3425 WYW146744

FINAL ENVIRONMENTAL IMPACT STATEMENT FOR THE NORTH JACOBS RANCH COAL LEASE APPLICATION WYW146744

N O T I C E

On August 8, 2001, the Final Environmental Impact Statement (FEIS) for the North Jacobs Ranch Coal Lease Application, Serial Number WYW146744, was provided to the public for review.

On August 24, 2001, the Environmental Protection Agency (EPA) will publish its 30-day notice of availability in the Federal Register. The Bureau of Land Management will accept comments on this FEIS thru September 24, 2001. Comments received during the EPA notice of availability period will be considered in preparing the Record of Decision.

Please send written comments to Bureau of Land Management, Casper Field Office, Attn: Nancy Doelger, 2987 Prospector Drive, Casper, WY 82604. Written comments may also be e-mailed to the attention of Nancy Doelger at “[email protected].” E-mail comments must include the name and mailing address of the commentor to receive consideration. Written comments may also be faxed to 307-261-7587.

Comments, including names and street addresses of respondents, will be available for public review at the Bureau of Land Management, Casper Field Office, 2987 Prospector Drive, Casper, Wyoming, during regular business hours (8 a.m. to 4:30 p.m.), Monday through Friday, except holidays. Individual respondents may request confidentiality. If you wish to withhold your name or street address from public review or from disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your written comment. Such requests will be honored to the extent allowed by law. All submissions from organizations or businesses, and from individuals identifying themselves as representatives of officials of organizations or businesses, will be made available for public inspection in their entirety.

If you have any questions or would like to obtain additional copies of this FEIS, please contact Nancy Doelger at 307-261-7627, or at the above address.

Alan L. Kesterke Associate State Director

FINAL

ENVIRONMENTAL IMPACT STATEMENT FOR THE NORTH JACOBS RANCH COAL LEASE APPLICATION (FEDERAL COAL LEASE APPLICATION WYW146744)

Prepared for

U.S. Department of the Interior Bureau of Land Management Casper Field Office Casper, Wyoming

and

Cooperating Agency

U.S. Office of Surface Mining Reclamation and Enforcement Denver, Colorado

by

WWC Engineering Sheridan, Wyoming

JUNE 2001 Executive Summary

EXECUTIVE SUMMARY an LBA, the BLM must evaluate the quantity, quality, maximum economic On October 2, 1998, JRCC1 filed an recovery, and fair market value of the application with the BLM for a federal coal and fulfill the maintenance coal lease for federal requirements of NEPA by evaluating coal reserves located north and west the environmental impacts of leasing of JRCC's existing Jacobs Ranch and mining the federal coal. Mine (Figures ES-1 and ES-2). This coal lease application, which is To evaluate the environmental referred to as the North Jacobs Ranch impacts of leasing and mining the LBA Tract, was assigned case file coal, the BLM must prepare an EA or number WYW146744. As applied for, an EIS to evaluate the site-specific this tract includes approximately and cumulative environmental and 4,821 acres and approximately 533 socioeconomic impacts of leasing and million tons of in-place federal coal. developing the federal coal in the The lands applied for in this application area. The BLM made a application are located in decision to prepare an EIS for this southeastern Campbell County, lease application. The DEIS was Wyoming, approximately 7 miles east released to the public in December of Wright, Wyoming. 2000, and a formal public hearing was held in Gillette, Wyoming on This lease application was reviewed January 17, 2001. by the BLM, Wyoming State Office, Division of Mineral and Lands BLM will use the analysis in this EIS Authorization, and it was determined to decide whether or not to hold a that the application and the lands public, competitive, sealed-bid coal involved met the requirements of the lease sale for the federal coal tract regulations governing coal leasing on and issue a federal coal lease. If a application at Title 43 of the Code of sale is held, the bidding at that sale Federal Regulations Part 3425.1 (43 would be open to any qualified CFR 3425.1). The application was bidder; it would not be limited to the also reviewed by the PRRCT at public applicant. If a lease sale is held, a meetings held on February 23, 1999, federal coal lease would be issued to in Billings, Montana, on October 27, the highest bidder at the sale if a 1999, in Gillette, Wyoming, and on federal sale panel determined that the October 25, 2000, in Cheyenne, high bid at that sale meets or exceeds Wyoming. At the most recent the fair market value of the coal as meeting, the PRRCT recommended determined by BLM's economic that the BLM continue to process the evaluation, and if the U.S. lease application. In order to process Department of Justice determines that there are no antitrust violations if a lease is issued to the high bidder at the sale. JRCC previously applied 1 Refer to page viii for a list of for federal coal under the LBA abbreviations and acronyms used in this document.

Final EIS, North Jacobs Ranch Coal Lease Application ES-1

Executive Summary process, was the successful high This FEIS analyzes four alternatives: bidder when a competitive lease sale was held, and, in 1992, was issued a The Proposed Action is to hold maintenance lease adjacent to this a competitive coal lease sale same mine. and issue a maintenance lease to the successful bidder for the Other agencies, including OSM, a North Jacobs Ranch LBA Tract cooperating agency on this EIS, will as applied for (Figure ES-2). also use this analysis to make Under the Proposed Action, decisions related to leasing and JRCC currently estimates that mining the federal coal in this tract. average annual production The USFS is not a cooperating agency would be 21 million tons per on this EIS because there are no year, and the life of the existing federal surface lands managed by the mine would be extended by USFS included in the North Jacobs approximately 23 years. Ranch LBA Tract. Current employment at the Jacobs Ranch Mine is 333. If The lands in the North Jacobs Ranch the LBA tract is acquired, LBA Tract have been subjected to four JRCC anticipates that coal planning screens and determined employment would remain at acceptable for consideration for 333 persons. leasing. A decision to lease the federal coal lands in this application Alternative 1 is the No Action would be in conformance with the Alternative. Under this BLM Resource Management Plan for alternative, the LBA tract the Buffalo Field Office. would not be leased, but the existing leases at the adjacent The North Jacobs Ranch LBA Tract is Jacobs Ranch Mine and Black contiguous with both the Jacobs Thunder Mine would be Ranch Mine and the Black Thunder developed according to the Mine, owned by Ark Land Co. existing approved mining plans. Under the No Action The LBA sale process is, by law and Alternative, the Jacobs Ranch regulation, an open, public, Mine would mine its remaining competitive sealed-bid process. If a 190.8 million tons of in-place lease sale is held for this LBA tract, leased coal reserves in the applicant (JRCC ) may not be the approximately 7 years at an successful high bidder. The analysis average annual production rate in this EIS assumes that JRCC would of 24.5 million tons per year be the successful bidder on the North and average employment would Jacobs Ranch LBA Tract if a sale is be 333 persons. held, and that it would be mined as a maintenance tract for the Jacobs Alternative 2 the preferred Ranch Mine. alternative of the BLM, considers holding a competitive

ES-4 Final EIS, North Jacobs Ranch Coal Lease Application Executive Summary

coal lease sale and issuing a situation. Under this maintenance lease to the alternative, the tract would successful bidder for the North include approximately 3,364 Jacobs Ranch LBA Tract as acres and 326 million tons of reconfigured by BLM (Figure in-place coal. Production and ES-2). BLM developed an employment would be similar amended tract configuration in to the Proposed Action. order to avoid a potential future bypass situation. Under Table ES-1 summarizes coal this alternative, approximately production, surface disturbance, and 161 acres containing about 4 mine life for the Jacobs Ranch Mine million tons of unleased federal under each alternative. The coal east of the North Jacobs environmental impacts of mining the Ranch LBA Tract as applied for LBA tract would be similar under the would be added to the tract. Proposed Action and Alternatives 2 Portions of the area that would and 3. be added under Alternative 2 lie within the proposed right-of­ Other alternatives that were way for the proposed DM&E considered but not analyzed in detail railroad. If the DM&E project include holding a competitive coal is constructed as proposed lease sale and issuing a lease to the prior to the removal of the coal, successful bidder (not the applicant) mining of these lands would for the purpose of developing a new potentially be precluded, and stand-alone mine, expanding the the coal could not be recovered. tract to include additional lands Under this alternative, applied for as part of the State production and employment Section LBA Tract application, and would be similar to the delaying the competitive sale of the Proposed Action. LBA tract. The State Section LBA Tract application has been withdrawn Alternative 3 also considers by the applicant. holding a competitive coal lease sale and issuing a maintenance Critical elements of the human lease to the successful bidder environment (BLM 1988) that could for a reconfigured North Jacobs be affected by the proposed project Ranch LBA Tract (Figure ES-2). include air quality, cultural BLM would remove resources, Native American religious approximately 1,620 acres from concerns, threatened, endangered the western part of the North (T&E), and candidate plant and Jacobs Ranch LBA Tract in animal species, hazardous or solid order to reduce conflicts with wastes, water quality, existing and proposed oil and wetlands/riparian zones, gas development and would environmental justice, and invasive add about 161 acres east of the nonnative species. Five critical tract to avoid a future bypass

Final EIS, North Jacobs Ranch Coal Lease Application ES-5 ES-6 Executive Summary Table ES-1. Summary Comparison of Coal Production, Surface Disturbance, and Mine Life for North Jacobs Ranch LBA Tract and Jacobs Ranch Mine. Item No Action Alternative Added by Added by Added by (Existing Jacobs Proposed Action Alternative 2 Alternative 3 Ranch Mine) In-Place Coal (as of 1/1/01) 190.8 mmt 533 mmt 537 mmt 326 mmt Recoverable Coal (as of 172 mmt 479.7 mmt 483.3 mmt 293.4 mmt 1/1/01)1 Coal Mined Through 2000 381.5 mmt — — --­ Lease Acres2 6,955 ac 4,821.19 ac 4,982.24 ac 3,363.58 ac Total Area To Be Disturbed2 8,122 ac 5,364 ac 5,465 ac 3,689 ac Permit Area2 9,283.78 ac 6,110 ac 6,205 ac 4,131 ac Average Annual Post-2000 Coal 24.5 mmt -3.5 mmt -3.5 mmt -3.5 mmt

Final EIS, North JacobsRanch CoalLeaseApplication Production Remaining Life Of Mine (post­ 7 yrs 23 yrs 23.2 yrs 14 yrs 2000) Average No. of Employees 333 0 0 0 Total Projected State Revenues $ 189.2 million $ 527.7 million $ 531.6 million $ 322.7 million (post-2000)3 Total Projected Federal $ 64.0 million $ 178.6 million $ 179.9 million $ 109.2 million Revenues (post-2000)4 Footnotes: 1 Assumes 90 percent recovery of leased coal.

2 For the Proposed Action and Alternatives 2 and 3, the disturbed acreage exceeds the leased acreage because of the need for highwall reduction, topsoil removal and other activities outside the lease boundaries. The permit area is larger than leased or disturbed areas to assure that all disturbed lands are within the permit boundary and to allow easily defined legal land description.

3 Projected revenue to the State of Wyoming is $1.10 per ton of coal sold and includes income from severance tax, property and production taxes, sales and use taxes, and Wyoming's share of federal royalty payments (University of Wyoming 1994).

4 Federal revenues based on $4.00 per ton price x federal royalty of 12.5 percent x amount of recoverable coal plus bonus payment on LBA coal of $0.22 per ton based on average of last nine LBA's (Table 1-1) x amount of leased coal less state's 50 percent share. Executive Summary elements (areas of critical vertical height equal to overburden environmental concern, prime and plus coal thickness would exist in the unique farmland, wild and scenic active pits. Following reclamation, the rivers, floodplains, and wilderness) average surface elevation would be are not present in the project area lower due to removal of the coal. The and are not addressed further. In reclaimed land surface would addition to the critical elements that approximate premining contours and are potentially present in the project the basic drainage network would be area, the EIS discusses the status retained, but the reclaimed surface and potential effects of the project on would contain fewer, gentler topography and physiography, topographic features. This could geology and mineral resources, soils, contribute to reduced habitat water availability and quality, alluvial diversity and wildlife carrying valley floors, vegetation, wildlife, land capacity on the LBA tract. These use and recreation, paleontological topographic changes would not resources, visual resources, noise, conflict with regional land use, and transportation resources, and the postmining topography would socioeconomics. adequately support anticipated land use. The project area is located in the PRB, a part of the Northern Great The geology from the base of the coal Plains that includes most of to the land surface would be subject northeastern Wyoming. The North to considerable long-term change on Jacobs Ranch LBA Tract is located in the LBA tract under any action the south-central part of the PRB. alternative. An average of 215 ft of The elevation ranges from about overburden, 3 ft of interburden and 4,500 to 4,800 ft in an area of 64 ft of coal would be removed from dissected uplands. In the LBA tract, the LBA tract. The replaced there are three mineable coal seams, overburden would be a relatively referred to as the Upper, Middle, and homogeneous mixture compared to Lower Wyodak coal seams. The the premining layered overburden. Upper Wyodak coal seam averages 12.5 feet in thickness on the LBA Development of other minerals tract, the Middle Wyodak coal seam potentially present on the LBA tract averages 51.5 feet in thickness, and could not occur during mining, but the Lower Wyodak seam averages 8.2 could occur after mining. feet in thickness. The average Conventional oil and gas wells would overburden thickness is about 215 ft. have to be plugged and abandoned The intervals between the coal seams during mining but could be range from a few feet to more than 20 recompleted after mining if the feet. remaining reserves justify the expense of the recompletion. There The existing topography on the LBA are 21 active conventional oil and gas tract would be substantially changed wells located on the tract under the during mining. A highwall with a Proposed Action and Alternative 2,

Final EIS, North Jacobs Ranch Coal Lease Application ES-7 Executive Summary and 14 active wells under Alternative premining soils in texture, structure, 3. CBM resources associated with color, accumulation of clays, organic the coal that are not recovered prior matter, microbial populations, and to mining would be vented to the chemical composition. The replaced atmosphere and irretrievably lost topsoil would be much more uniform when the coal is removed. Rim in type, thickness, and texture. It Operating, Inc. is the owner of most would be adequate in quantity and of the CBM drilling rights on the quality to support planned North Jacobs Ranch LBA Tract. As of postmining land uses (i.e., wildlife January 2001, they had drilled 33 habitat and rangeland). CBM wells on the North Jacobs Ranch LBA Tract. Thirteen of these Moderately adverse short-term wells began producing in December impacts to air quality would be 2000, and thirteen wells began extended onto the North Jacobs producing in January 2001. Rim Ranch LBA Tract during the time it is plans more drilling in this area. mined if a lease is issued. Dust would Approximately 60 CBM drilling be visible to the public when mining locations are present on the LBA tract occurs near State Highways 59 or 450 if one well is drilled on every 80-acre or the Hilight Road. TSP spacing unit in the tract. BLM’s concentrations would be elevated in policy is to optimize recovery of both the vicinity of mining operations on resources, ensure the public receives the LBA tract, but would not violate a reasonable return, and encourage federal or Wyoming primary and agreements between lessees or use secondary standards outside the BLM authority to minimize loss of mine’s permit boundary, even with publicly-owned resources. increased production and when Negotiations are ongoing between emissions from adjacent mines are JRCC and the existing oil and gas considered. Concentrations of lessees on how to proceed with both gaseous emissions would remain operations if the coal tract is leased. within acceptable federal and state An agreement on how to coordinate standards. recovery of both resources could help increase CBM recovery prior to There is public concern over the mining and reduce scheduling releases of NOx from overburden impacts to the coal mining. Without blasting prior to coal removal. Low- an agreement, CBM recovery could be lying, gaseous orange clouds reduced, coal mining could be containing NOx that can be postponed, or coal may not be transported by wind have formed recovered. after overburden blasting. Exposure

to NOx can cause adverse health Consequences to soil resources from effects. EPA has expressed concerns mining the LBA tract would include that NOx levels in some blasting changes in the physical, biological, clouds may be sufficiently high at and chemical properties. Following times to cause human health effects. reclamation, the soils would be unlike As a result of these incidents, WDEQ

ES-8 Final EIS, North Jacobs Ranch Coal Lease Application Executive Summary has directed some mines to take steps for each of the six monitors ranged designed to mitigate the effects of NO2 from 0 to 1.65 ppm NO2. emissions occurring from overburden blasting. Changes in runoff characteristics and sediment discharges would occur To date, none of the incidents of during mining of the LBA tract, and concern have occurred at the Jacobs erosion rates could reach high values Ranch Mine. There have been no on the disturbed areas because of complaints to the mine or the WDEQ vegetation removal. However, state about blasting clouds produced from and federal regulations require that the mine. Based on the size and surface runoff from mined lands be nature of their blasting, the WDEQ treated to meet effluent standards, so has not directed the Jacobs Ranch sediment would be deposited in Mine to take any of these steps to ponds or other sediment-control mitigate or prevent blasting clouds. devices. After mining and Jacobs Ranch Mine has voluntarily reclamation are complete, surface established warning signs along water flow, quality, and sediment public roadways. discharge would approximate premining conditions. In the summer of 1999 a collaborative group of PRB mines, under the Air Mining the LBA tract would increase Quality Subcommittee of the WMA, both the area of lowered water levels collected background air quality data in the coal and overburden aquifers and developed a monitoring program and the area where the existing coal to collect information on the contents and overburden aquifers would be of post-blast clouds. A report replaced by mine backfill. Drawdown prepared by the subcommittee and in the continuous coal aquifer would titled Powder River Basin Short-term be expected to increase roughly in

Exposure NO2 Study provides a proportion to the increase in area summary of that data. The OSHA affected by mining and would extend Immediately Dangerous of Life and farther than drawdown in the Health threshold is 20 ppm (37,600 discontinuous overburden aquifers.

µg/m3) and the EPA Significant Harm The data available indicate that Level threshold is 2 ppm (3,760 hydraulic properties of the backfill

µg/m3). During the monitoring would be comparable to the program described above, the premining overburden and coal maximum one-minute average valid aquifers. Total dissolved solids levels values observed for each of the six in the backfill could initially be monitors ranged from 0 to 8.0 ppm expected to be higher than in the

NO2. The maximum one-minute premining overburden and coal average reading at the monitoring aquifers, but would be expected to station closest to Jacobs Ranch Mine, meet Wyoming Class III standards for was 1.7 ppm NO2. The maximum 15­ use as stock water. minute average valid values observed

Final EIS, North Jacobs Ranch Coal Lease Application ES-9 Executive Summary

Based on preliminary AVF would potentially be a decreased big determinations, it is unlikely that any game habitat carrying capacity. portions of the LBA tract meet the However, a diverse, productive, and criteria to be AVF’s significant to permanent vegetative cover would be agriculture. AVF’s that are not established on the LBA tract within significant to agriculture can be about 10 years following reclamation, disturbed during mining but must be prior to release of the final restored as part of the reclamation reclamation bond. The decrease in process. Jurisdictional wetlands that plant diversity would not seriously are disturbed by mining must be affect the potential productivity of the replaced during the reclamation reclaimed areas, and the proposed process. postmining land uses (wildlife habitat and rangeland) should be achieved A total of 5.22 acres of jurisdictional even with the changes in vegetation wetlands comprised of 2.81 acres of composition and diversity. The manmade stockponds and 2.41 acres reclamation plans for the LBA tract of portions of ephemeral stream would also include steps to control channels were identified within the invasion by weedy (invasive, LBA tract under the Proposed Action. nonnative) plant species. The surface Existing wetlands located in the LBA of the LBA tract is privately owned, tract would be destroyed by mining and the private landowners would operations. Jurisdictional wetlands have the right to manipulate the that are disturbed by mining must be vegetation on their lands as they replaced during the reclamation desire once the final reclamation process. bond is released.

Mining would progressively remove Surveys have been conducted to the native vegetation on the LBA determine the presence of potential tract. Reclamation and revegetation habitat for T&E or candidate plant of this land would occur species, but no suitable habitat has contemporaneously with mining. Re­ been found on the North Jacobs established vegetation would be Ranch LBA Tract. dominated by species mandated in the reclamation seed mixtures, which In the short term, wildlife would be are approved by the WDEQ. The displaced from the LBA tract in areas majority of these species would be of active mining and the acreage of native to the LBA tract. Initially, the habitat available for wildlife reclaimed land would be dominated populations would be reduced. by grassland vegetation which would However, the LBA tract does not be less diverse than the premining contain any unique or crucial big vegetation. Estimates for the time it game habitat, and habitat would be would take to restore sagebrush to disturbed in parcels, with reclamation premining density levels range from progressing as new disturbance 20 to 100 years. An indirect impact occurs. In the long term, following associated with this vegetative change reclamation, carrying capacity and

ES-10 Final EIS, North Jacobs Ranch Coal Lease Application Executive Summary habitat diversity may be reduced due production would have to be removed to flatter topography, less diverse prior to mining. New drilling would vegetative cover and reduction in not be possible in areas of active sagebrush density. mining, but could potentially take place in areas not being mined, or in T&E wildlife surveys specific to the reclaimed areas. CBM that is not proposed lease tract were conducted recovered prior to mining would be in the summer of 1999. No T&E vented and irretrievably lost as the species or potential habitat were coal is removed. found on the tract for the bald eagle, black-footed ferret, or mountain Cultural resources on the LBA tract plover during those surveys. There would be impacted by mining, but have been no sitings of swift foxes on adverse impacts would be mitigated the LBA tract or adjacent lands, and through data recovery and/or there are no prairie dog colonies on avoidance of significant properties. the tract. Formal Wyoming SHPO consultation is required for concurrence with Active mining would preclude other determination of the eligibility of sites land uses. Recreational use of the for inclusion on the NRHP prior to LBA tract would be severely limited mining. The eligible cultural during mining; however, there is no properties on the LBA tract which public surface included in the tract. cannot be avoided or which have not Within 10 years after initiation of already been subjected to data each reclamation phase, rangeland recovery action would be carried and wildlife use would return to near forward in the mining and premining levels. The cumulative reclamation plan as requiring impacts of energy development (coal protective stipulations until a testing, mining, oil and gas) in the PRB are mitigation, or data recovery program and will continue to contribute to a is developed in consultation with the reduction in hunting opportunities for SHPO. some animals (pronghorn, mule deer, and sage grouse). No sites of Native American religious or cultural importance have been Mining would also impact oil and gas identified on the LBA tract. If such development on the leased lands sites or localities are identified at a during active mining. The federal oil later date, appropriate action must be and gas rights are leased. As taken to address concerns related to discussed above, there are active those sites. conventional oil and gas wells and CBM wells on the tract under the No unique or significant Proposed Action and Alternatives 2 paleontological resources have been and 3. Existing active wells would identified on the North Jacobs Ranch have to be plugged and abandoned LBA Tract, and the likelihood of and all production and transportation encountering significant equipment associated with oil and gas paleontological resources is small.

Final EIS, North Jacobs Ranch Coal Lease Application ES-11 Executive Summary

Mining activities at the existing Wyoming of $322.7 to $527.7 million, Jacobs Ranch Mine are currently expressed in current dollars. Mine visible from the Hilight Road and life, and thus employment, would be State Highway 450, and mining extended roughly 14 to 23 years at activities on the North Jacobs Ranch the Jacobs Ranch Mine, and JRCC LBA Tract would also be visible from projects that employment at the mine these roads. Mining would affect would remain at 333 persons. landscapes classified by BLM as VRM Class IV, and the landscape character With regard to Environmental Justice would not be significantly changed issues, it was determined that following reclamation. No unique potentially adverse impacts do not visual resources have been identified disproportionately affect minorities, on or near the LBA tract. low-income groups or Native American tribes or groups. No tribal Impacts from noise generated by lands or Native American mining activities on the LBA tract are communities are included in this not expected to be significant due to area, and no Native American treaty the remote nature of the site. rights or Native American trust resources are known to exist for this No new or reconstructed coal area. transportation facilities would be required under the Proposed Action Under the No-Action Alternative, the or Alternatives 2 or 3. Leasing the coal lease application would be LBA tract would extend the length of rejected and the area contained in the time that coal is shipped from the application would not be offered for permitted Jacobs Ranch Mine. Active lease at this time. The tract could be pipelines and utility lines would have nominated for lease again in the to be relocated in accordance with future. Under the No Action previous agreements, or agreements Alternative, the impacts described in would have to be negotiated for their the preceding paragraphs to removal or relocation. topography and physiology, geology and minerals, soils, air quality, water Royalty and bonus payments for the resources, alluvial valley floors, coal in the LBA tract would be wetlands, vegetation, wildlife, collected by the federal government threatened, endangered and and split with the state. A 1994 candidate species, land use and University of Wyoming study recreation, cultural resources, Native estimated that the total direct fiscal American concerns, paleontological benefit to the State of Wyoming from resources, visual resources, noise, coal mining taxes and royalties is transportation, and socioeconomics $1.10/ton of coal mined. Using that would occur on the existing Jacobs estimate, mining the coal in the North Ranch coal leases, but these impacts Jacobs Ranch LBA Tract under the would not be extended onto the LBA action alternatives would provide a tract. Portions of the North Jacobs tax and royalty benefit to the State of Ranch LBA Tract adjacent to the

ES-12 Final EIS, North Jacobs Ranch Coal Lease Application Executive Summary existing Jacobs Ranch and Black applications contain approximately Thunder Mines would be disturbed to 2.3 billion tons of coal. recover the coal in the existing leases. The Wyoming and Montana BLM If impacts are identified during the state offices completed a study leasing process that are not mitigated entitled "Powder River Basin Status by existing required mitigation Check" in 1996. The purpose of this measures, BLM can include study was to document actual additional mitigation measures, in the mineral development impacts in the form of stipulations on the new lease, Powder River Basin from 1980 to within the limits of its regulatory 1995 and compare them with mineral authority. BLM has not identified development impacts that were additional special stipulations that predicted to occur by 1990 in the five should be added to the BLM lease or previously prepared Powder River areas where additional or increased Basin regional EISs. This study monitoring measures are concluded that, in general, the levels recommended. of development in 1995 were within the levels predicted in the previously Cumulative impacts result from the prepared regional EISs. The status incremental impacts of an action check was updated prior to the 1997 added to other past, present, and and 1999 PRRCT public meetings in reasonably foreseeable future actions, Casper, Wyoming and Billings, regardless of who is responsible for Montana. such actions. Cumulative impacts can result from individually minor, Four of the previously prepared but collectively significant, actions regional EISs evaluated coal occurring over time. development in the Powder River Basin in Wyoming. They are: Since decertification of the Powder River Federal Coal Region in 1990, Final Environmental Impact Statement, the BLM Wyoming State Office has Eastern Powder River Coal Basin of issued 10 new federal coal leases Wyoming, BLM, October 1974; containing approximately 2.747 billion tons of coal using the LBA Final Environmental Impact Statement, process. This leasing process has Eastern Powder River Coal, BLM, undergone the scrutiny of two March 1979; appeals to the Interior Board of Land Appeals and one audit by the General Final Environmental Impact Statement, Accounting Office. Powder River Coal Region, BLM, December 1981; Eight additional coal lease applications, including the North Draft Environmental Impact Statement, Jacobs Ranch application, are Round II Coal Lease Sale, Powder currently pending. The pending LBA River Region, BLM, January 1984.

Final EIS, North Jacobs Ranch Coal Lease Application ES-13 Executive Summary

For Wyoming, the status check included 3,600 square miles of mixed compared actual development in federal, state, and private lands. The Campbell and Converse counties with EIS analyzed the impacts of drilling predictions in the 1979 and 1981 and producing up to 5,000 new Final EIS’s, and USGS Water federal, state, and private CBM wells Resources Investigations Report 88­ in addition to the 890 wells that had 4046, entitled "Cumulative Potential been evaluated in previous NEPA Hydrologic Impacts of Surface Coal documents. BLM recently completed Mining in the Eastern Powder River an EA to analyze the impacts of Structural Basin," by Martin and drilling as many as 2,500 additional others. federal drainage protection wells within the Wyodak EIS project area. Since 1989, coal production in the These wells would be drilled and Powder River Basin has increased by produced to prevent the loss of approximately 6.8 percent per year. federal CBM resources and The increasing state production is corresponding royalties from primarily due to increasing sales of undrilled federal oil and gas leases low-sulfur, low-cost PRB coal to that are adjacent to and potentially electric utilities who must comply being drained by wells drilled on with Phase I requirements of Title III private or state oil and gas leases. of the 1990 Clean Air Act BLM is also preparing an EIS to Amendments. Electric utilities analyze the cumulative impacts of account for 97 percent of Wyoming's reasonably foreseeable CBM and coal sales. Oil production has conventional oil and gas development decreased in the Wyoming Powder within the Wyoming portion of the River Basin since 1990. In recent PRB. The regional coal EISs (BLM years, more wells have been plugged 1974, 1979, 1981, 1984) and the annually than have been drilled. Buffalo RMP (BLM 1985) analyzed oil and gas development but did not Natural gas production has been anticipate that the oil and gas increasing, particularly in Campbell development would include County, due to the development of production of CBM resources. shallow CBM resources west of the coal mines. CBM exploration and Under the current process for development is currently ongoing approving CBM drilling, CBM wells throughout the PRB in Wyoming, and can be drilled on private and state oil it is estimated that as of October and gas leases after approval by the 2000 there were more than 5,000 WOGCC and the Wyoming SEO. On productive wells in place. Since the federal oil and gas leases, BLM must early 1990's, the BLM has completed analyze the individual and cumulative numerous EAs and two EISs environmental impacts of all drilling, analyzing CBM projects. The last EIS as required by NEPA, before CBM was the Wyodak CBM Project EIS, drilling can be authorized. which was completed in 1999. The Wyodak CBM Project EIS area

ES-14 Final EIS, North Jacobs Ranch Coal Lease Application Executive Summary

Water and methane are produced Complex and construction and use of from the coal by CBM wells, and the the proposed DM&E rail line. One area of CBM development in the PRB project, the ENCOAL facility, which at is west of the existing coal mines. one time was scheduled for Therefore, the potential exists for construction at the North Rochelle overlapping groundwater drawdown Mine, has been indefinitely delayed. in the coal if both resources are The Two Elk and DM&E projects, due produced. As CBM production to their locations, could have directly continues adjacent to the five overlapping impacts with the impacts southern mines, the resulting of mining the North Jacobs Ranch groundwater withdrawal from the LBA Tract. Air quality, water quantity Wyodak coal would overlap additively and quality, and employment levels in with groundwater drawdown in the particular may be cumulatively Wyodak caused by coal mining. impacted if these projects are added to existing coal mining and CBM Other mineral development levels in production. The duration of these the Wyoming PRB are currently lower cumulative impacts would be than predicted in the EIS’s. In the extended by leasing the LBA tract. 1970's, significant uranium development was anticipated in The existing and proposed southwest Campbell County and development in the PRB has and will northwest Converse County. This continue to result in the introduction development did not materialize of additional roads, railroads, power because the price of uranium dropped lines, fences, mine structures, and oil in the early 1980's. There are and gas production equipment. This currently two in situ uranium area has already undergone change operations in Converse and Johnson from a semi-agriculturally based counties, but no mines and no mills. economy to a coal mining and oil and Wyoming uranium production is gas economy. Environmentally, the expected to decrease this year. open, basically treeless landscape has been visibly altered by construction, In addition to the ongoing coal and equipment, and human activities. CBM development, other projects are Leasing of the LBA tract would in progress or planned in the vicinity increase the total area that would be of the southern mine group, affected by mining but would not including: construction and operation cause a significant cumulative change of the North American Power Group’s in daily impacts because it is an Two Elk and Two Elk Unit 2 coal fired extension of an ongoing operation and power plants east of the Black mining disturbance is progressive Thunder Mine; construction of Wygen with reclamation proceeding con­ #1 power plant which has been temporaneously. Cumulative impacts proposed at the Wyodak Mine site; vary by resource and range from construction and operation by North being almost undetectable to being American Power Group of a coal fired substantial. Cumulative impacts on power plant at the Cordero Rojo air quality, groundwater quantity and

Final EIS, North Jacobs Ranch Coal Lease Application ES-15 Executive Summary wildlife habitat (particularly antelope) However, the predicted impacts to have created the greatest concern. visibility are significant, particularly at Badlands National Park (Table ES­ A regional cumulative air quality 3). impact analysis was performed for the Horse Creek Coal Lease Application Figure ES-3 shows modeled and EIS in 1999 to estimate impacts of all extrapolated worst-case coal aquifer foreseeable development on air drawdown as a result of mining at the quality in the year 2015. This southern group of mines. Monitoring analysis was an update and of backfill areas indicates that modification to the far-range reclaimed areas are being recharged cumulative air quality analysis with water generally suitable for prepared for the Wyodak Coal Bed livestock use (the premining use). Methane Project EIS. An updated regional air quality analysis has been Wildlife habitat quality has declined prepared as part of the environmental in the PRB due to a continuing trend analysis for the proposed DM&E of landscape fragmentation from Railroad. Tables ES-2 and ES-3 show roads, rail lines, oil and gas wells, the results of the Horse Creek coal mines, and fences. Mining of the analysis. The results show that the LBA tract would add to this habitat maximum projected cumulative fragmentation. Wildlife monitoring impacts on air quality are much indicates that wildlife are using smaller than regulatory standards reclaimed areas. and increments (Table ES-2).

Table ES-2. Results of Air Quality Impact Analysis (µg/m3). Annual 24-hr Annual 3-hr 24-hr Annual

Area NO2 PM10 PM10 SO2 SO2 SO2 CUMULATIVE IMPACTS

Northern Cheyenne Reservation, MT 0.03 0.58 0.02 1.60 0.56 0.02

Badlands National Park, SD 1.26 0.65 0.10 3.61 1.20 0.21

Wind Cave National Park, SD 0.16 0.62 0.06 2.17 0.84 0.08

Class I PSD Increment 2.5 4 8 25 5 2

Black Elk Wilderness, SD 0.09 1.04 0.05 2.48 0.79 0.07

Jewel Cave National Monument, SD 0.13 0.76 0.08 3.92 0.87 0.10

Mt. Rushmore National Monument, SD 0.08 1.01 0.05 1.93 0.55 0.06

Cloud Peak Wilderness, WY 0.01 0.90 0.04 1.08 0.32 0.01

Devils Tower National Monument, WY 0.13 0.80 0.16 2.84 0.50 0.07

National Ambient Air Quality 100 150 50 1300 365 80 Standard

ES-16 Final EIS, North Jacobs Ranch Coal Lease Application Executive Summary

Table ES-3. Predicted Annual Days of Visibility Reductions At Class I and Class II Sensitive Areas from Cumulative Sources. Number of Days Number of Type deciview change Days deciview Location of Area >0.5 change >1.0 Northern Cheyenne Reservation Class I 18 8 Badlands National Park Class I 173 70 Wind Cave National Park Class I 94 45 Black Elk Wilderness Class II 66 28 Jewel Cave National Monument Class II 72 32 Mt. Rushmore National Monument Class II 58 22 Cloud Peak Wilderness Class II 15 4 Devils Tower National Monument Class II 70 28 Note: The Northern Cheyenne Reservation is a redesignated Class I area and is not addressed by existing visibility regulations which apply to the federally mandated Badlands and Wind Cave Class I areas.

This EIS presents the BLM's analysis of environmental impacts under authority of the NEPA and associated rules and guidelines. The BLM will use this analysis to make a leasing decision. The decision to lease these lands is a necessary requisite for mining, but is not in itself the enabling action that will allow mining. The most detailed analysis prior to mine development would occur after the lease is issued, when the lessee files an application for a surface mining permit and mining plan approval, supported by extensive proposed mining and reclamation plans, to the WDEQ.

