RECORD OF DECISION

San Juan Mine Deep Lease Extension Mining Plan Modification

San Juan County, New Mexico

Office of Surface Mining Reclamation and Enforcement

April 2019
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1. INTRODUCTION

Westmoreland San Juan Mining, LLC (SJCC) submitted a mine permit application package 

(PAP) on January 22, 1998, to the New Mexico Mining and Minerals Division (MMD) for a new 

permit area (NM-99144), known as Deep Lease Extension (DLE, project, or project area), at the 

San Juan Mine, an existing underground coal mine in Waterflow, New Mexico (NM). SJCC, a 

subsidiary of Westmoreland Coal Company (Westmoreland), is the operator of the San Juan 

Mine and the project proponent. As proposed by SJCC, the new permit area would add 4,465 

acres and approximately 53.6 million tons of recoverable Federal coal to the San Juan Mine, 

extending the operational life of the mine by 10 - 15 years. The DLE is located on public land 

that is federally managed by the Bureau of Land Management (BLM). Surface impacts would 

include subsidence, which occurs progressively behind the longwall mining area, resulting in a 

surface expression that generally ranges from four to eight feet and areas for construction of gob 

vents, rescue chambers, ventilation shafts, and access roads in the DLE. Postmining land use in 

the project area includes grazing land and wildlife habitat. 

To analyze environmental impacts of this proposed federal mining plan modification, the United 

States Department of the Interior (DOI), Office of Surface Mining Reclamation and Enforcement 

(OSMRE) Western Region Office prepared an Environmental Impact Statement (EIS) for the 

San Juan Mine DLE Project. The DOI BLM Farmington Field Office, New Mexico MMD, U.S. 

Environmental Protection Agency (EPA), and U.S. Fish and Wildlife Service (USFWS) acted as 

cooperating agencies. The EIS meets the respective requirements of the National Environmental 

Policy Act (NEPA) (42 United States Code (USC) § 4321 et seq.); the Council on Environmental 

Quality’s (CEQ) NEPA regulations (40 Code of Federal Regulations (CFR) Parts 1500 to 1508); 

DOI’s NEPA regulations (43 CFR 46) and Department Manual 516; and the OSMRE NEPA 

Handbook. The applicable statutes and regulations for the OSMRE, as well as the decisions to be 

made, are described in the Final EIS (FEIS). The opportunity for public input was provided 

during public scoping and after issuance of the Draft EIS (DEIS). Responses to these comments 

are provided in Appendix B of the FEIS, and the FEIS adequately and accurately assesses the 

environmental impacts of the proposed mining plan action. 

This document constitutes the Record of Decision (ROD) of the OSMRE Western Region 

Office, documenting its selected alternative in accordance with NEPA (40 CFR 1505.2). 

OSMRE will prepare a Mining Plan Decision Document (MPDD) for the DOI Assistant 

Secretary for Land and Minerals Management (ASLM) with its recommendation about the 

proposed federal mining plan modification for the project area. A MPDD will be prepared 

because SJCC’s proposed project includes leased Federal coal and requires a modification to 

SJCC’s Federal mining plan. The ASLM will decide to approve, disapprove, or conditionally 

approve the mining plan modification for the project area.

The OSMRE’s original NEPA analysis and the ASLM’s 2008 decision for the DLE were 

challenged in WildEarth Guardians v. U.S. Office of Surface Mining et al., Case 1:14-cv-00112–

RJ–CG (D.N.M. 2016). In the legal proceedings, the OSMRE requested and received a voluntary 
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remand, as approved by the U.S. District Court for the District of New Mexico on August 31, 

2016. The court-approved voluntary remand required the OSMRE to prepare an EIS that 

rigorously analyzes the reasonably foreseeable impacts of the mining plan modification, 

including examination of air quality impacts. The OSMRE must complete the EIS and ROD, and 

the MPDD must be signed by the ASLM by August 31, 2019.

Therefore, in addition to the NEPA guidelines cited above, this EIS has been prepared in 

accordance with the Court’s order and the NEPA regulations listed in Section 1 of the FEIS. It 

evaluates the potential impacts of mining within the DLE area per the Mining Plan Modification 

approved by the ASLM in 2008, including the indirect impacts (including air quality) of 

combustion of the total volume of coal to be mined for power generation. This EIS also analyzes 

the impacts of other reasonable alternatives, including the No Action alternative. 

The EIS considers both current and future operations at the San Juan Mine and the indirect 

effects of combustion of the coal. Mining of the DLE was initiated upon ASLM’s approval of the 

Mining Plan Modification in 2008; therefore, the timing of the Court’s order requires that the 

EIS include both a retrospective and prospective analysis component. For the retrospective 

component (2008-2017), the EIS addresses mining at a rate of approximately 6 million tons per 

year (tpy) and indirect effects of combustion at the Generating Station Units 1, 2, 3, and 4, with 

Units 1 and 4 equipped with selective non-catalytic reduction (SNCR) emission control devices 

beginning in January 2016. For the prospective component (2018-2033), which considers 

compliance with the revised State Implementation Plan (SIP) for Regional Haze, the EIS 

addresses mining at a rate of approximately 3 million tpy and the indirect effects of combustion 

at the Generating Station Units 1 and 4 equipped with SNCR emission control devices.

2. BACKGROUND

The San Juan Mine began as a surface mining operation in 1973 to supply coal to the adjacent 

Generating Station. San Juan Mine is the exclusive supplier of coal to the Generating Station, 

until their contract expires in 2022. The first surface coal lease for the mine was granted on 

September 29, 1972, to the Public Service Company of New Mexico (PNM), Tucson Electric 

Power Company (TEP), and Western Coal Company. The mine began as a surface operation 

using truck and shovel and dragline mining techniques to mine coal on BLM, State of New 

Mexico, and private lands. 

In 2001, the ASLM approved a Mining Plan Modification for the San Juan Mine to allow the San 

Juan Mine to transition from a surface mining operation to an underground longwall mining 

operation. Following approval, SJCC began mining underground in 2002 in the Deep Lease area 

pursuant to Federal Coal Lease NM-028093, which was approved by the BLM in 1980, and 

approved by the ASLM on January 11, 2001. 

In 1998, the BLM issued its decision record for the Proposed Coal Leasing Area RMP 

Amendment/Environmental Assessment, which amended the 1988 Farmington RMP to include 

Federal Coal Lease NM-99144 for the San Juan Mine’s DLE (BLM/FFO 1998). With the 

addition of the DLE to the Deep Lease area, the total surface acreage of the leased area at San 
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Juan Mine (Surface, Deep Lease, New Mexico State Leases, and DLE) is 18,509 acres. 

Subsequently, the SJCC submitted a proposed Mining Plan Modification to begin mining within 

the DLE. The New Mexico MMD approved the PAP for the DLE Mining Plan Modification on 

October 22, 1999, and the Mining Plan Modification was approved by the ASLM on January 17, 

2008. Pursuant to the court-approved voluntary remand, the DOI is reevaluating the impacts of 

mining in the DLE, not the Deep Lease area, as part of the Proposed Action for this EIS. 

With the 2008 Mining Plan Modification, the total permitted area for mining (Surface, Deep 

Lease, New Mexico State Leases, and DLE) comprises 17,740 acres. The difference between the 

leased and permitted acreage is due to portions of San Juan Mine achieving final bond release, 

which has reduced the acreage from the permitted area while remaining within the leased area. 

The SJCC proposes to continue longwall mining within the DLE through 2033. Between 2008 

and 2017, the SJCC mined approximately 6 million tpy to supply the Generating Station. 

Beginning in 2018, the rate of mining was reduced by about half due to shutdown of Units 2 and 

3, supplying approximately 3 million tpy to the Generating Station annually through 2033. Table 

1 summarizes the lease areas and acres of disturbance at the San Juan Mine. Figure 1 shows the 

location of each of the lease areas within the San Juan Mine.

Table 1: Summary of Lease Areas

Resource Areas Total Acreage Disturbed Area 

(acres) 

Reclaimed Area 

(acres) Mining Period 

Surface Mining 

Leases 8,519 5,105 3,195 1973-2001 

Deep Lease 13,982 420 200 2002-Present 

Deep Lease Extension 4,464.87 172 100 2010-Present 

State Lease MC-0087 640 0 0 Not mined 

State Lease MC-0088 646 53 46 2007-2011 

State Lease HC-0004 257 12 7 2005-2006 
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Figure 1. Location of San Juan Mine Lease Areas

3. AGENCY AUTHORITY AND ACTION

This EIS satisfies the NEPA requirements of the court-approved voluntary remand to re-evaluate 

the environmental impacts of the PAP for the proposed Mining Plan Modification submitted by 

the SJCC to the New Mexico MMD on January 22, 1998. The New Mexico MMD approved the 

underground mining permit for the DLE in 1999, and the BLM approved the lease for the DLE 

in 1998. The Court’s order has no bearing on these decisions or approvals; however, the OSMRE 

requested that both the BLM and the New Mexico MMD participate as Cooperating Agencies for 

this EIS. 

In addition to this NEPA review, the OSMRE’s Federal action requires two other consultations: 

Section 7 of the Endangered Species Act (ESA) and Section 106 of the National Historic 

Preservation Act (NHPA). These consultations were implemented in parallel to the NEPA 

process; each analysis provides useful information to the others, but they followed separate 

tracks and satisfied separate legal requirements. 
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3.1. LEAD AGENCY – OFFICE OF SURFACE MINING RECLAMATION AND 

ENFORCEMENT 

The OSMRE is the Lead Agency directing EIS preparation for the Project. The OSMRE will 

make a recommendation to the ASLM about decisions on the proposed DLE Mining Plan 

Modification, specifically whether to approve, approve with conditions, or disapprove the 

proposed Mining Plan Modification, and associated reclamation activities, in the DLE of the San 

Juan Mine. 

3.2. COOPERATING AGENCIES

As defined in the NEPA regulations, (40 CFR 1508.5), “cooperating agency” means any Federal 

agency other than a Lead Agency, which has jurisdiction by law or special expertise with respect 

to any environmental impact involved in a proposal (or a reasonable alternative) for legislation 

significantly affecting the quality of the human environment. A state or local agency of similar 

qualifications may, by agreement with the lead agency, become a cooperating agency. There are 

four Cooperating Agencies on this EIS, and each is providing technical assistance to the OSMRE 

in the development of this EIS: BLM, New Mexico MMD, USFWS, and EPA. The role of each 

is described in Table 2.

