Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Notices 24673 

www.fsis.usda.gov/news_and_events/ 

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Done at Washington, DC, on April 18, 

2012. 

Alfred V. Almanza, 

Administrator. 

[FR Doc. 2012–9797 Filed 4–19–12; 4:15 pm] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Notice of Delegation of Authority From 

the Regional Forester, Pacific 

Southwest Region, to Forest 

Supervisor, Eldorado National Forest, 

for the El Dorado County Rubicon Trail 

Forest Road and Trail Act Easement 

AGENCY: Forest Service, USDA. 

ACTION: Notice. 

SUMMARY: The Regional Forester, Pacific 

Southwest Region, hereby delegates to 

the Forest Supervisor, Eldorado 

National Forest, authority to grant a 

Forest Road and Trail Act easement to 

El Dorado County for the Rubicon Trail. 

DATES: April 19, 2012. 

ADDRESSES: USDA Forest Service, 

Pacific Southwest Region, 1323 Club 

Drive, Vallejo, CA 94592. 

FOR FURTHER INFORMATION CONTACT: 

Ramiro Villalvazo, Director, Public 

Services, (707) 562–8856. 

Randy Moore, 

Regional Forester. 

[FR Doc. 2012–9945 Filed 4–24–12; 8:45 am] 

BILLING CODE M 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Grand Mesa, Uncompahgre and 

Gunnison National Forests; Colorado; 

Federal Coal Lease Modifications 

COC–1362 & COC–67232 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The Grand Mesa, 

Uncompahgre and Gunnison National 

Forests (GMUG) must decide whether or 

not to consent to Bureau of Land 

Management (BLM) modifying the 

Federal Coal Leases COC–1362 and 

COC–67232 by adding 800 and 922 

acres, respectively, to them. If the 

GMUG does consent to lease, it will 

prescribe conditions (as stipulations) for 

the protection of non-mineral resources 

DATES: Public comments for this project 

were received between April 21 and 

May 21, 2010 during the preparation of 

an Environmental Assessment. 

Comments received during that period 

will be also be considered in this 

analysis. These comments have 

informed the issue analysis and 

alternative development. Additionally, 

the agency will continue to accept 

public comments throughout the 

preparation of the Draft Environmental 

Impact Statement, which is estimated to 

be released in May, 2012. The final 

environmental impact statement is 

expected in July, 2012. 

ADDRESSES: Written comments should 

be addressed to Grand Mesa, 

Uncompahgre, and Gunnison National 

Forest, Attn: Forest Supervisor, 2250 

HWY50, Delta, CO 81416. Comments 

may also be sent via email to commentsrocky-mountain-gmug@fs.fed.us or via 

facsimile to 970–874–6698. 

FOR FURTHER INFORMATION CONTACT: 

Niccole Mortenson, 406–329–3163 or 

nmortenson@fs.fed.us. 

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 

Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action 

Under 43 CFR part 3432 (as amended 

by the Energy Policy Act of 2005), the 

holder of a federal coal lease may apply 

to modify a lease by adding up to 960 

acres. The federal agencies are 

responding to applications to modify 

existing leases. The GMUG and BLM 

have identified the need to consider 

issuing two coal lease modifications for 

federal coal lands immediately adjacent 

to exiting federal coal leases COC–1362 

and COC–67232. The purpose of the 

lease modifications is to ensure that 

compliant and super-compliant coal 

reserves are recovered. 

The BLM, charged with 

administration of the mineral estate on 

these Federal lands, is required, by law, 

to consider leasing Federally-owned 

minerals for economic recovery. The 

USDA–Forest Service (FS), as the 

surface management agency, considers 

consenting to the BLM leasing reserves 

underlying lands under its jurisdiction, 

and prescribes stipulations for the 

protection of non-mineral resources. 

Proposed Action 

Within the jurisdiction of the Forest 

Service, the proposed action is to 

consent to BLM modifying existing 

federal coal leases COC–1362 and COC67232 by adding 800 and 922 additional 

acres (respectively) to ensure that 

compliant and super-compliant coal 

reserves are recovered and not 

bypassed, and to identify stipulations 

for the protection of non-mineral (i.e. 

surface) resources. 