Final EIS, North Jacobs Ranch Coal Lease Application ES-17

Table of Contents

TABLE OF CONTENTS

EXECUTIVE SUMMARY ...... ES-1

1.0 INTRODUCTION ...... 1-1 1.1 Purpose and Need for Action ...... 1-7 1.2 Regulatory Authority and Responsibility ...... 1-8 1.3 Relationship to BLM Policies, Plans, and Programs ...... 1-10 1.4 Conformance with Existing Land Use Plans ...... 1-10 1.5 Consultation and Coordination ...... 1-13

2.0 PROPOSED ACTION AND ALTERNATIVES ...... 2-1 2.1 Proposed Action ...... 2-3 2.2 Alternative 1 ...... 2-8 2.3 Alternative 2 ...... 2-8 2.4 Alternative 3 ...... 2-9 2.5 Alternatives Considered but Not Analyzed in Detail ...... 2-10 2.5.1 Alternative 4 ...... 2-10 2.5.2 Alternative 5 ...... 2-11 2.5.3 Alternative 6 ...... 2-12 2.6 Comparison of Alternatives ...... 2-14

3.0 AFFECTED ENVIRONMENT ...... 3-1 3.1 General Setting ...... 3-1 3.2 Topography and Physiography ...... 3-3 3.3 Geology...... 3-3 3.4 Soils ...... 3-9 3.5 Air Quality ...... 3-11 3.6 Water Resources ...... 3-19 3.6.1 Groundwater...... 3-19 3.6.2 Surface Water ...... 3-25 3.6.3 Water Rights ...... 3-27 3.7 Alluvial Valley Floors ...... 3-28 3.8 Wetlands...... 3-29 3.9 Vegetation ...... 3-30 3.10 Wildlife ...... 3-32 3.10.1 Wildlife Resources ...... 3-32 3.10.2 Big Game ...... 3-33 3.10.3 Other Mammals ...... 3-34 3.10.4 Raptors...... 3-34 3.10.5 Game Birds ...... 3-36 3.10.6 Migratory Birds of High Federal Interest ...... 3-36 3.10.7 Other Species ...... 3-38 3.10.8 Threatened, Endangered and Candidate Animal Species ...... 3-39

Final EIS, North Jacobs Ranch Coal Lease Application i Table of Contents

3.11 Ownership and Use of Land ...... 3-39 3.12 Cultural Resources ...... 3-49 3.13 Native American Consultation ...... 3-51 3.14 Paleontological Resources ...... 3-52 3.15 Visual Resources ...... 3-53 3.16 Noise...... 3-54 3.17 Transportation Facilities ...... 3-54 3.18 Socioeconomics ...... 3-56 3.18.1 Population ...... 3-56 3.18.2 Local Economy ...... 3-56 3.18.3 Employment ...... 3-58 3.18.4 Housing ...... 3-58 3.18.5 Local Government Facilities and Services ...... 3-59 3.18.6 Social Conditions ...... 3-59 3.18.7 Environmental Justice ...... 3-60 3.19 Hazardous and Solid Waste ...... 3-61

4.0 ENVIRONMENTAL CONSEQUENCES ...... 4-1 4.1 Direct and Indirect Impacts of Action Alternatives ...... 4-3 4.1.1 Topography and Physiography ...... 4-3 4.1.2 Geology and Minerals ...... 4-4 4.1.3 Soils ...... 4-7 4.1.4 Air Quality ...... 4-8 4.1.5 Water Resources ...... 4-13 4.1.6 Alluvial Valley Floors ...... 4-18 4.1.7 Wetlands...... 4-19 4.1.8 Vegetation ...... 4-20 4.1.9 Threatened, Endangered, and Candidate Plant Species ...... 4-22 4.1.10 Wildlife ...... 4-22 4.1.11 Threatened, Endangered, and Candidate Wildlife Species ...... 4-25 4.1.12 Land Use and Recreation ...... 4-26 4.1.13 Cultural Resources ...... 4-27 4.1.14 Native American Concerns ...... 4-27 4.1.15 Paleontological Resources ...... 4-27 4.1.16 Visual Resources ...... 4-28 4.1.17 Noise ...... 4-28 4.1.18 Transportation Facilities ...... 4-29 4.1.19 Socioeconomics ...... 4-29 4.1.20 Hazardous and Solid Waste ...... 4-31 4.2 No-Action Alternative ...... 4-31 4.3 Regulatory Compliance, Mitigation, and Monitoring ...... 4-31 4.4 Residual Impacts ...... 4-37 4.4.1 Topography and Physiography ...... 4-37 ii Final EIS, North Jacobs Ranch Coal Lease Application Table of Contents

4.4.2 Geology and Minerals ...... 4-37 4.4.3 Soils ...... 4-37 4.4.4 Air Quality ...... 4-37 4.4.5 Water Resources ...... 4-38 4.4.6 Alluvial Valley Floors ...... 4-38 4.4.7 Wetlands...... 4-38 4.4.8 Vegetation ...... 4-38 4.4.9 Wildlife ...... 4-38 4.4.10 Threatened, Endangered, and Candidate Species . . 4-38 4.4.11 Land Use and Recreation ...... 4-38 4.4.12 Cultural Resources ...... 4-38 4.4.13 Native American Concerns ...... 4-38 4.4.14 Paleontological Resources ...... 4-38 4.4.15 Visual Resources ...... 4-38 4.4.16 Noise ...... 4-39 4.4.17 Transportation Facilities ...... 4-39 4.4.18 Socioeconomics ...... 4-39 4.5 Cumulative Impacts ...... 4-39 4.5.1 Topography and Physiography ...... 4-48 4.5.2 Geology and Minerals ...... 4-49 4.5.3 Soils ...... 4-50 4.5.4 Air Quality ...... 4-50 4.5.5 Water Resources ...... 4-64 4.5.6 Alluvial Valley Floors ...... 4-78 4.5.7 Wetlands...... 4-78 4.5.8 Vegetation ...... 4-79 4.5.9 Wildlife ...... 4-80 4.5.10 Threatened, Endangered, and Candidate Species . . 4-84 4.5.11 Land Use and Recreation ...... 4-84 4.5.12 Cultural Resources ...... 4-85 4.5.13 Native American Concerns ...... 4-86 4.5.14 Paleontological Resources ...... 4-86 4.5.15 Visual Resources ...... 4-87 4.5.16 Noise ...... 4-87 4.5.17 Transportation Facilities ...... 4-87 4.5.18 Socioeconomics ...... 4-88 4.6 The Relationship Between Local Short-term Uses of ManGs Environment and the Maintenance and Enhancement of Long-term Productivity ...... 4-90 4.7 Irreversible and Irretrievable Commitments of Resources . . . 4-92

5.0 CONSULTATION AND COORDINATION ...... 5-1

6.0 REFERENCES CITED...... 6-1

Final EIS, North Jacobs Ranch Coal Lease Application iii Table of Contents

7.0 GLOSSARY ...... 7-1

LIST OF FIGURES

Figure ES-1 General Location Map with Federal Coal Leases and LBA’s . ES-2 Figure ES-2 General Analysis Area ...... ES-3 Figure ES-3 Modeled and Extrapolated Worst-Case Coal Aquifer Drawdown Scenarios Showing Extent of Actual 15-Year Drawdowns and USGS Predicted Cumulative Drawdowns ...... ES-18 Figure 1-1. General Location Map with Federal Coal Leases and LBA’s . 1-2 Figure 1-2. Jacobs Ranch Mine Federal Coal Leases and the North Jacobs Ranch LBA Tract As Applied For ...... 1-6 Figure 2-1. North Jacobs Ranch LBA Tract Configurations ...... 2-2 Figure 3-1. General Analysis Area ...... 3-2 Figure 3-2. North-South and East-West Geologic Cross Sections, North Jacobs Ranch LBA Tract ...... 3-4 Figure 3-3. Stratigraphic Relationships and Hydrologic Characteristics of Upper Cretaceous, Lower Tertiary, and Recent Geologic Units, Powder River Basin, Wyoming ...... 3-5 Figure 3-4. Wind Rose, Air Quality and Meteorological Stations at the Jacobs Ranch Mine ...... 3-12 Figure 3-5. Average Annual View Impairment as a Function of Light Extinction ...... 3-13 Figure 3-6. Coal Production and Overburden Removal vs. Ambient Particulates for Jacobs Ranch Mine ...... 3-18 Figure 3-7. Monitoring Well Locations Within and Near the North Jacobs Ranch LBA Tract and Fort Union Formation Water Supply Well Locations at the Jacobs Ranch Mine ...... 3-21 Figure 3-8. Surface Water Features Within and Adjacent to the North Jacobs Ranch LBA Tract ...... 3-26 Figure 3-9. Raptor Nests Sites, Sage Grouse Leks, and Prairie Dog Towns Within and Adjacent to the North Jacobs Ranch LBA Tract . 3-35 Figure 3-10. Surface Ownership Within the North Jacobs Ranch LBA Tract ...... 3-40 Figure 3-11. Oil and Gas Ownership on the North Jacobs Ranch LBA Tract ...... 3-41 Figure 3-12. Transportation Facilities Within and Adjacent to the North Jacobs Ranch LBA Tract ...... 3-44 Figure 3-13. CBM Wells, Pipelines, and Compressor Stations on the North Jacobs Ranch LBA Tract ...... 3-45 Figure 3-14. Relationship Between A-Scale Decibel Readings and Sounds of Daily Life ...... 3-55

iv Final EIS, North Jacobs Ranch Coal Lease Application Table of Contents

Figure 4-1. Modeled Maximum PM10 and NOx Concentrations at Jacobs Ranch Mine Permit Boundary, Year 2003 Worst-Case Scenario Resulting from 50 Million Tons Per Year of Coal Removal from Existing Leases ...... 4-9 Figure 4-2. Life Of Mine Drawdown Map, Resulting from Proposed Action ...... 4-16 Figure 4-3. Cumulative Air Quality Modeling Domain ...... 4-54 Figure 4-4. Cumulative Pollutant Emissions from Mines and Other Sources ...... 4-58 Figure 4-5. Cumulative Far-Field Concentrations ...... 4-60 Figure 4-6. Cumulative Acid Deposition as Percent of Lower Limit of Acceptable Change ...... 4-63 Figure 4-7. Modeled and Extrapolated Worst-Case Coal Aquifer Drawdown Scenarios Showing Extent of Actual 15-Year Drawdowns and USGS Predicted Cumulative Drawdowns ...... 4-69 Figure 4-8. Life Of Mine Drawdown Map with Maximum Modeled CBM Drawdown Contours Superimposed ...... 4-77

LIST OF TABLES

Table ES-1 Summary Comparison of Coal Production, Surface Disturbance, and Mine Life for North Jacobs Ranch LBA Tract and Jacobs Ranch Mine ...... ES-6 Table ES-2 Results of Air Quality Impact Analysis (µg/m3) ...... ES-16 Table ES-3 Predicted Annual Days of Visibility Reductions At Class I and Class II Sensitive Areas from Cumulative Sources . . . ES-17 Table 1-1. Leases Sold Since Decertification, Powder River Basin, Wyoming ...... 1-4 Table 1-2 Pending LBA’s, Powder River Basin, Wyoming...... 1-5 Table 2-1. Summary Comparison of Coal Production, Surface Disturbance, and Mine Life for North Jacobs Ranch LBA Tract and Jacobs Ranch Mine ...... 2-15 Table 2-2. Summary Comparison of Magnitude and Duration of Direct and Indirect Impacts for the Proposed Action, Alternative 2, Alternative 3 and the No-Action Alternative for the North Jacobs Ranch LBA Tract ...... 2-16 Table 2-3. Summary Comparison of Magnitude and Duration of Cumulative Impacts ...... 2-21 Table 3-1. Acres of Topsoil Available for Reclamation Within the North Jacobs Ranch LBA Tract Under the Proposed Action, Including the Area Added Under Alternative 2 and Lot 2 of Section 35, T.44N.,R.70W...... 3-11 Table 3-2. Regulated Air Emissions for Wyoming ...... 3-14 Table 3-3. Maximum Allowable Increases for Prevention of Significant Deterioration of Air Quality: Particles ...... 3-15

Final EIS, North Jacobs Ranch Coal Lease Application v Table of Contents

Table 3-4. Summary of WDEQ/AQD Report on Air Quality Monitoring in Wyoming’s Powder River Basin, 1980-1988 ...... 3-17

Table 3-5. Annual Ambient NO2 Concentration Data ...... 3-20 Table 3-6. Vegetation Types Identified and Mapped Within the North Jacobs Ranch LBA Tract Baseline Study Area...... 3-31 Table 3-7. MBHFI Status in Northeast Wyoming and Expected Occurrence on or near the North Jacobs Ranch LBA Tract . 3-37 Table 3-8. North Jacobs Ranch LBA Tract Oil and Gas Ownership . . . 3-42 Table 3-9. Sites and Isolated Finds in the Class III Cultural Resource Inventory of the North Jacobs Ranch LBA Tract and Buffer Zone ...... 3-52 Table 3-10. Estimated 2000 Fiscal Revenues from 1999 Coal Production in Campbell County and Converse County ...... 3-57 Table 4-1. Comparison of Existing and Proposed Jacobs Ranch Mine Disturbance Area and Mining Operations ...... 4-2 Table 4-2. Comparison of Existing and Proposed Jacobs Ranch Mine Coal, Overburden, and Interburden Thicknesses ...... 4-5 Table 4-3. Regulatory Compliance, Mitigation and Monitoring Measures required under the Proposed Action, Alternative 1 (No Action), Alternative 2, or Alternate 3 ...... 4-33 Table 4-4. Status of Wyoming Powder River Basin Coal Mines ...... 4-41 Table 4-5. Coal Production and Development Levels, Campbell and Converse Counties, Wyoming ...... 4-42 Table 4-6. Predicted and Actual Coal Mine Disturbance and Reclamation, Campbell and Converse Counties, Wyoming ...... 4-47 Table 4-7. Cumulative Pollutant Emissions for Far-Range Air Quality/ AQRV Analysis ...... 4-57 Table 4-8. Cumulative Far-Field Concentrations (percent of NAAQS) . . 4-59 Table 4-9. Predicted Annual Days of Visibility Reductions at Class I and Class II Sensitive Areas from Cumulative Sources ...... 4-61 Table 4-10. Predicted Levels of Acid Deposition from Cumulative Sources Limit of Acceptable Change from 2.7 to 4.5 pounds/acres/ years) ...... 4-62 Table 5-1. Other Federal, State, and Local Governmental Agencies Consulted in EIS Preparation...... 5-2 Table 5-2. List of Preparers ...... 5-3 Table 5-3. Distribution List ...... 5-5

LIST OF APPENDICES

Appendix A. Federal and State Permitting Requirements and Agencies

Appendix B. Unsuitability Criteria for the North Jacobs Ranch LBA Tract

Appendix C. Coal Lease-by-Application Flow Chart vi Final EIS, North Jacobs Ranch Coal Lease Application Table of Contents

Appendix D. BLM Special Coal Lease Stipulations and Form 3400-12 Coal Lease

Appendix E. Non-Mine Groundwater and Surface Water Rights Within and Adjacent to the North Jacobs Ranch LBA Tract

Appendix F. Potential Health Effects from Release of Nitrogen Dioxide (NO2)

Appendix G. Protection of Threatened and Endangered Species

Appendix H. Summary of the Air Quality Analysis within the Dakota, Minnesota & Eastern Railroad Corporation Powder River Basin Expansion Project EIS

Appendix I. Comment Letters on the Draft EIS and Responses

Final EIS, North Jacobs Ranch Coal Lease Application vii Abbreviations and Acronyms

Abbreviations and Acronyms Used in this Report ACC Antelope Coal Company ANC acidification neutralization capacity ac-ft acre-foot, acre-feet ac-ft/yr acre-foot per year, acre-feet per year AQRV air quality related values ARCO Atlantic Richfield Company AREV SEO water rights database and program AVF alluvial valley floor BACT best available control technology bcy bank cubic yards BLM Bureau of Land Management BN-UP, BN&UP Burlington Northern-Union Pacific B.P. before present Btu British thermal units Btu/lb British thermal units per pound CBM coal bed methane CERCLA Comprehensive Environmental Response, Compensation, and Liability Act of 1980 CFR Code of Federal Regulations CHIA Cumulative Hydrologic Impact Assessment CO carbon monoxide COE U.S. Army Corps of Engineers CREG Consensus Revenue Estimating Group cy cubic yards dBA A-weighted decibels DEIS Draft Environmental Impact Statement DM&E Dakota, Minnesota & Eastern Railroad Corporation DOI Department of the Interior dv deciview, a measure of view impairment EA Environmental Assessment EC elemental carbon particles (re: air quality) EIS Environmental Impact Statement ENCOAL Encoal Corporation EPA Environmental Protection Agency F Fahrenheit FCLAA Federal Coal Leasing Act Amendments of 1976 FEA Final Environmental Assessment FEIS Final Environmental Impact Statement FLPMA Federal Land Policy Management Act of 1976 FR Federal Register ft feet, foot ft/day feet per day ft/mile feet per mile GAGMO Gillette Area Ground Water Monitoring Organization GNP Gross National Product gpm gallons per minute GSP Gross State Product IBLA Interior Board of Land Appeals IMPROVE Interagency Monitoring of Protected Environments IWAQM Interagency Workgroup on Air Quality Monitoring viii Final EIS, North Jacobs Ranch Coal Lease Application Abbreviations and Acronyms

Abbreviations and Acronyms Used in this Report JRCC Jacobs Ranch Coal Company Km kilometers KMCC Kerr-McGee Coal Corporation Kv kilovolts LAC limits of acceptable change (re: air quality) LBA lease by application lbs/mmBtu pounds per million British thermal units LFC Liquids From Coal LRMP Land and Resource Management Plan LW Lower Wyodak coal seam MBHFI migratory birds of high federal interest µg/m3 micrograms per cubic meter µeq/L microequivalents per liter mg/L milligrams per liter mi mile MLA Mineral Leasing Act of 1920 mmbcy million bank cubic yards mmtpy million tons per year mph miles per hour MW Middle Wyodak coal seam Mw megawatts NAAQS National Ambient Air Quality Standards NAPG North American Power Group NEPA National Environmental Policy Act of 1969

NO2 nitrogen dioxide NOx nitrogen oxides NRHP National Register of Historic Places

O3 photochemical oxidants OC organic carbon particles OSM Office of Surface Mining Reclamation & Enforcement P.M. Prime Meridian

PM10 particulates finer than 10 microns PMT postmining topography PP&L Pacific Power and Light Company PRB Powder River Basin PRBRC Powder River Basin Resource Council PRCC Powder River Coal Company PRRCT Powder River Regional Coal Team PSD prevention of significant deterioration R2P2 Resource Recovery and Protection Plan RMP Resource Management Plan ROD Record of Decision ROW Right-of-Way SARA Superfund Amendment & Reauthorization Act of 1986 SEO State Engineer’s Office SHPO State Historic Preservation Office SMCRA Surface Mining Control and Reclamation Act of 1977

SO2 sulfur dioxide T&E threatened and endangered TBCC Thunder Basin Coal Company

Final EIS, North Jacobs Ranch Coal Lease Application ix Abbreviations and Acronyms

Abbreviations and Acronyms Used in this Report TBNG Thunder Basin National Grassland TDS total dissolved solids TSP total suspended particulates U.S. United States USC, U.S.C. United States Code USDI U.S. Department of the Interior USFS U.S. Forest Service USGS U.S. Geological Survey USFWS U.S. Fish and Wildlife Service UW Upper Wyodak coal seam VRM visual resource management WCIC Wyoming Coal Information Committee WDEQ Wyoming Department of Environmental Quality WDEQ/AQD Wyoming Department of Environmental Quality/Air Quality Division WDEQ/LQD Wyoming Department of Environmental Quality/Land Quality Division WGFD Wyoming Game and Fish Department WMA Wyoming Mining Association WOC Wyoming Outdoor Council WOGCC Wyoming Oil and Gas Conservation Commission WSGS Wyoming State Geological Survey

x Final EIS, North Jacobs Ranch Coal Lease Application 1.0 Introduction

1.0 INTRODUCTION meet regularly and review all federal lease applications in the region. The On October 2, 1998, JRCC1 filed an PRRCT reviewed this lease application application with the BLM for federal at public meetings held on February coal reserves located north of and 23, 1999, in Billings, Montana, adjacent to the Jacobs Ranch Mine in October 27, 1999, in Gillette, Campbell County, Wyoming. The Wyoming, and October 25, 2000, in application area is located in Cheyenne, Wyoming. At the most southern Campbell County, Wyoming, recent meeting, the PRRCT approximately 7 miles east of Wright, recommended that the BLM continue Wyoming (Figure 1-1). The federal to process the lease application. coal reserves were applied for as a maintenance tract for the Jacobs In order to process an LBA, the BLM Ranch Mine under the regulations at must evaluate the quantity, quality, 43 CFR 3425, Leasing On maximum economic recovery, and fair Application. The Jacobs Ranch Mine market value of the federal coal and is operated by JRCC, a subsidiary of fulfill the requirements of NEPA by the Kennecott Energy Company. evaluating the environmental impacts of leasing the federal coal. BLM does JRCC's coal lease application, which not authorize mining by issuing a was assigned case file number lease for federal coal, but the impacts WYW146744, was reviewed by the of mining the coal are considered in BLM Wyoming State Office Division of this EIS because it is a logical Mineral and Lands Authorization. consequence of issuing a lease. This They determined that it met the EIS has been prepared to evaluate the regulatory requirements for a lease by site-specific and cumulative application or LBA. The tract is environmental impacts of leasing and referred to as the North Jacobs Ranch developing the federal coal included LBA Tract. in the application area. Scoping for the North Jacobs Ranch lease The North Jacobs Ranch LBA Tract is application was initially conducted located within the Powder River from October 1 to October 30, 1999. Federal Coal Region, which was Additional scoping comments were decertified in January 1990. requested in the Notice of Intent to Although the Powder River Federal Prepare an EIS, published in the Coal Region is decertified, the PRRCT, Federal Register on January 19, a federal/state advisory board estab­ 2000. A public scoping meeting was lished to develop recommendations held in Gillette, Wyoming on October concerning management of federal 19, 1999. BLM will use the analysis coal in the region, has continued to in this EIS to decide whether or not to hold a public, competitive, sealed-bid coal lease sale for the coal tract and issue a federal coal lease. If the sale 1 Refer to page viii for a list of abbreviations and acronyms used in this is held, the bidding at the sale is open document.

Final EIS, North Jacobs Ranch Coal Lease Application 1-1

1.0 Introduction to any qualified bidder; it is not Other agencies may use this analysis limited to the applicant. If the lease to make decisions related to leasing sale is held, a lease will be issued to and mining the federal coal in this the highest bidder at the sale if a tract. OSM, the federal agency federal sale panel determines that the responsible for regulating surface coal high bid meets or exceeds the fair mining operations, is a cooperating market value of the coal as agency on this EIS. OSM will use this determined by BLM's economic EIS to make decisions related to the evaluation and if the U.S. Department approval of the MLA mining plan for of Justice determines that there this tract, if a lease is issued. would be no antitrust violations if a lease is issued to the high bidder. The North Jacobs Ranch LBA Tract as applied for and the existing federal Since decertification of the Powder coal leases in the adjacent Jacobs River Federal Coal Region, ten federal Ranch Mine are shown in Figure 1-2. coal leases have been sold at As applied for, the North Jacobs competitive sealed-bid sales and one Ranch LBA Tract includes federal coal lease has been exchanged approximately 4,821.19 acres and an in the Wyoming portion of the Powder estimated 533 million tons of in-place River Federal Coal Region (Table 1-1). coal reserves. JRCC estimates that One of these new federal coal leases approximately 479.7 million tons of was issued to Jacobs Ranch Mine coal will be produced from the North after they submitted the successful Jacobs Ranch LBA Tract as applied bid for a maintenance tract also for, assuming a recovery factor of 90 adjacent to the Jacobs Ranch Mine percent. on October 1, 1992 (Figure 1-1 and Table 1-1). As shown in Table 1-2, The North Jacobs Ranch LBA Tract is eight additional applications, contiguous with both the Jacobs including the North Jacobs Ranch Ranch Mine and the Black Thunder application, are currently pending. Mine, owned by Ark Land Company, The North Jacobs Ranch LBA Tract a subsidiary of Arch Coal, Inc. was previously applied for by (Figure 1-1). The area applied for is Evergreen Enterprises as part of the substantially similar to the adjacent New Keeline LBA. The New Keeline mines for which detailed site-specific LBA was rejected by the BLM in 1997. environmental data have been Evergreen Enterprises appealed the collected and for which environmental rejection of the New Keeline LBA to analyses have previously been the IBLA in 1997 and submitted a prepared to secure the existing leases new application, which covered the and the necessary mining permits. same area, in January 2000 (State Section LBA). Evergreen Enterprises The surface of the North Jacobs withdrew their appeal of the New Ranch LBA Tract is owned by Jacobs Keeline LBA rejection and their Land and Livestock Company and Ark application for the State Section LBA Land Company. Current land uses of in September 2000. the tract include grazing by

Final EIS, North Jacobs Ranch Coal Lease Application 1-3 1.0 Introduction 1-4 Table 1-1. Leases Sold Since Decertification, Powder River Basin, Wyoming. LBA/Exchange Name Lease # Applicant or Application Date Mineable Tons of Successful Successful Bidder Applicant Mine Effective Date Acres1 Coal1 Bid (Mine) Jacobs Ranch LBA 10/10/89 1,708.620 147,423,560 $20,114,930.00 Jacobs Ranch Mine WYW117924 10/1/92 Jacobs Ranch Mine West Black Thunder LBA 12/22/89 3,492.495 429,048,216 $71,909,282.69 Black Thunder Mine WYW118907 10/1/92 Black Thunder Mine N. Antelope/Rochelle LBA 3/2/90 3,064.040 403,500,000 $86,987,765.00 North Antelope/ WYW119554 10/1/92 Rochelle Mine N. Antelope/Rochelle Mine West Rocky Butte LBA 12/4/90 463.205 56,700,000 $16,500,000.00 Rocky Butte Mine

Final EIS,North JacobsRanch Coal LeaseApplication WYW122586 1/1/93 No Existing Mine2 Eagle Butte LBA 8/1/95 1,059.175 166,400,000 $18,470,400.00 Eagle Butte Mine WYW124783 7/25/98 Eagle Butte Mine Antelope LBA 1/29/92 617.20 60,364,000 $9,054,600.00 Antelope Mine WYW128322 2/1/97 Antelope Mine North Rochelle LBA 7/22/92 1,481.930 157,610,000 $30,576,340.00 North Rochelle Mine WYW127221 1/1/98 North Rochelle Mine Powder River LBA 3/23/95 4,224.225 532,000,000 $109,596,500.00 North Antelope/ WYW136142 9/1/98 Rochelle Mine N. Antelope/Rochelle Mine Thundercloud LBA 4/14/95 3,545.503 412,000,000 $158,000,008.50 Black Thunder Mine WYW136458 1/1/99 Jacobs Ranch Mine EOG (Belco) I-90 Lease Issued pursuant to 599.17 106,000,000 Exchanged for EOG (Belco) Exchange Public Law 95-554, rights to Belco I-90 WYW150152 lease effective Lease EOG (formerly Belco) 4/1/00 (WYW0322794) Horse Creek LBA 2/14/97 2,818.695 275,577,000 $91,220,120.70 Antelope Coal Co. WYW141435 TOTALS 23,074.26 2,746,622,776 $612,429,946.89 1Information from Sale Notice 2The West Rocky Butte Lease is now owned by the Caballo Mine 1.0 Introduction

Table 1-2. Pending LBA’s, Powder River Basin, Wyoming. PENDING LBA’s3

LBA Lease# Application Estimated Tons Applicant Mine Date Acres of Coal1 Status

Belle Ayr LBA 2000 7/28/00 243.61 29 mm PRRCT reviewed WYW141568 on 10/25/00 Belle Ayr

N. Jacobs Ranch LBA 10/2/98 4,821.19 533 mm PRRCT Reviewed WYW146744 on 2/23/99, Jacobs Ranch 10/27/99 & 10/25/00

NARO North 3/10/00 2,368.3 323 mm PRRCT reviewed (WYW150210) on 10/25/00 North Antelope/ Rochelle

NARO South 3/10/00 2,132.7 241 mm PRRCT reviewed (WYW150210) on 10/25/00 North Antelope/ Rochelle

Little Thunder 3/23/00 2,709.5 383.6 mm PRRCT reviewed (WYW150318) on 10/25/00 Black Thunder

West Roundup 7/28/00 1,868.12 173.2 mm PRRCT reviewed (WYW151134) on 10/25/00 North Rochelle

Hay Creek 8/31/00 1,015.51 135 mm PRRCT reviewed (WYW151634) on 10/25/00 Buckskin

West Antelope 9/12/00 3,500.84 292.5 mm PRRCT reviewed (WYW151643) on 10/25/00 Antelope

Belle Ayr 1997 3/20/97 1,335.39 171 mm PRRCT reviewed (WYW151568) 4/23/97, Belle Ayr 10/27/99, & 10/25/00

TOTAL PENDING 19,995.16 2,281.3 mm

1 Estimated tons of coal as reported in the lease application.

2 The State Section Tract includes all of the New Keeline Tract (WYW138975) which was applied for in 1996 and rejected in 1997. The rejection was under appeal to the IBLA, although the applicant withdrew their appeal and their application for the State Section LBA in September 2000.

3 P&M Coal Company has proposed an exchange of private surface for federal coal. The acres and tons of coal offered will be determined by fair market value analysis. This exchange proposal was presented to the PRRCT at the October 27, 1999 meeting.

Final EIS, North Jacobs Ranch Coal Lease Application 1-5

1.0 Introduction domestic animals and wildlife and oil bonus, rental and royalty payments and gas production. are equally divided with the state in which the lease is located. If JRCC acquires a federal coal lease for these lands, the North Jacobs The Jacobs Ranch Mine, as currently Ranch LBA Tract coal resources permitted, includes 9,283.78 acres would be mined as a maintenance and originally contained tract to extend mine life at the Jacobs approximately 614.7 million tons of Ranch Mine. The mining method mineable coal. As of January 1, would be truck and shovel, which is 2001, JRCC had an estimated 190.8 the mining method currently in use at million tons of in-place coal reserves the Jacobs Ranch Mine. The coal remaining at the mine, and the would be used primarily for electric company estimates that power generation. approximately 172 million tons of those remaining reserves are After mining, the land would be recoverable. JRCC’s currently reclaimed for livestock grazing and approved (by WDEQ/AQD) air quality wildlife use as is the current practice permit allows up to 38 million tons of at the Jacobs Ranch Mine. coal per year to be mined through year 2001, and 50 mmtpy in 2002 1.1 Purpose and Need for Action through 2004. The mine produced approximately 29.1 million tons of BLM administers the federal coal coal in 1999, and 28.3 million tons of leasing program under the Mineral coal in 2000. JRCC estimates that, Leasing Act of 1920. A federal coal under their current mine plan, the lease grants the lessee the exclusive existing recoverable reserves at the right to obtain a mining permit for, Jacobs Ranch Mine will be depleted and to mine coal on, the leased tract within approximately 7 years at an subject to the terms of the lease, the average production rate of 24.5 mining permit, and applicable state mmtpy. The company has applied for and federal laws. Before a new lease the coal reserves in the North Jacobs can be mined, the lessee must obtain Ranch LBA Tract to extend the life of approval of a detailed mining and the Jacobs Ranch Mine. According to reclamation plan. the most recent information from JRCC, they would plan to produce In return for receiving a lease, a approximately 21 mmtpy from the lessee must pay the federal North Jacobs Ranch LBA Tract, government a bonus equal to the which would extend the life of the amount it bid at the time the lease mine by 23 years. If the LBA tract is sale was held (the bonus can be paid leased to JRCC as a maintenance in five yearly installments), make tract, the permit area for the adjacent annual rental payments to the federal mine would have to be amended to government, and make royalty include the new lease area before it payments to the federal government could be disturbed. This process when the coal is mined. Federal takes several years to complete.

Final EIS, North Jacobs Ranch Coal Lease Application 1-7 1.0 Introduction

JRCC is applying for federal coal - SMCRA. reserves now so that they can negotiate new contracts and then The BLM is the lead agency complete the permitting process in responsible for leasing federal coal time to meet anticipated new contract lands under the MLA as amended by requirements. FCLAA and is also responsible for preparation of this EIS to evaluate the This EIS analyzes the environmental potential environmental impacts of impacts of issuing a federal coal lease issuing a coal lease. For the North and mining the federal coal in the Jacobs Ranch application, the BLM North Jacobs Ranch lease application must decide whether to hold a as required by NEPA and associated competitive, sealed-bid lease sale for rules and guidelines. The decision to the tract as applied for, hold a hold a competitive sale and issue a competitive sealed bid lease sale for a lease for the lands in this application modified tract, or reject the current is a prerequisite for mining the North lease application and not offer the Jacobs Ranch LBA Tract but is not in tract for sale at this time. itself the enabling action that will allow mining, as discussed above. The majority of the North Jacobs The most detailed analysis occurs Ranch LBA Tract is included in the after a lease has been issued but area covered by the BLM Buffalo prior to mine development, when the Resource Management Plan, but lessee files a permit application sections 26 and 27, T. 44 N., R. 70 W. package with the WDEQ/LQD and were included in the analysis for the OSM for a surface mining permit and area covered by the Medicine Bow approval of the MLA mining plan. National Forest and Thunder Basin Authorities and responsibilities of the National Grassland Land and BLM and other concerned regulatory Resource Management Plan (USFS, agencies are described in the 1985). There are no federal surface following sections. lands managed by the USFS included in the North Jacobs Ranch LBA Tract. 1.2 Regulatory Authority and As a result, the USFS is not a Responsibility cooperating agency on this EIS and USFS consent will not be required if a The JRCC coal lease application was lease sale is held. submitted and will be processed and evaluated under the following OSM is a cooperating agency on this authorities: EIS. After a coal lease is issued, SMCRA gives OSM primary - MLA, as amended; responsibility to administer programs - the Multiple-Use Sustained that regulate surface coal mining Yield Act of 1960; operations and the surface effects of - NEPA; underground coal mining operations. - FCLAA; Pursuant to Section 503 of SMCRA, - FLPMA; and the WDEQ developed, and in

1-8 Final EIS, North Jacobs Ranch Coal Lease Application 1.0 Introduction

November 1980 the Secretary of the the BLM must concur with this Interior approved, a permanent recommendation. program authorizing WDEQ to regulate surface coal mining If the proposed LBA tract is leased to operations and surface effects of an existing mine, the lessee would be underground mining on nonfederal required to revise their coal mining lands within the state of Wyoming. In permit prior to mining the coal, January 1987, pursuant to Section following the processes outlined 523(c) of SMCRA, WDEQ entered into above. As a part of that process, a a cooperative agreement with the new mining and reclamation plan Secretary of the Interior authorizing would be developed showing how the WDEQ to regulate surface coal lands in the LBA tract would be mining operations and surface effects mined and reclaimed. The revised of underground mining on federal permit area would be larger than the lands within the state. revised lease area in order to allow for disturbances outside the actual coal Pursuant to the cooperative removal areas for such purposes as agreement, a federal coal lease holder matching to undisturbed topography, in Wyoming must submit a permit constructing flood control and application package to OSM and sediment control facilities, and WDEQ/LQD for any proposed coal related activities. Specific impacts mining and reclamation operations on which would occur during the mining federal lands in the state. and reclamation of the LBA tract WDEQ/LQD reviews the permit would be addressed in the mining application package to insure the and reclamation plans, and specific permit application complies with the mitigation measures for anticipated permitting requirements and the coal impacts would be described in detail mining operation will meet the at that time. performance standards of the approved Wyoming program. OSM, WDEQ enforces the performance BLM, and other federal agencies standards and permit requirements review the permit application package for reclamation during a mine's to insure it complies with the terms of operation and has primary authority the coal lease, the MLA, NEPA, and in environmental emergencies. OSM other federal laws and their attendant retains oversight responsibility for regulations. If the permit application this enforcement. BLM has authority package does comply, WDEQ issues in those emergency situations where the applicant a permit to conduct coal WDEQ or OSM cannot act before mining operations. OSM recom­ environmental harm and damage mends approval, approval with occurs. conditions, or disapproval of the MLA mining plan to the Assistant BLM also has the responsibility to Secretary of the Interior, Land and consult with and obtain the Minerals Management. Before the comments of other state or federal MLA mining plan can be approved, agencies which have jurisdiction by

Final EIS, North Jacobs Ranch Coal Lease Application 1-9 1.0 Introduction law or special expertise with respect (LRMP) (USFS 1985) governs and to potential environmental impacts. addresses the management of USFS Appendix A presents other federal (public) lands in the area. There are and state permitting requirements no USFS-administered lands on the that must be satisfied to mine this North Jacobs Ranch LBA Tract, but LBA tract. the area of analysis for the USFS LRMP included the portion of the 1.3 Relationship to BLM Policies, North Jacobs Ranch LBA Tract in Plans, and Programs Sections 26 and 27, T. 44 N., R. 70 W. In addition to the federal acts listed under Section 1.2, guidance and Coal land use planning involves four regulations for managing and planning screens to determine administering public lands, including whether the subject coal is acceptable the federal coal lands in the JRCC for further lease consideration. The application, are set forth in 40 CFR four coal screens are: 1500 (Protection of Environment), 43 CFR 1601 (Planning, Programming, - development potential of the Budgeting), and 43 CFR 3400 (Coal coal lands; Management). - unsuitability criteria application; Specific guidance for processing - multiple land use decisions that applications follow BLM Manual 3420 eliminate federal coal deposits; (Competitive Coal Leasing, BLM 1989) and and the 1991 Powder River Regional - surface owner consultation. Coal Team Operational Guidelines For Coal Lease-By-Applications (BLM Only those federal coal lands that 1991). The National Environmental pass these screens are given further Policy Act Handbook (BLM 1988) has consideration for leasing. These coal been followed in developing this EIS. screens were applied to federal coal lands in Campbell and Converse 1.4 Conformance with Existing Counties in the early 1980s by the Land Use Plans BLM and USFS. The results were published in the Buffalo RMP and the FCLAA requires that lands considered Medicine Bow and Thunder Basin for leasing be included in a National Grassland LRMP in 1985. comprehensive land use plan and The majority of North Jacobs Ranch that leasing decisions be compatible LBA Tract is located in the area with that plan. The RMP for the BLM covered by the BLM analysis Buffalo Resource Area (BLM 1985a) published in the Buffalo RMP in governs and addresses the leasing of 1985, as mentioned above. In 1993, federal coal in Campbell County. The BLM, USFS, and USFWS began the Medicine Bow National Forest and process of re-applying these screens Thunder Basin National Grassland to federal coal lands in Campbell, Land and Resource Management Plan Converse and Sheridan Counties.