Table 2: Cooperating Agencies for the NEPA Process

Agency Role 

Bureau of Land Management In 1998, the BLM issued a decision record for the Proposed Coal 

Leasing Area RMP Amendment/Environmental Assessment, which 

amended the 1988 Farmington RMP to include the Federal Coal Lease 

NM–99144 for the San Juan Mine’s DLE for the proposed maximum 

economic recovery of coal. The BLM also approved the surface lease 

for the lands occupied by the San Juan Mine, which are located on 

Federal land overseen by the BLM. The BLM also approved the 

Resource Recovery and Protection Plan and consulted with the 

OSMRE and provided comments on the OSMRE’s original 2008 

decision. The BLM provided technical assistance to the OSMRE in the 

preparation of this EIS and consulted with the OSMRE along with the 

New Mexico State Historic Preservation Officer (SHPO) to identify 

and evaluate potential impacts to cultural resources under Section 106 

of the NHPA. 

New Mexico Mines and Minerals Division The New Mexico MMD approved the PAP for the Mining Plan 

Modification for the DLE in 1999. The New Mexico MMD provided 

technical assistance to the OSMRE in the preparation of this EIS. 

U.S. Fish and Wildlife Service As Lead Agency, the OSMRE is required to consult with the FWS 

under Section 7 of the ESA before making any decision about the 

Project. The ESA consultation was conducted concurrent with the 

NEPA process, and the FWS participated as a cooperating agency in 

the EIS process. In 2005, OSMRE consulted with and provided a BA 

to FWS for the Mining Plan Modification. FWS provided a letter of 

concurrence on July 7, 2005. 

U.S. Environmental Protection Agency The EPA Region 6 participated as a cooperating agency in this EIS 

process and provided technical assistance in air and water quality to 

the OSMRE in the preparation of this EIS. 
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4. PURPOSE AND NEED

The purpose of the Proposed Action is established by the Mineral Leasing Act of 1920, as 

amended, which requires the evaluation of SJCC’s proposed Mining Plan Modification for the 

DLE to continue underground mining and reclamation operations to develop Federal coal lands 

included in Federal Coal Lease NM-99144. The OSMRE is the agency responsible for making a 

recommendation to the ASLM to approve, disapprove, or approve with conditions the proposed 

Mining Plan Modification under 30 CFR Part 746. The ASLM will decide whether the Mining 

Plan Modification is approved, disapproved, or approved with conditions. Mining cannot 

continue in the DLE beyond August 31, 2019 (the deadline of voluntary remand) without this 

approval. 

The purpose of this action is to evaluate the environmental effects of coal mining on the 

proposed portions of Federal Coal Lease NM-99144 within the San Juan Mine, which will assist 

the OSMRE in developing a recommendation to the ASLM whether to approve, disapprove, or 

approve with conditions the Federal Mining Plan Modification. ASLM approval of the Federal 

Mining Plan Modification is necessary to mine the coal. 

The need for this action is to provide the SJCC the opportunity to mine the Federal coal obtained 

under Federal Coal Lease NM-99144 (issued by the BLM in 1998) located at the San Juan Mine.

The applicant’s objective for the Project (proposed Mining Plan Modification) is to allow 

continued operations at the San Juan Mine within the DLE through 2033. The Project would be 

accomplished in a manner consistent with the approved BLM lease agreement, the BLM 

Resource Recovery and Protection Plan, and all pertinent Federal and state regulations.

5. DECISION

The NEPA Implementing Regulations (40 CFR 1502.14(e)) requires the OSMRE to identify an 

alternative from among those analyzed in the FEIS as the agency preferred alternative. Three 

alternatives were analyzed in the FEIS: Alternative A– Proposed Action, Alternative B –

Continuation of San Juan Mine Operations Following Generating Station Shut-Down in 2022, 

and Alternative C – No Action. The OSMRE has selected Alternative B as the agency’s 

preferred alternative. The preferred alternative incorporates all practicable means to avoid or 

minimize environmental harm.

In compliance with 40 CFR 1505.2(b), the following sections briefly describe the preferred

alternative, other alternatives considered, and the environmentally preferable alternative. Chapter 

2 of the FEIS includes detailed descriptions of the alternatives. The OSMRE’s rationale for its 

selection of Alternative B is provided in Section 5.5, Basis for Decision.
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5.1. DESCRIPTION OF THE SELECTED ALTERNATIVE

In this alternative, the OSMRE would recommend to the ASLM that the DLE be approved, and it 

is assumed that coal would be supplied to the Generating Station until 2022 and the remaining 

annual production from 2023 through 2033 would go to the open market, including a possible 

future buyer of PNMs share of the Generating Station. In December 2018, PNM and other 

owners of the Generating Station released a decision to close the plant in 2022. Therefore, 

Alternative B is selected as the preferred alternative.

If a mine does not have an identified generating station as the market, the OSMRE has analyzed 

coal combustion effects using a “typical” local generating station. This approach allows for a 

reasonable approximation of the potential combustion-related effects. In the case of the San Juan 

Mine DLE, the analysis of the combustion-related effects at the Generating Station through 2033 

in this EIS would provide such a reasonable level analysis in the event of shutdown and the San 

Juan Mine identifying a new market for its coal. 

Under this alternative, it is assumed that mining, coal preparation and crushing methods at the 

San Juan Mine would remain consistent with methods employed under the Proposed Action. 

Additionally, given the high level of uncertainty associated with projecting the potential postJune 2022 SJCC clients, it is assumed that the average rate of coal mined from the San Juan 

Mine would remain consistent with the Proposed Action rate of approximately 3 million tpy. 

Using the Generating Station as the “typical” local generating station for approximation of 

potential combustion-related effects under Alternative B assumes that any coal combustion 

would be within the emission profiles analyzed in this EIS for the indirect effects of the Proposed 

Action. Specifically, assumptions for this Alternative include the following:

1. The potential future combustion of coal would be with similar types of emission controls, 

Coal Combustion Residue (CCR) handling and storage, and air emission profiles for all 

air pollutants. 

2. The potential future use of coal would be with similar types and scales of transport from 

the mine to the location of combustion. 

These assumptions reflect a higher level of uncertainty relative to the assessment of the indirect 

effects of coal combustion under Alternative B as compared to under the Proposed Action, 

because the potential use after 2022 is not known. If the alternate use after 2022 falls outside the 

bounds of the analysis in this EIS (less emission control, new form of transit, new use), then the 

OSMRE or another federal agency with an action associated with the new use (such as approval 

of a new rail line or spur) would conduct an independent or supplemental NEPA analysis to 

analyze new impacts or impacts outside the bounds of those analyzed in this EIS. 

Under this alternative, all of the direct mining-related effects, and the indirect effects of coal 

combustion, would be the same as those for the Proposed Action.
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5.2. ENVIRONMENTALLY PREFERRED ALTERNATIVE

An environmentally preferred alternative (40 CFR 1505.2(b)) is one that has the least impact on 

the physical and biological environment and that best protects, preserves, and enhances historic, 

cultural, and natural resources. As shown in Appendix A – Summary of Impacts Table, 

Alternative C, the “No Action Alternative,” would result in the least amount of impact on the 

physical and biological environment and best meets that definition of environmentally preferred. 

5.3. BASIS OF DECISION

The OSMRE has based its decision to select Alternative B on a thorough review of the FEIS, 

review of public and agency concerns received on this Project, consultation with cooperating and 

regulatory agencies, consultation with interested tribes, and the project record. The OSMRE also 

considered the intensity of impacts expected for each of the analyzed alternatives. The OSMRE 

determined that implementation of Alternative A would no longer be technically feasible due to 

the announced closure of the Generating Station. As described in the following sections, 

Alternative B meets the Project’s purpose and need (Section 4.0) and is consistent with all 

applicable regulatory requirements (Section Error! Reference source not found.), while 

minimizing potential impacts (Section Error! Reference source not found.). Alternative B also 

addresses the issues of concern identified during the scoping process. The effects on surface and 

groundwater quality and quantity are not expected to be significant (see FEIS, Section 4.5 

Water Resources/Hydrology). There are no jurisdictional wetlands or non-wetlands in the 

Project area (see FEIS, Section 4.5 Water Resources/Hydrology). 

FWS concurred with the OSMRE’s determination that implementation of the project “may 

affect, not likely to adversely affect” the Colorado Pikeminnow, Razorback Sucker, 

Southwestern Willow Flycatcher, Yellow-billed Cuckoo, Mancos milkvetch, and Mesa Verde 

cactus (see FEIS, Section 4.8 Special Status Species). The OSMRE analyzed potential impacts 

of Alternative B on climate change and determined that there would be no significant impacts to 

climate (see FEIS, Section 4.2 Climate Change). The OSMRE analyzed potential impacts of 

coal combustion climate and environmental resources and determined that impacts would not be 

significant (see FEIS, Section 4.2 Climate Change). The OSMRE analyzed potential impacts of 

Alternative B on human health and determined that impacts are not expected to be significant 

(see FEIS, Section 4.16 Health and Safety). The OSMRE described reclamation practices that 

would be implemented under Alternative B in Section 2.1.1.5 Reclamation and Coal 

Combustion Residuals of the FEIS.

The FEIS meets the standards for an adequate EIS under CEQ regulations. The OSMRE, as lead 

agency, has taken responsibility for the preparation of the FEIS and has determined that all 

stakeholders’ concerns, comments, and suggestions provided during the NEPA process have 

been satisfactorily addressed, and all identified issues and potential impacts have been 

adequately analyzed and disclosed.
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During the FEIS review period, OSMRE received two public comments: one letter from EPA 

and a combined letter from Sierra Club, San Juan Citizens Alliance, WildEarth Guardians, 

Western Environmental Law Center, Center for Biological Diversity, and the Coalition for Clean 

Affordable Energy. The letter from EPA stated that they had no additional comments. The 

combined letter from Sierra Club et al. stated that OSMRE was required to analyze a “Just 

Transition” Alternative in the EIS. OSMRE did not carry the “Just Transition” Alternative 

forward for further analysis because it did not meet our purpose and need and would not be 

economically feasible. A detailed description of why the “Just Transition” Alternative was not 

carried forward for further analysis is in FEIS Section 2.2.4. 