The proposed lease modifications are 

located in Gunnison County, Colorado 

in portions of sections 10, 11, 13, 14, 22, 

23 of T.14S. R. 90W., 6th PM. The 

modification areas include National 

Forest System (NFS) surface lands 

managed by the GMUG and the coal 

estate managed by the BLM. 

The proposed action deals primarily 

with underground mining. It is assumed 

that longwall mining practices would be 

used. Surface disturbance may include 

soil subsidence due to removal of the 

coal. In the event that post-lease surface 

activities are proposed and authorized, 

other soil disturbance may occur due to 

temporary road construction and 

drilling of methane drainage wells. A 

Reasonably Foreseeable Mine Plan 

(RFMP) has been developed to address 

potential environmental effects. It is 

detailed to the extent possible and will 

be included in the analysis. 

Possible Alternatives 

No Action Alternative—Analysis of 

the No Action alternative is required by 

CEQ 40 CFR 1502.14(d). Under the no 

action alternative, the lease 

modifications would not be approved, 

and no mining would occur in these 

specific areas. Impacts from mining coal 

under these areas would not occur on 

these lands, and the effects from ongoing land uses could continue 

including coal mining activities such as 

exploration and monitoring related to 

mine activities, as well as continued 

recreation and grazing. The land would 

continue to be managed according to 

Forest Plan standards, goals and 

guidelines. 

The Following is Common to All 

Action Alternatives-Within the 

jurisdiction of the Forest Service, the 

proposed action is to consent to BLM 

modifying existing federal coal leases 

COC–1362 and COC–67232 by adding 

800 and 922 additional acres 

(respectively) to ensure that compliant 

and super-compliant coal reserves are 

recovered and not bypassed, and to 

identify stipulations for the protection 

of non-mineral (i.e. surface) resources. 

The proposed action deals primarily 

with underground mining. It is assumed 


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24674 Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Notices 

that longwall mining practices would be 

used. Minor surface disturbance would 

occur on Forest Service lands as a result 

of subsidence. In the event that postlease surface activities are proposed and 

authorized, other soil disturbance may 

occur due to temporary road 

construction and drilling of methane 

drainage wells. A Reasonably 

Foreseeable Mine Plan (RFMP) has been 

developed to address potential 

environmental effects and is detailed to 

the extent necessary without being 

predecisional. 

Stipulations for Action Alternatives 

As part of the Proposed Action 

alternative the GMUG Forest Supervisor 

must decide if the existing stipulations 

on the existing parent leases are 

sufficient for the protection of nonmineral (i.e. surface) resources. If not, 

additional stipulations that will provide 

for the protection of non-mineral 

resources must be prescribed. The list 

below describes the stipulations on the 

parent leases, and their applicability to 

the lease modifications and additional 

or modified stipulations identified for 

the protection of visual resources 

Canada lynx. 

In accordance with Forest Service 

Manual (FSM) 2820, the Standard 

Notice for Lands under the Jurisdiction 

of Agriculture is part of the parent 

leases, and hence would apply to the 

lease modifications. This Standard 

Notice includes requirements for 

Cultural and Paleontological Resources, 

and Threatened and Endangered 

Species is noted in the list below. 

Further, the Standard Notice contains 

the following language: ‘‘The permittee/ 

lessee must comply with all the rules 

and regulations of the Secretary of 

Agriculture set forth at Title 36, Chapter 

II, of the Code of Federal Regulations 

governing the use and management of 

the National Forest System (NFS) when 

not inconsistent with the rights granted 

by the Secretary of Interior in the 

permit. The Secretary of Agriculture’s 

rules and regulations must be complied 

with for (1) all use and occupancy of the 

NFS prior to approval of an exploration 

plan by the Secretary of the Interior, (2) 

uses of all existing improvements, such 

as forest development roads, within and 

outside the area permitted by the 

Secretary of the Interior, and (3) use and 

occupancy of the NFS not authorized by 

the permit/operation approved by the 

Secretary of the Interior.’’ 