1-10 Final EIS, North Jacobs Ranch Coal Lease Application 1.0 Introduction

The results of this analysis can be by JRCC, the surface on the North viewed on the BLM Wyoming website Jacobs Ranch LBA Tract is owned by at http://www.blm.gov in the NEPA the Jacobs Land and Livestock Documents section as an appendix in Company (a wholly owned subsidiary the Approved Buffalo Field Office RMP of Kennecott Energy Company) and document. Ark Land Co. (a wholly owned subsidiary of Arch Coal, Inc.). If a A coal tract that is acceptable for lease sale is held, BLM will review the further consideration for leasing must current surface ownership in the be located within areas that have tract, and any private surface owners been determined to have coal who are determined to be qualified development potential. The lands in will be consulted prior to the sale. this coal lease application are within the area identified as having coal As part of the coal planning for the development potential by the BLM LRMP and Buffalo RMP, a multiple and the USFS in both the 1985 and land use conflict analysis was 1993 coal screening analyses. completed to identify and "eliminate additional coal deposits from further The coal mining unsuitability criteria consideration for leasing to protect listed in the federal coal management resource values of a locally important regulations (43 CFR 3461) have been or unique nature not included in the applied to high to moderate coal unsuitability criteria," in accordance development potential lands in the with 43 CFR 3420.1-4e(3). The BLM resource areas. Appendix B of multiple use conflict evaluation in the this EIS summarizes the unsuitability Buffalo RMP identified approximately criteria, describes the general findings 221,000 acres within Campbell, for the Buffalo RMP and the LRMP Converse, and Johnson counties that and presents a validation of these were potentially affected by multiple findings for the North Jacobs Ranch use conflicts in four categories LBA Tract. (producing oil and gas fields, communities, recreation and public As indicated in Appendix B, no lands purpose facilities, and cultural in the North Jacobs Ranch LBA Tract resources). None of the multiple use were found to be unsuitable for conflict areas identified in the Buffalo mining. RMP are included in the North Jacobs Ranch LBA Tract. The LRMP multiple Surface owner consultation was use analysis concluded that: “there completed during preparation of the are no multiple land use conflicts of 1985 RMP and LRMP, and qualified such magnitude that would require private surface owners with land over any of the lands in the review area to federal coal were provided the be withdrawn from leasing opportunity to have their views considerations.” considered by the BLM and USFS during land use planning. Based on When the 1985 multiple use analysis updated surface ownership provided was conducted, potential conflicts

Final EIS, North Jacobs Ranch Coal Lease Application 1-11 1.0 Introduction between coal development and oil and 2000, in Cheyenne, Wyoming). The gas development were recognized but PRRCT heard presentations from the CBM development was not oil and gas lessees and JRCC at each anticipated. The 1985 BLM RMP of these meetings regarding deferring addressed coal and oil and gas leasing the federal coal in this tract development conflicts in two planning until the CBM is recovered. At the decisions. Decision MM-4 recom­ most recent meeting, just prior to mended authorizing oil and gas issuance of the DEIS, the coal team drilling on coal leases only where recommended that the BLM continue drilling would not conflict with coal processing the application. BLM has mining, and Decision MM-5 followed the recommendation of the recommended deferring coal leasing regional coal team regarding in producing oil and gas fields until processing of the application for the coal development would not interfere North Jacobs Ranch LBA Tract. with economic recovery of the oil and gas resource, as determined on a case BLM has approved applications to by case basis. The conflicts between drill CBM wells on federal leases coal and CBM development were inside the North Jacobs Ranch LBA recognized when the 1993 multiple Tract so that the oil and gas lessees use analysis was prepared, but no can start recovering the CBM changes were recommended to the resources on the tract (see Mineral existing RMP decisions. BLM is Resources discussion in Section 3.3). currently preparing an EIS which will This approach is consistent with be used to update the Buffalo RMP BLM’s recently issued policy on with respect to CBM development. In conflicts between coal and CBM the meantime, BLM has recently development, which is explained in identified federal oil and gas leases BLM Instruction Memorandum No. and corresponding lessees within 2000-081. BLM’s policy is to optimize existing coal leases and coal lease the recovery of both resources and application areas. Those oil and gas ensure that the public receives a lessees are being contacted and reasonable return. encouraged to develop and recover the CBM resources prior to coal In summary, all of the lands in the mining. JRCC coal lease application have been subjected to the four coal The North Jacobs Ranch LBA Tract is planning screens and determined located in a producing oil and gas acceptable for further lease field. As indicated in Section 1.1 of consideration. Thus, a decision to this EIS, the PRRCT has reviewed the lease the federal coal lands in this JRCC application to lease the federal application would be in conformance coal in the North Jacobs Ranch LBA with the BLM Buffalo RMP, and also Tract at three public meetings with the USFS LRMP. (February 23, 1999, in Billings, Montana; October 23, 1999, in Gillette, Wyoming; and October 25,

1-12 Final EIS, North Jacobs Ranch Coal Lease Application 1.0 Introduction

1.5 Consultation and processing an LBA are shown in Coordination Appendix C.

Initial Involvement The BLM filed a Notice of Scoping in the Federal Register on October 7, BLM received the North Jacobs Ranch 1999. The filing served as notice that coal lease application on October 2, the JRCC coal lease application had 1998. The application was initially been received and public comment reviewed by the BLM, Wyoming State was requested. Office, Division of Mineral and Lands Authorization. The BLM ruled that A public scoping meeting was held on the application and lands involved October 19, 1999 in Gillette, met the requirements of regulations Wyoming. At the public meeting, governing coal leasing on application JRCC personnel orally presented (43 CFR 3425). information about their mine and their need for the coal. The The BLM Wyoming State Director presentation was followed by a notified the Governor of Wyoming on question and answer period, during October 28, 1998, that JRCC had which six oral comments were made. filed a lease application with BLM for The scoping period extended from the North Jacobs Ranch LBA Tract. A October 1 through October 30, 1999, notice announcing the receipt of the during which time BLM received nine JRCC coal lease application was written comments. published in the Federal Register on January 22, 1999. Copies were sent The BLM filed a Notice of Intent to to voting and nonvoting members of Prepare an Environmental Impact the PRRCT, including the governors of Statement in the Federal Register on Wyoming and Montana, the Northern January 19, 2000. This filing also Cheyenne Tribe, the Crow Tribal provided additional time for Council, the USFS, OSM, USFWS, submitting scoping comments. One National Park Service, and USGS. additional written scoping comment was received during this second The PRRCT reviewed this lease scoping period. application at public meetings held on February 23, 1999, in Billings, Chapter 5.0 provides a list of other Montana, October 27, 1999, in federal, state, and local governmental Gillette, Wyoming, and October 25, agencies that were consulted in 2000, in Cheyenne, Wyoming. JRCC preparation of this EIS (Table 5-1) presented information about their and the distribution list for this EIS existing mine and pending lease (Table 5-3). application to the PRRCT at these meetings. At the most recent Issues and Concerns meeting, the PRRCT recommended that the BLM continue to process the Issues and concerns expressed by the lease application. The major steps in public and government agencies

Final EIS, North Jacobs Ranch Coal Lease Application 1-13 1.0 Introduction relating to the JRCC coal lease Draft EIS application and previous coal lease applications included: Parties on the distribution list were sent copies of the DEIS, and copies ` Potential conflicts with existing were made available for review at the conventional oil and gas BLM offices in Casper and Cheyenne. development and existing and A notice announcing the availability proposed CBM development; of the DEIS was published in the ` Enlarging the tract to increase the Federal Register by the EPA on potential for development of a new December 15, 2000. The BLM mine and to avoid potentially published a Notice of bypassing coal; Availability/Notice of Public Hearing ` Cumulative impacts of mineral in the Federal Register on December development to all other resources; 15, 2000. A 60-day comment period ` Validity and currency of resource on the DEIS commenced with data; publication of the EPA Notice of ` Public access; Availability on December 15, 2000 ` Potential impacts to threatened and ended on February 13, 2001. A and endangered species and other public hearing was held on January species of concern; 17, 2001 in Gillette, Wyoming, to ` Potential air quality impacts solicit public comments on the DEIS (including cumulative impacts to and on the fair market value, the visibility); maximum economic recovery, and the ` Potential surface and groundwater proposed competitive sale of coal from quality and quantity impacts; the LBA tract. BLM received written ` Potential impacts of and possible comments from twelve parties on the mitigation for nitrogen oxide DEIS, and four parties commented at emissions resulting from blasting the public hearing. of coal and overburden; ` The need to include reasonably Final EIS and Future Involvement foreseeable actions such as the construction and operation of the All comments received on the DEIS DM&E railroad in the cumulative are included, with agency responses, analysis; in this FEIS. Availability of the FEIS ` The need to address increasing will be published in the Federal coal production in the Powder Register by the BLM and the EPA. River Basin in the cumulative After a 30-day availability period, analysis; BLM will make a decision to hold or ` potential impacts on cultural and not to hold a competitive lease sale paleontological resources; and issue a lease for the federal coal ` wetland impacts; for this tract. A public ROD for the ` short- and long-term impacts on tract will be mailed to parties on the fish and wildlife. mailing list and others who commented on this LBA during the NEPA process. The public and/or the

1-14 Final EIS, North Jacobs Ranch Coal Lease Application 1.0 Introduction applicant can appeal the BLM decision to hold or not to hold a competitive sale and issue a lease for the tract. The BLM decision must be appealed within 30 days after it is signed. The decision can be implemented at that time if no appeal is received. If a competitive lease sale is held, the lease sale will follow the procedures set forth in 43 CFR 3422, 43 CFR 3425, and BLM Handbook H­ 3420-1 (Competitive Coal Leasing).

Department of Justice Consultation

After the competitive coal lease sale, but prior to issuance of the lease, the BLM will solicit the opinion of the Department of Justice on whether the planned lease issuance creates a situation inconsistent with federal anti-trust laws. The Department of Justice is allowed 30 days to make this determination. If the Department of Justice has not responded in writing within the 30 days, the BLM can proceed with issuance of the lease.

Final EIS, North Jacobs Ranch Coal Lease Application 1-15 2.0 Proposed Action and Alternatives

2.0 PROPOSED ACTION AND developed as a new mine ALTERNATIVES (Alternative 4);

This chapter describes the Proposed S holding a competitive lease Action and alternatives to this action. sale and issuing a lease for The Proposed Action is to hold a the federal coal lands in an competitive lease sale and issue a expanded tract configured to lease for the federal coal lands in the include the North Jacobs North Jacobs Ranch LBA1 Tract as Ranch LBA Tract and all of applied for by JRCC. Under this the proposed State Section alternative, it is assumed that the LBA Tract, with the tract would be developed as a assumption that the maintenance tract for an existing expanded tract could be mine. The No Action Alternative developed as either a (Alternative 1) is to reject the North maintenance tract or as a Jacobs Ranch lease application. new mine (Alternative 5); and Under this alternative, the North Jacobs Ranch LBA Tract would not be S delaying the sale of the North offered for sale at this time. Other Jacobs Ranch LBA Tract as alternatives considered include: applied for to take advantage of higher coal prices and/or S holding a competitive lease to allow recovery of the sale and issuing a lease for potential CBM resources in federal coal lands included in the tract prior to mining the North Jacobs Ranch LBA (Alternative 6). Under this Tract as modified by the BLM, alternative, it is assumed that with the assumption that it the tract could be developed would be developed as a as a maintenance tract or a maintenance tract for an new start mine, depending on existing mine (Alternatives 2 how long the sale was delayed and 3 evaluate two alternate tract configurations The North Jacobs Ranch LBA Tract as considered by BLM); applied for (Proposed Action) and as it might be amended by BLM S holding a competitive lease (Alternatives 2 and 3) are shown in sale and issuing a lease for Figure 2-1. federal coal lands included in the North Jacobs Ranch LBA LBA tracts are nominated for leasing Tract (as applied for or as by companies with an interest in modified by BLM), with the acquiring them, but as discussed in assumption that it would be Chapter 1, the LBA process is, by law and regulation, an open, public, competitive sealed-bid process. If the 1 Refer to page viii for a list of decision reached after this EIS is abbreviations and acronyms used in this document.

Final EIS, North Jacobs Ranch Coal Lease Application 2-1

2.0 Proposed Action and Alternatives completed is to hold a lease sale, the begin on the tract. As part of the applicant (JRCC) may or may not be approval process, the mining and the high bidder. The Proposed Action reclamation plan would undergo and Alternatives 2 and 3 considered detailed review by state and federal in this EIS assume that JRCC would agencies. This plan could potentially be the successful bidder if a differ from the plan used to analyze competitive sale is held, and that the the impacts of the Proposed Action North Jacobs Ranch LBA Tract would and Alternatives 2 and 3 in this EIS, be mined as a maintenance tract for but the differences would not be the permitted Jacobs Ranch Mine. expected to significantly change the Alternative 4 assumes that JRCC impacts described here. These would not be the successful bidder if differences would typically be related a competitive sale is held, and that to the details of mining and the North Jacobs Ranch LBA Tract reclaiming the tract but major factors would be developed as a new mine. like tons of coal mined, yards of Alternatives 5 and 6 assume that the overburden removed, acres disturbed, tract could be developed as either a etc. would not be significantly maintenance tract for an existing different from the plan used in this mine or as a new start mine. analysis.

The North Jacobs Ranch LBA Tract is BLM and the State of Wyoming have also located adjacent to the Black approved applications to drill CBM Thunder Mine, operated by TBCC, a wells on oil and gas leases inside the subsidiary of Arch Coal, Inc. TBCC is North Jacobs Ranch LBA Tract. This also in a position to mine the North approach is consistent with BLM’s Jacobs Ranch LBA Tract as a recently issued policy on conflicts maintenance lease. If TBCC acquires between coal and CBM development, the tract, the rate of coal production, which is explained in BLM Instruction mining sequence, equipment, and Memorandum No. 2000-081. BLM’s facilities would be different than if policy is to optimize the recovery of JRCC acquired the tract as a both resources and ensure that the maintenance lease. However, if TBCC public receives a reasonable return. mined the tract, the area of See Section 3.11 for information disturbance and the impacts of about existing and proposed CBM removing the coal would not be development under the different significantly different from the area of alternatives. disturbance and the impacts of JRCC mining the tract. 2.1 Proposed Action

If a decision is made to hold a Under the Proposed Action, the North competitive lease sale and there is a Jacobs Ranch LBA Tract, as applied successful bidder, a detailed mining for by JRCC, would be offered for and reclamation plan must be lease at a competitive sale, subject to developed by the successful bidder standard and special lease and approved before mining can stipulations developed for the PRB

Final EIS, North Jacobs Ranch Coal Lease Application 2-3 2.0 Proposed Action and Alternatives

(Appendix D). The boundaries of the Land descriptions and acreage are tract would be consistent with the based on the BLM Status of Public tract configurations proposed in the Domain Land and Mineral Title North Jacobs Ranch LBA Tract lease approved Coal Plat as of March 7, application (see Figure 2-1). The 2000. Proposed Action assumes that JRCC will be the successful bidder on the As indicated in Chapter 1, Section North Jacobs Ranch LBA Tract if it is 1.4, no lands in the North Jacobs offered for sale. Ranch LBA Tract were found to be unsuitable for mining. The tract as The legal description of the proposed applied for includes approximately North Jacobs Ranch LBA Tract coal 4,821.19 mineable acres. JRCC lease lands as applied for by JRCC estimates that it includes under the Proposed Action is as approximately 533 million tons of in- follows: place coal, and that about 479.7 million tons of that coal would be T.44N., R.70W., 6th P.M., Campbell recoverable assuming a recovery County, Wyoming factor of 90 percent. BLM will independently evaluate the volume Section 26: Lots 9 and 10; and average quality of the coal 80.38 acres resources included in the tract as Section 27: Lots 1 through 16; part of the fair market value 651.34 acres determination process. BLM's Section 28: Lots 1 through 16; estimate of the mineable reserves and 655.23 acres average quality of the coal included in Section 29: Lots 1 through 16; the tract will be published in the sale 650.51 acres notice if the tract is offered for sale. Section 30: Lots 5 and 20; Some coal quality information in the 652.74 acres area of the North Jacobs Ranch LBA Section 31: Lots 5 through 20; 647.85 acres Tract is included in Section 3.3 of this Section 32: Lots 1 through 16; document. The approved Jacobs 669.97 acres Ranch Mine Permit 271 Term T4 Section 33: Lots 4, 5, 12, 13; includes monitoring and mitigation 161.19 acres measures for the Jacobs Ranch Mine that are required by SMCRA and T.44N., R.71W., 6th P.M., Campbell Wyoming State Law. If the North County, Wyoming Jacobs Ranch LBA Tract is acquired by JRCC, these monitoring and Section 25: Lots 1 through 16; mitigation measures would be 651.98 acres extended to cover operations on the LBA tract when the coal mining Total surface area applied for: permit is revised to include the tract. 4,821.19 acres This permit would have to be approved before mining operations could take place on the tract. These

2-4 Final EIS, North Jacobs Ranch Coal Lease Application 2.0 Proposed Action and Alternatives monitoring and mitigation measures an average annual production rate of are considered to be part of the 24.5 million tons per year. Under the Proposed Action and other action Proposed Action, JRCC currently alternatives during the leasing estimates that average annual process because they are regulatory production would be 21 million tons requirements. per year, and the life of the existing mine would be extended by The North Jacobs Ranch LBA Tract approximately 23 years. would be mined as an integral part of the Jacobs Ranch Mine under the If JRCC acquires the North Jacobs Proposed Action. The Jacobs Ranch Ranch LBA Tract as applied for, they Mine is already operating under both estimate that a total of 651.7 million an approved state mining permit and tons of coal would be mined after an MLA mining plan. Both the January 1, 2001, with an estimated existing approved state mining permit 479.7 million tons coming from the and MLA mining plan would require LBA tract. This estimate of amendment to include the LBA tract. recoverable reserves assumes that Since the North Jacobs Ranch LBA about ten percent of the coal would Tract would be an extension of the be lost under normal mining existing Jacobs Ranch Mine, the practices, based on historical recovery facilities and infrastructure would be factors at the Jacobs Ranch Mine. As the same as those identified in the of December 31, 2000, 381.5 million WDEQ/LQD Mine Permit 271 Term tons of coal had been mined from T4 approved August 31, 1999 for the within the current permitted area of Jacobs Ranch Mine and the BLM the mine. Resource Recovery and Protection Plan approved March 31, 1999 for the Topsoil removal with heavy Jacobs Ranch Mine. equipment would proceed ahead of overburden removal. Whenever JRCC’s currently approved air quality possible, direct haulage to a permit from the WDEQ/AQD allows reclamation area would be done, but up to 38 million tons of coal per year due to scheduling, some topsoil to be mined through year 2001, and would be temporarily stockpiled. As up to 50 million tons per year in 2002 required by the reclamation plan, through 2004. In 1999, the Jacobs heavy equipment again will be used to Ranch Mine produced 29.1 million haul and distribute the stockpiled tons (Wyoming State Inspector of topsoil. Mines 2000). In 2000, the mine produced approximately 28.3 million The Jacobs Ranch Mine is one of tons (Gillette News Record, January several coal mines currently operating 7, 2001). Under the No Action in the PRB where the coal seams are Alternative, the Jacobs Ranch Mine notably thick and the overburden is would mine its remaining 190.8 relatively thin. The truck-shovel million tons of in-place leased coal mining method has to date been the reserves in approximately 7 years at sole means of overburden stripping

Final EIS, North Jacobs Ranch Coal Lease Application 2-5 2.0 Proposed Action and Alternatives and coal mining at the Jacobs Ranch improve operating efficiency and air Mine. The overburden is excavated quality protection. JRCC has an and loaded into trucks by electric- approved air quality permit from the powered shovels. Overburden would WDEQ/AQD which allows production be removed within the North Jacobs of 38 million tons of coal per year Ranch LBA Tract by dragline and/or through 2001, and 50 million tons truck-shovel operations. Most per year in 2002 through 2004. overburden and all coal would be drilled and blasted to facilitate Current employment at the Jacobs efficient excavation. As overburden is Ranch Mine is 333. If the LBA tract removed, most would be directly is acquired, JRCC anticipates that placed into areas where coal has production would be 21 million tons already been removed. Elevations per year, and employment would be consistent with an approved PMT 333 persons. plan will be established as quickly as possible. Under certain conditions, Hazardous and Solid Waste the PMT may not be immediately achievable. This would occur when Solid waste which is produced at the there is an excess of material which existing Jacobs Ranch Mine consists may require temporary stockpiling; of floor sweepings, shop rags, when there is insufficient material lubricant containers, welding rod available from current overburden ends, metal shavings, worn tires, removal operations; or when future packing material, used filters, and mining could redisturb an area office and food wastes. Jacobs Ranch already mined. Mine disposes of its solid wastes within its permit boundary in Coal would be produced from three accordance with WDEQ-approved coal seams, the Upper, Middle and solid waste disposal plans. Sewage is Lower Wyodak, at several working handled by WDEQ-permitted sewage faces to enable blending of the coal to systems present on the existing mine meet customer quality requirements, facilities. Maintenance and to comply with BLM lease lubrication of most of the equipment requirements for maximum economic takes place at existing shop facilities recovery of the coal resource, and to at the Jacobs Ranch Mine. optimize coal removal efficiency with available equipment. There are three Major lubrication, oil changes, etc., of existing crushing facilities within the most equipment are performed inside Jacobs Ranch Mine permit area that the service building lube bays, where provide the capacity to produce the waste oil is currently contained and permitted level. The three facilities deposited in storage tanks. All of the employ one-stage crushing to size the collected waste oils are then disposed coal to a nominal 2-inch product. of by mixing them with fuel oil and There are a total of seven storage ammonium nitrate to produce ANFO, silos. While sufficient capacity exists, the principle blasting agent used at future facilities may be constructed to the Jacobs Ranch Mine. These

2-6 Final EIS, North Jacobs Ranch Coal Lease Application 2.0 Proposed Action and Alternatives practices would not change if JRCC Act of 1980 (CERCLA), as amended. acquires the North Jacobs Ranch LBA The materials for which such Tract. notification must be given are the extremely hazardous substances JRCC has reviewed the EPA’s listed in Section 302 of the Emergency Consolidated List of Chemicals Subject Planning and Community Right to to Reporting Under Title III of the Know Act and the hazardous Superfund Amendments and Re- substances designated under Section authorization Act (SARA) of 1986 (as 102 of CERCLA, as amended. If a amended) and EPA’s List of Extremely reportable quantity of a hazardous or Hazardous Substances as defined in extremely hazardous substance is 40 CFR 355 (as amended) for released, immediate notice must be hazardous substances used at the given to the WDEQ Solid and Jacobs Ranch Mine. JRCC maintains Hazardous Waste Division and all files containing Material Safety Data other appropriate federal and state Sheets for all chemicals, compounds agencies. and/or substances which are or would be used during the course of Each mining company is expected to mining. prepare and implement several plans and/or policies to ensure JRCC is responsible for ensuring that environmental protection from all production, use, storage, hazardous and extremely hazardous transport, and disposal of hazardous materials. These plans/policies and extremely hazardous materials as include: a result of mining are in accordance with all applicable existing or - Spill Prevention Control and hereafter promulgated federal, state, Countermeasure Plans; and local government rules, regulations, and guidelines. All - Spill Response Plans; mining activities involving the production, use, and/or disposal of - Inventories of Hazardous hazardous or extremely hazardous Chemical Categories Pursuant to materials are and would continue to Section 312 of SARA, as be conducted so as to minimize Amended; and potential environmental impacts. - Emergency Response Plans. JRCC must comply with emergency reporting requirements for releases of All mining operations are also hazardous materials. Any release of required to be in compliance with hazardous or extremely hazardous regulations promulgated under the substances in excess of the reportable Resource Conservation and Recovery quantity, as established in 40 CFR Act, Federal Water Pollution Control 117, is reported as required by the Act (Clean Water Act), Safe Drinking Comprehensive Environmental Water Act, Toxic Substances Control Response, Compensation, and Liability Act, Mine Safety and Health Act, and

Final EIS, North Jacobs Ranch Coal Lease Application 2-7 2.0 Proposed Action and Alternatives the Federal Clean Air Act. In Black Thunder Mine. Portions of the addition, mining operations must surface of the LBA tract would comply with all attendant state rules probably be disturbed due to and regulations relating to hazardous overstripping to allow coal to be material reporting, transportation, removed from existing, contiguous management, and disposal. leases at both the Black Thunder and Jacobs Ranch Mines. Compliance with these rules is the current practice at Jacobs Ranch In order to compare the economic and Mine. Acquisition of the North environmental consequences of Jacobs Ranch LBA Tract by JRCC mining these lands versus not mining would not change these current them, this EIS analysis was prepared practices nor the amount or type of under the assumption that the North any wastes generated or disposed at Jacobs Ranch LBA Tract would not be the mine, although quantities of some mined in the foreseeable future if the wastes would increase in proportion No-Action Alternative is selected. to anticipated increases in coal However, selection of this alternative production (e.g., fuel, lubricants, and would not preclude leasing and shop and office wastes). mining of this tract in the future, as either a maintenance tract for an 2.2 Alternative 1 existing operation or as a new start mine. Alternative 1 is the No-Action Alternative. Under the No-Action 2.3 Alternative 2 Alternative, JRCC’s coal lease application would be rejected, the BLM is considering an alternate tract North Jacobs Ranch LBA Tract would configuration for the North Jacobs not be offered for competitive sale, Ranch LBA Tract in order to minimize and the coal contained within the the risk of bypassing federal coal that tract would not be mined. Rejection would potentially become of the application would not affect economically unrecoverable if it is not permitted mining activities on included in this tract. As part of the existing leases at the adjacent Jacobs preliminary geologic analysis of the Ranch and Black Thunder Mines. federal coal resources in and around Approximately 6,955 acres are the North Jacobs Ranch LBA Tract, currently leased at the Jacobs Ranch the BLM identified unleased federal Mine and about 8,122 acres will coal east of the tract as applied for eventually be affected. Under the No- that will be isolated and might be Action Alternative, JRCC estimates bypassed if it is not included in the that average annual production at the tract. The lands that BLM is Jacobs Ranch Mine after 2000 will be considering adding to the tract are: 24.5 mmtpy, and average employment will be 333 persons. T.44N., R.70W., 6th P.M., Campbell Approved mining activities and County, Wyoming employment will also continue at the

2-8 Final EIS, North Jacobs Ranch Coal Lease Application 2.0 Proposed Action and Alternatives

Section 26: Lots 8, 11 and 12; oil and gas wells, minimize the risk of 120.69 acres bypassing federal coal that would Section 35: Lot 1 potentially become economically 40.36 acres unrecoverable, and potentially enhance the fair market value of the Total: 161.05 acres coal included in the reconfigured tract as well as the unleased federal These 161.05 acres contain coal outside of the reconfigured tract. approximately 4 million tons of Based on a preliminary consideration mineable coal. The Alternative 2 of conventional oil and gas and CBM reconfiguration, therefore, results in potential and potential fair market a tract comprising 4,982.24 acres value considerations, this alternative containing approximately 537 million tract configuration would include the tons of in-place coal, according to following lands: information provided by the th applicant. Using JRCC’s projected T.44N., R.70W., 6 P.M., Campbell County, Wyoming recovery factor of 90 percent, the reconfigured tract would contain Section 26: Lots 8 through 12; about 483.3 million tons of 201.07 acres recoverable coal. Section 27: Lots 1 through 16; 651.34 acres Section 28: Lots 1 through 16; The 161.05 acres included in this 655.23 acres alternative contain areas that lie Section 29: Lots 1 through 16; within the proposed right-of-way for 650.51acres Section 30: Lots 5, 12, 13, 20; the proposed DM&E railroad. If the 166.06 acres DM&E project is constructed as Section 31: Lots 5, 12, 13, 20; proposed, mining of these lands 166.85 acres would potentially be precluded, and Section 32: Lots 1 through 16; 669.97 acres the coal could not be recovered. Section 33: Lots 4, 5, 12, 13; 162.19 acres Alternative 2 is the preferred Section 35: Lot 1; alternative of the BLM. Under 40.36 acres Alternative 2, it is assumed that the Total: 3,363.58 acres tract would be developed as a maintenance tract for an existing The following lands included in the mine. Other assumptions would be Proposed Action and Alternative 2 the same as for the Proposed Action. would not be included in Alternative 3: 2.4 Alternative 3 T.44N., R.70W. Under Alternative 3, the BLM would Section 30: Lots 6 through 11, and hold a competitive lease sale for 14 through 19; federal coal lands in a tract 486.68 acres configured by BLM to minimize conflicts with existing and proposed

Final EIS, North Jacobs Ranch Coal Lease Application 2-9 2.0 Proposed Action and Alternatives

Section 31: Lots 6 through 11, and recovery of the CBM and conventional 14 through 19; oil and gas resources prior to mining. 481.00 acres Under Alternative 3, it is assumed T.44N., R.71W. that the tract would be developed as Section 25: Lots 1 through 16; a maintenance tract for an existing 651.98 acres mine. Other assumptions would also be the same as for the Proposed Total: 1,619.66 acres Action. The original configuration of the 2.5 Alternatives Considered but North Jacobs Ranch LBA Tract as Not Analyzed in Detail applied for in the Proposed Action would be further reconfigured by 2.5.1 Alternative 4 adding the adjacent 161.05 acres of unleased federal coal in Sections 26 Under this alternative, as under the and 35, T.44N., R.70W. (as described Proposed Action and Alternatives 2 in Section 2.3). As indicated above, and 3, the BLM would hold a the 161.05 acres included in this competitive, sealed-bid sale for the alternative contain areas that lie lands included in the North Jacobs within the proposed right-of-way for Ranch LBA Tract. Alternative 4 the proposed DM&E railroad. assumes, however, that the successful qualified bidder would be The Alternative 3 reconfiguration someone other than the applicant and results in a tract comprising 3,363.58 that this bidder would plan to open a acres containing approximately 326 new mine to develop the coal million tons of in-place coal according resources in the North Jacobs Ranch to the information provided by the LBA Tract. applicant. Using JRCC’s projected recovery factor of 90 percent, the The tract under the Proposed Action reconfigured tract would contain and Alternatives 2 or 3 potentially about 293.4 million tons of includes sufficient coal resources to recoverable coal. The net decrease to support a new mine. If a competitive the North Jacobs Ranch LBA Tract as coal sale is held, the successful applied for would be 1,458.61 acres bidder on the tract could potentially containing approximately 207 million be a party who proposes to start a tons of in-place coal. new coal mine.

The portion of the tract as applied for This alternative is not analyzed in that is not included in the Alternative detail in this EIS. A company 3 configuration would be available for acquiring this coal for a new stand­ consideration for leasing in the alone mine would require future. At a later date, the conflicts considerable initial capital expenses, would potentially be reduced by including the construction of new allowing increased time for the surface facilities (i.e., offices, shops,

2-10 Final EIS, North Jacobs Ranch Coal Lease Application 2.0 Proposed Action and Alternatives warehouses, coal processing facilities, rejected the New Keeline application coal loadout facilities, and rail spur), in 1997. extensive baseline data collection, and development of a mining and The New Keeline LBA Tract and the reclamation plan. In addition, a State Section LBA Tract both include company acquiring this coal for a new most of the area applied for by JRCC start mine would have to compete for in the North Jacobs Ranch LBA Tract, customers with established mines in but both also include additional a competitive market. Development federal coal resources north of the of a new mine on this tract is North Jacobs Ranch LBA Tract (See considered unlikely. Figure 1-1), which represent about 3,750 additional acres and The environmental impacts of approximately 193 million additional developing a new mine to recover the tons of federal coal. Evergreen coal resources in the LBA tract would Enterprises withdrew an appeal of the be greater than under the Proposed decision to reject the New Keeline LBA Action, the No Action Alternative, or and their application for the State Alternatives 2 and 3 because of the Section LBA Tract in September need for new facilities, a new rail line, 2000. new employment, and the creation of additional sources of dust. In the This alternative was evaluated by event that a lease sale is held and the BLM prior to the withdrawal of the applicant is not the successful bidder, State Section LBA Tract by the the successful bidder would be applicant. Under this alternative, it is required to submit a detailed mining assumed that the tract could be and reclamation plan for approval developed as either a maintenance before the tract could be mined, and tract or as a new start mine. The this NEPA analysis would be reviewed enlarged tract would include and supplemented as necessary prior sufficient coal resources that a new to approval of that mining and start mine could be opened. If a reclamation plan. competitive coal sale is held, the successful bidder on the tract could 2.5.2 Alternative 5 be one of the adjacent existing mines, or the bidder could potentially be a Under Alternative 5, the BLM would party who proposes to start a new hold a competitive lease sale for the coal mine. federal coal lands in an expanded tract configured to include the North The North Jacobs Ranch LBA Tract as Jacobs Ranch LBA Tract and all of applied for includes sufficient coal the State Section LBA Tract. resources (533 million tons) to justify Evergreen Enterprises applied for the the expense of starting a new mine. If State Section LBA Tract on January it is offered for competitive sale, 31, 2000. Evergreen Enterprises had Evergreen Enterprises or another applied for a similar tract, the New party could submit a bid on the tract Keeline LBA Tract, in 1996. The BLM as applied for and acquire it, if they

Final EIS, North Jacobs Ranch Coal Lease Application 2-11 2.0 Proposed Action and Alternatives submit the highest bid that meets or the North Jacobs Ranch LBA Tract exceeds the fair market value as under the Proposed Action, could be determined by BLM. The acreage combined with other unleased federal that would be added to the North coal to the west and north in an Jacobs Ranch LBA Tract under this application in the future, when it has alternative would be available for more immediate mining potential and leasing in the future if it is not a higher fair market value as a result. included in the North Jacobs Ranch Since adding additional coal to the LBA Tract. tract as applied for could, under current market conditions, potentially Leasing the State Section LBA Tract reduce the per ton fair market value at this time could potentially reduce of the federal coal included in the the per ton fair market value of the tract, this alternative was not federal coal included in the tract. The analyzed in detail. State Section LBA Tract as applied for includes approximately 712.1 million The environmental impacts of mining tons of mineable coal which the State Section LBA Tract as part of Evergreen Enterprises proposed to an existing mine would be expected to mine at a rate of 12 to 15 million tons be similar and about equal to the per year, for an estimated mine life of Proposed Action, Alternative 2 or 35 years. If this coal was mined at a Alternative 3, although mine life rate of 21 million tons per year, as would be extended for a longer period currently proposed by the Jacobs of time. If a new mine start is Ranch Mine, the estimated time to required to mine the coal, the mine the entire tract would be about environmental impacts would be 30 years, assuming a 90 percent expected to be greater than if it were recovery factor. The fact that some of mined as an extension of an existing the coal would not be mined for a mine. number of years reduces the current fair market value of that coal because 2.5.3 Alternative 6 its estimated value in the future, when it would be mined, must be Under Alternative 6, the BLM would discounted to the present to delay the sale of the North Jacobs determine its current fair market Ranch LBA Tract as applied for to value. The current fair market value increase the benefit to the public of a federal coal tract being offered for afforded by higher coal prices and/or lease is an average of the estimated to allow recovery of the potential CBM fair market value of all of the coal resources in the tract prior to mining. included in the tract, and adding coal Under this alternative, it is assumed that has a small present value to a that the tract could be developed as a tract reduces the per ton value of all maintenance tract or a new start the coal in the tract. mine, depending on how long the sale was delayed. The coal that is included in the State Section LBA Tract, but is outside of

2-12 Final EIS, North Jacobs Ranch Coal Lease Application 2.0 Proposed Action and Alternatives

There are two major sources of do persist, they may enable the coal revenue to state and federal lessee to negotiate longer term governments from the leasing and contracts at higher prices, which mining of federal coal: 1) the would result in longer term, higher competitive bonus bid paid at the royalty payments. On the other time the coal is leased, and 2) a 12.5 hand, if the existing mining operation percent royalty collected when the runs out of coal reserves before prices coal is sold. This alternative could rise, they may have to shut down potentially increase the fair market their operations before additional coal value of the coal resources in the LBA can be leased and permitted for tract, which could increase the bonus mining. In that case, the fair market bid when the coal is leased. The price value of the coal may actually drop paid for coal from northeastern because the added expense of Wyoming decreased by more than reopening a mine or starting a new $1.00 per ton from 1992 to 2000, mine would have to be factored into while production of low sulfur PRB the fair market value. coal increased annually since 1992. Coal prices have increased in 2001. Other considerations include the There is no assurance that delaying value of leaving the mineable coal for the sale would result in a higher coal future development versus the value price. of making low-sulfur coal available now, in anticipation of cleaner fuel The fair market value of the tract and sources being developed in the future. the resulting bonus payment to the Continued leasing of PRB coal government could increase if a lease enables coal-fired power plants to sale is postponed and if higher PRB meet Clean Air Act requirements coal prices continue, but the without constructing new plants, postponement would not necessarily revamping existing plants, or lead to higher royalty income to the switching to existing alternative fuels, state or federal governments. Royalty which would probably significantly payments are the larger of the two increase power costs for individuals revenue sources. They increase and businesses. If cleaner fuel automatically when coal prices sources are developed in the future, increase because they are collected at they could be phased in with less the time the coal is sold, but they economic impact to the public. cannot be collected until the coal is leased and permitted and that takes A range of the potential future several years. If leasing is delayed, economic benefits of delaying leasing then by the time the coal is mined, until coal prices rise could be the current higher coal prices may or quantified in an economic analysis, may not persist. Higher royalty but the benefits would have to be payments are being collected on discounted to the present, which federal coal that is currently leased would make them similar to the and being sold at the current higher Proposed Action and Alternatives 2 coal prices. If the higher coal prices and 3.