The OSMRE’s decision to select Alternative B as the agency preferred alternative will be 

implemented through issuance of this ROD, my recommendation to approve the MPDD to the 

ASLM, and the ASLM’s approval, if given.

5.3.1. Selected Alternative Compliance with Federal Laws and Executive 

Orders

The OSMRE considered all applicable statutory and regulatory requirements necessary for 

approval of the proposed project. The following sections document the selected alternative’s 

compliance with applicable statutory and regulatory requirements.

5.3.1.1. SMCRA/State-Federal Cooperative Agreement/Mineral Leasing Act

The OSMRE is of the DOI primarily charged with administration of the Surface Mining Control 

and Reclamation Act of 1977 (SMCRA). The SMCRA establishes a program of cooperative 

federalism that allows the states to enact and administer their own regulatory programs within 

limits established by Federal minimum standards and with prescribed backup enforcement 

authority by the OSMRE (30 USC 1253). New Mexico MMD operates an approved state 

program under SMCRA and therefore has primary jurisdiction over the regulation of surface 

coal-mining and reclamation operations on non-Federal and non-Indian lands within the state. 

See 30 CFR 931.10, 931.15, and 931.30. Under 30 USC 1273(c), a state with a permanent 

regulatory program approved by the DOI Secretary, such as New Mexico MMD, can elect to 

enter into a cooperative agreement for state regulation of surface coal mining and reclamation 

operations on Federal lands within the state. OSMRE granted New Mexico MMD this authority, 

and New Mexico MMD regulates permitting and operation of surface coal mines on Federal 

lands within New Mexico under the authority of New Mexico Surface Mining Act of 1978

(NMSA).

The State-Federal Cooperative Agreement (Agreement) between New Mexico MMD and the 

OSMRE (codified in 30 CFR 931.30) outlines the decision process for obtaining the 

environmental approvals necessary to mine Federal coal in New Mexico. Under the Agreement, 

New Mexico MMD reviews an operator’s (in this case, SJCC’s) PAP to ensure the permit 

application complies with the permitting requirements and that the surface coal mining operation 

would meet the performance standards of the approved New Mexico program as outlined in 

NMSA. New Mexico MMD makes a decision to approve or deny the permit application 
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component of the PAP in accordance with NMSA. Once the New Mexico MMD informs the 

OSMRE of a permit revision occurring for leased Federal coal and/or Federal surface, the 

OSMRE reviews the PAP to ensure that it complies with the coal lease, the MLA, and other 

applicable Federal laws and their attendant regulations. Then, in consultation with the BLM, the 

OSMRE must determine if the action requires the preparation of a MPDD. If a MPDD is deemed 

necessary, pursuant to 30 CFR part 746, the OSMRE prepares and submits to the ASLM a 

MPDD recommending approval, disapproval, or approval with condition(s) of the proposed 

mining plan. 

Finding

The OSMRE finds that the selected alternative complies with SMCRA, the Sate-Federal 

Cooperative Agreement, and the MLA based on the OSMRE’s review of the PAP and state 

mining permit approved by New Mexico MMD. OSMRE has prepared a MPDD to submit to the 

ASLM recommending approval of the proposed mining plan.

5.3.1.2. Endangered Species Act

A Biological Assessment (BA) was prepared by the OSMRE and submitted to FWS in May 2018 

in compliance with Section 7 of the Endangered Species Act, which requires that Federal 

agencies consult with FWS regarding potential impacts to endangered and threatened species 

prior to making a decision. The Biological Assessment evaluated potential effects of mining and 

coal combustion on endangered and threatened species within the FWS-approved area of 

analysis. Based on this evaluation, the OSMRE concluded that implementation of the Project 

“may affect, not likely to adversely affect” the Colorado Pikeminnow, Razorback Sucker, 

Southwestern Willow Flycatcher, Yellow-billed Cuckoo, Mancos milkvetch, and Mesa Verde 

cactus (see FEIS, Section 4.8 Special Status Species). The OSMRE also concluded that 

implementation is “not likely to adversely modify” either fish species critical habitat or cuckoo 

proposed critical habitat. FWS’s review of the Proposed Action included assessment of direct 

effects at the San Juan Mine DLE and indirect effects from the combustion of coal at the 

Generating Station. FWS also reviewed the indirect effects through changes in hydrology or 

water quality of mining operations activities on Colorado Pikeminnow and Razorback Sucker 

critical habitat. Based on FWS review of the information provided in the Biological Assessment 

and its own assessment, on June 25, 2018, FWS responded to OSMRE’s request for informal 

consultation with a letter of concurrence, concurring with the OSMRE’s determinations and 

concluding the Section 7 consultation process.

Finding

The OSMRE finds that the selected alternative complies with the Federal Endangered Species 

Act based on the coordination with FWS described above. The OSMRE has completed the 

Section 7 Consultation process for this project which has determined that the Project “may 

affect, not likely to adversely affect” the species evaluated .
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5.3.1.3. Clean Air Act

This Clean Air Act requires states to develop plans to implement, maintain, and enforce primary 

and secondary ambient air quality standards for any criteria air pollutants, and calls for Federal 

agencies to prevent deterioration of air quality. Effects on air quality as a result of this Project 

were analyzed and showed that this Project will have minor impacts on air quality. The annual 

emissions for operations from non-fugitive sources at the San Juan Mine are below thresholds to 

require a New Mexico Environment Department (NMED) Title V permit. The substantive air 

quality related standards and work practices are provided for San Juan Mine in the state mining 

permit, issued pursuant to the SMCRA and NMSA.

Finding

The OSMRE finds that the selected alternative complies with the Clean Air Act based on review 

of the effects of air quality in comparison to NMED thresholds and the air quality related 

standards and work practices set forth in the state mining permit issued pursuant to the SMCRA 

and NMSA.

5.3.1.4. Clean Water Act

The Clean Water Act regulates discharges of pollutants into waters of the U.S. and the quality 

standards of surface waters. The EPA has adopted regulations to implement its water quality 

program, 40 CFR parts 122, 125, 127, and 129. Authority to implement the water quality 

program is vested with the EPA and states with authorized programs. Clean Water Act Sections 

401, 402, and 404 are applicable to the Project.

Section 401 requires that any applicant pursuing a Federal permit to conduct any activity that 

may result in a discharge of a pollutant must obtain a water quality certification (or waiver). The 

NMED Surface Water Quality Bureau issues water quality certifications for activities that occur 

within New Mexico on non-tribal lands. On March 1, 2017, the NMED issued a letter 

conditionally certifying all Nationwide Permits, with the exception of Nationwide Permit 37 –

Emergency Watershed Protection and Rehabilitation. The conditional certification requires that

all Nationwide Permits in the state must meet a series of conditions to avoid discharges to the 

maximum extent possible and pre-construction notification to NMED for specific activities. 

Mining activities within the DLE are permitted under Nationwide Permit 50 – Underground Coal 

Mining Activities, which is covered by the conditional certification from the NMED.

Section 402 established the National Pollutant Discharge Elimination System (NPDES) permit 

program to control discharges of pollutants from point sources. New Mexico has its own Water 

Quality Act at NMSA § 74-6-1 et seq. and the state regulates discharges to its “waters,” which is 

defined to include both surface and groundwater (NMSA § 74-6-2.H). EPA has not delegated 

responsibility for the NPDES program to New Mexico. 

SJCC holds two NPDES permits for the San Juan Mine. NPDES Permit No. NM0028746, issued 

by the EPA in 2013, serves as the primary permit in protection of surface water resources on the 

San Juan Mine. The NPDES permit allows SJCC to discharge stormwater from the mine, at 

specified locations, while maintaining certain water quality standards if discharges do occur. The 
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discharge locations (outfalls) for San Juan Mine are generally associated with stormwater 

detention basins within the San Juan Mine lease area. The detention basins are designed to retain 

runoff from a 100-year/6-hour storm event to minimize discharges of stormwater from the mine 

lease under the NPDES permit. When discharges occur from one or more of the outfalls, SJCC is 

required to meet water quality standards that are specified in the permit. In addition, the NPDES 

permit allows SJCC to discharge treated sanitary waste to Shumway Arroyo from Outfall 009. 

These discharges require monitoring but do not have specific water quality limitations.

Section 404 regulates the discharge of dredge and fill materials into waters of the U.S., which 

include oceans, bays, rivers, streams, lakes, ponds, and wetlands. Before any actions that may 

affect surface waters are implemented, a delineation of jurisdictional waters of the U.S. must be 

completed, following U.S. Army Corps of Engineers (USACE) protocols, to determine whether a 

project area contains wetlands or other waters of the U.S. that qualify for protection under the 

CWA, and then, if necessary, a CWA permit obtained.

In 2015, SJCC applied to the USACE and obtained coverage under Nationwide Permit 50, which 

authorizes discharges of dredged or fill material into non-tidal waters of the U.S. associated with 

underground coal mining and reclamation operations provided the activities are authorized or are 

currently being processed as part of an integrated permit processing procedure, by the OSMRE, 

or by states with approved programs under Title V of the SMCRA of 1977. The discharge must 

not cause the loss of greater than 0.5 acre of non-tidal waters of the U.S., including the loss of no 

more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the 

district engineer waives the 300 linear foot limit by making a written determination concluding 

that the discharge will result in minimal adverse effects. This Nationwide Permit does not 

authorize discharges into non-tidal wetlands adjacent to tidal waters. This Nationwide Permit

does not authorize coal preparation and processing activities outside of the mine site.

Finding

The OSMRE finds that the selected alternative complies with the Clean Water Act because the 

mine would continue to operate in accordance with the NPDES permit and Nationwide Permit 

approved by NMED and USACE.

5.3.1.5. National Historic Preservation Act

Section 106 of the NHPA and its implementing regulations under 36 CFR part 800 require all 

Federal agencies to consider effects of Federal actions on cultural resources eligible for or listed 

in the National Register of Historic Places. Traditional cultural properties are also protected 

under Section 106 of the NHPA. The OSMRE has required stipulations, provided in Appendix B 

of this ROD, be implemented for the San Juan Mine DLE.

