meet the 

nation’s energy needs. Private development of federal coal reserves is integral to the BLM coal 

leasing program under the authorities of the Mineral Leasing Act of 1920 (MLA), Federal Land 

Policy and Management Act of 1976 (FLPMA), and the Federal Coal Leasing Amendment Act of 

1976 (FCLAA). 

Agency Statutory Requirements 

This decision is consistent with all federal, state, and county authorizing actions required to 

implement the Proposed Action. All pertinent statutory requirements applicable to this proposal 

were considered. All necessary conferencing or consultation with U.S. Fish and Wildlife Service 

has been completed (see Appendix C of the “Final Environmental Assessment for the Proposed Ten 

Mile Rim Coal Lease-by-Application and Associated Right-of-Way”). A programmatic agreement 

between the Office of Surface Mining, the Advisory Council of Historic Preservation, the proponent, 

the BLM, and State Historic Preservation Office was entered into in June 2004 for the purposes of 

compliance with Section 106 of the Historic Preservation Act. If another entity becomes the 

successful bidder, a new agreement would be needed. 

Relevant Resource and Economic Issues 

Potential impacts from BCC’s proposal to surface and subsurface resources identified in the 

associated EA are considered to be insignificant (necessary and due) after application of the 

proposed protective measures and mitigation identified in the associated analysis. These measures 

have been adopted and are made part of this decision. These measures are described in Attachment 

2 of this decision. Leasing and subsequent mining of federal coal reserves provides the federal, state 

and affected communities with income in the form of lease bonus and royalty payments and provides 

the public with a supply of cost-efficient, low sulphur coal for power generation. 

Application of Measures to Avoid or Minimize Environmental Impacts 

The standard coal lease stipulations addressing compliance with the basic requirements of the 

environmental statutes will be attached to the proposed coal lease to be offered (Attachment 2). 

Consistent with the analysis, additional special stipulations (Attachment 2) to protect cultural and, 

paleontological resources, threatened and endangered species, and to address oil and gas/coal 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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resource development, resource recovery and protection, and public land survey monuments would 

also be attached to the coal lease. 

The Surface Mining Control and Reclamation Act of 1977 (SMCRA) gives the OSM the primary 

authority to administer programs regulating surface facilities associated with underground coal 

mining operations. In the State of Wyoming, the Wyoming Department of Environmental Quality 

(WDEQ) regulates coal mining. The successful bidder for the TMRT must obtain state approval of a 

mine permit prior to mining. Mitigation measures specific to the proposed mine plan will be 

attached as conditions on the mining permit during this stage. To ensure that the Resource Recovery 

and Protection Plan (R2P2) is in compliance with the leasing stipulations and that the R2P2 meets 

the requirements of the MLA, BLM has a responsibility to review the R2P2 application prior to its 

approval. 

Compliance with the applicable regulations and monitoring of impacts will be carried out as outlined 

in the mine permit, or permit revision which must be approved by WDEQ and by OSM prior to the 

commencement of mining. Also, a Mineral Leasing Act mining plan or plan revision must be 

approved by the Assistant Secretary of the Interior. 

Should BCC be the successful bidder, applicant committed measures identified as part of their 

proposed mine operations (see Section 2.1.5, Final Environmental Assessment) will be adhered to. 

PUBLIC INVOLVEMENT 

BLM initiated public scoping on November 9, 2001, and 10 comment letters were received in 

response to scoping. In addition, BLM held a public meeting on December 12, 2001. The Draft EA 

was released for public comment on January 22, 2004, with a formal public hearing held March 9, 

2004 to solicit comments on the Draft EA, the proposed sale, the fair market value, and maximum 

economic recovery. Eight comment letters were received on the Draft EA. The Final EA was 

released to the public on June 7, 2004, with the Notice of Availability (NOA) published in the 

Federal Register on June 17, 2004, allowing for a 30-day comment period. All issues, concerns, and 

alternatives brought forth during public scoping and review of the Draft and Final EA have been 

considered. No unresolved issues remain. BLM has provided responses to individual comment 

letters on the Final EA (Attachment 3). Based on comments, certain sections of the EA have been 

modified in the errata (see Attachment 4). 

ALTERNATIVES CONSIDERED

The EA analyzed two alternatives in detail: the Proposed Action and the No Action. These 

alternatives are summarized below. A full description of each alternative analyzed in detail can be 

found in Chapter 2 of the EA. 

Proposed Action 

Under the Proposed Action, coal on federal lands within the TMRT would be offered for lease at a 

competitive sale, subject to standard and special BLM coal lease stipulations. An estimated 44 

million tons of in-place coal reserves exist within the public lands in the TMRT, and an estimated 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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121.5 million tons of in-place coal reserves exist within the entire TMRT area (including federal, 

state, and private mineral rights) that would be mined over an approximate 15- to 20-year period. 