Cultural and Paleontological 

Resources—The FS is responsible for 

assuring that the leased lands are 

examined to determine if cultural 

resources are present and to specify 

mitigation measures. Prior to 

undertaking any surface-disturbing 

activities on the lands covered by this 

lease, the lessee or operator, unless 

notified to the contrary by the FS, shall: 

Contact the FS to determine if a site 

specific cultural resource inventory is 

required. If a survey is required then: 

• Engage the services of a cultural 

resource specialist acceptable to the FS 

to conduct a cultural resource inventory 

of the area of proposed surface 

disturbance. The operator may elect to 

inventory an area larger than the area of 

proposed disturbance to cover possible 

site relocation which may result from 

environmental or other considerations. 

An acceptable inventory report is to be 

submitted to the FS for review and 

approval at the time a surface disturbing 

plan of operation is submitted. 

• Implement mitigation measures 

required by the FS and BLM to preserve 

or avoid destruction of cultural resource 

values. Mitigation may include 

relocation of proposed facilities, testing, 

salvage, and recordation or other 

protective measures. All costs of the 

inventory and mitigation will be borne 

by the lessee or operator, and all data 

and materials salvaged will remain 

under the jurisdiction of the U.S. 

Government as appropriate. 

• The lessee or operator shall 

immediately bring to the attention of the 

FS and BLM any cultural or 

paleontological resources or any other 

objects of scientific interest discovered 

as a result of surface operations under 

this license, and shall leave such 

discoveries intact until directed to 

proceed by FS and BLM. 

Endangered or Threatened Species— 

The FS is responsible for assuring that 

the leased land is examined prior to 

undertaking any surface-disturbing 

activities to determine effects upon any 

plant or animal species listed or 

proposed for listing as endangered or 

threatened, or their habitats. The 

findings of this examination may result 

in some restrictions to the operator’s 

plans or even disallow use and 

occupancy that would be in violation of 

the Endangered Species Act of 1973 by 

detrimentally affecting endangered or 

threatened species or their habitats. The 

lessee/operator may, unless notified by 

the FS that the examination is not 

necessary, conduct the examination on 

the leased lands at his discretion and 

cost. This examination must be done by 

or under the supervision of a qualified 

resource specialist approved by the FS. 

An acceptable report must be provided 

to the FS identifying the anticipated 

effects of a proposed action on 

endangered or threatened species or 

their habitats. 

If there is reason to believe that 

Sensitive, Threatened or Endangered 

species of plants or animals, or 

migratory bird species of high Federal 

interest are present, or become present 

in the lease area, the Lessee/Operator 

shall be required to conduct an 

intensive field inventory of the area to 

be disturbed and/or impacted. The 

inventory shall be conducted by a 

qualified specialist, and a report of 

findings prepared. A plan will be made 

that recommends protection for these 

species or action necessary to mitigate 

the disturbance. The cost of conducting 

such inventory, preparing reports and 

carrying out mitigation measures shall 

be borne by the Lessee/Operator. 

Canada Lynx—To comply with the 

GMUG Forest Plan 2008 amendment, 

the following special constraints will 

apply if surface use on the lease is 

proposed in lynx habitat: 

• Winter access will be limited to 

designated routes. 

Further, should surface-disturbing 

operations be proposed on the lease in 

lynx habitat, the following special 

constraints may apply, depending on 

site-specific circumstances: 

• Remote monitoring of the 

development sites and facilities may be 

required to reduce snow compaction. 

• A reclamation plan (e.g. road 

reclamation and vegetation 

rehabilitation) for sites and facilities 

that promotes the restoration of lynx 

habitat may be required. 

• Public motorized use on new roads 

constructed for project-specific 

purposes will be restricted. 

• Access roads will be designed to 

provide for effective closures and will 

be reclaimed or decommissioned at 

project completion if they are no longer 

needed for other management 

objectives. 

• New permanent roads will not be 

built on ridge tops or in saddles, if 

possible, or in areas identified as 

important for lynx habitat connectivity. 