Finding

The OSMRE finds that the selected alternative complies with the NHPA based on the 

coordination with SHPO and the tribes described above. The OSMRE has completed the Section 

106 Consultation process for this project and, coordinated with the BLM Farmington Field 
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14

Office, as the surface owner, to remain the lead agency for Section 106 into the future to insure 

that the stipulations in the ROD are implemented.

5.3.1.6. Executive Order 13175 Government-to-Government Consultation with Tribes

EO 13175 requires federal agencies to consult with American Indian tribal representatives and 

traditionalists on a government-to-government basis. The OSMRE conducted government-togovernment tribal consultation concurrent with the Section 106 consultation described above in 

Section 5.3.16, National Historic Preservation Act.

Finding

The OSMRE finds that the selected alternative complies with EO 13175 based on the 

coordination with the tribes described above in Section 5.3.1.6. The stipulations included in the 

ROD address the concerns raised by tribes during government-to-government consultation.

5.3.1.7. Executive Order 12898 Environmental Justice

EO 12898 requires Federal agencies to identify and address, as appropriate, disproportionately 

high and adverse human health or environmental effects on minority and low-income 

populations when implementing their respective programs, including American Indian programs. 

OSMRE’s analysis of environmental justice follows the CEQ’s guidance on environmental 

justice and the EPA’s guidance on environmental justice. 

Throughout the NEPA process, a variety of steps have been taken to involve minority, lowincome, and Tribal populations in a meaningful way, in accordance with Executive Order 12898. 

A high percentage of the population in the nine-county area surrounding the San Juan Mine is 

comprised of Native Americans. To account for this prevalent minority population, measures 

were taken to ensure that Native Americans were involved in the scoping process. Two of the 

scoping meetings occurred on tribal trust lands in Shiprock, New Mexico (Navajo Nation 

Reservation), and Towoac, Colorado (Ute Mountain Ute Reservation), and interpreters were 

present at these meetings to allow for participants to provide an oral comment in their first 

language.

Effects of Alternative B on these minority and low-income populations were analyzed in the 

FEIS. The selected alternative would extend the life of the San Juan Mine by 10 to 15 years, 

delaying the onset of adverse economic impacts associated with mine closure, and possibly 

allowing time for other sectors to develop. The potential health risk to environmental justice 

populations within the coal combustion air quality deposition zone would be long-term but 

minor, and not represent a disproportionate major impact to the Native Americans living in this 

area. The Human Health Risk Assessment also found no disproportionate adverse impacts to 

low-income or minority populations related to public health and safety would result from the 

Proposed Action (see FEIS, Section 3.12.6, Environmental Justice - Environmental 

Consequences).
Record of Decision

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Finding

The OSMRE finds that the decision to select Alternative B was made in consideration of and is 

consistent with EO 12898.

5.3.2. Environmental Effects

The OSMRE’s decision considered the environmental effects of each alternative. The intensity 

of effects for Alternative B (the selected alternative) and Alternative A were considered. All 

direct and indirect impacts, including their intensities, are described fully in Chapter 4 of the 

FEIS, and cumulative impacts are described in Chapter 4 of the FEIS. For a summary 

comparison of effects by all resources analyzed in the FEIS, see Table A-1 in Appendix A of 

this document, which also is included in Table ES-4 of the FEIS.

5.4. OTHER ALTERNATIVES CONSIDERED

5.4.1. Alternative C- No Action Alternative (Environmentally Preferred 

Alternative)

5.4.1.1. Description of Alternative

Under the No Action Alternative, the OSMRE would recommend that the ASLM not approve 

the Mining Plan Modification for the DLE at the San Juan Mine. Mining within the DLE would 

cease on August 31, 2019, and the SJCC would continue reclamation activities of past surface 

mining operations (Juniper Pit) and all surface disturbance from underground mining operations. 

Mining could legally continue in the Deep Lease without the DLE; however, as a practical matter 

for an underground mine of this type, this alternative assumes that all mining would cease at the 

San Juan Mine after the completion of the second-to-last panel of the 400 district due to 

technical, economic, and other considerations. Specifically, the final panel of the 400 district is 

divided between the Deep Lease area and DLE. Coal quality varies throughout each longwall 

panel, as the panel length generally ranges from 2 to 3.5 miles. The panel length used by the San 

Juan Mine allows higher quality coal to be mined and stockpiled in either Juniper or Northfield 

coal stockpiles. As the lower quality coal is mined and delivered to the surface, blending can 

occur between the high-quality stockpiled coal and low-quality coal to ensure the product 

delivered to the Generating Station meets the requirements of the contract. Within the last panel 

of the 400 district, the lower quality coal is found on the Deep Lease area portion. Without the 

higher quality coal from the DLE side to blend with the low-quality coal, the Generating Station 

likely could not burn the lower BTU range of coal without risking damage to its boilers. 

Moreover, accessing the state lease located in Township 30 North, Range 14 West, Section 32, 

requires mining portions of the DLE to set up the infrastructure for a longwall operation. Without 

the approval to mine the DLE, the state lease coal could not be feasibly or safely mined. 

Following cessation of mining, any coal remaining in the coal stockpiles would be delivered to 

the Generating Station. Stockpiles of coal from the San Juan Mine would allow the Generating 

Station to continue operations using coal from the San Juan Mine through approximately August 
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2020 (assuming an August 2019 disapproval such that mining ceases in the DLE in August 2019 

and continues in the Deep Lease through December 2019, 6-month supply in SJCC stockpiles 

and 2 month-supply in Generating Station Force Majeure Stockpiles). CCR from the Generating 

Station would be placed in Juniper Pit in accordance with the reclamation plan for as long as the 

Generating Station continues to operate using coal from the San Juan Mine; however, upon shutdown of the Generating Station, without the additional CCR to use in reclaiming Juniper Pit, 

more disturbance of native or reclaimed areas would be required to fill the pit and complete the 

final design. This additional disturbance would result from the net loss of approximately 1.5 

million cubic yards of CCR. Displacing this loss of CCR material with spoil material would 

require 15 feet of material to be removed over 60 acres of reclamation or native ground. Because 

this scenario is not part of the current reclamation plan, the plan does not account for designing 

proper drainage and creation of landforms, which could increase the acres needing to be 

disturbed to facilitate reclamation. Final regrade of former surface operations would be 

completed approximately ten years after the shutdown. Reclamation of the support facilities 

would also occur during this time. Once reclamation is complete, the areas would be monitored 

until a Phase III (i.e., final) bond release has been achieved on all formerly disturbed areas. 

Under the No Action Alternative, SJCC would require approximately 110 employees to 

complete reclamation activities; all other employees would be laid off. In addition, an indirect 

effect of the No Action Alternative is that combustion of coal from the San Juan Mine at the 

Generating Station would cease in 2020.

5.4.1.2. Rationale for Not Selecting Alternative

This Alternative was identified as the environmentally preferable alternative. OSMRE did not 

select Alternative C, No Action, because it does not meet OSMRE’s purpose and need as well as 

the selected alternative. OSMRE’s need for the action is to provide SJCC the opportunity to mine 

the federal coal obtained under Federal Coal Lease NM-99144.

5.4.2. Alternative A – Proposed Action

5.4.2.1. Description of Alternative

Under the Proposed Action, the OSMRE would recommend approval of SJCC’s Mining Plan 

Modification for the DLE at the San Juan Mine, which if the ASLM agrees with the OSMRE’s 

recommendation, would authorize the recovery of approximately 53 million tons of Federal coal 

from 4,464.87 acres of Federal land through the year 2033. Specifically, coal would be recovered 

within the area covered by New Mexico MMD permit 14-01, in Township 30, North, Range 14 

West, Sections 17, 18, 19, 20, 29, 30, and portions of 31 (Lots 1, 2, 3, and 4). Figure 2 displays 

the Deep Lease and DLE and shows which areas were mined between 2008 and June 2017, and 

which areas would be mined from 2019 to 2033, with coal provided to the Generating Station 

into 2033. 
Record of Decision

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17

Figure 2. Areas Proposed for Mining by Year through 2033

Coal would be recovered using longwall mining (as described in detail in Section 2.1.1 of the 

FEIS). The San Juan Mine has a current contract with the Generating Station to supply coal 

through June 30, 2022. This alternative assumes that the supply contract will be extended to 

2033, which was the operating assumption at the time of the Court’s order. The contracted 

tonnage per year from 2008 through the end of 2017 was approximately 6 million tons of coal. 

The contract was amended to approximately 3 million tons of coal per year beginning January 

2018, after the shut- down of Units 2 and 3 at the Generating Station. No changes to the current 

workforce, as described in Section 2.1.1 of the FEIS, would occur under the Proposed Action.

5.4.2.2. Rationale for Not Selecting Alternative

In December 2018, PNM and other owners of the Generating Station released a decision to close 

the plant in 2022. Therefore, the assumption of Alternative A that the supply contract between 

the San Juan Mine and the Generating Station would be extended until 2033 is unlikely to occur, 

and Alternative A is not selected as the preferred alternative. Although feasible at the time of the 

Court order and OSMRE’s analysis, OSMRE has determined that implementation of Alternative 

A would no longer be technically feasible due to the December 2018 announcement of closure of 

the Generating Station. 
Record of Decision

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5.5. ALTERNATIVES CONSIDERED BUT ELIMINATED

An alternative may be considered during the environmental analysis process, but not analyzed in 

detail. The agency must identify those alternatives and briefly explain why they were eliminated 

from detailed analysis (40 CFR 1502.14). An alternative may be eliminated from detailed study 

if:

• It is ineffective (does not respond to the purpose and need for the proposed action); 

• It is technically or economically infeasible (considering whether implementation of the 

alternative is likely, given past and current practice and technology); 

• It is inconsistent with the basic policy objectives for the management of the area; 

• Its implementation is remote or speculative; 

• It is substantially similar in design to an alternative that is analyzed; or 

• It would result in substantially similar impacts to an alternative that is analyzed.

