Spring Creek Mine TR1 EA FONSI-1

U.S. DEPARTMENT OF THE INTERIOR

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

FINDING OF NO SIGNIFICANT IMPACT

Spring Creek Mine

Federal Coal Lease MTM-069782

Federal Mining Plan Modification

A. Introduction

Spring Creek Coal Limited Liability Company (SCC) owns and operates the Spring Creek Mine

(SCM), which is located in Big Horn County, Montana, approximately 32 miles north of Sheridan, 

Wyoming. In 2010, the Bureau of Land Management (BLM) modified federal coal lease

MTM-069782 to add one tract within the surface mining permit SMP C1979012 issued by the 

Montana Department of Environmental Quality (MDEQ) in accordance with the Surface Mining 

Control and Reclamation Act of 1977 (SMCRA) and the MDEQ Mining Bureau Coal Section (30 

CFR Part 926.30). If approved, this mining plan (the Project) would allow the mining of federal 

coal within lease MTM-069782, and more specifically within a tract of land known as TR1, from 

the date of approval through the life-of-the mine. The accompanying Environmental Assessment 

Spring Creek Mine Big Horn County, Montana Mining Plan for Federal Coal Lease MTM-069782

(hereafter, the EA) details the environmental effects of this Project, beginning in 2017 through 

the life-of-mine (LOM) for the area. The EA is tiered off and incorporates by analyses included in 

the Environmental Assessment for Spring Creek Coal Lease Modification MTM-069782 and Amendment 

to Land Use Lease MTM-74913 (hereafter 2010 LBM EA) (BLM 2010).

On March 2, 2012, SCC submitted an application (Minor Revision [MR] 168) to revise MDEQapproved SMP C1979012 to include recovering the federal coal within the TR1 tract and address 

the revised Land Use Lease (LUL). MDEQ determined that the revision was actually a major 

revision due to the increased bond amount and land disturbance amounts. SCC resubmitted the 

application on September 30, 2013 as the TR1 Major Permit Revision. This MDEQ permit revision 

was approved on March 27, 2020. 

As discussed in chapter 4 of this EA, environmental protection measures required by SMP 

C1979012 (in accordance with MDEQ Rules and Regulations) and SCM air quality permit MAQP 

#1120-12 will offset/reduce potential resource impacts. 

B. Statement of Environmental Significance of the Proposed Action

Pursuant to 30 CFR Part 746, Office of Surface Mining Reclamation and Enforcement (OSMRE)

is recommending selection and approval of the Proposed Action (see section C). The 

undersigned person has determined that approval of a federal mining plan authorizing 

continuation of mining operations for approximately 3.0 more years and additional surface 

disturbance of approximately 728.4 acres to recover the federal coal would not have a significant 

impact on the quality of the human environment under Section 102(2)(C) of the National 

Environmental Policy Act (NEPA), 42 USC 4332(2)(C); therefore, an Environmental Impact 

Statement (EIS) is not required.

C. Reasons for a Finding of No Significant Impact

OSMRE prepared the EA to satisfy OSMRE’s requirements under NEPA. OSMRE prepared this 

EA to re-evaluate the environmental effects resulting from the currently approved federal mining 
Finding of No Significant Impacts

FONSI-2 Spring Creek Mine TR1 EA

plan related to MTM-069782, pursuant to the requirements of NEPA; the Council on 

Environmental Quality (CEQ), Department of the Interior (DOI), and OSMRE regulations; and 

guidance regarding implementing NEPA. As part of the re-evaluation process, OSMRE will make 

a recommendation to the Assistant Secretary of Land and Minerals Management (ASLM) on a 

new decision to approve, disapprove, or approve the mining plan with conditions. 

OSMRE is the lead federal agency responsible for development of this EA because, under the 

SMCRA and Mineral Leasing Act (MLA), OSMRE will prepare a mining plan decision document 

(MPDD) in support of its recommendation to the ASLM regarding federal mining plans or mining 

plan modifications to either approve, approve with conditions, or deny the proposed mine plan. 

The ASLM will decide whether the mining plan is approved, disapproved, or approved with 

conditions. As such, this EA followed the CEQ’s, DOI’s, and OSMRE’s regulations and guidance 

for implementing NEPA. The EA analyzed the potential impacts associated with the Proposed 

Action and No Action Alternative. The Proposed Action would authorize mining of 

approximately 56.3 million tons (Mt) and recovery of approximately 53.5 Mt of federal coal, at 

an estimated rate of 18.0 million tons per year (Mtpy) and with a surface disturbance of 728.4

acres. The Proposed Action includes design features to reduce or eliminate potential adverse 

impacts to the environment.