New roads will be situated away from 

forested stringers, if possible. 

Raptors—For raptors (except 

American kestrel) the Lessee will be 

required to: Conduct surveys for nesting 

raptors on the lease prior to 

development of any surface facilities, 

and no surface activities will be allowed 

within 1⁄2-mile radius of active nest sites 

between the dates of February 1 and 

August 15, unless authorized by the 

Forest Service on a site-specific basis. 

Big Game Winter Range—In order to 

protect big game wintering areas, elk 

calving areas, and other key wildlife 

habitat and/or activities, specific surface 

use may be curtailed during specific 

times of year. Specific time restrictions 


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Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Notices 24675 

for specific species will be evaluated by 

the Forest Service at the individual 

project stage, and any additional site 

specific conditions of use developed at 

that time. 

Water Depletions—In the future, if 

water to be used for mine related 

activities is taken from a source that is 

considered to be tributary waters by the 

U.S. Fish and Wildlife Service, or which 

exceeds a depletion amount previously 

consulted upon, the permitting agency 

must enter into consultation with the 

U.S. Fish and Wildlife Service to 

determine appropriate conservation 

measures to offset effects to listed fish 

and critical habitat in the upper 

Colorado River Basin. 

Breeding Birds—If surface disturbance 

is proposed on the lease, the lessee/ 

operators will be required to conduct 

breeding bird surveys prior to surface 

disturbance. 

Geologic Hazards— 

COC–1362 Modification—No surface 

occupancy would be allowed in areas of 

high geologic hazard or high erosion 

potential, or on slopes which exceed 

60%. Special interdisciplinary team 

analysis and mitigation plans detailing 

construction and mitigation techniques 

would be required on areas where 

slopes range from 40–60 percent. The 

interdisciplinary team could include 

engineers, soil scientist, hydrologist, 

landscape architect, reclamation 

specialist and mining engineer. 

COC–67232 Modification—No surface 

occupancy would be allowed in areas of 

high geologic hazard or high erosion 

potential. Special interdisciplinary team 

analysis and mitigation plans detailing 

construction and mitigation techniques 

would be required on areas where 

slopes range from 40–60 percent. The 

interdisciplinary team could include 

engineers, soil scientist, hydrologist, 

landscape architect, reclamation 

specialist and mining engineer. 

Baseline Information—The operator/ 

lessee would be required to perform 

adequate baseline studies to quantify 

existing surface and subsurface 

resources. Existing data can be used for 

baseline analyses provided that the data 

is adequate to locate, quantify, and 

demonstrate interrelationships between 

geology, topography, hydrogeology, and 

hydrology. Baseline studies are critical 

to the success of future observation and 

assessment of mining related effects on 

resources. 

Monitoring Program—The operator/ 

lessee of the lease tract would be 

required to establish or amend a 

monitoring program to be used as a 

continuing record of change over time of 

area resources in order to assess mining 

induced impacts. The monitoring 

program shall provide the procedures 

and methodologies to adequately assess 

interrelationships between geology, 

topography, hydrogeology, and 

hydrology identified in the baseline 

assessment to mining activities in the 

lease tract area. The monitoring program 

shall incorporate baseline data so as to 

provide a continuing record over time. 

Riparian, Wetland or Floodplain— 

Surface use or disturbances (except for 

surface subsidence and resource 

monitoring purposes defined in the 

approved mining permit) will avoid 

riparian, wetland or floodplain areas, 

and a buffer zone surrounding these 

areas (the definition of riparian areas 

and appropriate buffer zone will be 

consistent with that defined in the 

Forest Service Manual and Rocky 

Mountain Region’s Water Conservation 

Practices Handbook. Wetland definition 

will follow Army Corps of Engineers 

guidelines) unless no practical 

alternatives exist. 