Because the TMRT is located within an area of checkerboard coal ownership (a pattern of 

alternating sections of federal, state, and private mineral rights), the use of federal land is needed for 

optimal mine development. 

Public lands contained in the TMRT include: 

Other lands within the tract are owned either by Anadarko Land Corporation (who acquired the 

lands from Union Pacific Land Resources Corporation (UPLRC), containing 3,033.55 acres) or the 

State of Wyoming (containing 640 acres). 

Under the Proposed Action, all coal within the TMRT would be mined utilizing underground 

longwall mining technologies, and a minimal amount of surface-disturbing activities would occur. 

A majority of the additional surface-disturbing activities for mine-related facilities (i.e., surface 

support facilities, powerline, overland conveyor, and access road) would occur within areas that 

have already been disturbed within the existing Jim Bridger Mine permit area. An exception would 

be for a separate electric powerline right-of-way required for underground mining equipment and 

surface support facilities. 

No Action Alternative 

Under the No Action Alternative, the TMRT coal lease by application would be rejected and the area 

contained in the application would not be offered for competitive coal sale at this time. However, 

rejection of the application would not affect the already leased and permitted surface mining activity 

at the Jim Bridger Mine. Selection of the No Action Alternative would not preclude the possibility 

of subsequent leasing of these lands. 

Under the No Action Alternative, the BLM would not offer the federal coal within the TMRT for 

sale. As a result, BCC's ability to sustain historic coal production levels would be limited to the 

remaining coal reserves located within the existing leased area that would be economically 

recoverable using existing surface mining operations and highwall mining methods. 

Legal Location Acres 

T21N, R100W 

Section 6: Lots 8-14, S2NE, SENW, E2SW, SE 649.88 

T22N, R100W 

Section 30: Lots 5-8, E2W2, E2 633.56 

T21N, R100W 

Section 26: Lots 1-16 639.22 

Section 34: Lots 1, 2, 6, 7, 8, 13, NESE, SWSE 319.52 

Total 2,242.18 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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ALTERNATIVES CONSIDERED BUT ELIMINATED FROM DETAILED STUDY 

A full description of each alternative considered but eliminated from detailed study can be found in 

Chapter 2 of the EA. 

Hold a Competitive Sale of Federal Coal Lands that Would Maximize the Potential 

for a New Stand-Alone Mine 

This alternative assumes that the BLM would award the TMRT to a successful bidder but not the 

current applicant. Since there are no adjacent mines that could incorporate the coal reserves into an 

existing lease, the successful bidder (assuming it would not be the current applicant) would be 

required to establish a new stand-alone mine. Due to the depth of the coal (200-1,000 feet below the 

surface) within the TMRT, it is assumed that the tract would have to be mined utilizing underground 

technologies and would require considerable initial investment. Thus, this alternative was 

considered but dropped from detailed study due to the initial cost of starting a new mine not 

accessed by the existing highwall portal located within the Jim Bridger Mine. 

Smaller Sale Area 

Under this alternative, the BLM would only lease approximately one-half of the identified federal 

coal reserves within the TMRT. Specifically, the E1⁄2 of Section 34, T22N, R101W, and all of 

Section 6, T21N, R100W, would be the only federally owned coal included in this alternative. This 

alternative would also include Sections 35 (privately owned coal) and 36 (state-owned coal), T22N, 

R101W, and Section 31 (privately owned coal), T22N, R100W. Leasing of only one-half of the 

proposed tract may have the effect of making the project, as a whole, uneconomic because of the 

extensive capital investments necessary to start an underground mine of the same capacity and with 

only one-half the coal reserves anticipated in the Proposed Action. This alternative was determined 

not economically feasible, and was eliminated from further consideration. 

Larger Sale Area (Originally-Applied-for LBA Tract) 

Under this alternative, the BLM would lease approximately three times as much federal coal as 

identified in the current TMRT LBA area and the size would be similar to the originally applied-for 

LBA Tract. The larger TMRT LBA area was identified during the public scoping for this project. 

However, results of additional exploration drilling conducted by the current applicant during 2001 

through 2003 within a larger TMRT LBA area indicated that the quantity and quality of coal within 

this larger tract was unacceptable and would not justify proceeding with the leasing process. It is 

possible that the successful bidder of the lease sale may apply for a subsequent lease or lease 

modification if the proposed LBA were leased and mined. This alternative was determined to be not 

economically feasible and was eliminated from further consideration in the EA. The elimination of 

this alternative from the detailed analysis would not result in the permanent bypass of any federal 

coal reserves. 
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Postpone Competitive Lease Sales 

Under this alternative, the sale of the federal coal reserves within the TMRT would be postponed 

more than 5 years on the assumption that coal prices would rise in the future, thus increasing the fair 

market value of the tract, resulting in a higher bonus bid when the coal is sold. Although postponing 

the lease sale until prices rise may conceivably result in a higher bonus bid paid for the tract, it 

would not necessarily result in higher royalty payments. It typically takes several years to lease and 

permit a coal tract, and coal prices would not necessarily remain high until the coal is actually mined 

if a sale is postponed until the prices increase. Because the potential economic benefits are not 

completely predictable and the impacts of mining coal at a later time would likely be similar to a 

stand-alone mine, this alternative was eliminated from detailed study in the EA. 