The EA also analyzed the impacts of the No Action Alternative. Under the No Action Alternative 

OSMRE would not recommend and the ASLM would not approve the proposed mining plan. 

The attached EA considers the Proposed Action, discloses the potential environmental effects of 

the Proposed Action and reasonable alternatives, and provides sufficient evidence and support 

for this Finding of No Significant Impacts (FONSI). The EA was prepared by a third-party 

consulting firm at the direction of OSMRE. During the development of the EA, OSMRE 

independently reviewed the document to ensure compliance with 43 CFR Part 46, Subpart D and 

all relevant provisions of CEQ regulations, and other program requirements. This independent 

review included OSMRE’s evaluation of all environmental issues disclosed in the EA and also those 

identified in comments received from the public. OSMRE takes full responsibility for the accuracy, 

scope, and the content of this document.

The undersigned has determined that, per CEQ, DOI, and OSMRE regulations and guidance, the 

public involvement requirements have been met. OSMRE conducted public outreach and received 

comments regarding the scope of the EA from September 10, 2015 through October 10, 2015.

The OSMRE conducted a 30-day public comment period for the EA and unsigned FONSI from 

February 13, 2020 to March 13, 2020. All substantive public comments received to date have 

been fully considered in the EA and in reaching this FONSI (Appendix A of the EA).

This finding is based on the context and intensity of the proposed federal mining plan that would

be conducted under the Proposed Action, as described in the following paragraphs.
Finding of No Significant Impacts

Spring Creek Mine TR1 EA FONSI-3

a) Context: This means that the significance of an action must be analyzed in several contexts 

such as society as a whole (human, national), the affected region, the affected interests, and 

the locality. Significance varies with the setting of the proposed action. For instance, in the 

case of a site-specific action, significance would usually depend upon the effects in the locale 

rather than in the world as a whole. Both short- and long-term effects are relevant.

SCC proposes to meet demand for coal and continue mine operations through approximately 

2027 by

1. securing federal mining plan approval authorizing mining of leased federal coal within a 

previously authorized area (i.e., MTM-069782), and

2. continuing to mine, process, and transport coal from the SCM.

Approval of the Proposed Action is a site specific action that would authorize mining of 

approximately 56.3 Mt of federal coal at a maximum rate of 18.0 Mtpy and a surface 

disturbance of 728.4 acres. The effects of the action have been analyzed at the local, state, 

regional, national and global scales as deemed appropriate for each resource.

b) Intensity: This refers to the severity of impact. Responsible officials must bear in mind that 

more than one agency may make decisions about partial aspects of a major action. The 

following should be considered in evaluating intensity.

OSMRE has considered the 10 Significance Criteria in the federal regulations at 40 CFR 1508.27 

in evaluating the severity of impacts.

1. Impacts that may be both beneficial and adverse:

Beneficial and adverse impacts of the Proposed Action are described in the attached EA. 

Environmental design features to reduce potential short-term and long-term impacts to 

topography, air quality, water resources, vegetation, fish and wildlife, threatened and endangered 

(T&E) species, cultural resources, visual resources, and soils are incorporated into the design of 

the Proposed Action. Additionally, environmental protection measures to minimize impacts to 

air quality, migratory birds, special status species, cultural resources, and paleontological 

resources are required by stipulations of the federal coal lease and the mining permit as approved 

by the SMCRA-designated Regulatory Authority (RA), MDEQ. The contribution of the Proposed 

Action to greenhouse gas (GHG) emissions, both to Wyoming, Montana, U.S. and global totals 

would be minor to moderately adverse and short-term. The direct and indirect impacts on air 

quality and air quality related values from a state and U.S. comparison are considered to be minor 

to moderately adverse and short term. Regionally (Big Horn County, Montana and Sheridan 

County, Wyoming), the comparative emissions are higher, but the region has and is expected to 

remain in attainment. The Proposed Action would indirectly contribute to criteria emissions and 

GHG emissions through rail transport and the combustion of coal at power plants located 

throughout the U.S. The indirect impacts on air quality including GHGs are considered 

moderately adverse and short term. The direct and indirect effects to topography, geology, water 

resources, soils, vegetation, fish and wildlife, species of special interest, visual resources, and noise 

are considered moderately adverse, short term, long term, and permanent. Impacts to cultural 

resources would be negligible and long term.
Finding of No Significant Impacts

FONSI-4 Spring Creek Mine TR1 EA

The Proposed Action would result in moderate and short-term impacts to socioeconomics in 

the area of influence. There would be an extension of employment for approximately 243

employees, primarily from Sheridan County, Wyoming of up to approximately 3.0 years. The 

Proposed Action represents an economic impact to this area over the LOM through payment of

wages, purchases of goods and services related to the mining operation, and payment of federal, 

state, and local taxes. The socioeconomic impacts are derived from payroll, insurance, retirement 

contributions, local expenditures, taxes, and federal coal royalty payments (EA section 4.17).