Subsidence (Language from COC– 

1362 parent lease)—If subsidence 

adversely affects surface resources in 

any way (including, but not limited to 

a documented water loss), the Lessee, at 

their expense will be responsible to: 

Restore stream channels, stock ponds, 

protect stream flow with earthwork or 

temporary culverts, restore affected 

roads, or provide other measures to 

repair damage or replace any surface 

water and/or developed ground water 

source, stock pond, water conveyance 

facilities, with water from an alternate 

source in sufficient quantity and quality 

to maintain existing riparian habitat, 

livestock and wildlife use, or other land 

uses as authorized by 36 CFR part 251. 

The Lessee/Operator shall be 

responsible for monitoring, repairing 

and/or mitigating subsidence effects on 

existing facilities under Special Use 

Permit with the Forest Service. 

Monitoring, repair and/or mitigation, if 

needed, would be performed at the 

Lessee’s expense. These requirements 

will be coordinated with the District 

Ranger and the Special Use Permittee. 

Roadless (Lease Notice Only)—All or 

parts of the following lands 

encompassed in this lease are in the 

West Elk Inventoried Roadless Area and 

may be subject to restrictions on roadbuilding pursuant to rules and 

regulations of the Secretary of 

Agriculture applicable at the time any 

roads may be proposed on the lease. 

Legal descriptions are approximate. 

Locations of any proposed surface use 

would be verified for relationship to 

IRA boundaries using site-specific maps 

if/when surface operations are 

proposed. 

Visuals—Within the lease 

modification area, the lessee will work 

with the District Ranger and his/her 

representative to see that all mine 

operations are situated on the ground in 

such a manner that reasonably 

minimizes impacts to the scenic 

integrity of that landscape, as prescribed 

in the Forest Plan. 

Coal Mine Methane—The parent 

leases also contain lease terms from 

BLM regarding coal mine methane that 

would be carried forward to the lease 

modifications. These are addressed as 

lease addendum as follows: 

Sec. 3. Notwithstanding the language 

in Sec. 2 of this lease and subject to the 

terms and conditions below, lessee is 

authorized to drill for, extract, remove, 

develop, produce and capture for use or 

sale any or all of the coal mine methane 

from the above described lands that it 

would otherwise be required to vent or 

discharge for safety purposes by 

applicable laws and regulations. For 

purposes of this lease, ‘‘coal mine 

methane’’ means any combustible gas 

located in, over, under, or adjacent to 

the coal resources subject to this lease, 

that will or may infiltrate underground 

mining operations. 

Sec. 4. Notwithstanding any other 

provision of this lease, nothing herein 

shall, nor shall it be interpreted to, 

waive, alter or amend lessee’s right to 

vent, discharge or otherwise dispose of 

coal mine methane as necessary for 

mine safety or to mine the coal deposits 

consistent with permitted underground 

mining operations and federal and state 

law and regulation. Lessee shall not be 

obligated or required to capture for use 

or sale coal mine methane that would 

otherwise be vented or discharged if the 

capture of coal mine methane, 

independent of activities related to 

mining coal, is not economically 

feasible or if the coal mine methane 

must be vented in order to abate the 

potential hazard to the health or safety 

of the coal miners or coal mining 

activities. In the event of a dispute 

between lessor and lessee as to the 

economic or other feasibility of 

capturing for use or sale the coal mine 

methane, lessor’s remedy as a prevailing 

party shall be limited to recovery of the 

compensatory royalties on coal mine 

methane not captured for use or sale by 

lessee. Lessee shall have the right to 

continue all mining activities under the 

lease, including venting coal mine 

methane, pending resolution of any 

dispute regarding the application of the 

terms of Sections 3 and 4. 