Final EIS, North Jacobs Ranch Coal Lease Application 2-13 2.0 Proposed Action and Alternatives

BLM and the State of Wyoming have native assumes completion of approved applications to drill CBM currently permitted mining at the wells on oil and gas leases inside the Jacobs Ranch Mine for comparison to North Jacobs Ranch LBA Tract. If the the North Jacobs Ranch LBA Tract. North Jacobs Ranch LBA Tract is Table 2-3 presents a comparative leased, mining can not occur until the summary of cumulative lessee has an approved mining and environmental impacts of reclamation permit and MLA mining implementing each alternative. The plan, which should take several environmental consequences of the years. This should allow time for a Proposed Action and alternatives are large portion of the CBM resources to analyzed in Chapter 4.0. be recovered from the tract. These summary impact tables are The environmental impacts of mining derived from the following explanation the coal at a later time as part of an of impacts and magnitude. NEPA existing mine would be expected to be requires all agencies of the federal similar and about equal to the government to include, in every Proposed Action, Alternative 2 or recommendation or report on Alternative 3. If a new mine start is proposals for legislation and other required to mine the coal, the major federal actions significantly environmental impacts would be affecting the quality of the human expected to be greater than if it were environment, a detailed statement by mined as an extension of an existing the responsible official on: mine. (i) the environmental impact of 2.6 Comparison of Alternatives the Proposed Action, (ii) any adverse environmental The locations of the Proposed Action effects which cannot be and Alternatives 2 and 3 for the North avoided should the proposal be implemented, Jacobs Ranch LBA Tract are shown (iii) alternatives to the Proposed on Figure 2-1. A summary Action, comparison of coal production, (iv) the relationship between local surface disturbance, mine life, and short-term uses of man’s projected federal and state revenues environment and the for the Proposed Action and maintenance and Alternatives 1, 2 and 3 for the North enhancement of long-term Jacobs Ranch LBA Tract is presented productivity, and in Table 2-1. (v) any irreversible and irretrievable commitments of resources which would be Table 2-2 presents a comparative involved in the Proposed summary of the direct and indirect Action should it be environmental impacts of implemented (42 USC § implementing each alternative as 4332[C]). compared to the No-Action Alternative. The No-Action Alter­

2-14 Final EIS, North Jacobs Ranch Coal Lease Application 2.0 Proposed Action and Alternatives ed are. wall 0 --­ 14 yrs 4,131 ac 3,689 ac 326 mmt -3.5 mmt Added by 293.4 mmt 3,363.58 ac Alternative 3 $ 322.7$ million $ 109.2$ million 0 — 23.2 yrs 6,205 ac 5,465 ac 537 mmt -3.5 mmt Added by 483.3 mmt 4,982.24 ac Alternative 2 $ 531.6$ million $ 179.9$ million 0 --­ 23 yrs 6,110 ac 5,364 ac 533 mmt -3.5 mmt Added by 479.7 mmt 4,821.19 ac $ 527.7$ million $ 178.6 million Proposed Action 333 7 yrs 6,955 ac 8,122 ac 172 mmt 24.5 mmt 381.5 mmt 190.8 mmt 9,283.78 ac Ranch Mine) $ 64.0 million $ 189.2 million (Existing Jacobs No Action Alternative 2 4 Ranch LBA Tract and Jacobs Ranch Mine. Ranch LBA Tract 2 2 3 1 Assumes 90 percent recovery of leased coal. For the Proposed Action and Alternatives 2 and 3, the disturbed acreage exceeds the leased acreage because of the need for high area is larger than leased permit The or the lease boundaries. disturb activities other outside and removal reduction, topsoil areas to assure that all disturbed lands are within the permit boundary and to allow easily defined legal land description. Projected revenue to the State of Wyoming is $1.10 per ton of coal sold and includes income from severance tax, property and production taxes, sales and use taxes, and Wyoming's share of federal royalty payments (University of Wyoming 1994). Federalrevenues based on $4.00 per ton price x federal royalty of 12.5 percentamountrecoverableof x paymentbonus plus coal on LBA coal of $0.22 per ton based on average of last nine LBA's (Table 1-1) x amount of leased coal less state's 50 percent sh Total Projected State Revenues (post-2000) Production (post­ Mine Remaining Life Of 2000) Average No. of Employees Total Area To Be Disturbed Total Projected Federal Revenues (post-2000) Average Annual Post-2000 Coal Footnotes: In-Place Coal (as of 1/1/01) Recoverable Coal (as of 1/1/01) Item 1 2 3 4 Coal Mined Through 2000 Permit Area Lease Acres Table 2-1. Table Summary Comparison of Coal Production, Surface Jacobs Disturbance, and Mine Life for North

Final EIS, North Jacobs Ranch Coal Lease Application 2-15 2.0 ProposedActionandAlternatives 2-16 Table 2-2. Summary Comparison of Magnitude1 and Duration of Direct and Indirect Impacts for the Proposed Action, Alternative 2, Alternative 3 and the No-Action Alternative for the North Jacobs Ranch LBA Tract2.

DESCRIPTION OF POTENTIAL IMPACT BY RESOURCE MAGNITUDE AND DURATION OF IMPACT

RESOURCE NAME NO ACTION ALTERNATIVE PROPOSED ACTION, ALTERNATIVE 2 & ALTERNATIVE 3 TOPOGRAPHY & PHYSIOGRAPHY PERMANENT TOPOGRAPHIC MODERATION could result in: Microhabitat reduction Moderate, long term on existing mine area Same as No Action on expanded mine area Habitat diversity reduction Moderate, long term on existing mine area Same as No Action on expanded mine area Reduction in water runoff and peak flows Moderate, long term on existing mine area Same as No Action on expanded mine area Increased precipitation infiltration Moderate, long term on existing mine area Same as No Action on expanded mine area Wildlife carrying capacity reduction Moderate, possibly short term on existing Same as No Action on expanded mine area Final EIS,North JacobsRanch Coal LeaseApplication mine area

Reduction in erosion Moderate, long term on existing mine area Same as No Action on expanded mine area Enhanced vegetative productivity Moderate, beneficial, long term on existing Same as No Action on expanded mine area mine area Potential acceleration of groundwater recharge Moderate, long term on existing mine area Same as No Action on expanded mine area

GEOLOGY AND MINERALS SUBSURFACE changes would result in: Removal of coal Moderate, short term on existing mine area Same as No Action on expanded mine area Removal and replacement of topsoil and overburden Moderate, long term on existing mine area Same as No Action on expanded mine area Physical characteristic alterations in geology Moderate, long term on existing mine area Same as No Action on expanded mine area Loss of coal bed methane Moderate, permanent on existing mine area Same as No Action on expanded mine area

SOILS CHANGES IN PHYSICAL PROPERTIES would include: Increased near-surface bulk density Moderate, long term on existing mine area Same as No Action on expanded mine area More uniformity in soil type, thickness, and texture Moderate, beneficial, long term on existing Same as No Action on expanded mine area mine area Increased uniformity in mixed soils (e.g., texture) Moderate, beneficial, long term on existing Same as No Action on expanded mine area mine area Decreased soil loss due to topographic modification Moderate, beneficial, long term on existing Same as No Action on expanded mine area mine area CHANGES IN CHEMICAL PROPERTIES would include: Uniform soil nutrient distribution Moderate, beneficial, long term on existing Same as No Action on expanded mine area mine area CHANGES IN BIOLOGICAL PROPERTIES would include: Organic matter reduction Moderate, long term on existing mine area Same as No Action on expanded mine area Microorganism population reduction Moderate, long term on existing mine area Same as No Action on expanded mine area Existing plant habitat reduction in soils stockpiled before Moderate, long term on existing mine area Same as No Action on expanded mine area placement

1 Refer to Section 4.0 and 4.1 for a discussion on magnitude of impacts. 2 All impacts are assumed to be adverse unless noted otherwise. Final EIS,North JacobsRanch Coal LeaseApplication Table 2-2 Summary Comparison of Magnitude1 and Duration of Direct and Indirect Impacts for the Proposed Action, Alternative 2, Alternative 3 and the No-Action Alternative for the North Jacobs Ranch LBA Tract2 (Continued).

DESCRIPTION OF POTENTIAL IMPACT BY RESOURCE MAGNITUDE AND DURATION OF IMPACT

RESOURCE NAME NO ACTION ALTERNATIVE PROPOSED ACTION, ALTERNATIVE 2 & ALTERNATIVE 3 AIR QUALITY IMPACTS ASSOCIATED WITH MINING OPERATIONS would include: Elevated concentrations of TSP Negligible, short term on existing mine area Same as No Action on expanded mine area Elevated concentrations of gaseous emissions Negligible, short term on existing mine area Same as No Action on expanded mine area

WATER RESOURCES SURFACE WATER CHANGES IN RUNOFF CHARACTERISTICS AND SEDIMENT DISCHARGE include the following: Disruption of surface drainage systems Moderate, short term on existing mine area Same as No Action on expanded mine area Increased runoff and erosion rates Moderate, short term on existing mine area Same as No Action on expanded mine area Increased infiltration Moderate, long term on existing mine area Same as No Action on expanded mine area Reduction in peak flows Moderate, long term on existing mine area Same as No Action on expanded mine area

GROUNDWATER GROUNDWATER RESOURCE IMPACT would include the 2.0 ProposedActionandAlternatives following: Removal of coal and overburden aquifers Negligible, short term on existing mine area Same as No Action on expanded mine area Replacement of existing coal and overburden with spoil Negligible, long term on existing mine area Same as No Action on expanded mine area aquifers Depressed water levels in aquifers adjacent to mines Moderate, short term on existing mine area Same as No Action on expanded mine area Change in hydraulic properties Negligible, long term on existing mine area Same as No Action on expanded mine area Change in groundwater quality in backfilled areas Moderate, long term on existing mine area Same as No Action on expanded mine area

ALLUVIAL VALLEY FLOORS While a final determination has not been made by WDEQ/LQD, No impact on existing mine area Same as No Action on expanded mine area it is believed that there are no AVF’s significant to agriculture on the proposed lease tract

WETLANDS Removal of all existing wetlands Wetlands on existing mine areas would be Same as No Action on expanded mine area mined and reclaimed

VEGETATION PROGRESSIVE REDUCTION IN NATIVE VEGETATION would result in:

2-17 Increased erosion Moderate, short term on existing mine area Same as No Action on expanded mine area Wildlife and livestock habitat loss Moderate, short term on existing mine area Same as No Action on expanded mine area Wildlife habitat carrying capacity loss Moderate, long term on existing mine area Same as No Action on expanded mine area

1 Refer to Section 4.0 and 4.1 for a discussion on magnitude of impacts. 2 All impacts are assumed to be adverse unless noted otherwise. 1 2-18 Table 2-2 Summary Comparison of Magnitude and Duration of Direct and Indirect Impacts for the Proposed 2.0 ProposedActionandAlternatives Action, Alternative 2, Alternative 3 and the No-Action Alternative for the North Jacobs Ranch LBA Tract2 (Continued).

DESCRIPTION OF POTENTIAL IMPACT BY RESOURCE MAGNITUDE AND DURATION OF IMPACT

RESOURCE NAME NO ACTION ALTERNATIVE PROPOSED ACTION, ALTERNATIVE 2 & ALTERNATIVE 3 VEGETATION (Continued) AFTER RECLAMATION the following could result: Changes in vegetation patterns Negligible, long term on existing mine area Same as No Action on expanded mine area Reduction in vegetation diversity Negligible, long term on existing mine area Same as No Action on expanded mine area Reduction in shrub density Negligible, long term on existing mine area Same as No Action on expanded mine area

Final EIS,North JacobsRanch Coal LeaseApplication WILDLIFE DURING MINING the following could occur: Wildlife displacement Moderate, short term on existing mine area Same as No Action on expanded mine area Pronghorn passage reduction Moderate, short term on existing mine area Same as No Action on expanded mine area Increased mortality rate to small mammals Moderate, short term on existing mine area Same as No Action on expanded mine area Temporary displacement of small mammals Moderate, short term on existing mine area Same as No Action on expanded mine area Sage grouse habitat removal Negligible, short term on existing mine area Same as No Action on expanded mine area Abandonment of raptor nests Negligible, short term on existing mine area Same as No Action on expanded mine area Foraging habitat reduction for raptors Negligible, short term on existing mine area Same as No Action on expanded mine area Loss of nesting and foraging habitat for MBHFI Negligible, short term on existing mine area Same as No Action on expanded mine area Reduction in waterfowl resting and feeding habitat Negligible, short term on existing mine area Same as No Action on expanded mine area Loss of songbird foraging habitat Moderate, short term on existing mine area Same as No Action on expanded mine area Temporary wildlife habitat loss Negligible, short term on existing mine area Same as No Action on expanded mine area Continued road kills by mine-related traffic Negligible, short term on existing mine area Same as No Action on expanded mine area

THREATENED, ENDANGERED AND CANDIDATE SPECIES MINING IMPACTS could result in the following: Loss of black-footed ferret colonies No impacts on existing mine area Same as No Action on expanded mine area Loss of bald eagle nesting and foraging habitat Negligible, short term on existing mine area Same as No Action on expanded mine area Loss of peregrine falcon nesting and foraging habitat No impact on existing mine area Same as No Action on expanded mine area Loss of Ute Ladies-tresses orchid habitat Negligible on existing mine area Same as No Action on expanded mine area Loss of mountain plover habitat Negligible on existing mine area Same as No Action on expanded mine area Loss of swift fox habitat Negligible on existing mine area Same as No Action on expanded mine area

LAND USE AND RECREATION ENVIRONMENTAL CONSEQUENCES ON LAND USE would be: Reduction of livestock grazing Moderate, long term on existing mine area Same as No Action on expanded mine area Loss of wildlife habitat Moderate, long term on existing mine area Same as No Action on expanded mine area Curtailment of oil and gas development Moderate, long term on existing mine area Same as No Action on expanded mine area Loss of public land available for recreation activities Moderate, short term on existing mine area Same as No Action on expanded mine area Loss of coal bed methane reserves Moderate, permanent on existing mine area Same as No Action on expanded mine area

1 Refer to Section 4.0 and 4.1 for a discussion on magnitude of impacts. 2 All impacts are assumed to be adverse unless noted otherwise. 1 Final EIS,North JacobsRanch Coal LeaseApplication Table 2-2 Summary Comparison of Magnitude and Duration of Direct and Indirect Impacts for the Proposed Action, Alternative 2, Alternative 3 and the No-Action Alternative for the North Jacobs Ranch LBA Tract2 (Continued).

DESCRIPTION OF POTENTIAL IMPACT BY RESOURCE MAGNITUDE AND DURATION OF IMPACT

RESOURCE NAME NO ACTION ALTERNATIVE PROPOSED ACTION, ALTERNATIVE 2 & ALTERNATIVE 3 CULTURAL RESOURCES 33 sites not eligible or recommended not eligible for NRHP Impacts to eligible or unevaluated sites are Same as No Action on expanded mine area 1 eligible for NRHP not permitted; any site eligible for the NRHP would be avoided or mitigated through data recovery Possible increase in vandalism Possible increase in unauthorized collecting No impacts on existing mine area Negligible on expanded mine area No impacts on existing mine area Negligible on expanded mine area

NATIVE AMERICAN CONCERNS No impact identified on existing mine area Same as No Action on expanded mine area

PALEONTOLOGICAL RESOURCES Overburden removal could expose fossils for scientific No impact identified on existing mine area Same as No Action on expanded mine area examination

VISUAL RESOURCES

EVIDENT IMPACTS DURING MINING include the following: 2.0 ProposedActionandAlternatives Alteration of landscape classified by the USFS as “common” Negligible, short term on existing mine area Same as No Action on expanded mine area

IMPACTS FOLLOWING RECLAMATION could be: Smoother sloped terrain Negligible, long term on existing mine area Same as No Action on expanded mine area Reduction in sagebrush density Negligible, short term on existing mine area Same as No Action on expanded mine area

NOISE INCREASED NOISE LEVELS could affect: Occupied dwellings within 1 mile None for existing mine area Same as No Action on expanded mine area Wildlife in immediate vicinity Negligible, short term on existing mine area Same as No Action on expanded mine area

TRANSPORTATION FACILITIES Increase in duration that coal is shipped on railroads and No impact on existing mine area Negligible, short term on expanded mine area employees travel on highways by 7 to 23.2 years Relocation of pipelines No impact on existing mine area Negligible, short term on expanded mine area Relocation of utility lines No impact on existing mine area Same as No Action on expanded mine area

1 Refer to Section 4.0 and 4.1 for a discussion on magnitude of impacts. 2 All impacts are assumed to be adverse unless noted otherwise. 2-19 2-20 1

Table 2-2 Summary Comparison of Magnitude and Duration of Direct and Indirect Impacts for the Proposed 2.0 ProposedActionandAlternatives Action, Alternative 2, Alternative 3 and the No-Action Alternative for the North Jacobs Ranch LBA Tract2 (Continued).

DESCRIPTION OF POTENTIAL IMPACT BY RESOURCE MAGNITUDE AND DURATION OF IMPACT

RESOURCE NAME NO ACTION ALTERNATIVE PROPOSED ACTION, ALTERNATIVE 2 & ALTERNATIVE 3 SOCIOECONOMICS EFFECTS DURING MINING would include: Employment Potential (No increase of jobs in expanded mine Moderate, beneficial short term on existing Continued moderate, beneficial, short term on area is expected) mine area expanded mine area Revenues from royalties and taxes to the state government Moderate, beneficial short term on existing Continued moderate, beneficial, short term on

Final EIS, North JacobsRanch CoalLeaseApplication mine area expanded mine area Revenues from royalties and taxes to the federal government Moderate, beneficial short term on existing Continued moderate, beneficial, short term on mine area expanded mine area Economic development Moderate, beneficial short term on existing Continued moderate, beneficial, short term on mine area expanded mine area Population in Campbell and Converse counties No impact on existing mine area Same as No Action on expanded mine area

1 Refer to Section 4.0 and 4.1 for a discussion on magnitude of impacts. 2 All impacts are assumed to be adverse unless noted otherwise. 1, 2 Final EIS,North JacobsRanch Coal LeaseApplication Table 2-3. Summary Comparison of Magnitude and Duration of Cumulative Impacts .

DESCRIPTION OF POTENTIAL IMPACT BY RESOURCE MAGNITUDE TYPE AND DURATION OF IMPACT

RESOURCE NAME NO ACTION ALTERNATIVE PROPOSED ACTION & ALTERNATIVE 2 & ALTERATIVE 3

TOPOGRAPHY & PHYSIOGRAPHY REDUCED RELIEF AND SUBDUED TOPOGRAPHY could result in: Reduction in topographic diversity Negligible, long term on existing mine areas Same as No Action on expanded mine areas Increased precipitation infiltration Negligible, long term on existing mine areas Same as No Action on expanded mine areas Biodiversity reduction Negligible, long term on existing mine areas Same as No Action on expanded mine areas Big game carrying capacity reduction Negligible, long term on existing mine areas Same as No Action on expanded mine areas

GEOLOGY AND MINERALS RECOVERY OF COAL would result in: Stabilization of municipal, county and state economies Significant, beneficial, short term on existing Same as No Action on expanded mine areas mine areas

SOILS RECLAIMED SOILS could result in: Increased soil productivity Negligible, long term on existing mine areas Same as No Action on expanded mine areas Reduced erosion Negligible, long term on existing mine areas Same as No Action on expanded mine areas

AIR QUALITY IMPACTS ASSOCIATED WITH MINING OPERATIONS would 2.0 ProposedActionandAlternatives include: Elevated concentrations of TSP Negligible, short term on existing mine areas Same as No Action on expanded mine areas Elevated concentrations of gaseous emissions Negligible, short term on existing mine areas Same as No Action on expanded mine areas

WATER RESOURCES SURFACE WATER IMPACTS TO SURFACE WATER could result in: Temporary reduction in soil infiltration rates and increased Negligible, short term on existing mine areas Same as No Action on expanded mine areas runoff

GROUNDWATER IMPACTS ON GROUNDWATER could result in: Replacing coal and overburden aquifers with spoil aquifers Negligible, long term on existing mine areas Same as No Action on expanded mine areas Drawdown in the coal and shallower aquifers in surrounding Negligible, short term on existing mine areas Same as No Action on expanded mine areas areas Water-level decline in the sub-coal Fort Union Formation Negligible to moderate, short term on existing Same as No Action on expanded mine areas mine areas Change in groundwater quality as a result of mining Negligible, long term on existing mine areas Same as No Action on expanded mine areas

1

2-21 Refer to Section 4.5 for a discussion of cumulative impacts. 2 All impacts are assumed to be adverse unless noted otherwise. 2-22 1, 2

Table 2-3 Summary Comparison of Magnitude and Duration of Cumulative Impacts (Continued). 2.0 ProposedActionandAlternatives

DESCRIPTION OF POTENTIAL IMPACT BY RESOURCE MAGNITUDE TYPE AND DURATION OF IMPACT

RESOURCE NAME NO ACTION ALTERNATIVE PROPOSED ACTION & ALTERNATIVE 2 & ALTERATIVE 3

ALLUVIAL VALLEY FLOORS No cumulative impacts anticipated on existing Same as No Action on expanded mine areas mine areas

WETLANDS Removal of existing wetlands Wetlands on existing mine areas would be mined Same as No Action on expanded mine areas and reclaimed

VEGETATION

Final EIS,North JacobsRanch Coal LeaseApplication SURFACE DISTURBANCE would result in: Loss of common native vegetation types for wildlife Negligible, short term on existing mine areas Same as No Action on expanded mine areas

Regional loss of vegetative diversity Negligible, long term on existing mine areas Same as No Action on expanded mine areas

WILDLIFE IMPACTS ON WILDLIFE FROM SURFACE MINING could result in: Loss of pronghorn habitat Moderate, short term on existing mine areas Same as No Action on expanded mine areas Mule deer population reduction Negligible, short term on existing mine areas Same as No Action on expanded mine areas Reduction in raptor nesting sites and foraging habitat Negligible, short term on existing mine areas Same as No Action on expanded mine areas Reduction in sage grouse leks Negligible, short term on existing mine areas Same as No Action on expanded mine areas Loss of nesting and foraging habitat for MBHFI Negligible, short term on existing mine areas Same as No Action on expanded mine areas Reduction in waterfowl habitat Minor, short term on existing mine areas Same as No Action on expanded mine areas Permanent reduction in wildlife habitat diversity Major, long term on existing mine areas Same as No Action on expanded mine areas Permanent reduction in some wildlife carrying capacity Major, long term on existing mine areas Same as No Action on expanded mine areas

THREATENED, ENDANGERED AND CANDIDATE SPECIES No significant cumulative impacts to T & E species are Negligible, short term on existing mine areas Same as No Action on expanded mine areas projected

LAND USE AND RECREATION IMPACTS ON LAND USE could result in: Loss of agricultural production Moderate, short term on existing mine areas Same as No Action on expanded mine areas Disruption of oil and gas development/production Moderate to significant, short term on existing Same as No Action on expanded mine areas mine areas Reduction of wildlife habitat Moderate, short term on existing mine areas Same as No Action on expanded mine areas

IMPACTS ON RECREATION could result in: Loss of access to public lands used by recreationists, Moderate, short term on existing mine areas Same as No Action on expanded mine areas particularly hunting

1 Refer to Section 4.5 for a discussion of cumulative impacts. 2 All impacts are assumed to be adverse unless noted otherwise. 1, 2 Final EIS, North JacobsRanch CoalLeaseApplication Table 2-3 Summary Comparison of Magnitude and Duration of Cumulative Impacts (Continued).

DESCRIPTION OF POTENTIAL IMPACT BY RESOURCE MAGNITUDE TYPE AND DURATION OF IMPACT

RESOURCE NAME NO ACTION ALTERNATIVE PROPOSED ACTION & ALTERNATIVE 2 & ALTERATIVE 3

CULTURAL RESOURCES Sites eligible for NRHP would be mitigated on Same as No Action on expanded mine areas existing mine areas

NATIVE AMERICAN CONCERNS No impact identified on existing mine areas Same as No Action on expanded mine areas

PALEONTOLOGICAL RESOURCES No impact identified on existing mine areas Same as No Action on expanded mine areas

VISUAL RESOURCES Impacts on visual resources by mining activities Moderate, short term on existing mine areas Same as No Action on expanded mine areas

NOISE No impact anticipated outside of existing mine Same as No Action outside expanded mine areas areas

TRANSPORTATION FACILITIES Continued use of existing transportation facilities Negligible, short term on existing mine area Same as No Action on expanded mine areas

SOCIOECONOMICS IMPACTS ON SOCIOECONOMICS could include:

Mineral and energy related development Moderate, beneficial, short term on existing mine Same as No Action on expanded mine areas 2.0 ProposedActionandAlternatives areas Employment Significant, beneficial, short term on existing mine Same as No Action on expanded mine areas areas Housing market Significant, short term due to existing mines Same as No Action on expanded mine areas Economic development Significant, beneficial, short term due to existing Same as No Action on expanded mine areas mine areas Revenues and royalties Significant, beneficial, short term due to existing Same as No Action on expanded mine areas mine areas 1 Refer to Section 4.5 for a discussion of cumulative impacts. 2 All impacts are assumed to be adverse unless noted otherwise. 2-23 2.0 Proposed Action and Alternatives

Impacts can be beneficial or adverse, and they can be a primary result of an action (direct) or a secondary result (indirect). They can be permanent, long-term (persisting beyond the end of mine life and reclamation) or short-term (persisting during mining and reclamation and through the time the reclamation bond is released). Impacts also vary in terms of significance. The basis for conclusions regarding significance are the criteria set forth by the Council on Environmental Quality (40 CFR 1508.27) and the professional judgement of the specialists doing the analyses. Impact significance may range from negligible to substantial; impacts can be significant during mining but be reduced to insignificance following completion of reclamation.

2-24 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment

3.0 AFFECTED ENVIRONMENT 3.1 General Setting

This chapter describes the existing The project area is located in the conditions of the physical, biological, PRB, a part of the Northern Great cultural, and socioeconomic Plains which includes most of resources in the study area. The northeastern Wyoming. Vegetation is resources that are addressed here primarily sagebrush and mixed grass were identified during the scoping prairie. The climate is semi-arid, with process or interdisciplinary team an average annual precipitation at review as having the potential to be Wright (Figure 3-1) of just over affected. Figure 3-1 shows the 11 inches (Martner 1986). June (2.35 general analysis area for most inches) and May (2.04 inches) are the environmental resources. wettest months, and February (0.29 inch) is the driest. Snowfall averages Critical elements of the human 25.1 inches per year, with most 1 environment (BLM 1988) that could occurring in March (5.0 inches) and potentially be affected by the December (4.5 inches). Potential proposed actions include air quality, evapotranspiration, at approximately cultural resources, Native American 31 inches (National Oceanic and religious concerns, T&E species, Atmospheric Administration 1969), hazardous or solid wastes, water exceeds annual precipitation. The quality, wetlands/riparian zones, average daily mean temperature is invasive non-native species and 44.2°F. The highest recorded environmental justice. Five other temperature was 103°F and the critical elements (areas of critical lowest was -34°F. July is the environmental concern, prime or warmest month, with a mean daily unique farmlands, floodplains, wild temperature of 70°F, and January is and scenic rivers, and wilderness) are the coldest (20.5°F). The frost-free not present in the project area and are not addressed further. In period is 100-125 days. addition to the critical elements that are potentially present in the project The average annual wind speed for area, this EIS discusses the status the period 1987 through 1999 at the and potential effects of mining the Jacobs Ranch Mine (Figure 3-1) was LBA tract on topography and 8.9 mph. Wind speeds are highest in physiography, geology and mineral the winter and spring and are resources, soils, water quantity, predominantly from the northwest alluvial valley floors, vegetation, and southeast. Winter gusts often wildlife, land use and recreation, reach 30-40 mph. During periods of paleontological resources, visual strong wind, dust may impact air resources, noise, transportation quality across the region. resources, and socioeconomics. There are an average of 15 air- stagnation events annually in the 1 Refer to page viii for a list of PRB with an average duration of two abbreviations and acronyms used in this document. days each (BLM 1974). General

Final EIS, North Jacobs Ranch Coal Lease Application 3-1

3.0 Affected Environment information describing the area's average about 2 percent. A resources were gathered from draft significant portion of both the Jacobs BLM Buffalo Field Office planning Ranch Mine permit area and the documents (BLM 1996a, 1996b, North Jacobs Ranch LBA Tract lie 1996c, 1996d, 1996g) and a BLM coal within closed basins. Slope analyses leasing study (BLM 1996e). would be done for the LBA tract if it is leased. 3.2 Topography and Physiography 3.3 Geology The PRB is an elongated, asym­ metrical structural downfold. It is Stratigraphic units in the mine area bounded by the Casper Arch, Laramie that would be impacted if the North Mountains, and Hartville Uplift to the Jacobs Ranch LBA Tract is mined south; the Miles City Arch in include, in descending order, recent Montana to the north, the Big Horn (Quaternary age) alluvial and eolian Mountains on the west, and the Black deposits, the Eocene age Wasatch Hills on the east. The Jacobs Ranch Formation (the overburden), and the Mine is located on the gently dipping Paleocene age Fort Union Formation eastern limb of the structural basin, (which contains the target coal beds). near the southern end. The regional Figure 3-2 shows two geologic cross- dip in the area of the mine is sections drawn through the North approximately 1 degree to the Jacobs Ranch LBA Tract (one north- northwest. There are local areas south and one east-west). These where the shallow strata dip at higher cross sections are representative of angles, generally due to local folding the geology in the vicinity of the LBA or faulting. tract, with the primary variables being the thickness of overburden, The PRB landscape consists of broad the parting thickness between the plains, low hills, and tablelands. Lower and Middle Wyodak coal Generally, the topography changes seams, and the surface topography. from open hills with 500-1,000 ft of Figure 3-3 is a chart showing the relief in the northern part of the PRB stratigraphic relationships and to plains and tablelands with 300-500 hydrologic characteristics of the ft of relief in the southern part. surface and subsurface geologic units Playas are common in the basin, as in the area of the Jacobs Ranch Mine. are buttes and plateaus capped by clinker or sandstone. The LBA tract is Surficial deposits in the analysis area in an area consisting primarily of include Quaternary alluvial and gently rolling terrain broken by minor eolian deposits, Wasatch Formation, drainages with an elevation ranging clinker, and weathered Wasatch and from 4,720 to 4,930 ft. Overall, the Fort Union Formations. There is very North Jacobs Ranch LBA Tract is little clinker on the LBA tract itself, similar in topography to the Jacobs although it is present in the analysis Ranch Mine permit area. Slopes area. There are thin alluvial deposits range from flat to 14 percent and along the ephemeral streams (Mills

Final EIS, North Jacobs Ranch Coal Lease Application 3-3

Geologic Unit Hydrologic Characteristics RECENT ALLUVIUM Typically fine grained and poorly sorted in intermittent drainages. Occasional very thin, clean interbedded sand lenses. Low yields and excessive dissolved HOLOCENE solids generally make these aquifers unsuitable for domestic, agricultural and livestock usage. Low infiltration capacity unless covered by sandy eolian blanket.

CLINKER Baked and fused bedrock resulting from burning coal seams which ignite on the outcrop from lightning, manmade fires or spontaneous combustion. The reddish HOLOCENE TO clinker (locally called scoria, red dog, etc.) formed by melting and partial fusing PLEISTOCENE from the burning coal. The baked rock varies greatly in the degree of alteration; some is dense and glassy while some is vesicular and porous. It is commonly used as a road construction material and is an aquifer wherever saturated.

Lenticular fine sands interbedded in predominantly very fine grained siltstone and claystone may yield low to moderate quantities of poor to good quality water. WASATCH FORMATION* The discontinuous nature and irregular geometry of these sand bodies result in low overall permeabilities and very slow groundwater movement in the overbur­ EOCENE den on a regional scale. Water quality in the Wasatch formation generally does not meet Wyoming Class I drinking water standards due to the dissolved mineral content. Some wells do, however, produce water of considerably better quality which does meet the Class I standard.

The coal seams serve as regional groundwater aquifers and exhibit highly variable aquifer properties. Permeability and porosity associated with the coal TONGUE RIVER arise almost entirely from fractures. Coal water typically does not meet Class I MEMBER or Class II (irrigation) use standards. In most cases, water from coal wells is suitable for livestock use. The coal water is used throughout the region as a source of stock water and occasionally for domestic use.

The Lebo Member, also referred to as “The Lebo Confining Layer” has a mean thickness of 711 feet in the PRB and a thickness of about 400 feet in the vicinity LEBO of Gillette (Lewis and Hotchkiss 1981). The Lebo typically yields small quantities MEMBER of poor quality groundwater. Where sand content is locally large, caused by channel or deltaic deposits, the Lebo may yield as much as 10 gpm (Lewis and Hotchkiss 1981). PALEOCENE The Tullock Member has a mean thickness of 785 feet in the PRB and a mean sand content of 53 percent which indicates that the unit generally functions well as a regional aquifer. Yields of 15 gpm are common but vary locally and may be TULLOCK as much as 40 gpm. Records from the SEO indicate that maximum yields of FORT UNION FORMATION MEMBER approximately 300 gpm have been achieved from this aquifer. Water quality in the Tullock Member often meets Class I standards. The extensive sandstone units in the Tullock Member are commonly developed regionally for domestic and industrial uses. The City of Gillette is currently using eight wells completed in this zone to meet part of its municipal water requirements.

LANCE Sandstone and interbedded sandy shales and claystone provide yields generally of less than 20 gpm. Higher yields are sometimes achieved where sand FORMATION thicknesses are greatest. Water quality is typically fair to good.

FOX HILLS Sandstone and sandy shales yield up to 200 gpm, however, yields are frequently significantly less. The water quality of the Fox Hills is generally good with TDS SANDSTONE concentrations commonly less than 1000 mg/l.

UPPER This unit is comprised predominantly of marine shales with only occasional local thin sandstone lenses. Maximum yields are minor and overall the unit is not CRETACEOUS PIERRE SHALE water bearing. Water obtained from this unit is poor with high concentrations of sodium and sulfate as the predominant ions in solution.

* Not present in the general area of the PSO lands.

Figure 3-3. Stratigraphic Relationships and Hydrologic Characteristics of Upper Cretaceous, Lower Tertiary, and Recent Geologic Units, Powder River Basin, Wyoming. (Compiled from Hodson et al. 1973 and Lewis and Hotchkiss 1981). 3.0 Affected Environment and Shipley Draws) and the closed The Tongue River member consists of basin drainage channels. They interbedded claystone, silty shale, typically consist primarily of poor to carbonaceous shale and coal, with well-sorted, irregularly bedded to lesser amounts of fine-grained laminated, unconsolidated sand, silt, sandstone and siltstone. and clay with minor intervals of fine gravel. (Refer to Section 3.6.2 and At the Jacobs Ranch Mine, there are Figure 3-8 for an additional three mineable coal seams. JRCC discussion and location map of Mills personnel refer to these seams as and Shipley Draws.) the Upper, Middle and Lower Wyodak. In parts of sections 10 and 15 of The Wasatch Formation forms most T.43N., R.70W. these three beds of the overburden on top of the coalesce to form one thick coal seam recoverable coal seams in the Fort which, in the general analysis area, is Union Formation in the general referred to as the Wyodak. Several analysis area. It consists of other names are applied to this coal interbedded lenticular sandstones, seam, including the Wyodak- siltstones, shales, and thin Anderson and Anderson-Canyon. discontinuous coals. There is no The Wyodak-Anderson coal seam is distinct boundary between the mined at the Black Thunder Mine Wasatch Formation and the which is located immediately south of underlying Fort Union Formation. the Jacobs Ranch Mine (Figure 3-1). From a practical standpoint, however, the top of the mineable coal zone is On the North Jacobs Ranch LBA considered as the contact between the tract, the Upper Wyodak averages two formations. The average 12.5 feet in thickness, the Middle overburden thickness on the LBA Wyodak averages 51.5 feet in tract is about 215 feet. Overburden thickness, and the Lower Wyodak thickness generally increases to the thickness averages 8.2 feet. The west due to the westerly dip of the Upper Wyodak occurs throughout the beds in this area. Overburden LBA tract, and it is separated from thickness decreases in stream valleys the Middle Wyodak by an average of where it has been removed by 2.3 feet of parting. The Middle erosion. Wyodak merges with the Lower Wyodak at a line that trends roughly The Fort Union Formation consists north-northwest through the centers primarily of shales, mudstones, of sections 28 and 33, T.44N., R.70W. siltstones, lenticular sandstones, and To the east of this divergence line the coal. It is divided into three Middle Wyodak and Lower Wyodak members: Tongue River (which are separated by a parting that contains the target coal seams), Lebo, averages five feet thick but thickens and Tullock, in descending order to over 20 feet as it approaches the (Figure 3-3). eastern edge of the tract (Figure 3-2). In the western half of the LBA tract the Middle Wyodak and Lower

3-6 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment

Wyodak are merged with an average value south of Gillette than north of coal thickness of 56.7 feet. Gillette. According to the analyses (which were done on an as-received The Lebo Shale and Tullock members basis) of exploration drilling samples of the Fort Union Formation underlie collected in the Jacobs Ranch Mine the Tongue River member (Figure 3­ area, the recoverable coal reserve has 3). They consist primarily of an average heating value of sandstone, siltstone, mudstone, shale approximately 8,600 Btu/lb and and coal. In general, the Tullock contains an average of 5.80 percent member contains more sand than the ash, 0.48 percent sulfur, 31.40 Lebo Shale member. percent volatile matter, 33.87 percent fixed carbon, and 28.45 percent Mineral Resources moisture.