None of the environmental effects discussed in the EA are considered to be significant.

2. The degree to which the Proposed Action affects public health or safety:

The EA project area is located primarily on private lands and the mining activities do not cross 

any public roads. Approximately 80 acres are federal surface, managed by BLM. All mine activities 

with potential public exposure would also be subject to state mine permit approval and review 

by the Mine Safety and Health Administration (MSHA), which include safety standards. 

Precautions for public health and safety would also be implemented during transport of 

equipment along public roads to and from the EA project area. Emissions and effluent limits are 

within approved standards, as required by state permits, thereby limiting potential impacts to 

public health. Noise levels at the nearest residences would be well below levels that would affect 

human health. Potential risks to public health and safety would be negligible and would occur over 

limited, brief periods. After full reclamation has occurred, no public health or safety concerns are 

expected, and the federal surface will continue to be managed by the BLM for public use and 

enjoyment.

3. Unique characteristics of the geographic area such as proximity to historic or cultural 

resources, park lands, prime farm lands, wetlands, wilderness, wild and scenic rivers, or 

ecologically critical areas:

There are no park lands, prime farmlands, wilderness, wild and scenic rivers, or ecologically

critical areas within the EA project area. There are no jurisdictional wetlands (aquatic resources) 

within the tract boundary (EA section 4.7). Inventories of historic or cultural resources have 

been completed for the EA project area and, as confirmed by the Montana State Historic 

Preservation Office (SHPO), one site (24BH3392) within the Proposed Action tract is classified 

as a National Register of Historic Places (NRHP) eligible site that would require mitigation prior 

to disturbance (EA section 4.12). Additional cultural resources discussions are included below 

under Item 8.

4. The degree to which the impacts on the quality of the human environment are likely to 

be highly controversial:

As a factor for determining within the meaning of 40 CFR 1508.27(b)(4) (whether or not to 

prepare a detailed EIS) “controversy” is not equated with “the existence of opposition to a use.” 

Northwest Environmental Defense Center v. Bonneville Power Administration, 117 F.3d 1520, 1536 (9th 

Cir. 1997). The term ‘highly controversial’ refers to instances in which “a substantial dispute 

exists as to the size, nature, or effect of the major federal action rather than the mere existence 
Finding of No Significant Impacts

Spring Creek Mine TR1 EA FONSI-5

of opposition to a use” Hells Canyon Preservation Council v. Jacoby, 9 F.Supp.2d 1216, 1242 (D. Or. 

1998).

The EA has analyzed the direct and indirect effects on and from greenhouse gasses/climate change 

and, as discussed in section 4.4.5 of this EA, and determined the effects to be moderate and 

short-term. Approvals of federal mining plans and mining plan modifications have been made in 

the area for several decades. Stipulations for the MTM-069782 federal coal lease remain in effect 

and would be carried forward if the federal mining plan modification is approved by the ASLM.

No other anticipated effects have been identified that are scientifically controversial.

5. The degree to which the possible effects on the human environment are highly uncertain 

or involve unique or unknown risks:

As discussed above, there are no effects on the human environment under the Proposed Action

that are highly uncertain or involve unique or unknown risks. OSMRE has experience 

implementing similar actions in similar areas.

6. The degree to which the action may establish a precedent for future actions with 

significant effects or represents a decision in principal about future considerations:

This decision is not precedent setting. OSMRE developed the issues considered in the EA within 

the context of past, present, and reasonably foreseeable actions. Chapter 4 of the EA contains a 

discussion of potential cumulative impacts for each resource brought forward for analysis.

Significant cumulative impacts are not anticipated.

7. Whether the action is related to other actions with individually insignificant but 

cumulatively significant impacts – which include connected actions regardless of land 

ownership:

OSMRE evaluated the possible issues in context of past, present, and reasonably foreseeable 

activities, including past, present, and reasonably foreseeable mining for the SCM and other mining 

operations in the region, the combustion of that coal at coal-fired power plants in Rosebud

County, agriculture, livestock grazing, recreation, and oil and gas development. 

Per Sections 4.4.6.1 and 4.4.6.2, both the indirect and cumulative effects of coal combustion were 

disclosed in the EA. There were no significant cumulative effects identified.