Sec. 2(c) COAL MINE METHANE 

OPERATIONS AND ROYALTIES— 

Notwithstanding the language in Part II, 

Section 2(a) of this lease, the royalty 


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24676 Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Notices 

shall be 12.5 percent of the value of any 

coal mine methane that is captured for 

use or sale from this lease. For purposes 

of this lease, the term ‘‘capture for use 

or sale’’ shall not include and the 

royalty shall not apply to coal mine 

methane that is vented or discharged 

and not captured for the economic or 

safety reasons described in Part I, 

Section 4 of this lease. Lessee shall have 

no obligation to pay royalties on any 

coal mine methane that is used on or for 

the benefit of mineral extraction at the 

West Elk coal mine. When not 

inconsistent with any express provision 

of this lease, the lease is subject to all 

rules and regulations related to Federal 

gas royalty collection in Title 30 of the 

Code of Federal Regulations now or 

hereinafter in effect and lessor’s rules 

and regulations related to applicable 

reporting and gas measurement now or 

hereinafter in effect 

Severability—In the event any 

provision of this addendum is subject to 

a legal challenge or is held to be invalid, 

unenforceable or illegal in any respect, 

the validity, legality and enforceability 

of this lease will not in any way be 

affected or impaired thereby and lessee 

will retain, in accordance with the terms 

of this lease, the exclusive right and 

privilege to drill for, mine, extract, 

remove or otherwise process and 

dispose of the coal deposits, upon, or 

under the lands described in this lease, 

including the right to vent or discharge 

coal mine methane for safety purposed 

as required by applicable laws and 

regulation. 

Proposed Action (Alternative 2)— 

Includes all of the information common 

to all action alternatives above. Because 

leasing itself does not involve any 

mineral development or surface 

disturbance, it is necessary to project 

the amount of surface use or activity 

that may result during lease 

development in order to disclose 

potential effects and inform decisionmaking. To facilitate analyzing potential 

surface impacts, the analysis will 

assume a reasonably foreseeable mine 

plan (RFMP) for this leasing decision. It 

must be noted however, that decisions 

pertaining to surface use and 

disturbance, with the exception of 

subsidence impacts, are not made at the 

leasing stage. Rather, the decisions 

related to permit-related surface 

activities are made when and if sitespecific surface uses are proposed, and 

are evaluated through the State 

permitting process based on their own 

merits. The environmental effects 

analysis of post-lease surface use and 

disturbance associated with this 

alternative will include subsidence and 

methane drainage well pads. Under the 

regulatory framework of the 2001 

Roadless Area Conservation Rule, future 

road building is prohibited; however 

methane drainage is permitted. 

Alternative 3—Includes all of the 

information common to all action 

alternatives above. Similar to 

Alternative 2, the analysis will assume 

a RFMP for this alternative. However, 

the environmental effects of this 

alternative will be analyzed under the 

regulatory framework of the Proposed 

Colorado Roadless Rule. As the 

proposed rule would apply to this 

leasing decision, temporary road 

building would be allowed. 

Lead and Cooperating Agencies 

Cooperating Agencies: 

Uncompahgre Field Office, Bureau of 

Land Management 

Colorado State Office, Bureau of Land 

Management 

Western Region, Office of Surface 

Mining Reclamation and 

Enforcement 

Colorado Division of Reclamation 

Mining and Safety (pending) 

Responsible Official 

GMUG Forest Supervisor 

Nature of Decision To Be Made 

Given the purpose and need, the 

Authorized Officer will review the 

proposed action, the other alternatives, 

and the environmental consequences in 

order to decide the following: 

• Whether or not to consent to the 

BLM modifying existing Federal Coal 

Lease COC–1362 by adding 800 acres 

according to the Federal Coal Leasing 

Amendments Act of 1976; 

• Whether or not to consent to the 

BLM modifying existing Federal Coal 

Lease COC–67232 by adding 922 acres 

according to the Federal Coal Leasing 

Amendments Act of 1976; 

• Prescribe stipulations needed for 

the protection of non-mineral resources 

by determining if the existing 

stipulations on the parent lease are 

sufficient. If they are not sufficient, 

prescribe additional stipulations that 

will provide for the protection of nonmineral resources. 

The Forest Service Authorized Officer 

will determine if the activity is 

consistent with the GMUG Forest Plan. 

The Forest Service decision will be 

made based on the analysis relative to 

the No Action and Proposed Action 

Alternatives. 

The BLM is preparing a separate 

leasing analysis under their regulations. 

The BLM Colorado State Director is the 

Authorized Officer for the BLM, and 

will decide whether or not to modify the 

existing coal lease under the Mineral 

Leasing Act, as amended, and the 

federal regulations under 43 CFR 3400. 

