U.S. DEPARTMENT OF THE INTERIOR 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 

FINDING OF NO SIGNIFICANT IMPACT 

Cordero Rojo Mine 

Federal Coal Lease WYW174407 

Mining Plan Modification 

A. Introduction 

Cordero Mining Company (CMC) owns and operates the Cordero Rojo Mine (CRM), located in 

Campbell County, Wyoming, approximately 15 miles south-southeast of Gillette. In 2008, the 

Bureau of Land Management (BLM) issued CRM federal coal lease WYW174407 for one tract 

(also referred to as the “Duvall tract”) within the surface mining permit approved by the 

Wyoming Department of Environmental Quality (WDEQ)-Land Quality Division (LQD), Permit 

No. 237 in accordance with the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 

If approved, this mining plan modification (the Project) would allow the mining of federal coal 

within lease WYW174407, from the date of approval through the life-of-mine (LOM) for the 

tract. The accompanying Environmental Assessment Cordero Rojo Mine Campbell County, Wyoming 

Mining Plan Modification for Federal Coal Lease WYW174407 (hereafter, the EA) details the 

environmental effects of this Project, beginning in December 31, 2016 through the LOM for the 

area. The EA is tiered to the Final Environmental Impact Statement for the Maysdorf Coal Lease 

Application (hereafter 2007 Maysdorf EIS) and the Final Environmental Impact Statement for the 

South Gillette Area Coal Lease Applications (hereafter 2009 SGAC EIS), both of which were 

prepared by the BLM. 

The latest WDEQ-LQD permit renewal for the CRM Permit No. 237 was issued effective January 

30, 2017, and included mining in the Duvall tract associated with portions of federal coal lease 

WYW174407. 

B. Statement of Environmental Significance of the Proposed Action 

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

recommends selection and approval of the Proposed Action (see section C). The undersigned 

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

continuation of mining operations for approximately 2.8 more years and additional surface 

disturbance of approximately 852.1 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 

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 

plan modification related to WYW174407, pursuant to: the requirements of NEPA; the Council 

on Environmental Quality (CEQ), Department of 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 Lands and Minerals (ASLM) on a new decision 

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

Cordero Rojo Mine, Federal Coal Lease WYW174407 

Mining Plan Modification EA FONSI-1 
 

 

 

 

 

 

 

 

 

 

 

Finding of No Significant Impacts 

OSMRE is the lead federal agency responsible for development of the EA because it has the 

decision-making authority regarding a recommendation for the proposed federal mining plan 

modification under the Mineral Leasing Act of 1920 (MLA). 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 an estimated 55.8 million tons (Mt), at an estimated rate of 20 

million tons per year (Mtpy) and with a surface disturbance of 852.1 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. The No Action Alternative would 

not result in a new mining plan decision document from OSMRE or a new decision by the ASLM. 

The attached EA considers the Proposed Action and a reasonable range of alternatives to 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 the public involvement requirements have been met per 

CEQ, Department of Interior (DOI), and OSMRE regulations and guidance. OSMRE conducted 

public outreach for 30 days (August 4 through September 5, 216) and received comments 

regarding the preparation of the EA. The EA and unsigned FONSI were made available to the 

public for review during a 32-day comment period that ended August 7, 2017, prior to OSMRE 

making a final decision. All substantive public comments received to date have been fully 

considered in the EA and in reaching this FONSI. 

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

that would be conducted under the Proposed Action, as described in the following paragraphs. 

Context: CMC proposes to meet demand for coal and continue mine operations through 

approximately 2030 by: 

1. Securing federal mining plan modification approval authorizing mining of leased 

federal coal within a previously authorized area (i.e., WYW174407); and 

2. Continuing to mine, process, and transport coal from the CRM. 

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

estimated 55.8 Mt of federal coal at an estimated rate of 20 Mtpy and a surface disturbance of 

852.1 acres. The effects of the action have been analyzed at the local and regional scale. 

Intensity: The following discussion is organized around the 10 Significance Criteria described 

within the Federal regulations at 40 CFR 1508.27. The following criteria have been considered in 

evaluating the severity of impacts for this proposal. 