8. The degree to which the action may adversely affect districts, sites, highways, structures, 

or other objects listed in or eligible for listing in the National Register of Historic Places 

(NRHP) or may cause loss or destruction of significant scientific, cultural, or historical 

resources:

The EA project area was surveyed for cultural and historic resources and, as confirmed by the 

Montana SHPO, one site (24BH3392) within the Proposed Action tract is classified as an NRHP 

eligible site that would require mitigation prior to disturbance (EA section 4.12). A data 

recovery plan for site 24BH3392 was initially developed during the BLM leasing process through

the Section 106 consultation and approved by the SHPO at that time. The data recovery plan has 
Finding of No Significant Impacts

FONSI-6 Spring Creek Mine TR1 EA

been included as a condition of the SMCRA permit approval by the MDEQ before mining in the 

TR1 tract can begin. MDEQ has documented SHPO concurrence on the data recovery plan. The 

data recovery plan has also been approved by the SHPO per a signed Memorandum of Agreement

with OSMRE

BLM consulted representatives of Native American tribes during the preparation of the 2010

LBM EA. In addition, OSMRE sent out Tribal consultation letters to Native American tribes that 

could be affected by the Proposed Action evaluated in this EA. The consultation letters were sent 

on two separate occasions during the preparation of the EA. No Native American tribes have

responded to OSMRE’s consultation request for the Proposed Action. 

9. The degree to which an action may adversely affect a threatened or endangered (T&E) 

species or its habitat that has been determined to be critical under the Endangered 

Species Act of 1973 (ESA):

The potential to affect T&E species as well as proposed and final designated critical habitat that 

may occur within the designated SCM TR1 analysis areas, was evaluated by utilizing the U.S. Fish 

and Wildlife Service’s (USFWS) Information, Planning, and Conservation System (IPaC) 

consultation process. IPaC species assessments fulfill the requirements of the USFWS under 

section 7(c) of the Endangered Species Act of 1973 (ESA). The USFWS suggests that a biological 

evaluation similar to a biological assessment be prepared to determine whether the project may 

affect listed or proposed species and/or designated or proposed critical habitat. Detailed 

biological evaluations of T&E species, including conservation measures, were included in Section 

3.10 of the 2010 LBM EA and in sections 3.10.4 and 4.10.4 of this EA.

The vertebrate T&E species discussed in Section 3.10.7 of the 2010 LBM EA included evaluations 

of bald eagles (Haliaeetus leucocephalus), interior least terns (Sterna antillarum athalassos), and 

black-footed ferrets (Mustela nigripes). The current USFWS list of T&E species that may occur in 

Big Horn County, Montana only includes the black-footed ferret (USFWS 2017a). The bald eagle 

was removed from the federal list of T&E species on August 9, 2007 (USFWS 2011) and the 

interior least tern is not included on the current T&E list for Big Horn County (USFWS 2017b). 

The USFWS has not designated any “critical” habitat for any species in the vicinity of the SCM at 

this time (USFWS 2017a). While the official list of T&E species that may occur in the area specific 

to MTM-069782 (USFWS 2017b) indicated that there are no listed species identified within the 

project area, the one species included on the county list will be reevaluated. The current USFWS

list of T&E species that may occur in Big Horn County, Montana includes the black-footed ferret 

(USFWS 2017).

The black-footed ferret is listed as endangered for the SCM area. Based on information in the 

USFWS’s (2013) recent update to the Black-footed Ferret Recovery Plan, the SCM is not located 

near an active or potential reintroduction area for this species. Because black-footed ferrets have 

not been documented in the area, there would be no effect to black-footed ferrets as a result of 

the Proposed Action.

In the unlikely event that T&E species would be encountered as a result of the Proposed Action, 

they would be temporarily displaced; however, current reclamation practices in place at the SCM

would promote the return of T&E species once reclamation has been completed.
Finding of No Significant Impacts

Spring Creek Mine TR1 EA FONSI-7

10. Whether the action threatens a violation of a federal, state, local, or tribal law, 

regulation, or policy imposed for the protection of the environment, where non-federal 

requirements are consistent with federal requirements:

As described in section 1.2.3 of the EA, the Proposed Action is in compliance with known 

federal, state, local, or tribal laws or requirements imposed for the protection of the 

environment. During the public and agency involvement for this EA, state, local, and tribal 

interests were given the opportunity to participate in the EA process. The Proposed Action is 

consistent with applicable plans, policies, and programs.

_______________________________ _________________________________

Marcelo Calle, Manager Date

Program Support Division

Regions 5, 7, 8, 9, 10 and 11

OSMRE