The Uncompahgre Field Office Manager 

is responsible for providing the State 

Director with briefings and 

recommendations. 

Specifically, the BLM will decide 

whether to: 

• Adopt the No-Action Alternative 

(no leasing); 

• Adopt the proposed action (lease 

the coal as applied for by the 

applicants); 

• Adopt an alternative with features 

of both of the alternatives; or 

• Adopt the action alternative with 

additional mitigation measures. 

BLM cannot issue leases without the 

consent of the surface managing agency. 

OSM is a cooperating agency per an 

existing Memorandum of Understanding 

and may prepare a mining plan 

modification related to the subsequent 

permitting of these lease modifications. 

Preliminary Issues 

Preliminary issues have been 

identified during the preparation of an 

Environmental Assessment. They 

include the following: 

Indirect and Cumulative 

Environmental Effects of Leasing— 

• Surface disturbance other than from 

mining (subsidence) may occur as a 

result of mining. 

• Reasonably foreseeable impacts to 

the surface and other resources may 

occur as a result of mining. 

Mitigation Measures—Forest Service 

must validate the effectiveness of 

proposed mitigation measures. 

Air Quality— 

• Effects of the proposed action may 

occur on air quality including ambient 

ozone, PM2.5, PM10, VOCs, Class I areas 

in compliance with the Clean Air Act. 

• Cumulative effects to air quality 

associated with coal burning may occur 

as a result of the Proposed Action. 

Roadless Character—Roadless 

character in the West Elk Roadless Area 

may be affected either indirectly or 

cumulatively through consenting to 

lease. 

Methane—Alternatives to venting 

including flaring, capture and use, or 

destroying ventilation air (VAM) 

methane must be analyzed in detail. 

Coal Reserve—Address the effects of 

adding coal reserves on coal resource 

recovery. 

Socioeconomics— 

• Coal mining activities are vital to 

the local and regional economies. 

• Coal from the North Fork Valley 

helps fuel clean coal technology and 

provide the USA with low-cost, reliable 

energy. 

Visual Resources—Removal of 

vegetation, ground disturbance and 


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structures related to future surface 

facilities needed to manage methane 

may negatively impact visuals. 

Wildlife—Removal of vegetation 

related to future surface facilities 

needed to manage methane may 

negatively impact Canada lynx. 

Subsidence— 

• Subsidence may affect wildlife 

habitat, including effects to riparian 

habitat 

• Subsidence may affect water 

resources including local water quality 

and quantity. 

• Subsidence may affect cultural 

resources. 

• Subsidence may affect other land 

uses, including range improvements, 

cattle trails and other multiple uses of 

the land. 

Climate Change—Effects on climate 

change may occur from mining coal 

which stem from the release of methane 

through the mine ventilation system, 

release of methane through any gob vent 

boreholes and release of CO2 caused by 

the burning of coal that is mined. 

Scoping Process 

In addition to receiving and 

considering previous comments from 

the public, the agency continues to 

accept and consider public comments to 

guide the development of this 

environmental impact statement and the 

resulting decision. Additional 

comments should clearly articulate the 

reviewer’s concerns and contentions, 

and focus on the adequacy of 

stipulations proposed as they relate to 

the protection of surface resources. 

Comments received in response to this 

solicitation, including names and 

addresses of those who comment, will 

be part of the public record for this 

proposed action. Comments submitted 

anonymously will be accepted and 

considered, however. 

Dated: April 19, 2012. 

Sherry Hazelhurst, 

Acting Forest Supervisor. 

[FR Doc. 2012–9920 Filed 4–24–12; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

National Agricultural Statistics Service 

Notice of Intent To Seek Approval to 

Revise and Extend a Currently 

Approved Information Collection 

AGENCY: National Agricultural Statistics 

Service, USDA. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the intention of the 

National Agricultural Statistics Service 

(NASS) to request revision and 

extension of a currently approved 

information collection, the Egg, 

Chicken, and Turkey Surveys. A 

revision to burden hours will be needed 

due to changes in the size of the target 

population, sampling design, and/or 

questionnaire length. 