MITIGATION, COMPLIANCE, and MONITORING 

If the TMRT is leased, the lease will contain standard coal lease stipulations (see Attachment 2). 

The BLM will require certain special stipulations (see Attachment 2) for protection of resources 

including cultural resources, paleontological resources, threatened and endangered species, multiple 

mineral development (oil, gas, and coal), resource recovery and protection, public land survey, and 

sole source drinking water protection. 

The SMCRA gives OSM the authority to administer programs that regulate surface facilities 

involved with underground mining operations. Should the adjacent mine operator be the successful, 

qualified high bidder for federal coal tract WYW-154595, the WDEQ/Land Quality Division (LQD) 

must approve a modification to the existing mine permit to allow for surface facilities in addition to 

a new mine permit. Before the coal can be mined, an MLA mining plan must be approved by the 

Assistant Secretary of the Interior. Protective measures specific to the current approved mine plan 

will be revised to include the standard and special stipulations for the surface facilities associated 

with federal coal tract WYW-154595. 

If the successful, qualified high bidder does not operate the adjacent mine and proposes to construct 

and operate a new mine, then a new permit and new mining plan must be prepared and approved 

before coal can be mined. Before federal coal tract WYW-154595 can be mined, protective 

measures and monitoring plans must be attached to any new mining or reclamation plan. 

Prior to mining of the coal lease, all practicable means to avoid or minimize environmental harm 

will be adopted as lease stipulations or, consistent with normal practices, as conditions of the mining 

permit. To ensure that the mining plan is in compliance with the leasing stipulations, BLM has the 

responsibility to review the Resource Recovery and Protection Plan prior to approval of the mining 

plan. Before any mining of the Ten Mile Rim LBA tract can begin, the R2P2 must be approved by 

BLM, the permit, or permit revision, must be approved by WDEQ/LQD, and the MLA mining plan, 

or plan revision, must be approved by the Assistant Secretary of the Interior. 

Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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Standard for Obtaining a Stay

Except as otherwise provided by law or other pertinent regulation, a petition for stay of a decision 

pending appeal shall show sufficient justification based on the following standards: 

1) The relative harm to the parties if a stay is granted or denied; 

2) The likelihood of the appellant’s success on the merits; 

3) The likelihood of immediate and irreparable harm if the stay is not granted; and 

4) Whether the public interest favors granting a stay. 

The adverse parties to any appeal of the decision by the State Director include: 

Pacificorp, Interwest Mining Company 

One Utah Center 

201 South Main Street, Suite 2100 

Salt Lake City, Utah 84111 

Anadarko Land Corporation 

c/o Anadarko Petroleum Corporation 

1200 Timberlock Place 

P.O. Box 1330 

Houston, Texas 77251-1330 

Bridger Coal Company 

P.O. Box 68 

Point of Rocks, Wyoming 82942 

State of Wyoming 

Office of State Lands and Investments 

122 West 25th Street, 3rd Floor West 

Cheyenne, Wyoming 82001-0600
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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ATTACHMENT 1 

TEN MILE RIM TRACT MAP 
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Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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ATTACHMENT 2 

STANDARD COAL LEASE FORM 

AND 

SPECIAL LEASE STIPULATIONS 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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SPECIAL LEASE STIPULATIONS 

In addition to observing the general obligations and standards of performance set out in the current 

regulations, the lessee shall comply with and be bound by the following special stipulations. 

These stipulations are also imposed upon the lessee’s agents and employees. The failure or refusal 

of any of these persons to comply with these stipulations shall be deemed a failure of the lessee to 

comply with the terms of the lease. The lessee shall require their agents, contractors and 

subcontractors involved in activities concerning this lease to include these stipulations in the 

contracts between and among them. These stipulations may be revised or amended, in writing, by 

the mutual consent of the lessor and the lessee at any time to adjust to changed conditions or to 

correct an oversight. 