The PRB contains large reserves of Oil and Gas. Oil and gas have been fossil fuels including oil, natural gas produced in the PRB for more than or methane (from conventional 100 years from reservoir beds that reservoirs and from coal beds), and range in age from Pennsylvanian to coal, all of which are currently being Oligocene (DeBruin 1996). There are produced. In addition, uranium, approximately 500 fields that produce bentonite, and scoria are mined in oil and/or natural gas. The estimated the PRB (BLM 1996g). mean amounts of undiscovered hydrocarbons in the basin are 1.94 Coal. There are 15 coal mines lying billion barrels of recoverable oil and along a north/south line that 1.60 trillion ft3 of gas (USGS 1995). parallels Highway 59 starting north of Depth to gas and oil-bearing strata is Gillette, Wyoming, and extending generally between 4,000 ft and south for about 75 miles (Figure 1-1). 13,500 ft, but some wells are as Several of these mines, including the shallow as 250 ft. Rawhide and Coal Creek Mines, are capable of producing but are not The LBA tract overlies geologic currently active. These mines are structures that contain producible located where the Wyodak coal is at quantities of oil and gas. The Hilight its shallowest depths, i.e., nearest the Oil and Gas Field, which was outcrop. A 16th mine, the Dave discovered in 1969, underlies the LBA Johnston Mine, located near tract. The main zone of production at Glenrock, Wyoming about 35 miles the Hilight Field is the Early southwest of the Jacobs Ranch Mine Cretaceous Muddy Sandstone, which has also shut down coal mining lies approximately 9,000 feet below operations. the surface in this area. See Section 3.11 for further discussion of The Fort Union coal seams are producing wells and their associated subbituminous and are generally low- facilities. sulfur, low-ash coals. Typically, the coal being mined has a higher heating

Final EIS, North Jacobs Ranch Coal Lease Application 3-7 3.0 Affected Environment

Coal Bed Methane. The generation of CBM has been commercially methane gas from coal beds occurs as produced in the Powder River Basin a natural process. Methane produced since 1989 when production began at by coal may be trapped in the coal by Rawhide Butte Field, west of the overburden pressure, by the pressure Eagle Butte Mine. CBM exploration of water in the coal, or by and development is currently ongoing impermeable layers immediately throughout the PRB in Wyoming, and above the coal. Deeper coal beds there are now more than 5,000 have higher pressures and generally productive wells in place. trap more gas. Under favorable geologic conditions, methane can be Since the early 1990's, the BLM has trapped at shallow depths in and completed numerous EAs and two above coal beds, and this seems to be EISs analyzing CBM projects. The the case in the PRB. Without the last of these was the Wyodak CBM existence of conditions which act to Project EIS, which was completed in trap the gas in shallow coals or in 1999. It studied 3,600 square miles adjacent sandstones, the gas escapes of mixed federal, state, and private to the atmosphere. It is likely that a lands. The EIS analyzed the impacts lot of methane generated by the coal of drilling and producing up to 5,000 beds in the PRB has gradually new federal, state, and private CBM escaped into the atmosphere because wells in addition to the 890 wells that of the relatively shallow coal burial had been evaluated in previous NEPA depths. However, a large amount documents. BLM recently completed also remains in the coal. A recent an EA that analyzed the impacts of study estimates that there are drilling as many as 2,500 additional approximately 38.2 trillion cubic feet federal drainage protection wells of CBM gas in place in coal beds that within the Wyodak CBM Project EIS are thicker than 20 feet and deeper area. These wells would be drilled than 200 feet. This study estimates and produced to prevent the loss of that there area 25.6 trillion cubic feet federal CBM resources and of recoverable CBM reserves (Finley corresponding royalties from and Goolsby 2000). undrilled federal oil and gas leases that are adjacent to and potentially Historically, methane has been being drained by producing wells on reported flowing from shallow water private or state lands. BLM is also wells and coal exploration holes in preparing a new regional EIS. It will parts of the PRB. According to analyze the cumulative impacts of DeBruin and Jones (1989), most of reasonably foreseeable CBM and the documented historical conventional oil and gas development occurrences have been in the within the Wyoming portion of the northern PRB. Olive (1957) PRB. references a water well in T.54N., R.74W. which began producing gas CBM is currently being produced on for domestic use in 1916. the North Jacobs Ranch LBA Tract. Approved spacing for CBM wells is

3-8 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment one well per 80 acres or eight wells are currently two in-situ leach per section. A maximum of 60 CBM operations in the PRB. Production at wells could be drilled on this LBA another ended in 2000. No known tract under any of the alternatives uranium reserves exist on the North being analyzed in this EIS. Jacobs Ranch LBA Tract.

The ownership of oil and gas Scoria. Scoria or clinker has been resources in the LBA tract is and continues to be a major source of discussed in Section 3.11 of this EIS. gravel for road construction in the Rim Operating, Inc. is the owner of area. Scoria is present within the most of the CBM drilling rights on the Jacobs Ranch Mine area, although North Jacobs Ranch LBA Tract. As of scoria is not present on the LBA tract January 2001, they had drilled 33 as applied for under the Proposed CBM wells on the North Jacobs Action. Scoria is present within the Ranch LBA Tract. Thirteen of these Alternatives 2 and 3 tracts. wells began producing in December 2000, and thirteen wells began 3.4 Soils producing in January 2001. Rim plans more drilling in this area. The soils on the North Jacobs Ranch LBA Tract are typical of the soils that Bentonite. Layers of bentonite occur on the adjoining Jacobs Ranch (decomposed volcanic ash) of varying Mine. Most of the LBA tract was thickness are present throughout the subjected to an order 1-2 soils survey PRB. Some of the thicker layers are in 1999. The area covered in the mined where they are near the study includes the LBA tract under surface, mostly around the edges of the Proposed Action and Alternative the basin. Bentonite has a large 2, as well as the area that would be capacity to absorb water, and disturbed if the tract were mined. because of this characteristic it is used in a number of processes and Based on the baseline soils studies, products, including cat litter and there is enough suitable topsoil for drilling mud. No mineable bentonite salvaging within the LBA tract under reserves have been identified on the the Proposed Action and Alternatives North Jacobs Ranch LBA Tract. 2 and 3 to redistribute suitable soils to an average depth of about two to Uranium. There are substantial three feet over all disturbed areas. uranium resources in southwestern Campbell and northwestern Converse All soil surveys were completed to an Counties. Uranium exploration and order 1-2 resolution in accordance mining were very active in the 1950's, with WDEQ/LQD Guideline No. 1 when numerous claims were filed in which outlines required soils the PRB. A decreased demand information necessary for a coal combined with increased foreign mining operation. The inventories supply reduced uranium mining included field sampling and activities in the early 1980's. There observations at the requisite number

Final EIS, North Jacobs Ranch Coal Lease Application 3-9 3.0 Affected Environment of individual sites, and laboratory • Hiland fine sandy loam, 0 to 6 analysis of representative collected percent slopes samples. • Hiland – Bowbac sandy loams, 0 to 6 percent slopes The following is a list of the soil series • Hiland – Bowbac sandy loams, 6 that comprise the various map units to 15 percent slopes delineated on the proposed affected • Keeline – Tullock – Niobrara area associated with the North Jacobs complex, 3 to 30 percent slopes Ranch LBA Tract under the Proposed • Theedle – Kishona loams, 0 to 6 Action, including the area added percent slopes under Alternative 2 and Lot 2 of • Theedle – Kishona loams, 6 to 20 Section 35, T.44N., R.70W. percent slopes • Theedle – Shingle loams, 3 to 30 Soils developing predominantly in percent slopes alluvial or colluvial fan deposits • Wibaux – Shingle – Rock Outcrop • Arvada, thick surface – Arvada – complex, 6 to 60 percent slopes Slickspots complex, 0 to 6 percent slopes Soils developing predominantly in • Bidman loam, 0 to 6 percent eolian sand deposits slopes • Pugsley – Decolney sandy loams, 0 • Bidman – Ulm loams, 0 to 6 to 6 percent slopes percent slopes • Terro – Taluce sandy loam, 6 to 30 • Bidman – Parmleed, 0 to 6 percent percent slopes slopes • Turnercrest – Keeline – Taluce • Cambria – Kishona – Zigweid sandy loams, 6 to 30 percent loams, 0 to 6 percent slopes slopes • Decolney – Hiland sandy loams, 0 • Vonalee sandy loam, 0 to 10 to 6 percent slopes percent slopes • Forkwood – Cushman loams, 0 to • Vonalee – Terro sandy loams, 2 to 6 percent slopes 10 percent slopes • Maysdorf fine sandy loam, 0 to 6 percent slopes Table 3-1 provides the extent of six • Teckla very fine sandy loam, 0 to depth classes of suitable topsoil 10 percent slopes within the LBA tract under the • Ulm loam, 0 to 6 percent slopes Proposed Action, including the area • Ulm clay loam, 0 to 6 percent added under Alternative 2 and Lot 2 slopes of Section 35, T.44N., R.70W. • Ulm – Renohill complex, 0 to 6 percent slopes An average of about two feet of topsoil will be redistributed on all disturbed Soils developing predominantly in acres. Areas of unsuitable soils residuum on uplands include sites with high alkalinity, • Felix clay, ponded, 0 to 2 percent salinity or clay content. slopes

3-10 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment

Table 3-1. Acres of Topsoil Available for Reclamation Within the North Jacobs Ranch LBA Tract Under the Proposed Action, Including the Area Added Under Alternative 2 and Lot 2 of Section 35, T.44N., R.70W. Thickness of Suitable Topsoil (inches) Acres Percent 0 384.2 7.6 0 - 12 0.0 0.0 12 - 30 1431.5 28.5 30 - 48 1765.6 35.2 48 - 60 1441.4 28.7 > 60 0.0 0.0 Total 5022.7 100.0

The soil depths and types on the for the Jacobs Ranch Mine are North Jacobs Ranch LBA Tract under depicted on Figure 3-4. the Proposed Action and Alternative 2 are similar to soils currently being The air quality of the PRB area is salvaged and utilized for reclamation generally good. WDEQ/AQD at the adjacent mine and other mines assumes a background PM10 in the PRB. The tract is expected to concentration of 15µg/m3 for have an adequate quantity and regulatory purposes (Judy Shamley, quality of soil for reclamation. The April 2000). Figure 3-5 is a depiction site-specific soil surveys have located of visibility impairment measured in hydric soils and/or inclusions of deciviews (dv). A dv is a general hydric soils. Wetland surveys are measure of view impairment caused discussed in Section 3.8. by pollution. A dv of 13 translates to a view of approximately 60 miles, 3.5 Air Quality which in the PRB is common viewing distance. As can be seen from Figure Wind speeds for the region average 3-5, the only areas of the U.S. with from nine to 13 miles per hour with less view impairment than the PRB local variations due to differences in are the Colorado Plateau (dv = 11) topography. Winds are predomin­ and the Great Divide Basin (dv = 10). antly from the northwest and the southeast and tend to be strongest in The basic regulatory framework the winter and spring and calmer in governing air quality in Wyoming is the summer. Wind velocity tends to the Wyoming Environmental Quality increase during the day and decrease Act, the accompanying Air Quality during the night. A wind rose Standards and Regulations diagram along with the air quality promulgated by the Wyoming and meteorological sampling locations Environmental Quality Council, and

Final EIS, North Jacobs Ranch Coal Lease Application 3-11

3.0 Affected Environment the State Implementation Plan allowed the smallest increment and approved by the EPA under the Clean Class III the largest. The area the Air Act. This regulatory framework coal mines are located in is Class II, includes state air quality standards, as is all of Wyoming outside the which must be at least as stringent as national parks and wilderness areas. National Ambient Air Quality Standards, and allowable increments The Class I area that is closest to the for the prevention of significant North Jacobs Ranch LBA Tract is deterioration of air quality. Wind Cave National Park in Wyoming’s ambient air standards are southwestern South Dakota. This shown in Table 3-2. national park is approximately 80 miles east of the LBA tract. The next The Prevention of Significant closest Class I area is Badlands Deterioration (PSD) program is National Park, which is approximately designed to protect air quality from 120 miles east of the LBA tract. significant deterioration in areas already meeting state standards. In Wyoming's PSD standards for other words, an increase in ambient particles are identical to federal air pollutant concentrations, above standards, except that Wyoming has the area baseline, is allowable if the not adopted Class III standards (Table state standard increment for the 3-3). Coal mining around the North pollutant is not exceeded for the area. Jacobs Ranch LBA Tract is not The increment allowable under PSD currently affected by the PSD depends on the area's designation as regulations because surface coal Class I, II, or III. Class I areas are mines are not one of the 28 EPA-

Table 3-2. Regulated Air Emissions for Wyoming.

Wyoming National Averaging Standard Standard Emissions Period (µg/m3) (µg/m3) 1 PM10 24-hour 150 150 annual2 50 50

2 Nitrogen Oxide (NOx) annual 100 100 1 Photochemical Oxidant (O3)1 -hour 160 235 1 Sulfur Dioxide (SO2) 3-hour1,300 --­ 24-hour1 260 365 annual2 60 80 Carbon Monoxide (CO) 1-hour1 40,000 40,000 8-hour1 10,000 10,000 1 Standards not to be exceeded more than once per year. 2 Annual arithmetic mean not to be exceeded.

3-14 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment

Table 3-3. Maximum Allowable Increases for Prevention of Significant Deterioration of Air Quality: Particles. Maximum Allowable Increments of Deterioration 3 Averaging (µg/m ) Emission Time Class I Class II Class III2

PM10 Annual Mean 4 17 -­ 24-hour1 8 30 -­ 1 Maximum allowable increment may be exceeded once per year at any receptor site. 2 Wyoming has not adopted Class III standards. listed major emitting facilities for PSD recent power shortages nationwide, regulation, and point-source there has been considerable interest emissions from these mines do not in building more power plants in the exceed the PSD emissions threshold coal-rich PRB. The North American for applicability of 250 tons per year. Power Group has also applied for state permission to build a 500­ In the vicinity of the North Jacobs megawatt coal-fired plant south of Ranch LBA Tract, the main sources of Gillette next to the Cordero Rojo mine air pollution are surface coal mines, complex. The plant would burn 3 vehicle traffic, and various sources million tons of coal per year and associated with oil and gas would be completed by early 2005 if production, railroad traffic and all permits can be obtained (Casper farming and ranching activities. The Star-Tribune April 9, 2001). Another closest existing power plant is 500-megawatt power plant would be approximately 35 miles southwest of built near an 80-megawatt plant the LBA tract (Dave Johnston); under construction in east Gillette however, several new power plants under Black Hills Energy Capital, Inc. have been proposed closer to the tract (Casper Star-Tribune April 9, 2001). including the Two Elk and Two Elk These projects are discussed in the Unit Two plants-about six miles Cumulative Impacts Section of southeast of the tract. The proposed Chapter 4. ENCOAL plant, located about eight miles south of the tract, is currently The major type of emission from on hold. The North American Power surface coal mining activities is Group plans to start construction on fugitive dust. Blasting and moving the 310-megawatt Two Elk power overburden, crushing, loading, and plant near the Black Thunder Mine hauling coal, and the large areas of this year. The group is also planning disturbed land all produce dust. to build a power transmission line Wyoming’s ambient air standards for

(Casper Star-Tribune April 9, 2001) PM10 are shown in Table 3-2. PM10 is and a second coal fired plant near the respirable particulate matter (less Black Thunder Mine (Gillette News than 10 microns) which can penetrate Record, April 16, 2001). With the into the lungs and cause health Final EIS, North Jacobs Ranch Coal Lease Application 3-15 3.0 Affected Environment problems. Wyoming recently dropped monoxide (CO), but also may include their standards for TSP (total sulfur dioxide (SO2) and, by suspended particles) in favor of PM10 secondary processes, ozone (O3). The to match federal standards. national and state standards for emissions of these substances are Blasting is also responsible for also shown in Table 3-2. another type of emission from surface coal mining. Overburden blasting The compressor stations and large sometimes produces low-lying generators associated with oil and gas gaseous orange clouds which contain production and transport and with nitrogen oxides (NOx). In response to fossil fuel-fired power plants produce increasing reports of public exposure emissions of NOx, SO2, CO, TSP, PM10, to these clouds, WDEQ/LQD has volatile organic compounds, and directed certain PRB mines to smaller amounts of other pollutants. monitor, estimate NO2 concentrations, and develop blasting The main pollutant of concern procedures that will protect public associated with the locomotives used health and safety. A description of to haul the coal and other some of these measures is included in commodities is NOx. The main Section 4.5.4 of this EIS. Jacobs pollutants produced by farming and

Ranch Mine has had no directives ranching activities are dust and NOx. from WDEQ to monitor, estimate NO2 concentrations, or develop blasting In order to obtain a state air quality procedures that will protect public construction and operating permit, health and safety because there have each mine may be required to been no reported incidences of NO2 demonstrate, through dispersion exposure events connected with modeling, that its activities will not mining at the Jacobs Ranch Mine. increase PM10 levels above the annual The nearest occupied dwelling to the standard established by the Wyoming North Jacobs Ranch LBA Tract is Air Quality Standards and located approximately 1 mile from the Regulations (WDEQ/AQD 1995). The boundary of the tract, in Section 23, modeling demonstration must include T.44N., R.71W. Another occupied the estimated air pollutant emissions dwelling is actually located within the from other existing pollution- LBA tract, in Section 29, T.44N., generating activities, including R.70W., but is owned by JRCC and adjacent mines, so that control of would be vacated prior to mining. overall air quality is part of the permitting process. Vehicle traffic, both inside and outside the areas of surface coal WDEQ/AQD has presented testimony mining, is responsible for tailpipe in public hearings documenting that emissions and for the emission of the air quality resource in the region fugitive dust from paved and unpaved including the North Jacobs Ranch surfaces. Vehicle emissions consist LBA Tract did not diminish from 1980 primarily of NOx and carbon through 1988, although coal

3-16 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment production in the region increased permits. These conditions stipulate substantially during that period. Air control measures that must be quality particle data from that report implemented by the mine operators to is summarized in Table 3-4. To meet air quality standards. These summarize the monitoring data in measures include increased comparative form, averages of the sprinkling, use of approved chemicals geometric means from all sites were to control dust, limiting the amount calculated for each calendar year. of disturbed area, temporary Over 23,000 samples are represented vegetation of disturbed areas, and in Table 3-4. The information contemporaneous reclamation. In the presented by the WDEQ/AQD shows mining areas immediately adjacent to that air quality in the Wyoming the North Jacobs Ranch LBA Tract, portion of the PRB did not deteriorate historical particle ambient air quality while coal production increased data show the same result for the nearly 2.5 times in the 1980-1988 Jacobs Ranch Mine as described period. This is due in part to the above for the PRB as a whole. Figure conditions attached to air quality 3-6 presents a plot of average annual

Table 3-4. Summary of WDEQ/AQD Report on Air Quality Monitoring in Wyoming's Powder River Basin, 1980-1988.

TSP Average Number of of All Mines Coal Geometric Producing/ # Produced Overburden Means Year Monitoring1 Sites2 (MMTPY) (MMBCY) (µg/m3) 1980 10/12 29 58.8 93.2 30.8 1981 11/13 34 68.9 108.0 30.4 1982 11/15 43 81.4 120.7 23.1 1983 13/15 41 88.0 157.2 24.3 1984 14/15 44 106.8 166.6 24.3 1985 16/15 45 113.8 196.3 24.3 1986 16/16 46 114.6 169.6 20.5 1987 16/16 45 124.6 180.9 25.6 1988 16/16 45 139.1 209.8 29.3

Notes: 1 Mines include Buckskin, Rawhide, Eagle Butte, Fort Union, Clovis Point, Wyodak, Caballo, Belle Ayr, Caballo Rojo, Cordero, Coal Creek, Jacobs Ranch, Black Thunder, North Antelope/Rochelle, Antelope, and North Rochelle. 2 Some sites include more than one sampler, so the number of samplers is greater than the number of sites. Source: From WDEQ/AQD 1989 (This study has not been updated).

Final EIS, North Jacobs Ranch Coal Lease Application 3-17

3.0 Affected Environment TSP measured at Site #5 standard. Of the three air quality (predominantly upwind) and Site #3 monitoring stations at the Jacobs (predominantly downwind) at the Ranch Mine, Site #4 is located closest Jacobs Ranch Mine for the years to the railroad loop, truck dump, coal 1995 through 1999. The difference in plant and service facilities (Figure 3­ TSP at these two sites is also plotted 4). The average annual TSP at Sites on Figure 3-6, as are the coal and #3 and #5 were below the former overburden production amounts for standard from 1995 through 1999. these years. Some general inferences can be made from Figure 3-6. The The current annual PM10 standard of annual arithmetic mean TSP at both 50 µg/m3 was not exceeded at the the predominantly upwind and three air quality monitoring stations predominantly downwind sites from 1995 through 1999. Within this remained fairly constant (around 30 five-year time period the PM10 µg/m3) from 1995 through 1998, arithmetic means for the Jacobs while coal and overburden production Ranch Mine at the downwind Site #4 also remained relatively constant. (6PM10 and 7PM10), in micrograms The mine’s overburden production per cubic meter, are as follows: 1995 increased from 57.8 million cubic = 24.5; 1996 = 28.0; 1997 = 26.0; yards in 1998 to 82.3 million cubic 1998 = 25.2, and 1999 = 35.6. The yards in 1999. The TSP at both the Jacobs Ranch Mine received no air predominately upwind and quality violations during the 1995 predominately downwind monitoring through 1999 time period. sites also increased; however, the difference in TSP between Sites #3 Nitrogen dioxide (NO2) was monitored and #5 did not show a like increase in from 1975 through 1983 and from 1999. In fact, the annual arithmetic March 1996 through May 1997 in mean TSP concentration was greater Gillette, Wyoming. NO2 data has also at the predominately upwind site been collected at some of the mines in than at the predominately downwind recent years. Table 3-5 summarizes site. Figure 3-6 shows that as the the results of that monitoring. The rate of overburden production North Jacobs Ranch LBA Tract is increased there was not a located approximately 40 miles south proportionate increase in TSP of Gillette and immediately north of measured at the downwind mine the Black Thunder Mine (Figure 1-1). boundary relative to the upwind mine boundary. 3.6 Water Resources

Before adoption of the current annual 3.6.1 Groundwater

PM10 standard, the annual particulate standard was 60 µg/m3 of TSP Within the North Jacobs Ranch LBA (geometric mean). As Figure 3-6 Tract there are two water-bearing shows, the average annual TSP at geologic units that could be disturbed Site #4 in 1999 (which was 65.6 by mining. In descending order, µg/m3) exceeded this former these units are the Wasatch

Final EIS, North Jacobs Ranch Coal Lease Application 3-19 3.0 Affected Environment

Table 3-5. Annual Ambient NO2 Concentration Data. Year Gillette Black Thunder Mine Belle Ayr Mine

NO2 % of NO2 % of NO2 % of (µg/m3)1 Standard (µg/m3)1 Standard (µg/m3)1 Standard 1975 6 6% 1976 4 4% 1977 4 4% 1978 11 11% 1979 11 11% 1980 12 12% 1981 14 14% 1982 11 11% 19832 17 17% 19963 13 13% 13 13% 16 16% 19974 28 28% 23 23% 33 33% 1 Arithmetic Average 2 Monitoring discontinued December 1983, reactivated March 1996 to April 1997. 3 1996 arithmetic average-March to December 4 1997 arithmetic average-January to April Source: Wyoming Ambient Air Monitoring Data, 1997. Wyoming Department of Environmental Quality.

Formation overburden and the groundwater conditions within the Wyodak coal seam. The sub-coal Fort LBA tract. Union Formation is utilized for water supply at the Jacobs Ranch Mine but Recent Alluvium will not be physically disturbed by mining activities. The stratigraphic Within the North Jacobs Ranch LBA units beneath the North Jacobs Tract, the surface drainages are Ranch LBA Tract and the hydrologic generally dry draws and the alluvium, properties are displayed in Figure 3­ colluvium and playa deposits 3. associated with these draws are generally thin and not laterally JRCC completed 13 monitoring wells extensive enough to be considered an within and near the North Jacobs aquifer. In addition, these Ranch LBA Tract in 1999; seven in unconsolidated deposits are typically the Wasatch Formation overburden very fine-grained and have very and six in the Wyodak Coal. The limited permeabilities, precluding any locations of these new monitoring significant storage and movement of wells are shown on Figure 3-7. Data groundwater. from these wells, as well as previously collected data at the Jacobs Ranch Mine, were used to prepare the following description of baseline

3-20 Final EIS, North Jacobs Ranch Coal Lease Application

3.0 Affected Environment Wasatch Formation function of scoria in the general area is to provide infiltration of Within the PRB the Wasatch precipitation and recharge to laterally Formation consists of interbedded contiguous overburden and Wyodak sandstones, siltstones and shale with coal. occasional discontinuous coal stringers and clinker deposits, and Recharge to the Wasatch Formation is this description basically holds true from the infiltration of precipitation for the LBA tract. Saturated strata and lateral movement of water from within the Wasatch are limited in adjacent clinker bodies. Regionally, areal extent and are typically thin, groundwater is discharged from the lenticular sandstones. The hydraulic Wasatch Formation by evaporation connection between sandstone lenses and transpiration, by pumping wells, is tenuous due to intervening shale and by seepage into the alluvium aquitards; thus, groundwater along stream drainages. For the movement through the Wasatch Wasatch Formation as a whole, the Formation overburden is limited. The discontinuous nature of the water sandstone and thin coal stringers, bearing units results in low overall where saturated, will yield water to hydraulic conductivity and low wells, and this water is primarily used groundwater flow rates. Because of for stock watering. Because the the varied nature of the aquifer units saturated sandstone and coal units within the Wasatch, hydraulic within the Wasatch Formation are not properties are variable as well. continuous, the Wasatch is not Martin, et al. (1988) reported that considered to be a regional aquifer. hydraulic conductivities within the Wasatch ranged from 10-4 ft/day to Another geologic unit which may be 102 ft/day and the geometric mean considered a part of the Wasatch hydraulic conductivity based on 203 Formation is scoria, also called tests was 0.2 ft/day. The geometric clinker or burn. It consists of mean hydraulic conductivity from 70 Wasatch sediments which overlaid aquifer tests using wells completed in the coal at one time in the past before sandstone in the Wasatch overburden the coal burned naturally. These was 0.35 ft/day, while that from 63 sediments were baked, fused and aquifer tests completed in siltstone melted in place, then collapsed into and claystone in the Wasatch the void left by the burned coal. overburden was 0.007 ft/day (Rehm Scoria deposits can be a very et al. 1980). The Wasatch Formation permeable aquifer and can extend within the North Jacobs Ranch LBA laterally for miles in the eastern PRB. Tract is similar to this latter figure in Scoria deposits do not occur within that there is relatively little saturated the LBA tract under the Proposed sand present within the low- Action although they are present permeability silts and clays that make immediately east and therefore occur up most of the overburden. within the Alternative 2 and Alternative 3 tracts. The hydrologic

3-22 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment Water quality in the Wasatch overlying sediments was slowly Formation is extremely variable, with removed by erosion. The highest TDS concentrations ranging from permeability is imparted to the coal approximately 1,000 mg/L to 5,500 by tectonic fractures. These are mg/L in the vicinity of the LBA tract. through-going fractures of areal Groundwater from the Wasatch importance created during Formation is predominantly a sodium deformation of the south Powder sulfate type within the Jacobs Ranch River structural basin. The presence Mine area and the North Jacobs of these fractures can be recognized Ranch LBA Tract. by their linear expression at the ground surface, controlling the Wyodak Coal orientation of stream drainages and topographic depressions. Due to Due to its continuity, the Wyodak their pronounced surface expression, coal seam is considered a regional these tectonic fractures are often aquifer within the PRB. Within the referred to as “lineaments”. Coal North Jacobs Ranch LBA Tract, the permeability along lineaments can be Wyodak coal contains partings which increased by orders of magnitude over in places separate the Wyodak into that in the coal fractured by two or three mineable seams (the unloading only. Upper, Middle, and Lower Wyodak). The total coal sequence ranges from New monitoring wells have been 50 feet to 70 feet thick and dips to the installed in the Wyodak coal aquifer west at less than 1 percent. Despite within and adjacent to the North the occurrence of three separate Jacobs Ranch LBA Tract, although seams the Wyodak coal is considered aquifer tests have not yet been to be a single aquifer in the general conducted. Hydraulic properties of analysis area. The partings are the coal can be expected to be similar discontinuous and typically only the to that of the coal within the adjacent lower half of the coal sequence is Jacobs Ranch Mine permit area. Coal saturated. aquifer hydraulic conductivity measured at the Jacobs Ranch Mine Hydraulic conductivity within the ranges from 0.07 to 1.60 ft/day. The Wyodak coal seam is highly variable U.S. Geological Survey reports an and is reflective of the amount of average coal aquifer hydraulic fracturing the coal has undergone, as conductivity of 0.8 ft/day for the unfractured coal is virtually general area (Martin et al. 1988). impermeable. The yield of groundwater to wells and mine pits Only the lower half of the coal is smallest where the permeability of sequence is saturated within the the coal is derived primarily from Jacobs Ranch Mine permit area. The localized unloading fractures. These Wyodak coal in the vicinity of the fractures, which are the most North Jacobs Ranch LBA Tract is common, were created by the therefore under predominantly expansion of the coal as the weight of unconfined (water table) conditions.

Final EIS, North Jacobs Ranch Coal Lease Application 3-23 3.0 Affected Environment The average storage coefficient many mines use them for water reported for the Jacobs Ranch Mine is supply wells. In a few cases there 0.01. have been drawdowns in the subcoal aquifer due to leakage into mine pits, The chemistry of groundwater in the dewatering, and CBM development. coal is variable within the adjacent The Tongue River aquifer consists of Jacobs Ranch Mine permit area and lenticular fine-grained shale and the North Jacobs Ranch LBA Tract. sandstone. The Lebo Member, also In general, it is a calcium sulfate type referred to as “the Lebo Confining with relatively high TDS Layer,” is typically more fine-grained concentrations (2,000 to 3,000 mg/L) than the other two members and in the eastern part of the tract and generally retards the movement of Jacobs Ranch Mine. The coal water (Lewis and Hotchkiss 1981). groundwater chemistry transitions to The Tullock aquifer consists of a sodium bicarbonate type with much discontinuous lenses of sandstone lower TDS concentrations (500 to separated by interbedded shale and 1,000 mg/L) as it moves into the siltstone. Transmissivity is the western part of the tract and Jacobs product of an aquifer’s hydraulic Ranch Mine area. conductivity or permeability times it thickness and is commonly used Prior to mining, the direction of when discussing the hydraulic groundwater flow within the coal properties of the Fort Union aquifer was generally from recharge Formation, where wells are completed areas near the outcrop and burn zone by exposing many discrete sand into the basin, following the dip of the lenses to the well bore. coal. Site-specific water-level data Transmissivities are generally higher collected by JRCC in the vicinity of in the deeper Tullock aquifer than in the LBA tract and presented in the the Tongue River or Lebo, and many GAGMO 15-year report (Hydro mines in the PRB have water-supply Engineering 1996a) indicate that the wells completed in this interval groundwater flow directions have (Martin et al. 1988). The average been influenced by mining activities. transmissivity for this member as Groundwater flow within the coal reported by OSM (1984) is 290 aquifer in the vicinity of the LBA tract ft2/day. is now toward nearby mine pits. Near the North Jacobs Ranch LBA Subcoal Fort Union Formation Tract, JRCC reports that it is difficult to distinguish the Lebo Confining The subcoal Fort Union Formation Layer from sand-poor sequences of can be divided into three hydrologic the overlying Tongue River aquifer units: the Tongue River aquifer, the and the underlying Tullock aquifer Lebo Member, and the Tullock aquifer (JRCC 1999a). Therefore, JRCC (Law 1976). The hydrologic units refers only to the Upper and Lower below the Wyodak coal are not Fort Union Formation. The Upper directly disturbed by mining, but unit consists of the Tongue River-

3-24 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment Lebo aquifer and the Lower unit from such events are generally small, consists of the Tullock aquifer. the duration and therefore percentage Transmissivities of the Upper Fort of annual runoff volume can be Union Formation at the Jacobs Ranch considerable. During the spring, Mine range from about 30 to 50 general storms (both rain and snow) ft2/day. Transmissivities of the Lower increase soil moisture, hence Fort Union Formation at the Jacobs decreasing infiltration capacity, and Ranch Mine range from about 180 to subsequent rainstorms can result in 380 ft2/day. JRCC has completed both large runoff volumes and high five wells in the subcoal Fort Union peak discharges. The surface water Formation to supply water to the quality varies with streamflow rate; Jacobs Ranch Mine. The wells range the higher the flow rate, the lower the in depth from 645 to 1,804 feet. The TDS concentration but the higher the Jacobs Ranch Mine supply wells are suspended solids concentration. depicted on Figure 3-7. Surface water features within and adjacent to the North Jacobs Ranch The water quality of the Fort Union LBA Tract are displayed in Figure 3-8. Formation is generally good. TDS concentrations measured at Jacobs The only streams within the LBA tract Ranch Facility Well JRM #16 average are Mills Draw and Shipley Draw. 340 mg/L. Water from this well is of These two streams are classified as the sodium bicarbonate type. ephemeral, meaning they flow only in direct response to snowmelt or Lance and Fox Hills Formations precipitation runoff events. Mills Draw and Shipley Draw flow in a Underlying the Fort Union Formation southerly direction within the North is the Lance Formation of Cretaceous Jacobs Ranch LBA Tract. Only the age. At the base of the Lance upper reaches of these two ephemeral Formation is the Fox Hills Sandstone. streams lie within the LBA tract. The The Lance and Fox Hills Formations topography within these two drainage are not used by JRCC at the Jacobs basins is characterized by very gentle Ranch Mine. slopes and the stream channels are grassy swales. 3.6.2 Surface Water Mills and Shipley Draws join The area surrounding the North approximately 2 to 3 miles Jacobs Ranch LBA Tract consists of downstream of the North Jacobs gently rolling topography. In general, Ranch LBA Tract and under the streams within this area are premining conditions flowed into the typical for the region, and their flow North Prong Little Thunder Creek. events are closely reflective of North Prong Little Thunder Creek, precipitation patterns. Flow events Mills Draw and Shipley Draw have frequently result from snowmelt been diverted around mining during the late winter and early operations at the Black Thunder spring. Although peak discharges Mine. The premining drainage area of