Alternatives specific to this analysis that were considered, but that would not be analyzed in 

detail, are discussed in Section 2.2 of the FEIS (Table 2.2-1) and included:

• Alternative D – Just Transition Alternative

• Alternative E – Alternative Panel Alignment

• Alternative F – Continue to Mine at 6 Million TPY Rate 

• Alternative G – Modifications to Underground Mining Technique 

• Alternative H – Relocation of Portals

• Alternative I – Alternative CCR Disposal Sites

6. PUBLIC INVOLVEMENT

6.1. SCOPING

The OSMRE issued a Notice of Intent to prepare an EIS in the Federal Register (FR) on March 

22, 2017 (82 FR 14745). The scoping period began on March 22, 2017 and ended May 8, 2017. 

During the public scoping period, the OSMRE hosted five scoping meetings to inform interested 

parties of the Project and provide opportunity for comment on the scope of the EIS. Scoping 

meetings were held between April 10 and April 14, 2017, in Albuquerque, New Mexico; 

Towoac, Colorado; Shiprock, New Mexico; Farmington, New Mexico; and Durango, Colorado. 

All meetings were held in an open house format, with information stations describing varying 

aspects of the Project located throughout the venue and subject matter experts available to 

answer questions and describe the process and analysis. During all scoping meetings, opportunity 

to comment in written and oral form via a court reporter was provided; translation services were 

provided for Navajo speakers at the Shiprock meeting and Ute Mountain Ute speakers at the 

Towoac meeting. 
Record of Decision

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19

During formal public scoping, the OSMRE sought input from the public, interested 

organizations, tribes, and government agencies. The OSMRE received a total of 3,556 comments 

during the scoping period. Seven key issues of concern were identified during scoping and were 

used to guide the EIS interdisciplinary team’s alternatives development. Key issues of concern 

included: (1) potential for adverse effects to air quality from combustion of mined coal; (2) 

potential effects of the Project on climate change, and subsequent effects to other resource areas; 

(3) potential for the Project to adversely affect human health, through air emissions and effects to 

water quality; (4) potential for the Project to adversely affect drinking water quality; (5) potential 

effects to groundwater quality resulting from placement of CCR during reclamation; (6) potential 

loss of economic revenue from the operation of the San Juan Mine under the No Action 

Alternative; and (7) consideration of an alternative describing a transition away from coal-fired 

power.

6.2. DRAFT ENVIRONMENTAL IMPACT STATEMENT

The OSMRE conducted a 45-day public comment period on the DEIS, which began on May 25, 

2018. The OSMRE provided notice of the comment period in the Federal Register, on agency 

websites, in local newspapers, and on local radio stations. During the public scoping period, the 

OSMRE hosted five public meetings to inform interested parties of the Project and provide 

opportunity for comment on the DEIS. Public meetings were held between June 25 and June 29, 

2018, in Albuquerque, New Mexico; Towoac, Colorado; Shiprock, New Mexico; Farmington, 

New Mexico; and Durango, Colorado. All meetings were held in an open house format, with 

information stations describing varying aspects of the Project located throughout the venue and 

subject matter experts, the OSMRE Project manager and OSMRE Western Region Manager

available to answer questions and describe the process and analysis. During all public meetings, 

opportunity to comment in written and oral form via a court reporter was provided; translation 

services were provided for Navajo speakers at the Shiprock meeting and Ute Mountain Ute 

speakers at the Towoac meeting. Substantive public comments received during the public 

comment period and agency responses are included in the FEIS Appendix B, Comment Letters 

and Responses.

6.3. ADDITIONAL INFORMATION

The FEIS and electronic copies of this ROD can be downloaded as PDFs from the OSMRE’s 

webpage: https://www.wrcc.osmre.gov/initiatives/sanJuanMine.shtm. The FEIS is also available 

to view at the OSMRE Western Region, the BLM Farmington Field Office, the Navajo Nation 

Library, Albuquerque Main Library, Cortez Public Library, Durango Public Library, and the 

Farmington Public Library (addresses and hours of availability are below). For additional 

information about the Project or to request an electronic version of the FEIS, please contact the 

OSMRE Project Coordinator, Gretchen Pinkham, gpinkham@osmre.gov, (303) 293-5088.
Record of Decision

San Juan Mine Deep Lease Extension

20

Bureau of Land Management (BLM) Farmington 

Field Office 

6251 College Blvd., Suite A, 

Farmington, NM, 87402 

Between the hours of 9:00 a.m. and 4:00 p.m. 

Monday through Friday (Closed Saturday 

and Sunday)

OSMRE, Western Region 

1999 Broadway, Suite 3320

Denver, CO 80202

Between the hours of 8:00 a.m. and 4:00 p.m.

Monday through Friday (Closed Saturday

and Sunday)

Navajo Nation Library 

Highway 264 Loop Road, 

Window Rock, AZ 86515 

Between the hours of 8:00 a.m. and 5:00 p.m. 

Monday through Saturday (Closed Sunday)

Albuquerque Main Library 

501 Copper Ave NW, 

Albuquerque, NM 87102 

Between the hours of 10:00 a.m. and 6:00 p.m. 

Monday through Saturday (Closed Sunday)

Cortez Public Library 

202 N. Park Street, 

Cortez, CO 81321 

Between the hours of 9:00 a.m. and 7:00 p.m. 

Monday through Thursday; 9:00 a.m. and 4:00 p.m. 

Friday through Saturday (Closed Sunday)

Durango Public Library 

1900 E. Third Ave, 

Durango, CO 81301 

Between the hours of 8:00 a.m. and 8:00 p.m. 

Monday through Wednesday; 

9:00 a.m. and 5:30 p.m. Thursday through 

Saturday (Closed Sunday)

Farmington Public Library 

2101 Farmington Ave, 

Farmington, NM 87401 

Between the hours of 9:00 a.m. and 9:00 p.m. 

Monday through Thursday; 9:00 a.m. and 5:00 p.m. 

Friday through Saturday; and, 1:00 p.m. and 

5:00 p.m. on Sunday

7. APPROVAL

In consideration of the information presented above, I approve this OSMRE ROD and the 

selection of Alternative B (Continuation of San Juan Mine Operations Following Generating 

Station Shut-Down in 2022) as described in the FEIS (Section 2.2.2). The State of New Mexico 

has approved the DLE permit, which sets forth requirements to minimize environmental impacts 

that could potentially occur as a result of the Proposed Action. This action can be implemented 

following approval of the MPDD by the ASLM.
Record of Decision

San Juan Mine Deep Lease Extension

21

This ROD is effective on signature.

Approved by:

For additional information about the project, this ROD, or the FEIS, please contact the OSMRE 

Project Coordinator: Gretchen Pinkham, OSMRE Western Region, 1999 Broadway, Suite 3320, 

Denver, CO 80202, gpinkham@osmre.gov, (303) 293-5088.
APPENDIX A

Summary of Impacts Table
Record of Decision Appendix A

San Juan Mine Deep Lease Extension Summary of Impacts Table

A-1

Table A-1: Impacts and Mitigation Measures of Alternatives by Resource Area 

Alternative A – Proposed Action

Alternative B – Cont. 

Mining after Generating 

Station Shutdown in 2022

Alternative C – No Action

Air Quality

Impact to air quality from emissions of criteria 

pollutants would be long-term and minor. Impacts 

on regional haze and visibility in Class I areas 

would be long-term, but minor.

Impacts would be 

comparable to the effects 

under the Proposed Action.

Emissions would be reduced, by 

about 90 percent or more. Air 

quality impacts from emissions of 

criteria pollutants would be 

positive, permanent, but minor.

Climate Change

GHG emissions from the San Juan Mine are 

considered permanent but minor. The Proposed 

Action contribution relative to other sources would 

be minor but permanent. 

GHG emissions and effects 

would be comparable to the 

effects under the Proposed 

Action (permanent and 

minor).

Overall GHG emissions would be 

reduced, by about 90 percent or 

more. Impacts would be positive, 

minor and permanent. 

Geology and Soils

Impacts of subsidence would be moderate but 

permanent. Surface disturbances to soil would be 

long-term but minor. Installation of roads in the 

DLE would result in minor and long-term impacts 

to geological resources. There would be no 

impacts to unique geologic features or mineral 

resources. Impacts to paleontological resources 

would be permanent and moderate.

Impacts to geological 

resources including soils, 

mineral resources, and 

paleontological resources 

would be identical to those 

for the Proposed Action.

Impacts to topography, soils, and 

paleontological resources would be 

less than the Proposed Action. Due 

to lack of CCR, additional surface 

disturbance would be required for 

reclamation resulting in long-term 

moderate impacts. This alternative 

would prevent the maximum 

recovery of the coal within the 

DLE; this is a long-term minor 

impact.

Archaeology/Cultural Resources

Impacts would be permanent and minor-to-major 

if cultural resources are impacted; implementation 

of the stipulations outlined in Appendix B of this 

ROD, including the following mitigation measures 

would reduce impacts to minor:

• Any new surface infrastructure, such as access 

roads, drill pads, and ventilation shafts, must be 

designed to avoid historic properties and sites of 

unevaluated NRHP eligibility. 

• If surface infrastructure cannot be sited to avoid 

cultural resources, additional archaeological 

investigations in the form of limited testing 

and/or data recovery for historic properties and 

sites of unevaluated NRHP eligibility must be 

completed.

• Monitoring of historic properties and sites of 

unevaluated NRHP eligibility shall be 

conducted within 30 to 90 days following 

subsidence. If monitoring suggests subsidence 

will cause adverse effects to a historic 

property(s), the applicant shall be required to 

develop and implement a treatment plan to 

avoid or mitigate negative impacts.

With implementation of the 

same mitigation measures, 

impacts would be the same 

as Alternative A.

No impacts to cultural resources 

from mining would occur after 

2019, but due to lack of CCR, 

reclamation would result in greater 

surface disturbance which could 

affect cultural resources. 

Cultural resources located above 

areas previously mined could still 

be subject to subsidence impacts 

which could have moderate-tomajor adverse impacts on any 

cultural resources. Implementation 

of avoidance and mitigation 

measures would reduce impacts to 

minor.
Record of Decision Appendix A

San Juan Mine Deep Lease Extension Summary of Impacts Table

A-2

Alternative A – Proposed Action

Alternative B – Cont. 

Mining after Generating 

Station Shutdown in 2022

Alternative C – No Action

Water Resources / Hydrology

The loss of the saline coal-seam aquifer is 

considered a moderate and permanent impact. 