(a) CULTURAL RESOURCES 

(1) Before undertaking any activities that may disturb the surface of the leased lands, the 

lessee shall conduct a cultural resource intensive field inventory in a manner specified by the 

Authorized Officer of the BLM or of the surface managing agency, if different, on portions 

of the mine plan area and adjacent areas, or exploration plan area, that may be adversely 

affected by lease-related activities and which were not previously inventoried at such a level 

of intensity. The inventory shall be conducted by a qualified professional cultural resource 

specialist (i.e., archeologist, historian, historical architect, as appropriate), approved by the 

Authorized Officer of the surface managing agency (BLM, if the surface is privately owned), 

and a report of the inventory and recommendations for protecting any cultural resources 

identified shall be submitted to the Assistant Director of the Western Support Center of the 

Office of Surface Mining, the Authorized Officer of the BLM, if activities are associated 

with coal exploration outside an approved mining permit area (hereinafter called Authorized 

Officer), and the Authorized Officer of the surface managing agency, if different. The lessee 

shall undertake measures, in accordance with instructions from the Assistant Director, or 

Authorized Officer, to protect cultural resources on the leased lands. The lessee shall not 

commence the surface disturbing activities until permission to proceed is given by the 

Assistant Director or Authorized Officer. 

(2) The lessee shall protect all cultural properties that have been determined eligible to the 

National Register of Historic Places within the lease area from lease-related activities until 

the cultural resource mitigation measures can be implemented as part of an approved mining 

and reclamation or exploration plan unless modified by mutual agreement in consultation 

with the SHPO. 

(3) The cost of conducting the inventory, preparing reports, and carrying out mitigation 

measures shall be borne by the lessee. 

(4) If cultural resources are discovered during operations under this lease, the lessee shall 

immediately bring them to the attention of the Assistant Director or Authorized Officer, or 

the Authorized Officer of the surface managing agency, if the Assistant Director is not 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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available. The lessee shall not disturb such resources except as may be subsequently 

authorized by the Assistant Director or Authorized Officer. 

Within two (2) working days of notification, the Assistant Director or Authorized Officer 

will evaluate or have evaluated any cultural resources discovered and will determine if any 

action may be required to protect or preserve such discoveries. The cost of data recovery for 

cultural resources discovered during lease operations shall be borne by the lessee unless 

otherwise specified by the Authorized Officer of the BLM or of the surface managing 

agency, if different. 

(5) All cultural resources shall remain under the jurisdiction of the United States until 

ownership is determined under applicable law. 

(b) PALEONTOLOGICAL RESOURCES - Prior to authorizing any activities that may disturb the 

surface of the leased lands, the Authorized Officer will determine the need for any surveys and 

mitigation measures to identify and protect significant paleontological resources. The determination 

will assess the potential for adverse impacts to significant fossils by analyzing the proposed action 

and the effects on bedrock or fossil-bearing strata. If adverse impacts can be anticipated, a ground 

survey may be required and mitigation efforts applied prior to authorizing the action. Where the 

potential to impact paleontological resources is low or the proposed action will not affect bedrock or 

fossil-bearing strata, a ground survey may not be required. Mitigation efforts may include 

avoidance, on-site monitoring, collection, denial of the proposed activity, or other administrative 

protection measures. The Authorized Officer will determine the level of survey and mitigation that 

is required on a case-by-case basis. Surveys, monitoring, or recovery efforts must be performed by a 

qualified paleontologist holding a valid BLM Paleontological Resources Use Permit. Costs for 

surveys and mitigation will be borne by the proponent of the action. 

If significant paleontological resources are discovered during mining operations, the find will be 

reported to the Authorized Officer immediately. Mining operations will be suspended within 250 

feet of said find. An evaluation of the paleontological discovery will be made by a BLM approved 

qualified paleontologist within five (5) working days, weather permitting, to determine the 

appropriate action(s) to prevent the potential loss of any significant paleontological values. 

Operations within 250 feet of such discovery will not be resumed until written authorization to 

proceed is issued by the Authorized Officer. The proponent will bear the cost of any required 

paleontological surveys, assessments, collection, or stabilization measures. 

(c) THREATENED, ENDANGERED, CANDIDATE, or OTHER SPECIAL STATUS 

PLANT and ANIMAL SPECIES - The lease area may now or hereafter contain plants, animals, or 

their habitats determined to be threatened or endangered under the Endangered Species Act of 1973, 

as amended, 16 U.S.C. 1531 et seq., or that have other special status. The Authorized Officer may 

recommend modifications to exploration and development proposals to further conservation and 

management objectives or to avoid activity that will contribute to a need to list such species or their 

habitat or to comply with any biological opinion issued by the U.S. Fish and Wildlife Service for the 

Proposed Action. The Authorized Officer will not approve any ground-disturbing activity that may 

affect any such species or critical habitat until it completes its obligations under applicable 

requirements of the Endangered Species Act. The Authorized Officer may require modifications to, 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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or disapprove, a proposed activity that is likely to result in jeopardy to the continued existence of a 

proposed or listed threatened or endangered species or result in the destruction or adverse 

modification of designated or proposed critical habitat. 