Final EIS, North Jacobs Ranch Coal Lease Application 3-25

3.0 Affected Environment Mills Draw is approximately 5.5 and Shipley Draw drainage divides, square miles and the mean annual are hydrologically significant in that runoff is roughly 50 acre-feet. The they do not contribute runoff to area premining drainage area of Shipley streams. The water that is stored in Draw is approximately 3.0 square the playas is consumed by miles and the mean annual runoff is evapotranspiration and seepage. roughly 30 acre-feet. The mean annual runoff calculations were Flows and water quality are performed using relationships monitored by the Jacobs Ranch and developed by Hadley and Schumm Black Thunder Mines in the North (1961). Prong Little Thunder Creek and Little Thunder Creek as well as several The lower reaches of Mills Draw and minor tributaries on and near the Shipley Draw lie within the adjacent LBA tract. These monitoring results Thundercloud lease. The are reported to the WDEQ/LQD Thundercloud lease is contiguous to annually. Most local surface waters and south of the North Jacobs Ranch are a sodium or calcium sulfate-type LBA Tract and contiguous to and that exceeds WDEQ domestic use west of the Jacobs Ranch Mine permit standards for arsenic, manganese, area. North Prong Little Thunder and TDS depending on flow rate and Creek flows easterly near the sample location (KMCC 1993; TBCC southern edge of the Thundercloud 1992). Surface water quality is lease, joining Little Thunder Creek usually unsuitable for domestic use, just downstream from the Jacobs marginal for irrigation, and suitable Ranch Mine. Little Thunder Creek for stock and wildlife. also joins Black Thunder Creek, a tributary of the Cheyenne River. 3.6.3 Water Rights Historically, North Prong Little Thunder Creek has exhibited Records of the SEO were searched for infrequent streamflow events, groundwater rights within a 3-mile generally with discharges of less than radius of the North Jacobs Ranch five ft3 per second. Mills and Shipley LBA Tract as applied for under the Draws are the main streams which Proposed Action and Alternative 2. contribute streamflow to North Prong This information is required for Little Thunder Creek in the WDEQ permitting. SEO data indicate Thundercloud lease. there are 368 permitted water wells within three miles of the tract, of A significant portion of the North which 192 are owned by coal mining Jacobs Ranch LBA Tract lies within companies. Of the 176 other wells, closed drainage basins which do not 56 are permitted for stock watering contribute runoff to streams except only, 45 are permitted for both CBM possibly during extremely large and development and stock watering, 34 rare storm events. These playas, are permitted for CBM development which predominate the land area only, 28 are permitted for monitoring within the LBA tract east of the Mills or miscellaneous uses, eight are

Final EIS, North Jacobs Ranch Coal Lease Application 3-27 3.0 Affected Environment permitted for either stock or domestic be disturbed during mining but must use, two are for domestic use only, be restored as part of the reclamation two are for industrial use, and one is process. The determination of permitted for irrigation use. A listing significance to agriculture is made by of the 176 non-coal mine wells is WDEQ/LQD, and it is based on presented in Appendix E. specific calculations related to the production of crops or forage on the SEO records were searched for AVF and the size of the existing surface water rights using the SEO’s agricultural operations on the land of AREV program. The search was which the AVF is a part. conducted for surface-water rights within one-half mile of the tract and Investigations have been conducted three miles downstream from the LBA by JRCC to determine the presence of tract as applied for and Alternative 2, AVF’s within and surrounding the as required for WDEQ permitting. Jacobs Ranch Mine. The investigations concluded, and the SEO records indicate 23 permitted WDEQ concurred, that there are no surface water rights within the search AVF’s within and surrounding the area. Ten of the surface water rights permit area of Jacobs Ranch Mine. are held by coal mining companies. The conclusion included the finding The 13 other surface water rights are that the lower reaches of Mills and for stock watering, irrigation and Shipley Draws within the domestic use. A listing of the 13 non- Thundercloud lease are not AVF’s. coal mine surface water rights is The nearest declared AVF is included in Appendix E. downstream from the Jacobs Ranch Mine near the confluence of North 3.7 Alluvial Valley Floors Prong Little Thunder Creek and Little Thunder Creek (Figure 3-8). Specific WDEQ regulations define AVF’s as declarations of the presence or unconsolidated stream laid deposits absence of AVF’s on the LBA tract will where water availability is sufficient be made by WDEQ if the lease is sold for subirrigation or flood irrigation and a mine permit is acquired. agricultural activities. Prior to leasing and mining, AVF's must be identified There is no present or historical because SMCRA restricts mining record of agricultural use, other than activities which affect AVF’s that are undeveloped rangeland, of the determined to be significant to streamlaid deposits within the North agriculture. Impacts to designated Jacobs Ranch LBA Tract. If WDEQ AVF’s are generally not permitted if determines that an AVF is present the AVF is determined to be (which is unlikely given the fact that significant to agriculture. If the AVF the lower reaches of Mills and Shipley is determined not to be significant to Draws are not AVF’s) on the tract, it agriculture, or if the permit to affect is reasonable to assume that mining the AVF was issued prior to the would be permitted in those areas effective date of SMCRA, the AVF can because the lack of agricultural

3-28 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment development in this area precludes a using aerial photo interpretation, with determination of significance to limited field verification. agriculture. The presence of jurisdictional 3.8 Wetlands wetlands on a mine property does not preclude mining. Jurisdictional Waters of the U.S. is a collective term wetlands must be identified and for all areas subject to regulation by special permitting procedures are the COE under Section 404 of the required to assure that after mining Clean Water Act. Waters of the U.S. there will be no net loss of wetlands. include special aquatic sites, A wetland delineation must be wetlands, and jurisdictional wetlands. completed according to approved Special aquatic sites are large or small procedures (COE 1987) and geographic areas that possess special submitted to the COE for verification ecological characteristics of as to the amounts and types of productivity, habitat, wildlife jurisdictional wetlands present. In protection, or other important and Wyoming, once the delineation has easily disrupted ecological values (40 been verified, it is made a part of the CFR 230.3). Wetlands are a type of mine permit document. The special aquatic site which includes reclamation plan is then revised to “those areas that are inundated or incorporate at least an equal type and saturated by surface or groundwater number of jurisdictional wetlands. at a frequency and duration sufficient Section 404 does not cover functional to support, and that under normal wetlands. They may be restored as circumstances do support, a required by the surface managing prevalence of vegetation typically agency (on public land) or by the adapted for life in saturated soil private landowner. There is no conditions. Wetlands generally public land included in the North include swamps, marshes, bogs, and Jacobs Ranch LBA Tract. similar areas” (33 CFR 328.3(a)(7)(b)). Jurisdictional wetlands are defined by Jurisdictional wetland inventories 33 CFR 328.1 and .2 as “those were completed in 1999 by JRCC on wetlands which are within the extent lands contained within the North of COE regulatory review.” They must Jacobs Ranch LBA Tract as applied contain three components: hydric for and Alternatives 2 and 3. The soils, a dominance of hydrophytic wetlands delineation was completed plants, and wetland hydrology. in accordance with the procedures and criteria contained in the COE Many wetland scientists consider 1987 Wetland Delineation Manual. A areas that contain only one of the total of 10.13 acres of waters of the three criteria listed above as U.S. have been identified, of which functional wetlands. The USFWS 5.22 acres are jurisdictional used this categorization in producing wetlands. Identified jurisdictional the National Wetlands Inventory wetlands include manmade maps. These maps were produced stockponds (2.81 acres) and portions

Final EIS, North Jacobs Ranch Coal Lease Application 3-29 3.0 Affected Environment of ephemeral stream channels (2.41 2 and 3, and a buffer area around the acres). The additional 4.91 acres of tract sufficient to mine and reclaim waters of the U.S., which did not the tract as a part of the existing qualify as jurisdictional wetlands, mine operation. include stockponds (2.39 acres) and ephemeral stream channels (2.52 A total of 11 vegetation types have acres). These sites did not possess been preliminarily identified and wetland characteristics because they mapped within the LBA tract as pond water or contain water for applied for and Alternatives 2 and 3. insufficient periods of time. There is Table 3-6 presents the acreage and an additional 58.23 acres of non- percent of the area encompassed by jurisdictional wetlands also contained each vegetation type. The vegetation in the tract that include stockpond, types include Big Sagebrush playa, ephemeral stream, isolated Shrubland, Crested Wheatgrass, channel, and roadside wetlands. Cultivated, Upland Grassland, Playa Grassland, Disturbed Lands, Playa Currently, the COE and EPA are Wetlands, Mixed Shrub, Bottomland undertaking revisions to the 404 Grassland, Reservoir and Rough permit program in light of recent Breaks. These vegetation types are court decisions. The revisions to the described as follows: Section 404 program are likely to result in revised definitions for waters The Big Sagebrush Shrubland of the U.S. to include wetlands. This vegetation type is the largest mapping may result in a revised designation of unit identified within the LBA tract, jurisdictional wetlands in the North occupying approximately 2,218.3 Jacobs Ranch LBA Tract. acres, or 44.17 percent of the tract’s area. This vegetation type typically 3.9 Vegetation occurs in upland positions throughout the study area. Major A vegetation baseline study was perennial species include big completed by JRCC within and sagebrush (Artemisia tridentata), adjacent to the lands contained western wheatgrass (Agropyron within the North Jacobs Ranch LBA smithii), prairie junegrass (Koeleria Tract as applied for under the macrantha) and blue grama Proposed Action and Alternatives 2 (Bouteloua gracilis). Annual species and 3 in 1999. The baseline study that are common on this vegetation area is located north and northwest of type include Japanese chess (Bromus the Jacobs Ranch Mine permit japonicus) and cheatgrass brome boundary. The vegetation (Bromus tectorum). communities in this area were delineated, mapped and sampled in The Crested Wheatgrass vegetation accordance with the current type is the second largest mapping WDEQ/LQD requirements. The unit comprising approximately vegetation study areas include the 1133.7 acres, or 22.57 percent of the LBA tract as applied for, Alternatives area. This vegetation type occurs

3-30 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment Table 3-6. Vegetation Types Identified and Mapped Within the North Jacobs Ranch LBA Tract Baseline Study Area.

Vegetation Type Acres Percent of Area

Big Sagebrush Shrubland 2218.3 44.17 Crested Wheatgrass 1133.7 22.57 Upland Grassland 709.2 14.12 Cultivated (Crested Wheatgrass 658.0 13.10 Pasturelands) Playa Grassland 90.3 1.80 Disturbed Land 90.3 1.80 Playa Wetland 43.3 0.86 Mixed Shrub 33.6 0.67 Bottomland Grassland 21.8 0.43 Reservoir 16.3 0.32 Rough Breaks 7.9 0.16

Total 5022.7 100.00 throughout the study area. Crested include cheatgrass brome, Japanese wheatgrass (Agropyron cristatum) brome and fluffweed (Filago arvensis). was the most common perennial species recorded on this vegetation The Cultivated vegetation type type. Needleandthread (Stipa occurs throughout the study area and comata), red threeawn (Aristida makes up approximately 658.0 acres, longiseta) and blue grama were also or 13.10 percent of the study area. common perennial grasses recorded Common species for this vegetation on this vegetation type. Common type include crested wheatgrass and annual species recorded on this alfalfa (Medicago sativa). vegetation type include cheatgrassbrome and sixweeksgrass The Playa Grassland vegetation type (Vulpia octoflora). was mapped on approximately 90.3 acres or about 1.80 percent of the The Upland Grassland vegetation study area. The dominant species on type makes up approximately 709.2 these playas is western wheatgrass. acres or about 14.12 percent of the Spikerush (Eleocharis spp.), foxtail study area and is found throughout barley (Hordeum jubatum) and the LBA tract. This vegetation type is dandelion (Taraxacum officinale) was dominated primarily by perennial also present. grasses, which include needleandthread, western The Disturbed Lands type made up wheatgrass, blue grama and prairie approximately 90.3 acres (1.80 junegrass. Common annual species percent of the study area). This type

Final EIS, North Jacobs Ranch Coal Lease Application 3-31 3.0 Affected Environment is made up of past disturbance from Threatened, Endangered, and oil and gas production in the area. Candidate Plant Species

The Playa Wetlands vegetation type Refer to Appendix G. on the LBA tract area makes up approximately 43.3 acres, or about 3.10 Wildlife 0.86 percent of the study area. Dominant species are spikerush and 3.10.1 Wildlife Resources foxtail barley. Background information on wildlife in The Mixed Shrub vegetation type the vicinity of the North Jacobs makes up approximately 33.6 acres, Ranch LBA Tract was drawn from or about 0.67 percent of the study several sources including: area. This map unit was dominated Thundercloud coal lease application by western wheatgrass, big (BLM 1998), WGFD and USFWS sagebrush, Sandberg bluegrass (Poa records and personnel contacts with secunda) and black greasewood WGFD and USFWS biologists. (Sarcobatus vermiculatus). Site-specific data for the entire The Bottomland Grassland proposed LBA lease area were vegetation type makes up obtained from sources including approximately 21.8 acres, or about WDEQ/LQD permit applications and 0.43 percent of the LBA tract study annual reports for nearby mines. area. The most common species Baseline and monitoring surveys recorded on this vegetation type cover large perimeters around each include: western wheatgrass, mine’s permit area. Consequently, a Kentucky bluegrass (Poa pratensis), majority of the LBA tract has been green needlegrass (Stipa viridula) and surveyed during annual wildlife inland saltgrass (Distichlis stricta). monitoring for the Jacobs Ranch Mine. The eastern half of the North The Reservoir map unit occupies Jacobs Ranch LBA Tract has been approximately 16.3 acres, or about monitored by the Jacobs Ranch Mine 0.32 percent of the study area. annually for the past 12 years. The western half of the tract has been The Rough Breaks vegetation type on monitored by the Jacobs Ranch Mine the LBA tract makes up annually for the last five years. The approximately 7.9 acres or about 0.16 entire area of the North Jacobs Ranch percent of the total study area. LBA Tract under the Proposed Action Dominant plant species found on this and the alternative configurations has vegetation type include big undergone a baseline wildlife survey, sagebrush, bluebunch wheatgrass which was conducted in January (Agropyron spicatum) and western through August of 1999. wheatgrass. The LBA tract and adjacent area consists primarily of uplands. The

3-32 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment topography is level to rolling, with remaining 1,912.2 acres within some areas sloping to steeply sloping. winter-yearlong range. None of the Big sagebrush shrubland habitat area within two miles has been dominates the tract. This habitat is classified as crucial or critical characterized by level ground to pronghorn habitat. Data obtained for rolling hills that are well vegetated. the Hilight Herd Unit indicate the Crested wheatgrass and upland WGFD estimated population averaged grassland habitats also occur within approximately 17 animals per mi2 of the LBA tract. Bottomland grassland occupied habitat from 1980 through habitat types are found on the LBA 1995. The yearly big game tract along drainage channels. All monitoring surveys completed for the streams on the LBA tract are adjacent Jacobs Ranch Mine also ephemeral. Several ponds exist on covered a majority of the LBA tract. the LBA tract, most of them being The Jacobs Ranch Mine surveys stock ponds and a few playa lakes. averaged 11 pronghorn per mi2 for the The majority of the trees on the tract same period of 1980 through 1995. were planted around ranch buildings. This indicates that pronghorn numbers are lower in this portion of Other isolated trees exist on the tract the herd unit. along drainages. The North Jacobs Ranch LBA Tract is 3.10.2 Big Game located within the western portion of the WGFD Thunder Basin Mule Deer Three big game species occur in the Herd Unit. The WGFD maps show vicinity of the LBA tract: pronghorn the proposed lease area includes (Antilocapra americana), mule deer approximately 3,374.7 acres of (Odocoileus hemionus) and elk yearlong mule deer range and 1,446.5 (Cervus elaphus). WGFD big game acres of land which are generally out herd unit maps show this area is out of normal use areas. Crucial or of the normal white-tailed deer critical mule deer ranges do not occur (Odocoileus virginianus) range. The on or within several miles of the WGFD has classified the entire tract proposed permit area. WGFD data as yearlong pronghorn range. The from 1980 through 1995 for the majority of the tract is classified as entire herd unit show an average of 4 yearlong deer range. No crucial big animals per mi2 of occupied habitat game habitat or migration corridors while data collected by Jacobs Ranch are recognized by the WGFD in this Mine averaged less than one mule area. deer per mi2 for the same period. The low densities exhibited by the mines’ Pronghorn are by far the most monitoring data reflect the fact that a common big game species in the area. good portion of the LBA tract is The LBA tract is within the Hilight classified by WGFD as not being Herd Unit with approximately 2,909 within normal mule deer use areas. acres of the proposed lease area within yearlong range and the

Final EIS, North Jacobs Ranch Coal Lease Application 3-33 3.0 Affected Environment The North Jacobs Ranch LBA Tract is towns are known to exist not generally considered by WGFD to approximately four miles south of the be an elk use area, but several elk LBA tract. Prairie dog towns within have been recorded on the eastern the vicinity of the LBA tract are portion of the LBA tract over the past shown on Figure 3-9. These species several years. Elk have been are cyclically common and observed spending time wintering on widespread throughout the region. adjacent grasslands southeast of the They are important prey for raptors LBA tract in recent years. None of and other predators. the lease area or areas within two miles have been classified as crucial 3.10.4 Raptors or critical elk habitat. The nearest crucial elk habitat is just over 2 miles Numerous raptor species have been to the southeast on Jacobs Ranch observed on or adjacent to the North Mine reclaimed areas. The WGFD Jacobs Ranch LBA Tract. These (Oedekoven 1994) has designated an species include the golden eagle approximately five square mile area (Aquila chrysaetos), bald eagle on reclaimed or adjacent lands as (Haliaeetus leucocephalus), northern crucial winter habitat for the Rochelle harrier (Circus cyaneus), Swainson’s Hills elk herd. hawk (Buteo swainsoni), red-tailed hawk (Buteo jamaicensis), 3.10.3 Other Mammals ferruginous hawk (Buteo regalis), rough-legged hawk (Buteo lagopus), A variety of small and medium-sized prairie falcon (Falco peregrinus), mammal species occur in the vicinity American kestrel (Falco sparverius), of the LBA tract. These include turkey vulture (Carthartes aura), predators and furbearers, such as great horned owl (Bubo virginianus), coyote (Canis latrans), red fox (Vulpes short-eared owl (Asio flammeus) and vulpes), striped skunk (Mephitis burrowing owl (Athene cunicularia). mephitis) and raccoon (Procyon lotor). Although numerous raptor species Prey species include rodents (such as have been observed in the area, very mice, voles, chipmunks and prairie few nested on or near the site due to dogs) and lagomorphs (jackrabbits the lack of suitable nesting habitat and cottontails). Surveys for prairie (cliffs and tall trees). Figure 3-9 dog towns were conducted on the LBA shows the locations of raptor nest tract and adjacent lands. No prairie sites that have been identified since dog towns were observed on the LBA monitoring began for Jacobs Ranch tract. The closest prairie dog town to Mine in an area which includes the the LBA tract is located in the NE1/4 North Jacobs Ranch LBA Tract. The SE1/4 of Section 23 and the NW1/4 figure shows a total of 44 nest sites. SW1/4 of Section 24 T.43N., R.71N. As of 1999, 26 of those nest sites A second prairie dog town located were still intact but only represented near the LBA tract is found in the 17 pairs of birds because many had NW1/4 SW1/4 of Section 26 T.44N., alternate nest sites. Of the 18 nest R.71W. Several other prairie dog sites that were no longer present, 16

3-34 Final EIS, North Jacobs Ranch Coal Lease Application

3.0 Affected Environment were destroyed by natural events and dove only inhabits the area for 2 were removed by mining activities. breeding and reproduction from late Five of the intact nest sites were spring to early fall. created to mitigate other sites impacted by mining by the The sage grouse is a yearlong resident surrounding mining companies. and was found on lands adjacent to These sites consist of either platforms the LBA tract. Sage grouse lek or nests placed on rock piles or on surveys in April and May of 1999 the ground for ferruginous hawks. A found an active sage grouse strutting total of five raptor species have been ground within two miles of the LBA identified nesting within two miles of tract. Figure 3-9 shows the location the LBA tract. These species include of this active lek with a two-mile the burrowing owl, great horned owl, radius which research identified as ferruginous hawk, Swainson’s hawk the area in which most hens will nest. and American kestrel. In 1999, only The lek is located in the SW1/4 of five nest sites were active and Section 22, T.44N., R.70W. This included one ferruginous hawk nest, particular lek was active from 1993 two Swainson’s hawk nests and two through 1999 with the maximum burrowing owl nests. number of males recorded at 27 in 1999. Only two raptor species have been recorded nesting on the LBA tract. Sage grouse brood surveys were conducted on the LBA tract along The ferruginous hawk had the most ephemeral stream drainages in July nest sites, but all of those nests of 1999. These surveys covered belonged to the same pair of birds. approximately two miles. Adult sage grouse or broods were not observed The LBA tract and lands within one during the 1999 survey. However, mile do not contain trees large three broods of eight, eight, and enough to support an eagle nest. three, respectively, were observed Cliffs also do not occur within the east of the LBA tract area. Two area, so falcon nesting habitat is not biologists spent a total of 12 man- present. days in July 1999 conducting various surveys on the LBA tract. Sage 3.10.5 Game Birds grouse were rarely observed on the study area during surveys completed Several upland bird species have been during 1999 but were observed on observed on the North Jacobs Ranch lands adjacent to the North Jacobs LBA Tract or adjacent areas, Ranch LBA Tract. including sage grouse (Centrocercus urophasianus) and migratory 3.10.6 Migratory Birds of High mourning doves (Zenaida macroura). Federal Interest Based on field observations, the mourning dove was the most common Table 3-7 provides a list of the MBHFI of the two species. The mourning species that may occur on the North

3-36 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment Table 3-7. MBHFI Status in Northeast Wyoming and Expected Occurrence on or near the North Jacobs Ranch LBA Tract. Seasonal Status/Breeding Records in NE Documented on or Expected in the LBA Species Wyoming1 near the LBA Tract Tract

Common Loon Summer/nonbreeder No Uncommon

American Bittern Summer/nonbreeder No Uncommon

White-faced Ibis Summer/nonbreeder No Uncommon

Northern Harrier Summer/breeder Yes Common

Ferruginous Hawk Summer/breeder Yes Common

Bald Eagle Winter/nonbreeder Yes Common in winter

Golden Eagle Resident/breeder Yes Common

Mountain Plover Resident/breeder No Uncommon

Upland Sandpiper Summer/breeder Yes Uncommon

Long-billed Curlew Resident/breeder Yes Uncommon

Black Tern Resident/breeder Yes Uncommon

Barn Owl Never recorded No Very rare

Burrowing Owl Summer/breeder Yes Uncommon

Short-eared Owl Summer/breeder Yes Occasional

Veery Summer/breeder No Uncommon

Loggerhead Shrike Summer/breeder Yes Common

Dickcissel Summer/breeder No Rare

Cassin’s Sparrow Summer/breeder No Rare

Baird’s Sparrow Summer/breeder No Uncommon

Brewer’s Sparrow Summer/breeder Yes Common

Lark Bunting Summer/breeder Yes Common

Grasshopper Sparrow Summer/breeder Yes Common

McCown’s Longspur Summer/breeder Yes Common

Chestnut-collared Summer/breeder Yes uncommon Longspur

1 Complied from Oakleaf et al. (1997). Includes Campbell County and adjacent counties.

Final EIS, North Jacobs Ranch Coal Lease Application 3-37 3.0 Affected Environment Jacobs Ranch LBA Tract or tract, adjacent to the tract, and on disturbance areas. Thirteen MBHFI reclaimed lands as well. species have been documented in the area. Nesting habitat for the burrowing owl has been documented in badger dens Nesting habitat for the northern and prairie dog holes adjacent to the harrier exists within the LBA tract tract. Nesting sites have been and adjacent areas. There is also constructed on mine reclamation as documented northern harrier nesting well. The short-eared owl has not on reclaimed mine areas, and in some been documented nesting on the LBA instances reclaimed lands can provide tract, although there is nesting better nesting habitat than native habitat on and adjacent to the tract, lands. The ferruginous hawk nests in including reclaimed mine lands. the area, generally using ground nests. Nesting habitat for the The loggerhead shrike does not have ferruginous hawk is present on abundant nesting sites available on adjacent areas and nest sites have the LBA tract, but has been also been constructed on lands documented to nest on and adjacent already reclaimed by JRCC. to the tract. Reclaimed mine lands that include tree and shrub plantings The golden eagle does not have provide nesting habitat. The brewer’s nesting habitat on or within one mile sparrow nests on the lease area, and of the LBA tract but frequents the site nesting habitat is present on adjacent in search of prey. Nesting habitat for lands. Reclaimed mine lands that the golden eagle is found in adjacent include shrub planting provide areas. Trees on reclaimed areas are nesting habitat for this species. The not yet large enough to provide lark bunting, McCown’s longspur, nesting habitat. The bald eagle is a and the chestnut-collared longspur common winter resident but does not all nest within the LBA tract, and nest in the area due to lack of nesting habitat is present on adjacent suitable nesting habitat. lands and reclaimed mine lands as well. There is documented nesting of the upland sandpiper on the LBA tract, 3.10.7 Other Species and there is nesting habitat available on adjacent areas and mine Wildlife surveys completed specifically reclamation as well. The long-billed for the North Jacobs Ranch LBA curlew has only been documented as Tract, and surveys completed for the a migrant, although there is nesting adjacent mines, have documented habitat available on the LBA tract, numerous other wildlife species that adjacent to the tract, and on inhabit the area. All of these species reclaimed lands as well. The black were generally common inhabitants of tern has only been documented as a the area and none were of specific migrant, although there is marginal concern to state or federal agencies. nesting habitat available on the LBA The other species observed include

3-38 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment eight carnivores, 19 rodents, five 3.11 Ownership and Use of Land lagomorphs, 61 waterbirds, 13 raptors, 59 other bird species and 11 The surface on the North Jacobs herptiles. Ranch LBA Tract as applied for and under the Alternative 2 configuration Under current natural conditions the is owned by Jacobs Land and LBA tract provides limited waterfowl Livestock Company and Ark Land and shorebird habitat. This habitat is Company (Figure 3-10). The principal primarily provided during spring land use within the tract is domestic migration as ponds, playas and grazing and wildlife habitat (JRCC ephemeral streams. These 1998). Secondary land use is oil and waterbodies generally dry up during gas production. the summer. The Hansen Lakes, which are found within the northern Areas of disturbance within the North part of the LBA tract, can sustain Jacobs Ranch LBA Tract include oil waterfowl and shorebird populations and gas wells and associated in a very wet year but during most production equipment. In addition to years these lakes dry up during the the production equipment at each summer and are always dry by fall. well site, there are numerous bladed With the addition of produced water oil field roads and buried oil and gas from CBM wells in the area, an pipelines in and near the tract. The increase in habitat for waterfowl and original Jacobs Ranch ranching shorebirds may occur if sufficient headquarters and support facilities water is produced to fill ponds and are located in the north-central part drainages. of the tract. Portions of three county roads, the Small Road, the Jacobs Fish species are not normally found Road, and the Little Thunder Road, on the LBA tract as all bodies of water pass through the tract. and perennial flows are established from CBM discharges. For fish The oil and gas rights within the species to migrate up Mills Draw and North Jacobs Ranch LBA Tract as Shipley Draw from the North Prong applied for are both federally and and survive, the CBM wells must privately owned (Figure 3-11). The produce sufficient and perennial flows majority (about 61 percent) are of water. There would not be the federal. Federally owned oil and gas possibility of any sensitive fish rights included in the tract are species migrating onto the LBA tract leased, and a list of the lessees of since they are not known to exist record is included as Table 3-8. downstream within a reasonable distance. Twenty-nine wells have been drilled and completed in conventional oil and 3.10.8 Threatened, Endangered and gas reservoirs as producing wells on Candidate Animal Species lands included in the LBA tract as applied for under the Proposed Refer to Appendix G. Action.

Final EIS, North Jacobs Ranch Coal Lease Application 3-39

3.0 Affected Environment Table 3-8. North Jacobs Ranch LBA Tract Oil and Gas Ownership.

For the following locations, both the oil and gas rights (including coal bed methane) and coal rights are owned by the federal government. Location Lease Number Lessees of Record T. 44 N., R. 70 W. Section 26 WYW 32195 APD Energy Co. Langham Petroleum Exp. Lots 8, 9, 10 Citation 1994 Investment Oilfield Salvage Co. Davis Oil Co PIP Energy IV-80 Citation 1998 Investment Tom Brown Inc. George C. Kennedy Dean Unruh Key Production Co. Section 26 WYW 32805 Citation 1994 Investment Lots 11, 12 Citation 1998 Investment Key Production Co. Sempra Energy Production Co. Tom Brown, Inc. Section 27 WYW 122652 Lasmo Oil & Gas Inc. Lots 1, 2, 7, 8 Expired Louisiana Land & Exploration 12/31/1995 Section 27 WYW 114418 John Behrmann Lots 3, 5, 6 Terminated 2/1/1993 Section 28 WYW 5305 Citation 1994 Investment Lots 1-8 Key Production Co. M&K Oil Co. Inc. Section 28 WYW 0319327 Key Production Co. Lots 11-14 Richard K. Lisco Section 29 M&K Oil Co. Inc. Lots 1-8 Section 30 Lots 5, 12-20 Section 32 Lots 1-8 Section 33 Lots 4, 5 Section 30 WYW 6496 Richard K. Lisco Lots 6, 7, 9, 10, 11 Wellstar Corporation Section 31 WYW 32022 Inexco Oil Co. Lots 5, 6, 10, 11, 12, 14, Merit Energy Partners 15, 18, 19 Merit Energy Partners III Section 31 WYW 32024 M&K Oil Co. Inc. Lots 7, 8 Chisholm Trail Ventures Questar Exploration & Production Co. Section 31 WYW 0310140 M&K Oil Co. Inc. Lots 16, 17 Chisholm Trail Ventures Questar Exploration & Production Co. Section 32 WYW 4734 Citation 1994 Investments Lots 9, 10, 15, 16 Key Production Co Inc. Section 33 M&K Oil Co. Inc. Lots 12, 13 Note: For the rest of the LBA tract, the oil and gas rights (including coal bed methane) are privately owned. All of the coal rights are federally owned.

3-42 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment This would be the same for the well sites would be added under Alternative 2 configuration. Of these, Alternatives 2 and 3, and 20 potential 21 wells still produce and 8 have well sites would be outside the tract been permanently abandoned or are under Alternative 3. Under shut in (Figure 3-11). Fourteen of Alternative 1, the No Action these 21 producing wells are on Alternative, the coal would not be federal oil and gas leases (Figure 3­ leased at this time and CBM 11). production would continue on and adjacent to the tract. Seventeen wells have been drilled and completed in conventional oil and gas As discussed in Section 3.3, Rim reservoirs as producing wells on Operating, Inc. is the owner of most lands under the Alternative 3 of the CBM drilling rights on the configuration. Of these, 12 wells still North Jacobs Ranch LBA Tract. As of produce and 5 have been January 2001, they had drilled 33 permanently abandoned or are shut CBM wells on the North Jacobs in. Eight of these 12 producing wells Ranch LBA Tract as it is configured are on federal oil and gas leases under the Proposed Action and (Figure 3-11). Alternative 2. Thirteen of these wells began producing in December 2000, All of the conventional oil and gas and thirteen wells began producing in wells were originally drilled between January 2001. Sixteen of these wells 1970 and 1971. They produce from would be outside of the tract under the Lower Cretaceous Muddy Alternative 3. Rim plans more Sandstone (WOGCC 2000). drilling.

The Supreme Court has ruled that Facilities associated with oil and gas CBM rights belong to the owner of the wells include production casing oil and gas rights (98-830). (which extends from the surface to Therefore, the oil and gas lessees the zone of production), production have the right to develop the CBM in equipment (which may be located on the coal as well as the right to develop the surface and/or underground), conventional oil and gas on the tract. underground pipelines which gather the oil and gas produced by the CBM is currently being produced on individual wells and carry it to a the North Jacobs Ranch LBA Tract. larger transportation pipeline or The WOGCC recently approved a well collection facility, and compressor spacing pattern of one well per 80 stations associated with the pipelines. acres for development of CBM Numerous oil and gas pipelines cross resources in the PRB. Under the the LBA tract (Section 3.17 and Proposed Action, there would Figures 3-12 and 3-13). As new CBM potentially be 58 CBM well locations wells are drilled and completed on the on the North Jacobs Ranch LBA Tract tract, additional facilities will be if all the 80-acre spacing units within constructed to produce and transport the tract were drilled. Two potential

Final EIS, North Jacobs Ranch Coal Lease Application 3-43

3.0 Affected Environment the CBM and the associated produced use goals and policies for state and water. federal coal leases in the county.

Coal mining is a dominant land use Big game hunting is the principal in the area surrounding the LBA recreational use in the analysis area. tract. The existing Jacobs Ranch Land ownership within the PRB is Mine is within a group of five largely private (approximately 80 operating surface coal mines located percent), with some private in southern Campbell and northern landowners permitting sportsmen to Converse counties (Figure 3-1). Coal cross and/or hunt on their land. production at these five mines Others charge an access fee, and increased by 154 percent between some do not allow any access. There 1990 and 1999 (from about 70 has been a trend over the past two million tons in 1990 to nearly 178 decades towards a substantial million tons in 1999). Since 1992, reduction in lands open and eight maintenance coal leases have reasonably available for hunting. been sold within this group and Access fees continue to rise and many applications have been submitted for resident hunters feel these access six more maintenance tracts in this fees are unreasonable. This trend same group, including the LBA being has created problems for the WGFD evaluated in this EIS (Tables 1-1 and in their attempt to distribute and 1-2). The North Jacobs Ranch LBA control harvest at optimal levels, as was previously applied for in 1996 by well as to sportsmen who desire Evergreen Enterprises as part of the access to these animals (WGFD New Keeline LBA. The New Keeline 1996). Due to safety concerns, public LBA was rejected by the BLM in 1997. lands contained within an active Evergreen Enterprises appealed the mining area are often closed to the rejection of the New Keeline LBA to public, further limiting recreational the Interior Board of Land Appeals in use. In the PRB, the publicly owned 1997 and submitted a new TBNG, BLM lands, and state school application, which covered the same sections (normally Sections 16 and area, in January 2000 (State Section 36) are generally open to hunting if LBA). Evergreen Enterprises legal access is available. As shown in withdrew their appeal of the New Figure 3-10, there are no public Keeline rejection and their application surface lands included in the North for the State Section LBA in Jacobs Ranch LBA Tract. September 2000. The surface of all of the lands within Campbell County has no applicable the LBA tract under the Proposed county-wide land use plans, and the Action and the alternative LBA tract has no designated zoning configurations is currently privately classification. The City of owned and recreational use is allowed Gillette/Campbell County only with landowner permission. Comprehensive Planning Program (City Sport hunting in varying degrees is of Gillette 1978) provides general land conducted on the LBA tract.

3-46 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment Pronghorn, mule deer, and elk occur In 1995, the WGFD issued 2,000 on and adjacent to the LBA tract. licenses for the Hilight Herd, Hunt Sage grouse, mourning dove, Area 24. In the years 1991 – 1995, waterfowl, rabbit, and coyote may hunters on average harvested about also be harvested in the vicinity, and 1,150 animals, with better than 85 some trapping of red fox may occur. percent success, and spent about 1.9 days per animal harvested. Specific details regarding big game Approximately 2,500 recreation days herd management objectives in the were spent on antelope hunting in project area are contained in the 1995, compared to the WGFD Casper and Sheridan Region Annual objective of 3,500. The primary cause Big Game Herd Unit Reports (WGFD of the population being over objective, 1998). and the recreation days being under objective, is the lack of public access The WGFD classifies the entire LBA in the hunt area. According to the tract as yearlong habitat for antelope WGFD, the primary problems (habitat used by a portion of the associated with the management of animals yearlong and into which a this herd include achieving an significant influx of animals occurs adequate harvest and hunter during the winter), with none of the distribution. Hunt Area 24 contains tract or areas within two miles mostly privately owned surface lands adjacent classified as crucial or with poor access to the limited critical pronghorn habitat. publicly owned surface lands. Those Pronghorn are widely scattered lands having access generally have throughout the Hilight Herd Unit. lower antelope numbers. The North Jacobs Ranch LBA Tract is within pronghorn antelope Hunt Area In an effort to increase antelope 24, which contains the Hilight Herd numbers, the WGFD placed a limited Unit. The population was fairly stable quota on the number of licenses and near the objective of 11,000 issued for Hunt Area 24 for the 1997­ antelope prior to 1997. The herd 99 seasons. Antelope harvest in 1998 then suffered significant losses during for Hunt Area 24 was only 171 the severe winter of 1996-97 and animals, representing one of the blue-tongue losses in September lowest in over a decade as the below- 1998. Lower than average fawn objective population forced significant survival for the past three years has reductions in the license quotas for also kept the population from this herd unit to only 200 licenses. increasing at a more normal rate. Hunter success was fairly high, but These factors have resulted in a drop days per animal harvested was also in the population below the objective quite high indicating that hunters level. The 1998 postseason had to work harder to bag an population model estimate for this antelope. The harvest for the next herd is about 8,000 antelope (30 few seasons is expected to remain percent below the objective). about the same with continued conservative seasons for this herd.