FONSI-2 Cordero Rojo Mine, Federal Coal Lease WYW174407 

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Finding of No Significant 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, mitigation measures related to air quality, migratory birds, 

special status species, cultural resources, and paleontological resources are required by the stateapproved mine permit and stipulations to the federal coal lease and approved mining plan. 

The contribution of the Proposed Action to greenhouse gas (GHG) emissions to Wyoming and 

U.S. totals would be minor and short-term. The direct impacts on air quality from a state and 

U.S. comparison are considered to be moderate and short-term. Regionally, the comparative 

emissions are higher, but the region has and is expected to remain in attainment. Indirectly, the 

Proposed Action would 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 are considered moderate 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 moderate, short term, long term, and 

permanent. Impacts to cultural resources would be negligible and long term. 

The Proposed Action would result in considerable beneficial impacts to socioeconomics in the 

area of influence. There would be an extension of employment for approximately 383 employees, 

primarily from Campbell County, Wyoming up to approximately 2.8 years. The Proposed Action 

represents an estimated economic benefit to this area over the 14-year LOM for wages, goods 

and services related to the mining operation, and payment of federal, state, and local taxes. The 

socioeconomic benefits are derived from payroll, insurance, retirement contributions, local 

expenditures, taxes, and federal coal royalty payments. 

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 entirely on private lands and public access to the area affected by 

mining is strictly controlled by the mine. 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. 

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Finding of No Significant Impacts 

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, jurisdictional 

wetlands, or ecologically critical areas within the EA project area. Inventories of historic or 

cultural resources have been completed for the EA project area and no sites within the Proposed 

Action tract are classified as National Register of Historic Places (NRHP) eligible sites that would 

require mitigation prior to disturbance. 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 

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 climate change and determined 

the effects to be minor and short-term and negligible and long-term, respectively. Approvals of 

federal mining lands and mining plan modifications have been made in the area for several decades. 

The environmental design features and reclamation plan would reduce the effects on the 

environment, or, in some cases, would improve the current condition (e.g., soils, vegetation, and 

wildlife habitat). 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: 

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. The issues considered in the EA were developed by 

OSMRE within the context of past, present, and reasonably foreseeable actions. Significant 

cumulative impacts are not anticipated. 

FONSI-4 Cordero Rojo Mine, Federal Coal Lease WYW174407 

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Finding of No Significant Impacts 

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 CRM and other 

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

U.S., ranching, livestock grazing, recreation, and oil and gas development. 

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 no NRHP-eligible sites 

have been identified within the Proposed Action tract. 

BLM consulted representatives of 18 Native American tribes during the preparation of the 2007 

Maysdorf EIS. In addition, OSMRE sent out public outreach and Tribal consultation letters to 18 

Native American tribes that could be affected by the Proposed Action evaluated in this EA. No 

Native American tribes responded to OSMRE’s consultation request. 

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 current U.S. Fish and Wildlife Service (USFWS) list of T&E species that may occur in 

Campbell, County, Wyoming includes the northern long-eared Bat (Myotis septentrionalis) and the 

Ute ladies-tresses (ULT) (Spiranthes diluvialis) (USFWS 2016). 

The northern long-eared bat is listed as threated for the CRM area but has not been observed in 

the area in the past or in 2016. Habitat for northern long-eared bats (caves and mine shafts as 

winter habitat and caves, mine shafts, and trees for summer habitat) is not present within the 

Duvall tract. No northern long-eared bat populations have been documented within Campbell 

County; additionally, the proposed project as defined in the EA does not fall within the area of 

influence (AOI) for the northern long-eared bat (USFWS 2017). 

The ULT is a threatened plant species with an affinity for wetlands. Surveys at CRM for this plant 

species are conducted in suitable habitats within one year of disturbance of those habitats. 

Surveys were not completed in 2016 as no disturbance in suitable habitat was planned to occur 

during that year. No ULTs have been found during previous surveys within the permit area or 

adjacent areas. Habitat for ULT within the permit area is considered poor to unsuitable (CRM 

2016b). 

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Finding of No Significant Impacts 

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 CRM 

would promote the return of the species once reclamation has been completed. 

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: 

The Proposed Action would not violate any 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. 

FONSI-6 Cordero Rojo Mine, Federal Coal Lease WYW174407 

Mining Plan Modification EA