The lessee shall comply with instructions from the Authorized Officer of the surface managing 

agency (BLM, if the surface is private) for ground-disturbing activities associated with coal 

exploration on federal coal leases prior to approval of a mining and reclamation permit or outside an 

approved mining and reclamation permit area. The lessee shall comply with instructions from the 

Authorized Officer of the Office of Surface Mining Reclamation and Enforcement, or his or her 

designated representative, for all ground-disturbing activities taking place within an approved 

mining and reclamation permit area or associated with such a permit. 

(d) MULTIPLE MINERAL DEVELOPMENT - Operations will not be approved which, in the 

opinion of the Authorized Officer, would unreasonably interfere with the orderly development 

and/or production from a valid existing mineral lease issued prior to this one for the same lands. 

(e) OIL AND GAS/COAL RESOURCES - The BLM realizes that coal mining operations conducted 

on Federal coal leases issued within producing oil and gas fields may interfere with the economic 

recovery of oil and gas; just as Federal oil and gas leases issued in a Federal coal lease area may 

inhibit coal recovery. BLM retains the authority to alter and/or modify the resource recovery and 

protection plans for coal operations and/or oil and gas operations on those lands covered by Federal 

mineral leases so as to obtain maximum resource recovery. 

(f) RESOURCE RECOVERY AND PROTECTION - Notwithstanding the approval of a resource 

recovery and protection plan (R2P2) by the BLM, lessor reserves the right to seek damages against 

the operator/lessee in the event (i) the operator/lessee fails to achieve maximum economic recovery 

(as defined at 43 CFR 3480.0-5(21)) of the recoverable coal reserves or (ii) the operator/lessee is 

determined to have caused a wasting of recoverable coal reserves. Damages shall be measured on 

the basis of the royalty that would have been payable on the wasted or unrecoverable coal. 

The parties recognize that under an approved R2P2, conditions may require a modification by the 

operator/lessee of that plan. In the event a coal bed or portion thereof is not to be mined or is 

rendered unmineable by the operation, the operator/lessee shall submit appropriate justification to 

obtain approval by the Authorized Officer to leave such reserves unmined. Upon approval by the 

Authorized Officer, such coal beds or portions thereof shall not be subject to damages as described 

above. Further, nothing in this section shall prevent the operator/lessee from exercising its right to 

relinquish all or portion of the lease as authorized by statute and regulation. 

In the event the Authorized Officer determines that the R2P2, as approved, will not attain maximum 

economic recovery as the result of changed conditions, the Authorized Officer will give proper 

notice to the operator/lessee as required under applicable regulations. The Authorized Office will 

order a modification if necessary, identifying additional reserves to be mined in order to attain 

maximum economic recovery. Upon a final administrative or judicial ruling upholding such an 

ordered modification, any reserves left unmined (wasted) under that plan will be subject to damages 

as described in the first paragraph under this section. 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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Subject to the right to appeal hereinafter set forth, payment of the value of the royalty on such 

unmined recoverable coal reserves shall become due and payable upon determination by the 

Authorized Officer that the coal reserves have been rendered unmineable or at such time that the 

operator/lessee had demonstrated an unwillingness to extract the coal. 

The BLM may enforce this provision either by issuing a written decision requiring payment of the 

MMS demand for such royalties, or by issuing a notice of noncompliance. A decision or notice of 

non-compliance issued by the lessor that payment is due under this stipulation is appealable as 

allowed by law. 

(g) PUBLIC LAND SURVEY PROTECTION - The lessee will protect all survey monuments, 

witness corners, reference monuments, and bearing trees against destruction, obliteration, or damage 

during operations on the lease areas. If any monuments, corners or accessories are destroyed, 

obliterated, or damaged by this operation, the lessee will hire an appropriate county surveyor or 

registered land surveyor to reestablish or restore the monuments, corners, or accessories a the same 

locations, using the surveying procedures in accordance with the “Manual of Surveying Instructions 

for the Survey of the Public Lands of the United States.” The survey will be recorded in the 

appropriate county records, with a copy sent to the Authorized Officer. 

(h) BIOLOGICAL RESOURCES – Surface uses such as core hole drilling or subsidence 

reclamation shall be subject to season-of-use restrictions depending upon the species. 

(i) WATER WELL PROTECTION - The Town of Superior has three water wells located in the 

NE1/4NE1/4 of Section 26, Township 21 North, Range 101 West, 6th Principal Meridian. The lessee 

shall enter into an agreement with the Town of Superior to protect this source of domestic water. 

Any new water wells, dewatering operations, or other water used for mining operations that rely on 

the same water bearing zone/s shall be monitored for aquifer drawdown or other interference with 

the Town of Superior’s existing sole source domestic water wells. The lessee shall be responsible 

for mitigating groundwater impacts that could reasonably be assumed to result directly or indirectly 

from mining operations on the Town of Superior’s sole source of domestic water. Groundwater 

impacts would include quantity and quality of water that is currently available to the Town of 

Superior. 