DATES: Comments on this notice must be 

received by June 25, 2012 to be assured 

of consideration. 

ADDRESSES: You may submit comments, 

identified by docket number 0535–0004, 

by any of the following methods: 

• Email: ombofficer@nass.usda.gov. 

Include docket number above in the 

subject line of the message. 

• Fax: (202) 720–6396. 

• Mail: Mail any paper, disk, or CD– 

ROM submissions to: David Hancock, 

NASS Clearance Officer, U.S. 

Department of Agriculture, Room 5336 

South Building, 1400 Independence 

Avenue SW., Washington, DC 20250– 

2024. 

• Hand Delivery/Courier: Hand 

deliver to: David Hancock, NASS 

Clearance Officer, U.S. Department of 

Agriculture, Room 5336 South Building, 

1400 Independence Avenue SW., 

Washington, DC 20250–2024. 

FOR FURTHER INFORMATION CONTACT: 

Joseph T. Reilly, Associate 

Administrator, National Agricultural 

Statistics Service, U.S. Department of 

Agriculture, (202) 720–4333. Copies of 

this information collection and related 

instructions can be obtained without 

charge from David Hancock, NASS 

Clearance Officer, at (202) 690–2388. 

SUPPLEMENTARY INFORMATION: 

Title: Egg, Chicken, and Turkey 

Surveys. 

OMB Number: 0535–0004. 

Expiration Date of Approval: October 

31, 2012. 

Type of Request: Intent to seek 

approval to revise and extend a 

currently approved information 

collection. 

Abstract: The primary objective of the 

National Agricultural Statistics Service 

(NASS) is to prepare and issue State and 

national estimates of crop and livestock 

production, disposition, and prices. The 

Egg, Chicken, and Turkey Surveys 

obtain basic poultry statistics from 

voluntary cooperators throughout the 

Nation. Statistics are published on 

placement of pullet chicks for hatchery 

supply flocks; hatching reports for 

broiler-type, egg-type, and turkey eggs; 

number of layers on hand; total table egg 

production; and production and value 

estimates for eggs, chickens, and 

turkeys. The frequency of the surveys 

being conducted include weekly, 

monthly and annually. This information 

is used by producers, processors, feed 

dealers, and others in the marketing and 

supply channels as a basis for 

production and marketing decisions. 

Government agencies use these 

estimates to evaluate poultry product 

supplies. The information is an 

important consideration in government 

purchases for the National School 

Lunch Program and in formulation of 

export-import policy. The current 

expiration date for this docket is 

October 31, 2012. NASS intends to 

request that the surveys be approved for 

another 3 years. 

Authority: These data will be 

collected under the authority of 7 U.S.C. 

2204(a). Individually identifiable data 

collected under this authority are 

governed by section 1770 of the Food 

Security Act of 1985, 7 U.S.C. 2276, 

which requires USDA to afford strict 

confidentiality to non-aggregated data 

provided by respondents. This notice is 

submitted in accordance with the 

Paperwork Reduction Act of 1995 (at 44 

U.S.C. 3501, et seq.) and Office of 

Management and Budget regulations at 

5 CFR part 1320. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated between 8 and 15 minutes 

per respondent per survey. 

Respondents: Farmers, ranchers, farm 

managers, and farm contractors. 

Estimated Number of Respondents: 

3,100. 

Estimated Total Annual Burden on 

Respondents: 4,200 hours. 

Copies of this information collection 

and related instructions can be obtained 

without charge from the NASS 

Clearance Officer, at (202) 690–2388 or 

at: ombofficer@nass.usda.gov. 

Comments: Comments are invited on: 

(a) Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the proposed collection 

of information, including the validity of 

the methodology and assumptions used; 

(c) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on those who are to respond, through 

the use of appropriate automated, 

electronic, mechanical, technological or 

other forms of information technology 

collection methods. All responses to 

this notice will become a matter of 

public record and be summarized in the 

request for OMB approval. 


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