Impacts to groundwater quantity in usable aquifers 

would be minor and long-term. Impacts to 

groundwater quality from placement of CCR in 

former surface mining pits would be permanent 

but minor. Impacts to surface water quality would 

be long-term and minor. There would be no 

impacts to surface water quantity in the San Juan 

River. Impacts to water quantity from subsidence 

would be minor and long-term.

Impacts to groundwater and 

surface water quantity and 

quality would be as 

described under the 

Proposed Action, with the 

exception that deposition of 

heavy metals from burning 

of coal mined in the DLE 

may occur within a different 

geographic location.

Short-term minor impacts to 

surface water quality could occur 

during demolition of mine 

facilities.

Indirect impacts from coal 

combustion would cease and water 

quality in surface water bodies 

within the deposition area, would 

improve at least incrementally. 

Reclamation of mined lands would 

restore surface water drainage and 

natural groundwater flow; impacts 

to water quality would likely be 

minor but long-term.

Vegetation

Mine facility construction would result in 

permanent, minor impacts to vegetation

communities. Surface disturbance associated with 

vegetation removal could result in long-term and 

minor impacts to naturally occurring seed sources 

and short-term minor increases in potential for 

spread of noxious weeds. Potential impacts from 

fugitive dust would be short-term and minor. 

Impacts from coal combustion emissions would be 

long-term and minor.

Impacts would be as 

described for the Proposed 

Action. Any potential 

increase in transportation or 

related infrastructure could 

result in additional surface 

disturbing activities; 

however, exact impacts 

related to transportation are 

too speculative to be 

determined for purposes of 

this EIS.

Due to lack of CCR, reclamation 

would result in greater surface 

disturbance which would be a 

long-term moderate impact. 

Vegetation resources located 

above areas previously mined 

could still be subject to subsidence 

impacts which would have shortterm minor impacts, although these 

impacts would be expected mostly 

for individual plants or small areas 

located along subsidence cracks.

Wildlife and Habitats

Impacts from fugitive dust emissions and noise 

would be minor and short-term. Impacts from 

human activity associated with the San Juan Mine 

would range from minor to moderate. Impacts due 

to ground-disturbing activities are expected to be 

moderate to minor (depending on the species) and 

long-term for smaller terrestrial burrowing species. 

Impacts from habitat loss during the active mining 

and reclamation activities would be short-term and 

moderate. Potential impacts to aquatic biota from 

coal combustion would be minor and long-term. 

The effect of water use on aquatic species would 

be long-term and minor.

Potential impacts would be 

the same as described for 

the Proposed Action. Given 

the proportionally shorter 

duration as compared to the 

Proposed Action, potential 

impacts within the San Juan 

River and other perennial 

waterbodies within the 

deposition area are likely to 

be less than that of the 

Proposed Action. Any 

impacts beyond 2022 from 

deposition are unknown and 

dependent on the location of 

coal combustion. 

Cessation of mining activities 

within the DLE would result in no 

impacts to wildlife resources, 

although reclamation would result 

in greater surface disturbance 

which could result in short-term 

minor effects to wildlife. Wildlife 

resources located above areas 

previously mined could still be 

subject to subsidence impacts. 

Potential impacts, within the 

deposition area, would be less than 

that of the Proposed Action (e.g. 

no impact after 2020). 
Record of Decision Appendix A

San Juan Mine Deep Lease Extension Summary of Impacts Table

A-3

Alternative A – Proposed Action

Alternative B – Cont. 

Mining after Generating 

Station Shutdown in 2022

Alternative C – No Action

Special Status Species 

There would be no impact on special status 

amphibians or their habitat. Mining would result in 

minor and long-term direct impacts to all special 

status species evaluated. No special status plants 

are known to occur within the mine. Potential 

impacts to special status plants outside of the DLE 

from fugitive dust would be short-term and minor. 

There would be no direct impact on special status 

fish or their habitat; indirect impacts to fish would 

be long-term and minor in portions of San Juan 

River within the deposition area. The potential risk 

to special status carnivorous, insectivorous, and 

herbivorous species from coal combustion 

emissions would be minor and long-term. 

Impacts, including the 

indirect effects of coal 

combustion, would be 

identical to those for 

Alternative A, with the 

exception that the 

deposition area would be 

located in the vicinity of 

wherever the coal may be 

combusted following shutdown of the Generating 

Station in 2022. As a result, 

potential impacts to special 

status species from 

deposition are unknown 

beyond 2022 and dependent 

on the location of coal 

combustion.

Cessation of mining activities 

within the DLE would result in no 

impacts to special status species, 

including no adverse effects from 

the construction of surface 

facilities. Habitat for special status 

species located above areas 

previously mined would still be 

subject to subsidence impacts. 

Indirect impacts to listed fish in 

perennial surface waterbodies in 

the deposition area would cease in 

2019. Potential impacts to fish are

likely to be substantively less than 

that of the Proposed Action.

Land Use, Transportation, and Agriculture

There would be no direct impacts to agriculture. 

Impacts to land use and roadways from subsidence 

would be permanent but minor. The Proposed 

Action would result in long-term minor increases 

in vehicle traffic.

Impacts would be the same 

as under Alternative A. Due 

to unknown market 

conditions and end users of 

the DLE coal after 2022, 

exact impacts related to 

transportation are too 

speculative to be determined 

for purposes of this EIS. 

Impacts would be less than 

described for the Proposed Action, 

although short-term minor impacts 

to grazing, land use, and 

transportation would occur during 

demolition of mining facilities and 

ground-disturbance during 

reclamation.

Recreation

Impact to recreation due to surface activities 

associated with mining would be short-term and 

minor. Indirect effects to visibility at local 

recreational areas is considered a long-term 

moderate impact. There would be no long-term or 

permanent impacts to recreational opportunities 

within the DLE.

Potential recreational effects 

would be similar as those 

described under the 

Proposed Action.

No impacts to recreational 

activities or facilities in the ROI 

would occur beyond 2019. Shortterm impacts to recreational 

opportunities on the DLE due to 

surface activities associated with 

mining would be avoided as would 

permanent impacts to the 

recreational viewshed from 

subsidence.

Social and Economic Values 

No impacts would occur during the Project 

timeframe (mining through 2033). San Juan Mine 

would continue to provide economic revenue and 

jobs to economies of San Juan County, the region, 

and State of New Mexico during operation and 

reclamation.

Economic impacts would be 

similar to the Proposed 

Action because the 

operations under both 

scenarios would recover the 

same amount of coal.

This alternative would result in the 

loss 897 jobs and of $356 million 

in annual economic activity for the 

Four Corners Region beginning in 

2019, which would be a major and 

permanent impact.

Environmental Justice

The Proposed Action would not result in 

disproportionate adverse effects to minority or 

The potential for on-site and 

local effects to minority and 

As the Proposed Action would not 

result in disproportionate adverse 
Record of Decision Appendix A

San Juan Mine Deep Lease Extension Summary of Impacts Table

A-4

Alternative A – Proposed Action

Alternative B – Cont. 

Mining after Generating 

Station Shutdown in 2022

Alternative C – No Action

low-income populations. low-income populations 

would be the same as under 

the Proposed Action. 

effects to minority or low-income 

populations, neither would the No 

Action alternative. Potential for 

socioeconomic impacts would 

affect all residents in the region, as 

would the elimination of air 

emissions have a permanent minor 

positive effect on the entire 

population, including 

environmental justice populations. 

Visual Resources 

Depending on Key Observation Point, impacts 

would be long-term and minor to moderate. 

Impacts to visual resources from subsidence would 

be permanent, but minor. Emissions from coal 

combustion would result in indirect moderate 

effects to visibility in the local area. Impacts at 

Class I areas would be minor as described in Air 

Quality.

Potential visual impacts 

would be the same as those 

described in the Proposed 

Action.

It is not feasible to conduct 

a site-specific regional haze 

and visibility analysis 

without knowing the 

location of the power plant

where the coal would be 

combusted after 2022, but 

potential effects resulting 

from coal combustion are 

assumed to be no greater 

than under the Proposed 

Action.

No adverse effect on visual 

resources as viewed from Key 

Observation Points would occur 

beyond 2019, and scenic quality is 

expected to gradually improve as 

the San Juan Mine area is 

reclaimed. The indirect effect of 

the No Action Alternative would 

be a permanent and moderate 

impact to improved visibility and 

haze in the region.

Noise and Vibration

There would be no discernible impacts from 

ground-borne vibration associated with 

underground or surface activates in the San Juan 

Mine DLE. Impacts from noise would be longterm and minor.

Impacts would be similar to 

the Proposed Action. 

Transport of coal to the 

selected generation station 

may involve transport via 

existing regional 

transportation routes or by 

accessing a rail distribution 

site which could result in 

greater noise levels at the 

nearby residences. 

There would be no noise 

associated with mining activities 

after August 2019.
Record of Decision Appendix A

San Juan Mine Deep Lease Extension Summary of Impacts Table

A-5

Alternative A – Proposed Action

Alternative B – Cont. 

Mining after Generating 

Station Shutdown in 2022

Alternative C – No Action

Hazardous and Solid Waste

The chemical volumes required for the operations 

would not trigger EPCRA reporting. Therefore, 

any impact from an accidental release or spill of 

these materials would be minor. The potential for 

impacts from a release or spill is considered longterm.

Impacts relative to 

hazardous wastes and 

materials would remain 

materially the same as 

described for the Proposed 

Action.

Impacts associated with 

reclamation activities would be 

materially the same as those 

described for the Proposed Action. 

Impacts related to hazardous waste 

and solid waste would be minor, 

short-term and associated with 

disposal of demolition materials.

Health and Safety

Given the Proposed Action would not present new 

or increase the existing safety risks at the mine and 

given the facility’s better than industry average 

safety violation rate, the Proposed Action would 

have a minor impact on worker safety. Potential 

impacts related to DPM are considered long-term 

but minor. Potential impacts to public health from 

coal combustion would be long-term but minor. 

Impacts on worker safety 

would remain the same as 

for Alternative A. Impacts 

on public health in region of 

influence would be positive 

relative to Alternative A due 

to the removal of a large 

source of air pollution.