(j) GREATER SAGE-GROUSE – The following distance and timeframe restrictions will be 

utilized for on-lease exploration activities that may impact sage-grouse or their habitats on BLM 

administered public lands. These distances and timeframes are based on current information and 

may be subject to change in the future based upon new information. Exceptions will continue to be 

considered on a case-by-case basis. An exception to this stipulation may be requested through the 

Field Office Manager, Rock Springs Field Office. 

Sage-grouse leks: 1) Avoid surface disturbance or occupancy within 1⁄4 mile of the perimeter 

of occupied sage-grouse leks. 2) Avoid human activity between 8 p.m. and 8 a.m. from 

March 1 - May 15 within 1⁄4 mile of the perimeter of occupied sage-grouse leks. 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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Sage-grouse nesting/early brood-rearing habitat: Avoid surface disturbing and disruptive 

activities in suitable sage-grouse nesting and early brood-rearing habitat within two miles of 

an occupied lek, or in identified sage-grouse nesting and early brood-rearing habitat outside 

the 2-mile buffer from March 15 - July 15. 

Sage-grouse winter habitat: Avoid disturbance and disruptive activities in sage-grouse 

winter habitat from November 15 - March 14. 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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ATTACHMENT 3 

COMMENT LETTERS AND RESPONSES 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

27 

The BLM released the Final Environmental Assessment on June 7, 2004. Three comment letters 

were received in response to BLM’s request for public input. Below are the comments received 

(noted in italic font) and BLM’s response (regular font). 

Amy Boyle, Wyoming Department of Environmental Quality, Land Quality Division

On page 93, it states the Ft Union is approximately 1,500 feet thick in the area of TMRT. Review of 

Lance well BCX-56-LA is total depth of 1,060 feet. The analysis should be clarified. 

On page 201, Table 5.1 my name was misspelled. 

Thank you for your comment. The approximate full thickness of the Fort Union Formation is 1,500 

feet but due to the dip of the beds to the northeast and subsequent erosion, the thickness varies 

markedly across the outcrop. Since the EA only identified an approximate thickness, no 

modification is needed. 

We have modified the environmental assessment to correct the spelling of your last name. See 

Attachment 4, Errata. 

B. Sachau 

I am requesting a copy of the EA be sent to me. 

BLM provided a copy of the Final EA. 

I oppose and object to the destruction of 7,054 acres. This is anti-environmental. [Three] 3 acres 

and then go underground would be ok. Also how will this coal lease be handled after empty - is 

there an up front bond fund that this lessee has to provide to guarantee that the mine will be filled in 

and we wont have cave in land that remains after finished. The American public 

has enough mined land that is subject to cave ins and we don’t want any more land left like that. 

The TMRT encompasses 5,915.73 mineral acres of which 2,242.18 mineral acres are owned by the 

public (pg 17). Most surface facilities (with the exception of a powerline) and the portal into the 

underground mine would be within the existing mine permit area where disturbance has already 

taken place (pg 18, 19). Any subsequent subsidence would be reclaimed as necessary (pg 37). 

No lease should be given without an insurance guaranteed fund set up to guarantee fill; in after 

drilling and use. No holes in the ground should be left.

A reclamation performance bond is required to assure adequate reclamation takes place including 

any areas of repaired subsidence (pg 38). 

Air quality will be impaired. Too much water will be used. Dust particulates do not just impact 

vicinity at all - they travel across the country and even end up in Europe and Africa. 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

28 

Analysis shows that ambient air quality standards or Class II PSD increments are not expected to be 

exceeded as the result of the Proposed Action. The lessee/operator would be required to comply 

with NAAQS, WAAQS, and Class II PSD increments for all regulated emissions (pg 119). 

Does anyone at BLM know what a horror land caving in is? A zoo recently had a giraffe and 

another animal drown in soil in a cave in. 6-9 ft subsidence is completely unacceptable. I do not 

think letting a lessee be responsible for subsidence damage for 5 years is at all acceptable. I think 

the lessee must get a bond up front that goes for l00 years to guarantee against damage from 

subsidence. Somehow the coal that is taken out must be replaced so that the land is stable. 

As stated in the analysis, mining of coal will result in a slight lowering of the elevation in the TRMT 

area of 6 to 9 feet, with the exception of the main and submain entries. However, since the surface is 

naturally undulating, it is unlikely that there would be any identifiable surface expression of the 

subsidence (i.e., cave in or sink hole) due to the depth of the coal mined. Once a longwall panel has 

been mined, the surface would gradually settle over an approximately 2-year period. Surface cracks, 

should they occur during settling of the surface, would be assessed and reclaimed if needed (pg 127). 

This is a terribly scarring mark on environment. 

Most surface disturbance would be located within the existing mine permit area where the surface 

has already been disturbed. In addition, an area of unknown size but assumed to be no more than 59 

acres could potentially be disturbed as a result of subsidence or the reclamation thereof. 