Final EIS, North Jacobs Ranch Coal Lease Application 3-47 3.0 Affected Environment The North Jacobs Ranch LBA Tract is when the population model was located within the western portion of created. WGFD field personnel, the WGFD Thunder Basin Mule Deer hunters and landowners indicate that Herd Unit. The WGFD maps show mule deer numbers in the Thunder the proposed lease area includes Basin Herd Unit have declined from approximately 3,375 acres of yearlong several years ago, yet indications are mule deer range. Crucial or critical this population is greater than the mule deer ranges do not occur on or objective of 13,000 head. The WGFD within several miles of the LBA tract. has therefore recommended that the The LBA tract is in mule deer Hunt objective be increased to 20,000 Area 21, part of the Thunder Basin head. Landowners and the public Herd Unit, which also includes Hunt have commented that they would like Areas 7, 8, 9, 10, and 11. The to see more deer in the area. The Thunder Basin Herd Unit population model indicates the encompasses 3,642 square miles; of population is currently growing this 71 percent is privately owned. slowly. Access fees are common, resulting in heavy hunting pressure on accessible The Rochelle Hills Elk Herd is located public land. Much of the public in southeastern Campbell County, owned surface lands are scattered southwestern Weston County, and and inaccessible without crossing north central Converse County. This private land. In 1998, 1,421 mule herd has been steadily growing since deer were harvested from the its origination in the early 1950’s, and Thunder Basin Herd Unit and the WGFD management efforts have been hunter success rate was 54 percent. directed at stabilizing herd growth The success rate declined from 79 around a population objective of 400 percent in 1997 and was well below head. The 1998 postseason the five-year average of 63 percent. population was estimated to be 400. The days spent per animal harvested Elk Hunt Area 123 extends into the were 6.4 in 1998, above the five-year North Jacobs Ranch LBA Tract; average of 4.9 days. however, very limited use of these lands by elk occurs. Elk favor the Since 1983 the postseason population ponderosa pine/juniper woodlands, objective for this herd has been savanna, and steeper terrain habitat 13,000. The population has in the Rochelle Hills east of the LBA consistently been above this objective. tract. The WGFD designated roughly The 1998 postseason population was a five square mile area on Jacobs estimated at 17,298, which is 33 Ranch Mine reclaimed land as crucial percent above the objective. To winter habitat for the Rochelle Hills address this concern, the population Elk Herd. Much of the occupied objective was reviewed in 1998 and it range of this herd is located on the was discovered that the model being Thunder Basin National Grassland, used when the objective was set had which is administered by the USFS. some flaws. It appears that the deer Hunting seasons within this herd population was likely closer to 25,000 have been permitted every 2 or 3

3-48 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment years, for a total of only six times in who exploited a wide variety of its history. Bull quality is very good resources. for this herd, and many taken have scored in the record books. Owing to The general chronology for aboriginal their habituation to humans, many occupation (dated as years before people enjoy observing these elk along present [B.P.]) is: Highway 450 and within accessible - the Paleoindian period (11,000­ Forest Service land; thus, they 7,500 years B.P.), provide nonconsumptive recreational - the Archaic period (7,500-1,800 use opportunities. These elk are not years B.P.), causing significant damage to private - the Prehistoric period (1,800­ lands and most area landowners as 400 years B.P.), well as hunters generally desire a - the Protohistoric period (400­ high quality herd. Elk have been 200 years B.P.), and observed dispersing from the - the Historic period (200-120 designated herd boundary, possibly years B.P.). due to increasing population density and habitat limitations. The Paleoindian period includes a series of cultural complexes identified The WGFD big game herd unit maps by distinctive large projectile points show the LBA tract is out of the (spear points) often associated with normal white-tailed deer range, the remains of large, now-extinct although they are occasionally seen mammals (mammoth, bison, camel, in the vicinity. etc.). The Archaic period is characterized by a range of smaller Public fishing opportunities are side-notched, stemmed, or corner- extremely limited in the PRB. Only notched projectile points and by more one fishery exists in the general generalized subsistence pursuits analysis area: Little Thunder Creek including the gathering of plant supports channel catfish and a resources. This lifeway continued to variety of nongame fish. No fisheries the late Prehistoric period, which is exist on the LBA tract. marked by a technological change from dart projectiles to the bow and 3.12 Cultural Resources arrow and by the appearance of ceramics. During the Archaic and Cultural resources, which are late Prehistoric periods, the PRB was protected under the National Historic occupied by small bands of hunters Preservation Act of 1966, are the and gatherers whose movements were nonrenewable remains of past human determined to a large degree by activity. The PRB appears to have seasonal and environmental changes been inhabited by aboriginal hunting which influenced the occurrence of and gathering people for more than subsistence resources (BLM 1979). 11,000 years. Throughout the prehistoric past, the area was used by Protohistoric and early Historic sites highly mobile hunters and gatherers are found in the PRB, including rare

Final EIS, North Jacobs Ranch Coal Lease Application 3-49 3.0 Affected Environment historic trade goods, sites and routes Treatment plans are implemented associated with early trappers and prior to mining and can include such military expeditions, and early mitigative measures as avoidance (if ranching attempts which date to the possible), large scale excavation, 1880's. A few small coal mining sites complete recording, Historic American also exist. Building Survey/Historic American Engineering Record documentation, Historic sites within the analysis area archival research, and other have been recorded as debris scatters acceptable scientific practices. representing sheepherder camps and related activities. No historic trails The North Jacobs Ranch LBA Tract are known or have been recorded on and buffer zone was subjected to a the LBA tracts; however, the Bozeman Class III cultural resource inventory Trail crosses the southwestern and assessment in 1999. The JRCC portion of the PRB. contracted with GCM Services, Inc. of Butte, Montana to conduct the A Class III cultural resources survey survey. The project area covered is a professionally conducted, approximately 7,315 acres of land intensive inventory of a target area, proposed for coal lease and a buffer designed to locate all cultural zone that would include all properties which have surface and disturbance assuming the area is exposed profile indications. Cultural mined as a maintenance tract for the properties are recorded and sufficient existing adjacent mine. The goal of information collected on them to the inventory was to locate and allow evaluation for possible inclusion evaluate for the NRHP all cultural in the NRHP. That determination is resources 50 years and older within made by the managing federal agency the study area. in consultation with SHPO. Consultation with SHPO must be Previous cultural resource inventories completed prior to approval of the have been conducted in the project MLA mining plan. area in association with oil field development. The surrounding area Once a Class III survey is completed, has also been inventoried in site-specific testing or limited association with coal mine permitting. excavation is utilized, if necessary, to There are six previously recorded gather additional data which will: 1) sites in the project area. Two were determine the final evaluation status not relocated during this new of a site and/or 2) form the basis of inventory; both were recommended as additional work that will be not eligible for the NRHP. The four conducted during implementation of other previously recorded sites were a treatment plan if the site is eligible relocated, and updated site records for the NRHP. A treatment plan is were prepared in the new inventory. then developed for those sites that are The new inventory resulted in the eligible for the NRHP and are within location of 30 new sites. Therefore, the area of potential effect. the total number of cultural sites

3-50 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment encountered during the project and eligibility has been reached, all sites reported is 34. Of this total, there should be protected from are: 9 homesteads; 2 homesteads disturbance. Full consultation with with modern ranch complexes; 1 SHPO will be completed prior to multi-component site having both a approval of the MLA mining plan. homestead and a prehistoric lithic Those sites determined to be scatter; 1 multi-component site unevaluated or eligible for the NRHP having both a prehistoric lithic through consultation would receive scatter and a historic debris scatter; further protection or treatment. 1 historic graffiti site; 1 historic cairn site; 15 lithic scatters; 3 lithic 3.13 Native American Consultation scatters and campsites; and 1 lithic scatter and cairn. Twenty-six isolated Native American heritage sites can be finds were also recorded during the classified as prehistoric or historic. inventory. These include 22 Some may be presently in use as prehistoric isolated artifacts and four offering sites, fasting or vision quest historic isolated artifacts. sites and selected rock art sites. Other sites of cultural interest and Based on the new inventory, one importance may include rock art prehistoric lithic scatter and sites, stone circles, and various rock campsite, 48CA341, is recommended features, fortifications or battle sites, as NRHP eligible under Criterion D. burials, as well as locations which are The cultural resource inventory report sacred or part of the oral history and recommended that prior to any heritage that have no man-made ground disturbing activities, a formal features. No Native American and extensive testing program should heritage sites have been identified to be undertaken at site 48CA341, and date. a mitigation contingency plan should be prepared and approved along with There are presently no documented the testing plan. If the testing Native American sacred sites in the program reveals that no significant general analysis area. However, the remains exist, the eligible status of position of the area between the site would be changed to not mountains considered sacred by eligible. All remaining sites have been various Native American cultures (the recommended not eligible. Big Horn Mountains to the west, the Black Hills to the east, and Devils Table 3-9 summarizes the Tower to the north) creates the distribution of cultural sites by type. possibility of existing locations which may have special religious or heritage Data recovery plans are required for significance to Native American those sites recommended eligible to groups. the NRHP following testing and consultation with the SHPO. Until Native American tribes were consultation with SHPO has occurred consulted at a general level in 1995­ and agreement regarding NRHP 1996 as part of an effort to update

Final EIS, North Jacobs Ranch Coal Lease Application 3-51 3.0 Affected Environment Table 3-9. Sites and Isolated Finds in the Class III Cultural Resource Inventory of the North Jacobs Ranch LBA Tract and Buffer Zone.

Prehistoric sites:

Lithic scatter: 48CA339; 3544; 3547; 3548; 3549; 3551; 3552; 3553; 3554; 3555; 3556; 3557; 3562; 3567; 3570

Lithic scatter and campsite: 48CA341; 3543; 3545

Lithic scatter and cairn: 48CA3569

Isolated finds: 22 lithic items

Historic sites:

Homestead: 48CA3542; 3546; 3550; 3558; 3560; 1666; 2988; 3568; 3571

Homestead with modern ranch: 48CA3559; 3566

Historic graffiti: 48CA3565

Historic cairn: 48CA3561

Isolated finds: Abandoned Hay Wagon, Abandoned Chisel Plow, Buggy or Automobile Part, Modified Tin Can

Multicomponent sites: 48CA3563; 3564 the BLM Buffalo RMP. Tribes that this tract and their help is being have been potentially identified as requested in identifying potentially having concerns about actions in the significant religious or cultural sites Powder River Basin include: the on the LBA tract to support a leasing Crow, Northern Cheyenne, Shoshone, decision on the tract. Arapaho, Oglala Lakota, Rosebud Sioux, Flandreau Santee Sioux, 3.14 Paleontological Resources Santee Sioux, Crow Creek Sioux, Lower Brule Sioux, Standing Rock The formations exposed on the Sioux, and Cheyenne River Sioux. surface of the PRB are the These tribal governments and sedimentary Eocene Wasatch and representatives were sent copies of Paleocene Fort Union formations, the draft EIS. They are also being which are both known to contain provided with maps showing the fossil remains. Some paleontological location of the North Jacobs Ranch surveys have been conducted in the LBA Tract and more specific PRB. Vertebrate fossils that have information about the known sites on been described from the Wasatch

3-52 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment Formation in the PRB include fish, include rolling sagebrush and turtle, champosaur, crocodile, short-grass prairie, which are alligator, and mammal specimens. common throughout the PRB. The Fort Union also contains fossils Existing surface mines form a nearly of plants, reptiles, fish, amphibians, continuous band on the east side of and mammals. No significant Highway 59 from Gillette south about paleontological localities have been 50 mi. Other man-made intrusions recorded on federal lands near the include ranching activities (fences, North Jacobs Ranch LBA Tract. homesteads, livestock), oil and gas development (pumpjacks, pipeline A paleontological survey has been ROW’s, CBM well shelters, CBM conducted within and adjacent to the compressor stations), transportation North Jacobs Ranch LBA Tract to facilities (roads and railroads) and determine the potential for recovery of electric power transmission lines. significant fossils prior to The natural scenic quality in the disturbance. These lands include immediate lease area is fairly low approximately 7,300 acres in T.44N., because of the industrial nature of R.71W., Sections 23-26, 35 and 36; the adjacent existing mining T.44N., R.70W., Sections 19-32 and operations. 36. The Jacobs Ranch Mine and Black No vertebrate or invertebrate fossils Thunder Mine facilities and some were discovered within the entire mining activities are currently visible study area. The lack of good rock from the Keeline Road, the Hilight outcrops contributes to the lack of Road and State Highway 450. This animal fossils, as does the low would also be true for the LBA tract. preservation potential and conditions of deposition of the Fort Union and For management purposes, BLM Wasatch Formations. In contrast to evaluated the visual resources on the lack of fossil animal material, lands under its jurisdiction in the fossil plant material occurs Buffalo and Platte River RMPs. The frequently, although no localities inventoried lands were classified into produced exceptional examples. Most VRM classes. These classifications leaf impressions were found in fine range from I to V as follows: sandstone and siltstone laminations, and woody debris generally occurs Class I - Natural ecologic changes within channel sandstone. and very limited management activity is allowed. Any contrast 3.15 Visual Resources (activity) within this class must not attract attention. Visual sensitivity levels are determined by people's concern for Class II - Changes in any of the what they see and the frequency of basic elements (form, line, color, travel through an area. Landscapes texture) caused by an activity within the general analysis area

Final EIS, North Jacobs Ranch Coal Lease Application 3-53 3.0 Affected Environment should not be evident in the from actual mining operations and landscape. activities (BLM 1992b). The nearest occupied dwellings to the LBA tract Class III - Contrasts to the basic are located approximately 1 mile from elements caused by an activity are the northwestern corner of the tract, evident but should remain in Section 23, T.44N., R.71W. subordinate to the existing Another occupied dwelling is actually landscape. located within the LBA tract, in Section 29, T.44N., R.70W., but is Class IV - Activity attracts attention owned by JRCC and would be vacated and is a dominant feature of the prior to mining. Figure 3-14 presents landscape in terms of scale. noise levels associated with some commonly heard sounds. Class V - This classification is applied to areas where the natural 3.17 Transportation Facilities character of the landscape has been disturbed up to a point where Transportation resources in the rehabilitation is needed to bring it vicinity of the North Jacobs Ranch up to the level of one of the other LBA Tract include State Highways 59 four classifications. and 450; the Gillette-Douglas rail spur used jointly by the Burlington The lands in the North Jacobs Ranch Northern-Santa Fe and Union Pacific LBA Tract are generally classified as Railroads; compressor stations; VRM Class IV. The existing mining numerous pipelines; and local roads activity is visible from most sites on and accesses. Access to the LBA the LBA tract. tract is on Highway 450 via the paved Hilight Road or State Highway 59. 3.16 Noise Two-track roads also occur within the LBA tract. Existing noise sources in the area include adjacent coal mining Current transportation facilities activities, traffic on State Highway within and adjacent to the LBA tract 450 and nearby county roads, rail are depicted on Figures 3-12 and 3­ traffic, and wind. Studies of 13. Since the North Jacobs Ranch background noise levels at adjacent LBA Tract as applied for would be an mines indicate that ambient sound extension of the existing Jacobs levels generally are low, owing to the Ranch Mine operations, the existing isolated nature of the area. Current coal transportation facilities and noise levels in the North Jacobs infrastructure would be used during Ranch LBA Tract are estimated to be mining of the North Jacobs Ranch 40-60 dBA, with the noise level LBA Tract. increasing with proximity to active mining at the Jacobs Ranch Mine. Mining activities are characterized by noise levels of 85-95 dBA at 50 ft

3-54 Final EIS, North Jacobs Ranch Coal Lease Application

3.0 Affected Environment 3.18 Socioeconomics population of Gillette was 17,635, indicating a growth rate of 11.4% in The social and economic study area the past 10 years. Wright grew by for the proposed project involves 111 persons or 9% during this time primarily Campbell County and the frame. cities of Gillette and Wright; however, it also includes the city of Douglas in Converse County's population in Converse County. The communities 2000 was 12,052, with 5,288 of the of Gillette and Douglas would most county's residents residing in likely attract the majority of any new Douglas. Douglas grew from 5,076 residents due to their current persons in 1990 to 5,288 in 2000, an population levels and the availability increase of 212 people or 4.2% of services and shopping amenities. (Wyoming Department of Administration and Information A comprehensive socioeconomic Division April 2001). profile of the BLM Field Office Area (formerly the Buffalo Resource Area, CBM-spurred population growth is which includes all of Campbell occurring in both Gillette and County) was prepared for the BLM Douglas. The current CBM boom is under contract with the Department contributing to low housing vacancy of Agricultural Economics, College of and a tight labor market. To date, Agriculture, through the University of however, enrollments in Gillette-area WyomingGs Cooperative Extension schools have not increased as a result Service (University of Wyoming 1994). of CBM development due to a mobile, The portion of the following relatively young work force (Boyd discussion that deals with Campbell Brown, Campbell County High County is derived from this report. School, personal communication Converse County socioeconomic data October 16, 2000). and additional Campbell County data were obtained from the Wyoming 3.18.2 Local Economy Department of Commerce, Wyoming Division of Economic Analysis, Coal production, as reported by the Wyoming Department of Employment, Wyoming State Inspector of Mines, Wyoming Economic Development showed the State’s coal producers set Office, and personal communications a new yearly production record of with local community development 336.5 million tons in 1999. This was staff. an increase of 6.5 percent over the 315.0 million tons produced in 1998. 3.18.1 Population Campbell County coal production (13 active mines) increased by 7.4 According to 2000 census data, percent (274.1 million tons to 294.3 Campbell County had a population of million tons) from 1998 to 1999, 33,698, with Gillette accounting for while production in Converse County 19,646 of the county's residents and (2 mines, including Antelope) Wright with 1,347. The 1990 increased by 9.7 percent (23.4 million

3-56 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment tons to 25.6 million tons). The are collected by the county and combined 1999 production from the disbursed to schools, cities, towns, surface coal mines in these two the state foundation, and various counties was 95.1 percent of the total other subdivisions within the county. production in the State (Wyoming Mineral royalties are collected on the State Inspector of Mines 1999). amount of production and the value of that production. The current In 1997, 24 percent of the total royalty rate for federal coal leases is employment and 28 percent of the 12.5 percent, with half of this revenue total personal income in Campbell returned to the state. Additional County were directly attributable to sources of revenue include lease mining which also includes oil and bonus bids (also split with the state) gas employment. In Converse County and annual rentals that are paid to for that year, 11 percent of the the federal government. The total employment and 16 percent of the fiscal benefit to the State of Wyoming total personal income were directly from coal mining in the PRB was attributed to mining (Wyoming estimated at $1.10/ton of coal mined Department of Employment 1999). in a 1994 study conducted for BLM by the University of Wyoming Approximate tax revenues from coal (University of Wyoming 1994). production in Campbell and Converse counties are presented in Table 3-10. Nationally, the minerals industry is Sales and use taxes are distributed to 1.3 percent of the GNP. In Wyoming, cities and towns within each county the minerals industry (including oil and to the countyGs general fund. and gas) is 31 percent of the GSP, Severance taxes are collected by the which makes it the largest sector of state for the removal or extraction of the Wyoming economy. Coal mining resources such as oil, natural gas, alone accounts for 9 percent of the coal, and trona. The State of Wyoming GSP (Wyoming Department Wyoming retains approximately 83 of Administration and Information percent of the severance tax, and the Division March 1999). remainder is returned to the cities, towns, and counties. Ad valorem taxes, which include property taxes,

Table 3-10. Estimated 2000 Fiscal Revenues from 1999 Coal Production in Campbell County and Converse County.

County Sales and Use Severance Tax Ad Valorem Tax Royalty Total Collections1, 3 Collections1 Collections1 Collections2 Collections Campbell $22.2 million $64.4 million $57.2 million $168.1 million $311.9 million

Converse $ 1.9 million $ 5.6 million $ 4.9 million $ 14.6 million $ 27.0 million

1 Estimated tax receipts are based on most recent published records of Wyoming Department of Revenue. 2 Royalties are based on 12 ½ percent of sales price on 1999 production, with sales price being the average for northeastern Wyoming (Wyoming Geo-Notes No. 67 September 2000). 3 From all mining, which includes oil and gas.

Final EIS, North Jacobs Ranch Coal Lease Application 3-57 3.0 Affected Environment 3.18.3 Employment for both skilled and unskilled labor; however the mining industry has no Coal mining has changed a great deal difficulty filling positions, even in a since the 1970's, and new tight labor market. The mining technologies have been a major industry is the employer of choice in contributor to these changes. The Campbell County due to attractive local coal mining labor force grew wage and benefit packages and during the 1970's, but declined predictable schedules (Betsy Hockert, during the 1980's. Since 1973, Wyoming Employment Center, overall production has risen while Gillette, personal communication employee numbers have decreased. October 17, 2000). This employment decline followed large industry capital investments in As of January 2001, the total facilities and production equipment, Converse County labor force was the majority of which was aimed at 6,706, with an unemployment rate of increasing productivity. Direct 5.0 percent, compared to 6.5 percent employment in the two counties’ coal in January 2000 (Wyoming mining industry has remained Department of Employment, Research relatively constant over the last few and Planning 2001). At the beginning years at approximately 3,100 of 1999 around 356 people, or 5 full-time employees. percent of the labor force, were directly employed by area coal mines As of January 2001, the total labor (WCIC 1998). Total employment in force in Campbell County stood at Converse County declined from 7,643 20,240 with an unemployment rate of in 1981 to a low of 5,988 in 1990, 3.3 percent, compared to 4.6 percent and has been increasing since that in January 2000 (Wyoming time. Mining employment in Department of Employment, Research Converse County declined from 2,129 and Planning 2001). At the beginning in 1981 to a low in 1991 of 723, and of 1999 around 2,808 people were has been slowly increasing since that directly employed in coal mining, time. representing about 15 percent of the employed labor force (Wyoming 3.18.4 Housing Department of Employment 1999). In 1996, Gillette contained 7,775 Total employment in Campbell housing units, and Wright contained County peaked in 1985 at 21,668, the 497 housing units, according to the same year that mining employment Campbell County Economic (which in this case includes oil and Development Corporation (1997 gas workers) peaked at 6,312. Total Community Profile). According to the employment declined to a low of 1990 census, Campbell County 18,103 in 1988, and has generally contained 11,538 housing units, increased since that time. The 7,078 of which were in Gillette. In current CBM development has early 2000, the average cost of a new resulted in a tight local labor market 3-bedroom home in Gillette was

3-58 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment $130,000; the average cost of an February 1, 1999 with approximately existing 3-bedroom home was 300 students and 22 teachers. $89,000. In Wright, the average 2000 Beginning with the 1999-2000 school prices of new and existing 3-bedroom year the numbers have increased to homes were $88,000 and $72,000, approximately 600 students and 33 respectively. Residential building teachers. permits in Campbell County rose from 15 in 1987 to 82 in 1992 to 100 The 2000 population of Douglas in 1998 (the last year that data are (5,288) is lower than its peak of 7,800 available). Due to population growth in 1982, and local government associated with CBM development, facilities and services are generally the housing vacancy rate in Gillette is adequate for the current population. less than 1 percent (Judy Bayles, The town also has limited building Bayles Realty, personal space (platted lots) available for communication, March 7, 2000). future growth. Some indoor recreational facilities may also be In Converse County, residential near or at capacity. building permits varied between zero and two per year from 1987 to 1992, Wright was established in 1976 by rose to 27 in 1997 and fell to 12 in the Atlantic Richfield Company and is 1998. In March of 2000, Douglas the nearest community to the contained approximately 2,400 southern group of PRB mines. housing units. Douglas is also Wright's population peaked in 1985 experiencing a shortage of housing at approximately 1,800 and decreased due to methane development with a to 1,285 by 1994. The 2000 vacancy rate approaching zero population of Wright was 1,347. As (Deirdre Hollaway, Horizon Realty, of October 2000 the town of Wright personal communication, March 7, was not experiencing population 2000). growth due to CBM development (Tammie Buresh, Wright Water and 3.18.5 Local Government Facilities Sewer District, personal and Services communication October 17, 2000). Wright's infrastructure is more than Gillette has generally maintained a adequate for the current and planned steady population growth since 1987, population, and with the current when it totaled 17,054. Owing to the building going on it can double in substantial revenues generated by population before services become mineral production, local government limiting. facilities and services have kept pace with growth and are adequate for the 3.18.6 Social Conditions current population. The opening of the new South Campus of Campbell Despite past boom and bust cycles in County High School has helped to the area's economy, a relatively stable alleviate overcrowding at the “North social setting now exists in these Campus.” South Campus opened on communities. Most residents have

Final EIS, North Jacobs Ranch Coal Lease Application 3-59 3.0 Affected Environment lived in the area for a number of 3.18.7 Environmental Justice years, social ties are well established, and residents take great pride in their Environmental Justice issues are communities. Many of the people concerned with actions that place a high priority on maintaining unequally impact a given segment of informal lifestyles and small town society either as a result of physical traditions, and there are some location, perception, design, noise, concerns that the area could be etc. On February 11, 1994, Executive adversely affected by more than a Order 12898, “Federal Action to modest growth in population. At the Address Environmental Justice in same time, there is substantial Minority Populations and Low-Income interest in enhancing the economic Populations” was published in the opportunities available in the area Federal Register (59 FR 7629). The and a desire to accommodate Executive Order requires federal reasonable levels of growth and agencies to identify and address development. disproportionately high and adverse human health or environmental Wyoming’s economy reached the effects of their programs, policies, and bottom of an energy bust in 1987 and activities on minority populations and started to recover (Wyoming low-income populations (defined as Department of Administration and those living below the poverty level). Information, March 1999). That The Executive Order makes it clear recovery began to slow in 1996. The that its provisions apply fully to forecast is for slow growth through Native American populations and 2008; Wyoming’s population is Native American tribes, specifically to projected to increase at 0.5 percent effects on tribal lands, treaty rights, per year. Non-agricultural trust responsibilities, and the health employment is projected to increase and environment of Native American by 22 percent by 2008, increasing 1.4 communities. percent in 2000 and then slowing to 1.1 percent per year by 2006. Mining Communities within Campbell and employment is projected to decline by Converse counties, entities with 8.2 percent by 2008. In 1998 there interests in the area, and individuals were 17,000 jobs in the mining with ties to the area all may have sector. This dropped to 15,600 in concerns about the presence of a coal 1999, with 1,000 jobs lost in oil and mine within the general analysis area. gas extraction, 300 in non-metallic Communities potentially impacted by minerals and 100 in coal mining the presence or absence of a coal (Wyoming Department of mine have been identified in this Administration and Information, section of the EIS. Environmental February 2000). Justice concerns are usually directly associated with impacts on the natural and physical environment, but these impacts are likely to be interrelated with social and economic

3-60 Final EIS, North Jacobs Ranch Coal Lease Application 3.0 Affected Environment impacts as well. Native American access to cultural and religious sites may fall under the umbrella of Environmental Justice concerns if the sites are on tribal lands or access to a specific location has been granted by treaty right.

Compliance with Executive Order 12898 concerning Environmental Justice was accomplished through opportunities for the public to receive information on this EIS in conjunction with the consultation and coordination described in Section 1.5 of this document. This EIS and contributing socioeconomic analysis provide a consideration of impacts with regard to disproportionately adverse impacts on minority and/or low-income groups, including Native Americans.

3.19 Hazardous and Solid Waste

Potential sources of hazardous or solid waste on the North Jacobs Ranch LBA Tract would include spilling, leaking, or dumping of hazardous substances, petroleum products, and/or solid waste associated with mineral, coal, oil and/or gas exploration and development or agricultural or livestock activities. No such hazardous or solid wastes are known to be present on the LBA tract. Wastes produced by current mining activities at the Jacobs Ranch Mine are handled according to the procedures described in Chapter 2.

Final EIS, North Jacobs Ranch Coal Lease Application 3-61 4.0 Environmental Consequences

4.0 ENVIRONMENTAL adjacent strip of land that would be CONSEQUENCES used for highwall reduction after mining and such mine-related This chapter discloses the potential activities as construction of environmental consequences that diversions, flood- and sediment- may result from implementing the control structures, roads, and Proposed Action, Alternative 1 (the stockpiles. Portions of the LBA tract No-Action Alternative), Alternative 2, that are contiguous to the existing and Alternative 3. The effect or leases will be disturbed under the impact a consequence will have on current mining plans in order to the quality of the human environment recover the coal in the existing leases. is also discussed. For instance, the The environmental consequences of consequence of an action may be to implementing either the Proposed greatly increase the number of roads Action, Alternative 2, or Alternative 3 in an area. If the number of roads in would be similar in nature, but in an area is increased, opportunities for general Alternative 3 would have less road-based recreation would be impact because it would disturb a increased but opportunities for smaller area than the Proposed primitive recreational activities and Action or Alternative 2. solitude would be decreased. Evaluation of the impact would Surface mining and reclamation have depend on an individual’s (or a been ongoing in the PRB for over two group’s) preferred use of that area. decades. During this time, effective mining and reclamation technologies If the North Jacobs Ranch LBA1 Tract have been developed and continue to is leased to the applicant as a be refined. Mining and reclamation maintenance tract under one of the operations are regulated under action alternatives, the permit area SMCRA and Wyoming statutes. for the adjacent mine would have to WDEQ technically reviews all mine be amended to include the new lease permit application packages to ensure area before it could be disturbed. that the mining and reclamation Table 4-1 shows the area to be mined plans comply with all state permitting and disturbance area for the existing requirements and that the proposed Jacobs Ranch Mine (which represents coal mining operations comply with the No-Action Alternative), and how the performance standards of the the mine area would change under DOI-approved Wyoming program. the Proposed Action, Alternative 2, BLM attaches special stipulations to and Alternative 3. If the tract is all coal leases (Appendix D), and there leased, the area that would have to be are a number of federal and state added to the existing permit area permit approvals that are required in would be the LBA tract plus an order to conduct surface mining operations (Appendix A). The regulations are designed to ensure 1 Refer to page viii for a list of that surface coal mining impacts are abbreviations and acronyms used in this document.

Final EIS, North Jacobs Ranch Coal Lease Application 4-1 4.0 Environmental Consequences

Table 4-1. Comparison of Existing and Proposed Jacobs Ranch Mine Disturbance Area and Mining Operations. No Action Alternative (Existing Permit Proposed Alternative Alternative Area) Action 2 3

Additional Lease Area — 4,821.2 4,982.2 3,363.6 (Acres)

Total Lease Area (Acres) 6,955 11,776.2 11,937.2 10,318.6

Increase in Lease Area --- 69.3% 71.6% 48.4%

Estimated Total 8,122 13,486 13,587 11,811 Disturbance Area (Acres)1

Increase in Estimated --- 66% 67% 45% Disturbance Area

Estimated Recoverable 172 651.7 655.3 465.4 Coal Remaining as of 1/012 (Million Tons)

Increase in Estimated --- 279% 281% 171% Recoverable Coal as of 1/01

Notes: 1 Total Disturbance Area = area to be mined + area disturbed for mine facilities, access roads, haul roads, railroad facilities, stockpiles, etc. 2 Estimated Recoverable Coal Resources = tons of in-place coal x recovery factor. For the North Jacobs Ranch LBA Tract, in-place coal = 533 millions tons (Proposed Action), 537 million tons (Alternative 2) or 326 million tons (Alternative 3) and JRCC’s estimated recovery factor = 90 percent, based on historic operations. mitigated. The impact assessment Action and alternatives) and any that follows considers all measures additional mitigation and monitoring required by federal and state that may be required. Section 4.4 regulatory authorities as part of the summarizes the residual effects of the Proposed Action and Alternatives. Proposed Action, Alternative 2, and Section 4.1 analyzes the direct and Alternative 3. Section 4.5 discusses indirect impacts associated with the cumulative impacts that would leasing and mining the LBA tract occur if these lands were mined when under the Proposed Action, added to other past, present, and Alternative 2, and Alternative 3. reasonably foreseeable future actions. Section 4.2 presents the probable The cumulative impact analysis environmental consequences of the includes a discussion of other No-Action Alternative (Alternative 1, projects that are in progress, or are not issuing a lease for the tract). proposed in the area of the LBA tract Section 4.3 discusses regulatory and that would occur independently compliance, mitigation, and of leasing the LBA tracts. Projects monitoring in terms of what is that have proceeded beyond required by federal and/or state law preliminary planning phases include: (and is therefore part of the Proposed 1) construction and operation of the

4-2 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences

Two Elk power plant, which has been analyses. Impact significance may proposed east of the Black Thunder range from negligible to substantial; Mine; 2) construction of Wygen #1 impacts can be significant during power plant which has been proposed mining but be reduced to at the Wyodak Mine site; 3) the insignificance following completion of construction of the proposed DM&E reclamation. Railroad line; and 4) the ongoing development of CBM resources west 4.1.1 Topography and Physiography of the area of active coal mining. Projects that are in preliminary Surface coal mining would planning stages include the Two Elk permanently alter the topography of Unit Two Power Plant, also adjacent the LBA tract. Topsoil would be to the Black Thunder Mine; and the removed from the land and stockpiled Middle Bear Power Plant, to be or placed directly on recontoured located east of the Cordero-Rojo Mine areas. Overburden would be blasted Complex. Section 4.6 analyzes the and stockpiled or directly placed into relationship between local short-term the already mined pit, and coal would uses of manGs environment and the be removed. The existing topography maintenance and enhancement of on the LBA tract would be long-term productivity. Section 4.7 substantially changed during mining. presents the irreversible and A highwall with a vertical height equal irretrievable commitments of to overburden plus coal thickness resources that would occur with would exist in the active pits. If implementation of the Proposed necessary, Mills and Shipley Draws Action, Alternative 2, or Alternative 3. would be diverted into temporary channels or blocked to prevent 4.1 Direct and Indirect Impacts flooding of the pits. of Action Alternatives Typically, a direct permanent impact Impacts can range from beneficial to of coal mining and reclamation is adverse, and they can be a primary topographic moderation. After result of an action (direct) or a reclamation, the restored land secondary result (indirect). They can surfaces are generally gentler, with be permanent, long-term (persisting more uniform slopes and restored beyond the end of mine life and basic drainage networks. The original reclamation), or short-term (persisting topography of the North Jacobs during mining and reclamation and Ranch LBA Tract is relatively flat. As through the time the reclamation a result, the expected post-mining bond is released). Impacts also vary topography would be similar to the in terms of significance. The basis for pre-mining topography. Following conclusions regarding significance are reclamation, the average surface the criteria set forth by the Council elevation would be approximately 36 on Environmental Quality (40 CFR ft lower due to removal of the coal. 1508.27) and the professional (The removal of the coal would be judgement of the specialists doing the partially offset by the swelling that

Final EIS, North Jacobs Ranch Coal Lease Application 4-3 4.0 Environmental Consequences occurs when the overburden and topography would adequately support interburden are blasted and anticipated land use. removed.) The land surface would be restored to the approximate original These impacts are occurring on the contour or to a configuration existing Jacobs Ranch Mine coal approved by WDEQ/LQD during the leases as coal is mined and mined- permit revision process. out areas are reclaimed. Under the Proposed Action, Alternative 2, or Direct adverse impacts resulting from Alternative 3, the area that would be topographic moderation include a permanently topographically changed reduction in microhabitats (e.g., would increase as shown in Table 4­ cutbank slopes) for some wildlife 1. species and a reduction in habitat diversity, particularly a reduction in 4.1.2 Geology and Minerals slope-dependent shrub communities and associated habitat. A potential Within the North Jacobs Ranch LBA indirect impact may be a long-term Tract, mining would remove an reduction in big game carrying average of 214.2 ft of overburden, 2.8 capacity. A direct beneficial impact of ft of interburden, and 64 ft of coal on the lower and flatter terrain would be about 4,798 acres under the reduced water runoff, which would Proposed Action. The coal reserves allow increased infiltration and result beneath an area of approximately 24 in a minor reduction in peak flows. acres within the Proposed Action This may help counteract the lease area (4,821.2 acres) have been potential for increased erosion that burned. Mining would remove an could occur as a result of higher average of 211.6 ft of overburden, 2.8 near-surface bulk density of the ft of interburden, and 63.5 ft of coal reclaimed soils (Section 4.1.3). It may on about 4,873 acres under the also increase vegetative productivity, Alternative 2 tract configuration. The and potentially accelerate recharge of coal reserves beneath an area of groundwater. As discussed above, approximately 109.4 acres within the there would be little topographic Alternative 2 lease area (4,982.2 moderation on the North Jacobs acres) have been burned. Under Ranch LBA Tract after reclamation Alternative 3, mining would remove because the original topography on an average of 203.3 ft of overburden, the tract is relatively flat. 3.1 ft of interburden, and 57.5 ft of coal on about 3,254 acres. The coal The approximate original drainage reserves beneath an area of pattern would be restored, and stock approximately 109.4 acres within the ponds and playas would be replaced Alternative 3 lease area (3,363.6 to provide livestock and wildlife acres) have been burned. These watering sources. These topographic acreage figures represent the changes would not conflict with estimated area of actual coal removal regional land use, and the postmining under the Proposed Action and Alternatives 2 and 3. Table 4-2

4-4 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences

Table 4-2. Comparison of Existing and Proposed Jacobs Ranch Mine Coal, Overburden, and Interburden Thicknesses.

No Action Proposed Alternative Action as (Existing Applied for Alternative 2 Alternative 3 Permit Area) LBA Tract Tract Tract

Average Overburden 133.2 214.2 211.6 203.3 Thickness (feet)

Average Total Mineable Coal 57.1 64.0 63.5 57.5 Thickness (feet)

A v era g e I n te rb urd e n 6.9 2.8 2.8 3.1 Thickness (feet) compares the estimated coal, lands would be radically changed by overburden, and interburden mining. The replaced overburden and thicknesses for the existing Jacobs interburden (spoil) would be a Ranch Mine permit area with mixture of the geologically distinct estimated coal, overburden and layers of sandstone, siltstone, and interburden thickness for the North shales that currently exist. The Jacobs Ranch LBA Tract as applied resulting physical characteristics for, and Alternatives 2 and 3. would also be significantly altered.