The health benefits of removal of 

the air emissions would be the 

same as described for Alternative 

B; however, the adverse economic 

impacts would be greater than 

described for Alternative B. 

Because of the association between 

health and socioeconomic status, 

lower levels of employment and 

economic activity would likely 

result in lower health for the local 

population due to issues like 

poorer nutritional status and more 

difficulty in accessing health care.
APPENDIX B

Section 106 Cultural Resources Stipulations

-
Record of Decision Appendix B

San Juan Mine Deep Lease Extension Section 106 Cultural Resources Stipulations

B-1

The OSMRE hereby prepares these stipulations for the phased resolution of adverse effects 

during the San Juan Mine Deep Lease Extension operation, mining, reclamation and all related 

activities in San Juan Mine Deep Lease Extension Area of Potential Effect (APE). Pursuant to 36 

CFR 800.8(c), an agency official may use the process and documentation required for the 

preparation of an Environmental Impact Statement (EIS)/Record of Decision (ROD) to comply 

with Section 106 in lieu of the procedures set for in 36 CFR 800.3 through 800.6 if the agency 

official has notified the State Historic Preservation Officer (SHPO) and the Advisory Council on 

Historic Preservation (ACHP) in advance that it intends to do so and the following standards 

are met:

• The agency official must identify consulting parties either pursuant to 35 CFR 800.3(f) or 

through the NEPA scoping process with results consistent with 36 CFR 800.3(f).

• The agency official must identify historic properties and assess the effects of the 

undertaking on such properties in a manner consistent with the standards and criteria of 

36 CFR 800.4 through 800.5, provided that the scope and timing of these steps may be 

phased to reflect the agency official’s consideration of project alternatives in the NEPA 

process and the effort is commensurate with the assessment of other environmental 

factors.

• The agency official must consult about the effects of the undertaking on historic 

properties with the SHPO and Indian tribes that might attach religious and cultural 

significance to affected historic properties, other consulting parties, and the ACHP, where 

appropriate, during NEPA scoping, environmental analysis, and the preparation of NEPA 

documents. 

• The agency official must involve the public in accordance with the agency’s published 

NEPA procedures.

• The agency official must develop in consultation with identified consulting parties 

alternatives and proposed measures that might avoid, minimize or mitigate any adverse 

effects of the undertaking on historic properties and describe them in the Draft EIS.

• The agency official must submit the Draft EIS or EIS to the SHPO, Indian tribes that 

might attach religious and cultural significance to affected historic properties, the ACHP, 

and other consulting parties prior to or when making the document available for public 

comment. 

The OSMRE hereby affirms that the preceding standards have been met, and no consulting 

parties have objected to the OSMRE’s affirmation of having met the preceding standards. The 

consulting parties for the purposes of these stipulations include: OSMRE, Bureau of Land 

Management (BLM), SHPO, the New Mexico State Land Office (SLO), San Juan Coal 

Company (SJCC), and the Hopi Tribe. The EIS includes a complete list of Indian tribes, 

representatives of local governments, and other individuals or organizations sought out for 

consultation. OSMRE is proceeding with the [approval or denial] of the undertaking pursuant to 

36 CFR 800.8(c)(4)(i)(A). OSMRE requires the following stipulations through the ROD in lieu 

of a programmatic agreement as referenced under 36 CFR 800.6(a)(1)(i)(C). The agency official 

has notified the ACHP pursuant to 36 CFR 800.8 and the ACHP has not notified the agency 

official of any intent to participate pursuant to 36 CFR 800.6.
Record of Decision Appendix B

San Juan Mine Deep Lease Extension Section 106 Cultural Resources Stipulations

B-2

STIPULATIONS

Stipulation 1. The Area of Potential Effect, Identification of Historic Properties, and 

Evaluation of Historic Properties for Eligibility

A. OSMRE, in consultation with the New Mexico SHPO, the BLM, and other Consulting 

Parties has established the APE, as defined at 36 CFR 800.16(d). For the San Juan Mine 

Deep Lease Extension Project, the APE includes the public lands project area located in 

Sections 17-20 and 29-31 in Township 30 North, Range 14 West. For the purposes of 

Section 106 only, the State Trust Land Section 32 of Township 30 North, Range 14 West 

is included in the APE based on consultation with the SHPO, because the mining of this 

section is dependent upon the mining of the Deep Lease Extension and therefore 

OSMRE’s preparation of the decision whether to approve the mining plan within the 

Deep Lease Extension has the potential to affect historic properties on this State Trust 

Land Section. 

B. OSMRE, has initiated consultation with Indian tribes, pursuant to 36 CFR 800.2(c)(2)(ii). 

OSMRE acknowledges that while some tribes may have the ability to respond and 

participate more quickly than others, the lack of response from any given tribe does not 

preclude its later involvement in the undertaking. Therefore, OSMRE has taken steps to 

include Indian tribes in the Section 106 process and may include later comments from 

Indian tribes about the identification of historic properties 

1. Continued consultation with Indian tribes subsequent to the Record of Decision

for the Deep Lease Extension project may yield the knowledge of additional 

historic properties. OSMRE will consider any future comments from such Indian 

tribes that wish to later comment and consult with the SHPO and BLM, as 

necessary. Phased identification and evaluation about later-identified historic 

properties is appropriate pursuant to 36 CFR 800.8(b)(2). 

2. If an Indian tribe later consults to define its interest in participation in the phased 

identification of historic properties, the phased application of the criteria of 

adverse effect, or the phased resolution of adverse effect, OSMRE will consult 

with the Indian tribe and the consulting parties. OSMRE will determine the level 

of effort appropriate and necessary and notify the SJCC and BLM regarding 

treatment plan reviews.

C. SJCC has conducted re-evaluations of through its contractor, San Juan County Museums 

Association Division of Conservation Archaeology, to re-evaluate historic properties 

within the DLE and the adjacent State Trust Land section in 2017 and 2018. OSMRE has 

consulted and gained eligibility comments or concurrence with the SHPO and BLM, and 

consulted with and had no objection from the New Mexico State Land Office about 

eligibility and completeness. 
Record of Decision Appendix B

San Juan Mine Deep Lease Extension Section 106 Cultural Resources Stipulations

B-3

Stipulation 2. Determination of Effect and Adverse Effect of the Project on Historic 

Properties

A. Through consultation with the SHPO, OSMRE has found that the project is likely to have 

an adverse effect on historic properties and the assessment of adverse effects must be 

phased pursuant to 36 CFR 800.5(a)(3). 

B. OSMRE requires the continuation of a monitoring plan for the effects of subsidence to 

historic properties.

1. OSMRE, BLM, and SHPO have concurred with the monitoring plan for the 

effects of subsidence to historic properties. The subsidence monitoring plan shall

continue, as approved. Any modification to the subsidence monitoring plan may 

be implemented through consultation between OSMRE, BLM, SHPO, and upon 

consideration of the comments from any other consulting party. 

C. SJCC must design any new surface infrastructure, such as access roads, drill pads, and 

ventilation shafts, to avoid historic properties and sites of unevaluated NRHP eligibility. 

Historic properties will be marked with barrier fences at a 75-foot offset from each site 

boundary to create a site buffer. SJCC will not temporarily avoid a site in the interim 

when adverse effects and resolution of adverse effects are likely to be necessary from any 

reasonably foreseeable future disturbance.

1. When avoidance is not possible, SJCC must notify the responsible land 

management agency (BLM for public lands; SLO for State Trust Lands) and 

develop a treatment plan pursuant to Stipulation 4 or Stipulation 5.

Stipulation 3. Responsibilities of Federal Agencies, Other Responsible Agencies and Project 

Proponents

A. OSMRE, through preparation of the mining plan decision document, is the lead federal 

agency for the current re-assessment of impacts under NEPA and effects to historic 

properties under Section 106. 

1. During the BLM leasing process, OSMRE participated with BLM as a 

cooperating agency. BLM used regulations that were current at the time. The 

regulations allowed for mitigation of affected historic properties to be conducted 

as a means to reach a “no adverse effect” determination. Current regulations have 

the equivalent process as a finding of “adverse effect” with the corresponding 

historic property mitigation as the means to resolve adverse effects. OSMRE 

relied upon the previous process in the decision that was voluntarily remanded. 

2. Through implementation of these stipulations, OSMRE modernizes the language 

and consultation requirements of the previous mitigation process, while 

maintaining the validity of BLM’s prior leasing responsibilities.
Record of Decision Appendix B

San Juan Mine Deep Lease Extension Section 106 Cultural Resources Stipulations

B-4

B. BLM, as a result of its leasing stipulations and land management responsibilities, is the 

responsible federal agency under Section 106 of the NHPA, for implementation of the 

continued monitoring plan, phased application of the criteria of adverse effect, and 

conducting consultations for the resolution of adverse effects, as applicable. In a letter 

dated September 25, 2018, BLM confirmed these responsibilities. 

C. The New Mexico SLO is responsible for the administration of State Trust Lands. 

OSMRE’s recommendation and the Department of the Interior’s decision whether to 

approve the proposed mining plan modification has the potential to affect historic 

properties in the State Trust Land section 32 discussed in the APE. OSMRE has no 

authority or jurisdiction over the management of State Trust Lands; therefore, the SLO

remains the land managing authority for the resolution of adverse effects within its 

domain. The SLO agreed with this approach.

D. The New Mexico Energy, Minerals and Natural Resources Department (EMNRD) 

administers the permit for SJCC to mine coal in the DLE APE and the entire San Juan 

Mine. SJCC must notify EMNDR of all cultural resource activities pursuant to this 

decision and these stipulations and comply with any reporting and permitting 

requirements imposed by EMNDR.

E. SJCC must be responsible for communicating with BLM, EMNDR, OSMRE, SHPO and 

or SLO, as appropriate regarding compliance with these stipulations. These 

responsibilities must transfer to any successor of SJCC. 

1. SJCC must prepare copies of monitoring reports, treatment plans, and treatment 

reports and mark them for the appropriate addressees. This stipulation specifically 

includes treatment plans marked for the BLM to transmit to the Hopi Tribe for 

comment, as well as any other tribe that OSMRE may later designate pursuant to

these stipulations.

2. SJCC must transmit all prepared documents pursuant to these stipulations for 

historic properties located within the DLE sections of the APE to the BLM for the 

BLM to circulate to the appropriate consulting parties. 