All hunting and trapping should be banned in this area. Grazing should also be banned, as well as 

use by two stroke engines. There is no question that this lease will result in the killing of ferrets. 

The impact on wildlife and birds will be substantial and negative and I find that a good reason to 

deny this lease. Wild horses will fall into the subsidence or break a leg and die. 

The purpose of the analysis was to assess the potential impacts of leasing the federal mineral estate 

in order to assure enough coal production to meet the needs of the nearby power plant. The BLM 

has determined no animals including listed species will be adversely affected by the proposal. 

Negatively affecting the aquifer is very, very bad for people living in the area. I note a reference on 

page l22 to the Army Corps of Engineers. I hope you are aware that the Army Corps of Engineers 

has acted very irresponsibly toward the environment time after time. This agency seems to think it 

works only for business, so their advice should be taken with a consciousness of this fact. 

The nearest residences are located approximately 8 miles west of the TRMT. Page 122 provides no 

reference to the Corps of Engineers.

I think the contract needs to be looked at far more closely since it seems to do a terrible job of 

protecting resources that belong to all Americans. It must have been written 50 years ago. I am 

sure attention to this document will result in a more protective document. 

Profiteers always claim there will be no effect on the environment but when greed and money enter 

the picture, it certainly does effect the environment.
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

29 

Thank you for your comment. 

Bill Wichers, Wyoming Game and Fish Department

The staff at the Wyoming Game and Fish Department has reviewed the Final Environmental 

Assessment for the Proposed Ten Mile Rim Lease-by-Application and Associated Rights-of-Way 

within the Rock Springs Field Office area. We provided terrestrial wildlife and aquatic comments 

on the Draft [document], dated March 3, 2003. We have no additional concerns. 

Thank you for your comment. 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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ATTACHMENT 4 

ERRATA
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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Cover Page – Title should read Final Environmental Assessment for the Proposed Ten Mile Rim Coal Leaseby-Application and Associated Right-of-Way, Sweetwater County 

Title Page - Title should read Final Environmental Assessment for the Proposed Ten Mile Rim Coal Lease-byApplication and Associated Right-of-Way, Sweetwater County 

Entire document, all references to the private land owner should read Anadarko Land Corporation and not 

UPLRC. 

Entire document, all references to Amy Boil should read Amy Boyle. 

Page 201, Table 5.1, Wyoming Department of Environmental Quality, Land Quality Division, should read 

“Amy Boyle”. 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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ATTACHMENT 5 

APPEAL PROCEDURES 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

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Form 1842-1 UNITED STATES 

(July 1999) DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT 

INFORMATION ON TAKING APPEALS TO THE BOARD OF LAND APPEALS

DO NOT APPEAL UNLESS

1. This decision is adverse to you, 

AND

2. You believe it is incorrect 

IF YOU APPEAL, THE FOLLOWING PROCEDURES MUST BE FOLLOWED

1. NOTICE OF APPEAL . . . . . . . Within 30 days file a Notice of Appeal in the office which issued this decision (see 43 

CFR 4.411 and 4.413). You may state your reasons for appealing, if you desire. 

2. WHERE TO FILE Bureau of Land Management 

 NOTICE OF APPEAL . . . . . . 5353 Yellowstone Rd. or P.O. Box 1828 

 Cheyenne, WY 82009 Cheyenne, WY 82003 

SOLICITOR 

ALSO COPY TO . . . . . . . U. S. Department of the Interior 

Office of the Solicitor, Rocky Mountain Region 

 755 Parfet Street, Suite 151 

 Lakewood, CO 80215 

3. STATEMENT OF REASONS . . . . Within 30 days after filing the Notice of Appeal, file a complete statement of the reasons 

why you are appealing. This must be filed with the United States Department of the 

Interior, Office of the Secretary, 801 North Quincy Street, Suite 300, Arlington, Virginia 

22203 (see 43 CFR 4.412 and 4.413). If you fully stated your reasons for appealing when 

filing the Notice of Appeal, no additional statement is necessary. 

SOLICITOR 

ALSO COPY TO . . . . . . . U.S. Department of the Interior 

Office of the Solicitor, Rocky Mountain Region 

755 Parfet St., Suite 151 

Lakewood, CO 80215 

4. ADVERSE PARTIES . . . . . . . . Within 15 days after each document is filed, each adverse party named in the decision 

and the Regional Solicitor or Field Solicitor having jurisdiction over the State in which 

the appeal arose must be served with a copy of: (a) the Notice of Appeal, (b) the 

Statement of Reasons, and (c) any other documents filed (see 43 CFR 4.413). Service 

will be made upon the Associate Solicitor, Division of Energy and Resources, 

Washington, D.C. 20240, instead of the Field or Regional Solicitor when appeals are 

taken from decisions of the Director (WO-100). 

5. PROOF OF SERVICE . . . . . . . . Within 15 days after any document is served on an adverse party, file proof of that service 

with the United States Department of the Interior, Office of the Secretary, Board of Land 

Appeals, 801 North Quincy Street, Suite 300, Arlington, Virginia 22203. This may 

consist of a certified or registered mail "Return Receipt Card" signed by the adverse party 

(see 43 CFR 4.401 (c)(2)). 

Unless these procedures are followed your appeal will be subject to dismissal (see 43 CFR 4.402). Be certain that all communications 

are identified by serial number of the case being appealed.

NOTE: A document is not filed until it is actually received in the proper office (see 43 CFR 4.401 (a)).
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

38 

See 43 CFR 4.21 for appeal general provisions. 

* * * * * * 

43 CFR 1820 - Application Procedures

Subpart 1821 - General Information

Sec. 1821.10 Where are BLM offices Located? 

(a) In addition to the Headquarters Office in Washington, BLM operates 12 State Offices, each having several 

subsidiary offices called Field Offices. The addresses of the State Offices and their respective geographical areas of 

jurisdiction area as follows: 

STATE OFFICES AND AREAS OF JURISDICTION 

Alaska State Office, 222 W. 7th Ave., #13, Anchorage, AK 99513-7599-- Alaska 

Arizona State Office, 222 N. Central Ave., Suite 201, Phoenix, AZ 85004-2203 – Arizona 

California State Office, 2800 Cottage Way, Suite W-1834, Sacramento, CA 95825-0451– California 

Colorado State Office, 2850 Youngfield St., Lakewood, CO 80215-7076 – Colorado 

Eastern States Office, 7450 Boston Blvd., Springfield, VA 22153 – Arkansas, Iowa, Louisiana, Minnesota, 

Missouri, and all states east of the Mississippi River 

Idaho State Office, 1387 S. Vinnell Way, Boise, ID 83709 – Idaho 

Montana State Office, 5001 Southgate Dr., Billings, MT 59101; Mail: P.O. Box 36800, Billings, MT 59107-6800 

– Montana, North Dakota, South Dakota 

Nevada State Office, 1340 Financial Blvd., Reno, NV 89520-0006 – Nevada 

New Mexico State Office, 1474 Rodeo Dr., Santa Fe, NM 87502-0115; Mail: P.O. Box 27115, Santa Fe, NM 

87502-0115 – Kansas, New Mexico, Oklahoma and Texas 

Oregon State Office, 333 SW 1 Ave., P.O. Box 2965, Portland, OR 97208 – Oregon, Washington 

Utah State Office, CFS Financial Center, 324 South State St., Salt Lake City, UT 84145-0155; Mail: P.O. Box 

45155, Salt Lake City, UT 84145-0155 – Utah 

Wyoming State Office, 5353 Yellowstone Rd., Cheyenne, WY 82009; Mail: P.O. Box 1828, Cheyenne, WY 82003 

– Wyoming and Nebraska 

(b) A list of the names, addresses and geographical areas of jurisdiction of all Field Offices of the Bureau of Land 

Management can be obtained at the above addresses or any office of the Bureau of Land Management, including the 

Washington Office, Bureau of Land Management, 1849 C St., NW, Washington, DC 20240. 

Sec 1821.11 During what hours may I file an application?

You may file applications or other documents or inspect official records during BLM office hours. Each BLM office 

will prominently display a notice of the hours during which that particular office will be open. Except for offices 

which are open periodically, for example, every Wednesday or the 3rd Wednesday of the month, all offices will be 

open Monday through Friday excluding Federal holidays, at least from 9 am to 3 pm, local time. 

Subpart 1822 - Filing a Document with BLM

Sec. 1822-11 What must I do to make an official filing with BLM?

You must file your application and any other required documents during regular office hours at the appropriate BLM 

office having jurisdiction over the lands or records involved. You must file any document with BLM through 

personal delivery or by mailing via the United States Postal Service or other delivery service, except for those 

applications that may be filed electronically under § 1822.13, unless a more specific regulation or law specifies the 

mode of delivery. The date of mailing is not the date of filing. 
Finding of No Significant Impact, Decision Record, Ten Mile Rim Coal Lease-by-Application 

39 

Sec. 1822.12 Where do I file my application or other required documents?

You should file your application or other required documents at the BLM office having jurisdiction over the lands or 

records involved. The specific BLM office where you are to file your application is usually referenced in the BLM 

regulations which pertain to the filing you are making. If the regulations do not name the specific office, or if you 

have questions as to where you should file your application or other required documents, contact your local BLM 

office for information and we will tell you which BLM office to file your application. 

Sec. 1822.14 What if I try to file a required document on the last day of the stated period for filing, but the 

BLM office where it is to be filed is officially closed all day?

BLM considers the document timely filed if we receive it in the office on the next day it is officially open. 

Supplement to Form 1842-1