3. SJCC must transmit all prepared documents pursuant to these stipulations for 

historic properties located on State Trust Lands within the APE to the SLO and 

OSMRE.

4. SJCC must develop cultural resources awareness training and ensure that 

appropriate SJCC personnel complete that training. Appropriate personnel will 

include surface-working crew members who will be in position to impact cultural 

resources. At a minimum, the training will include the topics of cultural resource 

identification, discovering human remains or historic properties and consequences 

for damaging cultural resources. SJCC will consult with BLM, SHPO, EMNRD,

and OSMRE in developing the training. 
Record of Decision Appendix B

San Juan Mine Deep Lease Extension Section 106 Cultural Resources Stipulations

B-5

Stipulation 4. Resolution of Adverse Effects on BLM-managed Public Lands

A. Avoidance is the preferred mitigation. When SJCC determines that avoidance of a 

historic property is not possible or if the subsidence monitoring reveals adverse effects, 

SJCC must notify the BLM pursuant to these stipulations and the existing BLM lease as 

soon as is practical. The notice must include at a minimum: the nature of the surface 

action or disturbance, the nature of the historic property(ies) affected, and the type of 

treatment that will be proposed.

1. SJCC may opt to include a complete treatment plan at this stage of consultation.

2. SJCC may alternatively opt to consult with the BLM for guidance about 

appropriate treatment and subsequent development of a treatment plan. 

B. The BLM, pursuant to 36 CFR part 800 and the existing lease, will consult with SHPO 

and pursuant to 36 CFR 800.6 will must consult with the Hopi Tribe and any Indian tribe 

added pursuant to Stipulation 1(B), providing 30 days for comments on the treatment 

plan(s). BLM in a letter dated September 25, 2018 acknowledges that through the prior 

leasing process, with OSMRE as a cooperating agency, concurrence from OSMRE to the 

BLM for individual potential mitigation activities is not required. 

1. If no party comments or no changes to the treatment plan are requested, BLM will 

notify SJCC to proceed with the treatment plan. 

2. If a party comments and requests changes, BLM will consider the comments, 

impose at its discretion any necessary changes to SJCC and upon receipt of an 

updated treatment plan, request concurrence from the SHPO within 30 days.

C. Treatment Plan(s) must:

1. Be consistent with the Secretary of the Interior’s Standards and Guidelines, as 

amended and annotated (https://www.nps.gov/history/locallaw/arch_stnds_0.htm); 

2. Be consistent with the “Procedures for Performing Cultural Resource Fieldwork 

on Public Lands in the Area of New Mexico BLM Responsibilities,” BLM 

Manual Supplement H-8100-1, New Mexico, Oklahoma and Texas;

3. Describe the properties to be affected by mining and associated operations and the 

nature of those effects; 

4. Identify the significant values of the properties within relevant historic contexts, 

as defined in NRHP Bulletin 16 (How to Complete the NRHP Registration Form); 

and 

5. Specify any measures to avoid, reduce, or mitigate adverse effects on those 

significant values. 
Record of Decision Appendix B

San Juan Mine Deep Lease Extension Section 106 Cultural Resources Stipulations

B-6

D. If mining and related activities remain unchanged, nothing in these stipulations will be 

construed to require OSMRE to reconsider or require further treatment or other steps to 

resolve adverse effects for historic properties considered previously in Section 106 

consultations relating to activities in the DLE APE.

Stipulation 5. Resolution of Adverse Effects on State Trust Lands

A. Cooperating consultation between BLM and OSMRE about the 1998 BLM lease and the 

subsequent voluntarily remanded OSMRE preparation of the Mining Plan Decision 

Document did not include the State Trust Lands Section 32 that is currently included in 

OSMRE’s APE. The APE was determined through consultation with the SHPO under the 

EIS to include the SLO section 32. Therefore, BLM has no NHPA responsibility over 

Section 32 and OSMRE cannot defer to BLM as responsible federal agency for any 

monitoring for adverse effects, phased application of the criteria of adverse effect, or 

resolution of adverse effect. 

B. Pursuant to New Mexico state law, the SLO is the agency with jurisdiction over State 

Trust Lands. If SJCC must adversely affect historic properties on Section 32 that do not 

overlap jurisdiction onto BLM-managed public lands, SJCC will consult with OSMRE, 

the SHPO, and the SLO to determine the appropriate steps to resolve adverse effects. T

1. Archaeological investigations designed to mitigate adverse effects to cultural 

properties on State Trust Land Section 32 shall require a project-specific permit in 

accordance with CPRC rule 4.10.16 NMAC – Permits to Conduct Archaeological 

Investigations on State Land.

2. Treatment plan(s) shall be consistent with CPRC rule 4.10.16 NMAC – Standards 

for Excavation and Test Excavation.

Stipulation 6. Discovery and Treatment of American Indian Remains and Cultural Objects

When an unmarked human burial or unregistered grave is encountered during operation and 

maintenance activities, SJCC will ensure that work is halted within 100 feet of the discovery to 

protect the remains and any and all human remains, sacred objects, and objects of cultural 

patrimony will be treated with dignity and respect.

A. BLM-managed public lands: Upon discovery, SJCC will comply with applicable laws, 

regulations, and guidelines including the Native American Graves Protection and 

Repatriation Act of 1990 (NAGPRA) (25 USC 3001[3]; 43 CFR part 10), and ACHP 

Policy Statement Regarding the Treatment of Burial Sites, Human Remains and Funerary 

Objects (February 23, 2007). 

B. New Mexico State Trust Land Section 32: Upon discovery, SJCC will comply with the 

New Mexico Cultural Properties Act (N.M. Stat. Part 18-6-11.2, as amended through 

2005) and implementing regulation 4.10.11, NMAC. The ACHP Policy Statement 

Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects 

(February 23, 2007) must also be followed.
Record of Decision Appendix B

San Juan Mine Deep Lease Extension Section 106 Cultural Resources Stipulations

B-7

Stipulation 7. Confidentiality

The distribution of sensitive information about the locations and nature of inventoried historic 

properties must be limited as provided for by Section 304 of the NHPA, 36 CFR 800.11(c), and 

Section 9(a) of the Archaeological Resource Protection Act (ARPA), 16 USC 470hh(a); and 

regulations implementing the Surface Mining Control and Reclamation Act (30 CFR 

773.6(d)(3)(iii)). 

Stipulation 8. Unanticipated Discoveries

If during mining operations unidentified prehistoric or historic resources including traditional 

cultural properties are discovered on BLM-managed public lands, the operator must ensure that 

work is halted within 100 feet of the discovery and the resources are not disturbed and must 

notify New Mexico EMNRD, OSMRE, and BLM. The operator must take such actions as are 

required by the EMNRD, in coordination with OSMRE and/or BLM. 

If during mining operations unidentified prehistoric or historic resources including traditional 

cultural properties are discovered on SLO-managed State Trust Lands, the operator shall ensure 

that the resources are not disturbed and shall notify EMNRD, OSMRE and the SLO. The 

operator shall take such actions as are required by the EMNRD, in coordination with OSMRE 

and the SLO. 

Stipulation 9. Curation

A. The BLM will curate any artifacts, materials, and records resulting from archaeological 

identification and mitigation conducted on public lands under their jurisdiction in 

accordance with 36 CFR Part 79 and NAGPRA (25 USC 3001[3]; 43 CFR Part 10). 

SHPO recommends curation at the Museum of Indian Arts and Culture; the curation 

facility is up to the discretion of the BLM.

B. On BLM-managed public lands, BLM will determine the disposition of human burials, 

human remains, and funerary objects in accordance with NAGPRA (25 USC 3001[3]; 43 

CFR Part 10). 

C. Any artifacts, materials, and records recovered from BLM jurisdiction will be curated at 

the expense of SJCC.

D. All artifacts recovered from lands owned, controlled, or operated by the State of New 

Mexico, including associated records and documentation, will be curated at the Museum 

of New Mexico, Museum of Indian Arts and Culture, at the expense of SJCC.

E. On State Trust Land, the SHPO will determine the disposition of human burials, human 

remains, and funerary objects in accordance with the Section 18-11-2 of the Cultural 

Properties Act and implementing rule 4.10.11 NMAC.
Record of Decision Appendix B

San Juan Mine Deep Lease Extension Section 106 Cultural Resources Stipulations

B-8

Stipulation 10. Professional Qualifications and Permits

SJCC must ensure that all historic preservation work pursuant to this decision is conducted by or 

under the supervision of a person or persons meeting the Secretary of the Interior’s Professional 

Qualifications Standards (36 CFR part 61), and in accordance with all required permits including 

those required for work on public lands, and State Trust Lands within the State of New Mexico.

Stipulation 11. Dispute Resolution

Should any consulting party object to any actions proposed or carried out pursuant to these 

stipulations, the party must notify the BLM and OSMRE in writing. Specifically open to dispute 

under these stipulations are the phased results of identification of historic properties as they 

pertain to Indian tribes that ascribe religious or cultural significance, phased application of the 

criteria of adverse effect as it applies to subsidence monitoring and currently unknown future 

surface activities, and the phased resolution of adverse effects. 

A. If the dispute is about the phased determination of whether a property is eligible, OSMRE 

must follow 36 CFR 800.4(c)(2) to determine whether a property is eligible. 

B. If the dispute is about the phased application of the criteria of adverse effect, BLM will 

follow 36 CFR 800.5(c)(2) to work through a disagreement with finding. 

C. If the dispute is about the phased resolution of adverse effects and the BLM and SHPO 

cannot agree, BLM will follow 36 CFR 800.7 for failure to resolve adverse effects. 

D. For any other disputes, OSMRE or BLM will follow the appropriate regulations within 

36 CFR part 800.

Stipulation 12. Amendments 

These stipulations may be superseded and thereby amended through the execution of an 

encompassing San Juan Mine Programmatic Agreement if such an agreement specifically states 

that it supersedes these stipulations for the DLE and OSMRE, BLM, and SHPO at a minimum 

are signatories to the agreement.

Stipulation 13. Duration 

Unless amended pursuant to Stipulation 12, these stipulations must remain in effect for the 

entirety of mining and reclamation in accordance with the currently evaluated mining plan within 

the DLE.