The replaced overburden and Drilling and sampling programs are interburden would be a relatively conducted by all mine operators to homogeneous (compared to the identify overburden material that may premining layered overburden and be unsuitable for reclamation (i.e., interburden) and partly recompacted material that is not suitable for use in mixture averaging about 240 ft in reestablishing vegetation or that may thickness under the Proposed Action affect groundwater quality due to and Alternatives 2 and 3. high concentrations of certain Approximately 479.7 million constituents such as selenium or additional tons of coal would be adverse pH levels). As part of the recovered under the Proposed Action, mine permitting process, each mine compared to 483.3 million tons under operator develops a management plan Alternative 2, or 293.4 million tons to ensure that this unsuitable under Alternative 3. material is not placed in areas where it may affect groundwater quality or The geology from the base of the coal revegetation success. Each mine to the land surface would be subject operator also develops backfill to permanent change on the LBA monitoring plans as part of the mine tract under the Proposed Action or permitting process to evaluate the the action alternatives. The quality of the replaced overburden. subsurface characteristics of these These plans are in place for the

Final EIS, North Jacobs Ranch Coal Lease Application 4-5 4.0 Environmental Consequences existing Jacobs Ranch Mine and present on the LBA tract. Rim would be developed for the North Operating, Inc., is the owner of most Jacobs Ranch LBA Tract if it is of the CBM drilling rights on the leased. tract. They report drilling 33 CBM wells on the North Jacobs Ranch LBA During mining, other minerals Tract as of January 2001. Thirteen of present on the tract could not be these wells began producing in developed however, some of these December 2000, and thirteen wells minerals could be developed after began producing in January 2001. mining. Conventional oil and gas Rim plans more drilling. wells would have to be plugged during mining, but could be recompleted In comments submitted to BLM, Rim after mining if the remaining reserves has estimated that the recoverable economically justify the expense of CBM resource in the North Jacobs the recompletion. As discussed in Ranch LBA Tract is 15.4 billion cubic Sections 3.3 and 3.11, the North feet (see Appendix I, Comment Letter Jacobs Ranch LBA Tract overlies part 4). In comments submitted to the of the Hilight Oil and Gas Field, BLM, JRCC has estimated that the which was discovered in 1969. Prior recoverable CBM resource in the tract to mining, the active conventional is 5.1 billion cubic feet (see Appendix wells in the tract (21 under the I, Comment Letter 14). BLM’s oil and Proposed Action and Alternative 2, gas Reservoir Management Group has and 12 under Alternative 3) would evaluated methane adsorptive have to be abandoned. All production capacity for coal core samples taken equipment would have to be removed near the North Jacobs Ranch LBA to a level below the coal. The Tract, measured bottom hole reservoir which these wells produce pressures from wells drilled in the from will not be disturbed by removal central and eastern part of the LBA of the coal. The oil and gas lessee tract, and reviewed production could recomplete or redrill wells to histories from 133 CBM wells that recover remaining oil and gas started producing before 1999 (see resources from any subcoal oil and Appendix I, Response to Comment gas reservoirs following mining. This Letter 4). These 133 wells are would only occur if they believe that completed in the same coal as the the value of the remaining reserves wells on the North Jacobs Ranch LBA would justify the expense of Tract and they have similar depths as reestablishing production. wells on the tract (250 to 400 feet). BLM’s estimate of the recoverable CBM resources that are not recovered CBM resources in the North Jacobs prior to mining would be irretrievably Ranch LBA Tract is similar to or less lost when the coal is removed. As than the 5.1 billion cubic feet discussed in Sections 3.3 and 3.11, estimated by JRCC. CBM wells are being drilled on the North Jacobs Ranch LBA Tract. As CBM will be produced by the existing many as 58 CBM well locations are 33 wells and other wells, if more are

4-6 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences drilled, during the time it takes to uniform, and average topsoil quality lease and permit the LBA tract and, would be improved because soil on a case by case basis, until mining material that is not suitable to activity approaches each well. support plant growth would not be Average well life was calculated to be salvaged for use in reclamation. This 4.6 years for the 133 wells BLM would result in more uniform reviewed. These wells typically vegetative productivity on the recovered 2/3 of their reserves in the reclaimed land. The replaced topsoil first half of their lives. Therefore, would support a stable and BLM estimates that most of the CBM productive vegetation community reserves could be recovered prior to adequate in quality and quantity to initiation of mining activity on the support the planned postmining land North Jacobs Ranch LBA Tract under uses (wildlife habitat and rangeland). the Proposed Action or Alternatives 2 Specific impacts to soil resources or 3. CBM reserves that are not would include an increase in the recovered prior to mining would be near-surface bulk density of the lost. This arrangement, which is reclaimed soil resources. As a result, dependent on cooperation between the average soil infiltration rates the oil and gas lessees and the coal would generally decrease, which lessees, allows for optimizing recovery would increase the potential for of both resources. runoff and soil erosion. Topographic moderation following reclamation 4.1.3 Soils would potentially decrease runoff, which would tend to offset this Under the currently approved mining potential increase in runoff due to and reclamation plan, approximately decreased soil infiltration capacity. 8,122 acres of soil resources will be The change in soil infiltration rates disturbed in order to mine the coal in would not be permanent because the existing leases at the Jacobs revegetation and natural weathering Ranch Mine (Table 4-1). Disturbance action would form new soil structure related to coal mining would directly in the reclaimed soils, and infiltration affect an additional 5,364 acres of soil rates would gradually return to resources on and adjacent to the LBA premining levels. tract under the Proposed Action, 5,465 acres under Alternative 2, or Direct biological impacts to soil 3,689 acres under Alternative 3. The resources would include a short-term reclaimed soils would have different reduction in soil organic matter, physical, biological, and chemical microbial populations, seeds, bulbs, properties than the premining soils. rhizomes, and live plant parts for soil They would be more uniform in type, resources that are stockpiled before thickness, and texture. Average placement. topsoil thickness would be 24 to 36 inches across the entire reclaimed Sediment control structures would be surface. Soil chemistry and soil built to trap eroded soil, revegetation nutrient distribution would be more would reduce wind erosion, and soil

Final EIS, North Jacobs Ranch Coal Lease Application 4-7 4.0 Environmental Consequences or overburden materials containing Ranch Mine’s permitted coal potentially harmful chemical production be increased from 35 constituents (such as selenium) mmtpy to 50 mmtpy. The application would be specially handled. These provided demonstrations that, if measures are required by state Jacobs Ranch Mine increases coal regulations and are therefore production to the permitted rates, the considered part of the Proposed operation would remain in Action and action alternatives. compliance with applicable state and federal air quality regulations. Figure 4.1.4 Air Quality 4-1 illustrates the maximum modeled

annual average PM10 and NOX WDEQ/AQD issued an air quality concentrations in 2003, which is the permit (MD-425) for the Jacobs predicted worst-case scenario year Ranch Mine on September 13, 1999. based on maximum particulate JRCC’s current air quality permit emissions from the Jacobs Ranch allows up to 38 mmtpy to be mined Mine. At this time, the mine is not through year 2001, and 50 mmtpy to proposing to mine the North Jacobs be mined in 2002 through 2004. The Ranch LBA Tract at the levels actual production rate depends on analyzed in the current permit. market conditions and contracts. In 1999, JRCC’s production was 29.1 Figure 4-1 indicates that at a coal million tons, and in 2000 the mine removal rate of 50 mmtpy, the highest produced approximately 28.3 million predicted annual mean PM10 tons. As shown on Table 2-1 of concentration is 34.73 µg/m3 Chapter 2, anticipated annual (including 15 µg/m3 background production on the Jacobs concentration) at the model receptor

Ranch Mine, including the North location shown. The predicted PM10 Jacobs Ranch LBA Tract, is 21 concentrations at all other model million tons. JRCC plans to keep receptor locations are less than 34.73 operating with current equipment and µg/m3. Short-term concentrations manpower. As discussed in Chapter above 50 µg/m3 are predicted in the 2, post 2000 coal production without active pit areas, although the state the North Jacobs Ranch LBA Tract is standard requires only that annual expected to be 24.5 mmtpy for seven average particulate concentrations years. above 50 µg/m3 not be exceeded at the mine’s permit boundary. Figure 4-1 was prepared using the air quality modeling analysis that was According to the air quality permit included in a Section 21 Permit modification application, increase in Application to modify the Jacobs coal production at the Jacobs Ranch Ranch Mine Air Quality Permit MD­ Mine to 50 mmtpy did not require any 224 (JRCC 1999c). This air quality new controls or changes in the coal permit modification application was preparation plant sources over and submitted to the WDEQ/AQD in 1999 above those already permitted for 35 as part of a request to allow Jacobs mmtpy. The application presented an

4-8 Final EIS, North Jacobs Ranch Coal Lease Application

4.0 Environmental Consequences emissions inventory for all sources removal areas; prompt and within the Jacobs Ranch Mine, from contemporaneous reclamation; neighboring sources (Black Thunder stilling sheds for coal truck dumps; Mine, North Rochelle Mine) and and covered conveyors, silos, water proposed neighboring sources (Two sprays, baghouses and other dust Elk power plant and ENCOAL power control systems for coal handling and plant) for each year of mine life. storage. These sources were input to the dispersion modeling analysis to Blasting is not a major source of determine potential air quality particulate emissions at PRB mines impacts in the vicinity. (PM10 emissions inventories show that overburden and coal blasting Since February 2, 1996, AQD has comprise less than 1 percent of the required mines to model for NOX. The total emissions). Overburden

NOX inventory in the model must removal, wind erosion, and coal haul include mine-related vehicular roads generate the majority of dust. tailpipe emissions, emissions from blasting, and emissions from A surface coal mine is not a named locomotive engines while these facility under Wyoming’s PSD engines are on the mine property. In regulations and therefore is not JRCC’s 1999 Section 21 Permit considered a “major emitting facility” Application, modeling predicted the unless it has the potential to emit 250

2003 annual average NOX tons or more per year of any concentration of 63.76 µg/m3 regulated pollutant. Fugitive dust (background concentration = zero) at emissions are not considered in the model receptor location shown in determining potential to emit.

Figure 4-1, and the predicted NOX Because the maximum annual mass concentrations at all other model emission rate of PM10 or NOX from all receptor locations are less. Therefore, point sources at the Jacobs Ranch the maximum modeled annual Mine will be less than 250 tons per average NOX concentrations at all year (NOX is negligible, and PM10 from receptor locations are well below the truck dumps plus coal preparation Wyoming Annual Ambient Air Quality facility sources is 82.3 tons per year), Standard of 100 µg/m3. the mine was not subject to an increment analyses under PSD Modeling and permit approval is done regulations. The maximum annual with the understanding that BACT average PM10 concentrations need will be applied. For the Jacobs Ranch only be compared to the Wyoming Mine, BACT includes watering and/or annual average ambient air quality chemical stabilization on haul roads standard of 50 µg/m3. and access roads; watering topsoil removal and laydown areas; Jacobs Ranch Mine’s air quality minimizing overshoot and stemming permit (MD-425) is based on the in blasting areas; minimizing fall results of computer modeling that distance in overburden and coal predicted no violation of air quality

4-10 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences standards and demonstrated that effects after exposure to visible emissions would have no significant clouds. EPA has expressed concerns cumulative effect when added to that NOx levels in some blasting emissions from neighboring sources. clouds may be sufficiently high at If JRCC acquires the North Jacobs times to cause human health effects Ranch LBA Tract, they would be (see Comment Letter 13). In the required to modify their WDEQ/AQD summer of 1999 a collaborative group air quality permit to include the LBA of PRB mines, under the Air Quality tract before it could be mined. Subcommittee of the WMA, collected Provided the maximum production background air quality data and rate remains at 50 mmtpy and developed a monitoring program to emissions from all considered sources collect information on the contents of do not increase, modeling may or may post-blast clouds. A report prepared not be required for the revision. by the subcommittee and titled Fugitive dust and gaseous pollutant Powder River Basin Short-term emissions would be expected to exposure NO2 Study provides a remain within levels allowed by the summary of that data, and a brief current permit. If JRCC acquires the discussion of its contents is included LBA tract, they would mine it and in Section 4.5.4. their existing leases using basically the same equipment with similar As a result of these incidents, WDEQ

BACT emission controls. The PM10 has directed some mines to take steps concentrations predicted along the designed to mitigate the effects of NO2 edges of the existing Jacobs Ranch emissions occurring from overburden Mine permit area would be shifted to blasting. The steps that may be the edges of the amended permit required include: public notifications area, and mining at the Jacobs Ranch (in the form of warning signs along Mine would be extended from 14 public roadways for example); years (under Alternative 3) to about temporary closure of public roadways 23 years (under the Proposed Action near a mine during and after a blast; or Alternative 2). As a result, there establishment of safe set-back would be a continuation of the distances from blasting areas; existing permitted impact. prohibiting blasting when wind direction is toward a neighbor; As discussed in Section 3.5, there is prohibiting blasting during public concern over the releases of temperature inversions;

NOx from overburden blasting, which establishment of monitoring plans; can form a low-lying, gaseous orange estimation of NO2 concentrations; and cloud that can be transported by development of blasting procedures wind. Exposure to NOx can cause that will protect public safety and adverse health effects. Appendix F health. To date, none of the incidents provides information about nitrogen of concern have occurred at the dioxide and its potential health Jacobs Ranch Mine. There have been effects. In the Powder River basin, no complaints to the mine or the individuals have complained of health WDEQ about blasting clouds

Final EIS, North Jacobs Ranch Coal Lease Application 4-11 4.0 Environmental Consequences produced from the mine. Based on The required mitigation measures, the size and nature of their blasting, which are discussed in Section 4.3, the WDEQ has not directed the would minimize this impact. Jacobs Ranch Mine to take any of these steps to mitigate or prevent Air quality impacts from the No blasting clouds. Jacobs Ranch Mine Action Alternative, the Proposed has voluntarily established warning Action, Alternative 2, and Alternative signs along public roadways in the 3 would not be expected to be vicinity of the mine. substantially different. Under the No Action Alternative, coal production is Currently, JRCC anticipates that projected to be 24.5 mmtpy, and production would decrease from under the Proposed Action, current levels if they acquire the Alternative 2, and Alternative 3, North Jacobs Ranch LBA Tract; production is projected to be 21 therefore, current mining techniques mmtpy, which is a 14.3 percent and blasting procedures would be production decrease. Modeling expected to be continued. If the indicates production could increase to North Jacobs Ranch LBA Tract is 50 mmtpy without exceeding leased as a maintenance tract, the compliance levels for air pollutants. blasting processes and required PM10 and TSP data collected from mitigation measures would be 1995 through 1999 at air quality reviewed when the mining and monitoring stations located upwind reclamation permit is amended to and downwind of the Jacobs Ranch include the new lease. At that point, Mine are shown in Figure 3-5 and the blasting plan would be reviewed discussed in Section 3.5. These data and modified to incorporate the indicate that TSP levels at both the procedures and protection measures predominantly upwind and that are in effect at that time. predominantly downwind monitoring stations remained relatively constant Air quality impacts resulting from, or while coal and overburden production associated with, mining operations also remained relatively constant would be limited primarily to the from 1995 through 1998. The mine’s operational life of the mine. During overburden production increased the time the LBA tract is mined, the from 57.8 million cubic yards in 1998 elevated levels of particulate matter in to 82.3 million cubic yards in 1999 the vicinity of the mining operations and the TSP at both the would continue, as would the elevated predominantly upwind and concentrations of gaseous emissions predominantly downwind monitoring due to fuel combustion. Compliance sites also increased. However, as the with all state and federal air quality rate of overburden production standards would be maintained. As increased there was not a with current operations, mining proportionate increase in TSP would occur near State Highway 450, measured at the predominantly the Hilight Road and the Keeline Road downwind mine boundary relative to making dust visible to the public. the predominantly upwind mine

4-12 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences boundary as might be expected. In The nearest Class I area is located fact, the annual average TSP approximately 80 miles east at Wind concentration was greater at the Cave National Park in southwestern predominantly upwind site than the South Dakota. Mines are not predominantly downwind site. considered to be major emitting Distances from the air quality facilities in accordance with Section monitoring stations (Figure 3-4) to the 24 of WDEQ/AQD Rules and active pits may be a factor in this Regulations. Therefore, mines are not apparent discrepancy. The mining required by the State of Wyoming to operation has progressed into the evaluate their impacts on that Class northern extent of the permit area I area. However, BLM evaluates such and is consequently nearer to the issues for leasing. For this EIS predominantly upwind monitoring regional air quality impacts are station than the predominantly evaluated under cumulative impacts downwind monitoring station. (Section 4.5). Therefore, the TSP levels along the predominantly upwind side of the 4.1.5 Water Resources mine would be expected to remain as high as the levels along the Surface Water predominantly downwind side of the mine for as long as the active pits are Changes in runoff characteristics and within the north and west sediment discharges would occur (predominantly upwind) side of the during mining of the LBA tract as a permit area. The average annual TSP result of the destruction and levels at both the predominantly reconstruction of drainage channels upwind and predominantly downwind as mining progresses. Erosion rates sites did not exceed the former air could reach high values on the quality standard from 1995 through disturbed area because of vegetation

1999, nor was the current PM10 removal. However, both state and standard exceeded during that time. federal regulations require that all surface runoff from mined lands be Based on the Jacobs Ranch Mine’s air treated as necessary to meet effluent quality monitoring information, the standards. Generally, the surface average annual PM10 levels are runoff sediment is deposited in ponds expected to remain within the current or other sediment-control devices air quality standards with the inside the permit area. increased coal production projected to occur under the Proposed Action, Due to its location in the headwater Alternative 2, and Alternative 3. Haul area of Mills and Shipley Draws, distances from the pit to the crushing along with numerous closed basins, facilities would be increased, so dust runoff within the LBA tract is not emissions may increase in proportion expected to be significant. During to the increased haul distance. mining, hydrologic control will most likely consist of allowing runoff to accrue to the mine pit, where it will

Final EIS, North Jacobs Ranch Coal Lease Application 4-13 4.0 Environmental Consequences be treated and discharged according expected impacts for currently to the standards of WDEQ/WQD. permitted mining. Large flood control reservoirs or drainage diversions are not Groundwater anticipated for the LBA tract. Mining the LBA tract would impact Sediment produced by large storms the groundwater resource quantity in (i.e., greater than the 10-year, 24­ two ways: 1) Mining would remove hour storm) could adversely impact the coal aquifers and any overburden downstream areas. Since the tract aquifers on the mined land and would be mined as an extension of replace them with unconsolidated the existing Jacobs Ranch Mine spoils; and 2) water levels in the coal under the action alternatives, there and overburden aquifers adjacent to would not be a large increase in the the mine would continue to be amount of area disturbed and not depressed as a result of seepage and reclaimed at any given time. dewatering from the open cut on the WDEQ/LQD would also require a LBA tract. The area subject to lower monitoring program to assure that water levels would be increased ponds would always have adequate roughly in proportion to the increase space reserved for sediment in area affected by mining. accumulation. Mining the LBA tract would remove The loss of soil structure would act to shallow aquifers on an additional increase runoff rates on the LBA tract 5,364 acres (Proposed Action), 5,465 in reclaimed areas. The general acres (Alternative 2), or 3,689 acres decrease in average slope in (Alternative 3) and replace the reclaimed areas, discussed in Section separate aquifer units with spoil 4.1.1, would tend to counteract the composed of an unlayered mixture of potential for an increase in runoff. the shale, siltstone, and sand that Soil structure would gradually reform make up the existing Wasatch over time, and vegetation (after Formation overburden and Fort successful reclamation) would provide Union Formation interburden. erosion protection from raindrop Impacts to the local groundwater impact, retard surface flows and system resulting from mining include control runoff at approximately completely dewatering the coal, premining levels. overburden and interburden within the area of coal removal, and After mining and reclamation are extending drawdowns some distance complete, surface water flow, quality, away from the active mine area. The and sediment discharge from the LBA extent that drawdowns will propagate tract would approximate premining away from the mine pits is a function conditions. The impacts described of the water-bearing properties of the above would be similar for both the aquifer materials. In materials with Proposed Action and Alternatives 2 high transmissivity and low and 3, and they are similar to the storativity, drawdowns will extend

4-14 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences further from the pit face than in well as geologic and hydrologic materials with lower transmissivity barriers and boundaries such as crop and higher storage. In general, due lines, fracture zones, and recharge to the geologic makeup of the sources. The maximum drawdown Wasatch Formation overburden measured in a coal monitor well is (discontinuous sands in a matrix of about 18 feet; no drawdown has been shale), overburden drawdowns do not recorded in the coal/underburden extend great distances from the active monitoring well or in any of the scoria mine pit (Hydro Engineering 1997, monitoring wells. 1998, 1999). Of the three overburden wells monitored by JRCC during JRCC used the MODFLOW model to 1999-2000, no significant water level predict the extent of water drawdown changes were observed. in the Wyodak coal seam as a result of mining at the Jacobs Ranch Mine. Because of the regional continuity The results of the groundwater and higher transmissivity within the modeling are reported in the Baseline Wyodak coal seam, drawdowns Hydrology Section in Addendum D6G propagate much further in the coal of the Jacobs Ranch Mine 271-T4 aquifer than in the overburden. permit document (JRCC 1999a). Within the vicinity of Jacobs Ranch Predicted drawdowns over the life of Mine, however, coal transmissivity is mine are shown on Figure 4-2. These generally low, and the coal aquifer is predictions are approximate and were unconfined. The combination of based on extrapolation of JRCC’s unconfined water levels in a low earlier predictions by extending the transmissivity aquifer results in very drawdowns westward and northward little drawdown in the Wyodak coal by the dimensions of the North seam in the vicinity of Jacobs Ranch Jacobs Ranch Tract. More precise Mine. Coal drawdowns from 1980 to predictions of the extent of 1995 are generally less than five ft drawdowns will be required in order within one mile of the active pits at to amend the North Jacobs Ranch the Jacobs Ranch Mine (Hydro- LBA Tract into the WDEQ/LQD Engineering 1996a). permit area.

In 1999 JRCC monitored water levels Wyoming SEO records indicate a total in 4 monitor wells in the Wyodak coal of 368 permitted water wells located seam, one well completed in both coal within three miles of the LBA tract. and underburden, and three wells The majority (192) are owned by coal completed in clinker adjacent to the mining companies and are used for Wyodak coal. Water levels and maps groundwater monitoring and water showing drawdowns in the immediate supply. Of the 176 non mine-related vicinity of the pit are included in each wells, 56 are permitted for stock year’s annual report to WDEQ/LQD watering only, 45 are permitted for (JRCC 1995-1999). As expected, both CBM development and stock drawdowns in the coal seam are a watering, 34 are permitted for CBM function of distance from the pit as development only, 28 are permitted

Final EIS, North Jacobs Ranch Coal Lease Application 4-15

4.0 Environmental Consequences for miscellaneous uses, eight are current mine area, no permitted permitted for either stock or domestic water supply wells were found within use, two are for industrial use and the expanded 5-foot drawdown one is permitted for irrigation use. contour with completion depths that indicated they produce water from the Some of these wells will likely be Wyodak coal seam (this excludes impacted (either directly by removal wells constructed only for the of the well or indirectly by water level purpose of monitoring or CBM drawdown) by approved mining production). During the permitting operations occurring at Jacobs Ranch process, the mine operator would be and the adjacent mines. In required to update the list of compliance with SMCRA and potentially impacted wells and predict Wyoming regulations, mine operators impacts to these and other water- are required to provide the owner of a supply wells within the 5-foot water right whose water source is drawdown contour. The operator interrupted, discontinued, or would be required to commit to diminished by mining with water of replacing these water supplies with equivalent quantity and quality; this water of equivalent quality and mitigation is thus part of the action quantity if they are affected by alternatives. The most probable mining. source of replacement water would be one of the aquifers underlying the The subcoal Fort Union aquifers are coal. not removed or disturbed by coal mining, so they are not directly For the current mine area (without impacted by coal mining activity. the North Jacobs Ranch LBA Tract), JRCC has five water supply wells JRCC determined that the effects of completed in aquifers below the coal. the predicted drawdown on possible If the LBA tract is leased by the neighboring groundwater users would applicant, water would be produced be negligible. This determination was from these wells for a longer period of based on the finding that there were time, but JRCC would not require no known water users withdrawing additional sub-coal wells to mine the water solely from the Wyodak coal LBA tract. seam within the area of the 5-foot drawdown contour (JRCC Permit 214 Mining would also impact T-4 Permit Document, Mine Plan, groundwater quality; the TDS in the Section MP4.5.4.10, November 1999). water resaturating the backfill is generally higher than the TDS in the In May 2000 the files of the SEO were groundwater before mining. This is searched to determine whether the due to the exposure of fresh preceding statement would still be overburden surfaces to groundwater true for the 5-foot drawdown as that moves through the reclaimed extrapolated on Figure 4-2 to spoils. Research conducted by the consider mining of the North Jacobs Montana Bureau of Mines and Ranch LBA Tract. As within the Geology on the coal fields of the

Final EIS, North Jacobs Ranch Coal Lease Application 4-17 4.0 Environmental Consequences northern PRB (Van Voast and Reiten therefore expected to be of better 1988) indicates that upon initial quality after one pore volume of water saturation, mine backfill is generally moves through the backfill than what high in TDS and contains soluble is observed in the backfill today. In salts of calcium, magnesium and general, the mine backfill sodium sulfates. As the backfill groundwater TDS can be expected to resaturates, the soluble salts are range from 3,000 - 6,000 mg/L, leached by groundwater inflow and similar to the premining Wasatch TDS concentrations tend to decrease Formation aquifer, and meet with time, indicating that the long Wyoming Class III standards for use term groundwater quality in mined as stock water. and off-site lands would not be compromised (Van Voast and Reiten The hydraulic properties of the 1988). backfill aquifer reported in permit documents of the nearby Black Groundwater quality within the Thunder Mine are comparable to the backfill aquifer at the North Jacobs Wasatch Formation overburden and Ranch LBA Tract would be expected Wyodak coal. At the Black Thunder to be similar to the groundwater Mine, the backfill aquifer has been quality measured in existing wells tested at two wells, and the hydraulic completed in the backfill at the conductivity in both wells is 1.1 Jacobs Ranch Mine. To date, three ft/day, which exceeds the average wells have been installed to monitor hydraulic conductivity (0.14 ft/day) water level and water quality in reported for the Wyodak coal in the backfilled spoils at the Jacobs Ranch vicinity of the Jacobs Ranch Mine. Mine. In February 1999 TDS The data available indicate that the concentrations in the three wells hydraulic conductivity of the backfill were, 4,370, 4,800 and 4,750 mg/L. would be greater than or equal to TDS concentrations observed in the premining coal values, suggesting Jacobs Ranch Mine backfill that wells completed in the backfill monitoring wells are generally higher would provide yields greater than or than those found in the undisturbed equal to premining coal wells. Wasatch Formation overburden or Wyodak coal aquifers. Using data Direct and indirect impacts to the compiled from ten surface coal mines groundwater system resulting from in the eastern PRB, Martin et al. mining the LBA tract would add to (1988) concluded that backfill the cumulative impacts that will groundwater quality improves occur due to mining existing leases. markedly after the backfill is leached These impacts are discussed in with one pore volume of water. The section 4.5.5. same conclusions were reached by Van Voast and Reiten (1988) after 4.1.6 Alluvial Valley Floors analyzing data from the Decker and Colstrip Mine areas in the northern The North Jacobs Ranch LBA Tract PRB. Postmining groundwaters are has not yet been evaluated for the

4-18 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences presence of AVF’s. However, based comprised of 2.81 acres of manmade on previous non-AVF declarations stockponds and 2.41 acres of made on Mills and Shipley Draws portions of ephemeral stream downstream of the North Jacobs channels were identified within the Ranch LBA Tract, it is unlikely that LBA tract under the Proposed Action. these channels would receive AVF Existing wetlands located in the LBA declarations in their headwater areas, tract would be destroyed by mining where the drainages are immature operations. COE requires and AVF characteristics are replacement of all impacted negligible. The nearest declared AVF jurisdictional wetlands in accordance is located on North Prong Little with Section 404 of the Clean Water Thunder Creek more than 2 miles Act. Replacement of functional downstream from the confluence of wetlands on privately-owned surface Mills and Shipley Draws. may occur in accordance with agreements with the private Impacts to designated AVF’s are landowners; no federal surface lands generally not permitted if the AVF is are included in the North Jacobs determined to be significant to Ranch LBA Tract. During the period agriculture. AVF’s that are not of time after mining and before significant to agriculture can be replacement of wetlands, all wetland disturbed during mining, but they functions would be lost. The replaced must be restored as part of the wetlands may not duplicate the exact reclamation process. In order to function and landscape features of restore the AVF, the physical and the premine wetlands, but hydrologic characteristics of the AVF replacement would be in accordance must be determined. with the requirements of Section 404 of the Clean Water Act, as determined If the LBA tract is mined as an by COE. extension of existing operations, the mining would extend upstream on As a result of recent court directives, streams already in active mine areas. playas may no longer be identified as Therefore, no direct, indirect, or jurisdictional waters of the U.S. cumulative impacts are anticipated to under Section 404 of the Clean Water off-site AVF’s through mining of the Act. These non-jurisdictional wetland LBA tract. features, having significant biological and hydrological functions, cover 4.1.7 Wetlands approximately 43.3 acres within the LBA tract. Although COE may not As discussed in Chapter 3, JRCC has require their replacement as a result completed a wetlands inventory and of the recent court directive, JRCC submitted it to COE. This inventory plans to continue establishing identified the acres of jurisdictional playa/depressional features within wetlands on the North Jacobs Ranch the reclaimed topography if the LBA LBA Tract (Section 3.8). A total of tract is mined as an extension of the 5.22 acres of jurisdictional wetlands existing operation. If no special

Final EIS, North Jacobs Ranch Coal Lease Application 4-19 4.0 Environmental Consequences segregation and placement of until the end of mining. No new life- overburden and soils is necessary, of-mine facilities would be located on reclamation costs incurred to restore the LBA tract under the Proposed playa/depressional features are not Action or Alternatives 2 and 3, in increased. However, if special which the LBA tract would be mined handling of materials is necessary the as an extension of the existing Jacobs reclamation costs generally increase Ranch Mine. Grazing restrictions on a site-specific basis. prior to mining and during reclamation would remove up to 100 4.1.8 Vegetation percent of the LBA area from livestock grazing. This reduction in vegetative Under the Proposed Action, mining of production would not seriously affect the LBA tract would progressively livestock production in the region, remove the native vegetation on 5,364 and long-term productivity on the acres on and near the LBA tract. reclaimed land would return to Acreage disturbed under Alternative 2 premining levels within several years would be 5,465 acres, and acreage following seeding with the approved disturbed under Alternative 3 would final seed mixture. Wildlife use of the be 3,689 acres. Short-term impacts area will not be restricted throughout associated with this vegetation the operations. removal would include increased soil erosion and habitat loss for wildlife Re-established vegetation would be and livestock. Potential long-term dominated by species mandated in impacts include loss of habitat for the reclamation seed mixtures (to be some wildlife species as a result of approved by WDEQ). The majority of reduced species diversity, particularly the approved species are native to the big sagebrush, on reclaimed lands. LBA tract. Initially, the reclaimed However, grassland-dependent land would be dominated by wildlife species and livestock would grassland vegetation which would be benefit from the increased grass cover less diverse than the premining and production. vegetation. At least 20 percent of the area would be reclaimed to native Reclamation, including revegetation shrubs at a density of one per square of these lands, would occur meter as required by current contemporaneously with mining on regulations. Estimates for the time it adjacent lands, i.e., reclamation would take to restore shrubs to would begin once an area is mined. premining density levels range from Estimates of the time elapsed from 20 to 100 years. An indirect impact topsoil stripping through reseeding of of this vegetative change could be any given area range from two to four decreased big game habitat carrying years. This would be longer for areas capacity. Following completion of occupied by stockpiles, haulroads, reclamation (seeding with the final sediment-control structures, and seed mixture) and before release of other mine facilities. Some roads the reclamation bond (a minimum of and facilities would not be reclaimed ten years), a diverse, productive, and

4-20 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences permanent vegetative cover would be since lack of sufficient moisture established on the LBA tract. The would reduce germination and could decrease in plant diversity would not damage newly established plants. seriously affect the potential Same-aged vegetation would be more productivity of the reclaimed areas, susceptible to disease than would and the proposed postmining land plants of various ages. Severe use (wildlife habitat and rangeland) thunderstorms could also adversely should be achieved even with the affect newly seeded areas. Once a changes in vegetation composition stable vegetative cover is established, and diversity. Private landowners however, these events would have (Figure 3-9) would have the right to similar impacts as would occur on manipulate the vegetation on their native vegetation. lands as they desire once the reclamation bond is released. Changes expected in the surface water network as a result of mining On average, about 460 acres of and reclamation would affect the surface disturbance per year of reestablishment of vegetation mining would occur on the LBA tract patterns on the reclaimed areas to at the proposed rate of production some extent. The postmining regardless of which action alternative maximum slope would be 20 percent is selected. By the time mining in accordance with WDEQ policy. ceases, over 75 percent of these The average reclaimed slope will not disturbed lands would have been be known until WDEQ’s technical reseeded. The remaining 25 percent review of the permit revision would be reseeded during the application is complete. No following two to three years as the significant changes in average slope life-of-mine facilities areas are are predicted. reclaimed. Following reclamation, the LBA tract The reclamation plans for the existing would be primarily mixed prairie mine include steps to control invasion grasslands with graminoid/forb­ by weedy (invasive nonnative) plant dominated areas, and the overall species. The reclamation plans for species diversity would be reduced, the North Jacobs Ranch LBA Tract especially for the shrub component. would also include steps to control As indicated previously, following invasion from such species. Native reclamation bond release, vegetation from surrounding areas management of the privately-owned would gradually invade and become surface would revert to the private established on the reclaimed land. surface owner, who would have the right to manipulate the reclaimed The climatic record of the western vegetation. U.S. suggests that droughts could occur periodically during the life of Jurisdictional wetlands would fall the mine. Such droughts would under the jurisdiction of the COE. severely hamper revegetation efforts, Detailed wetland mitigation plans

Final EIS, North Jacobs Ranch Coal Lease Application 4-21 4.0 Environmental Consequences would be developed at the permitting quality habitat than that from which stage to ensure no net loss of they were displaced. In the second jurisdictional wetlands on the project and third situations, the animals may area. Functional wetlands may be suffer from increased competition restored in accordance with the with other animals and are less likely requirements of the surface to survive and reproduce. The landowner; there are no public lands indirect impacts are longer term and included in the North Jacobs Ranch may include a reduction in big game LBA Tract. carrying capacity and microhabitats on reclaimed land due to flatter The decrease in plant diversity would topography, less diverse vegetative not seriously affect productivity of the cover, and reduction in sagebrush reclaimed areas, regardless of the density. alternative selected, and the proposed postmining land use (wildlife habitat These impacts are currently occurring and rangeland) would be achieved on the existing leases as mining even with the changes in vegetative occurs. If the LBA tract is leased species composition and diversity. under the Proposed Action, Alternative 2, or Alternative 3, the 4.1.9 Threatened, Endangered and area of mining disturbance would be Candidate Plant Species extended onto the LBA tract and mining would be extended by up to Refer to Appendix G. 12.3 years at the Jacobs Ranch Mine.

4.1.10 Wildlife Under the Proposed Action, Alternative 2, or Alternative 3, big Local wildlife populations are directly game would be displaced from and indirectly impacted by mining. portions of the LBA tract to adjacent These impacts are both short-term ranges during mining. Pronghorn (until successful reclamation is would be most affected; however, achieved) and long-term (persisting none of the area within two miles of beyond successful completion of the LBA tract has been classified as reclamation). The direct impacts of crucial or critical pronghorn habitat. surface coal mining on wildlife occur Mule deer would not be substantially during mining and are therefore impacted, given their infrequent use short-term. They include road kills by of these lands and the availability of mine-related traffic, restrictions on suitable habitat in adjacent areas. wildlife movement created by fences, Elk would not be affected, although spoil piles and pits, and displacement they have been observed wintering on of wildlife from active mining areas. grasslands southeast of the LBA tract Displaced animals may find equally in recent years. Big game suitable habitat that is not occupied displacement would be incremental, by other animals, occupy suitable occurring over several years and habitat that is already being used by allowing for gradual changes in other individuals, or occupy poorer distribution patterns. Big game

4-22 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences residing in the adjacent areas could corridors, neither of which apply to be impacted by increased competition the LBA tract. with displaced animals. Noise, dust and associated human presence Road kills related to mine traffic would cause some localized avoidance would be extended in the area by up of foraging areas adjacent to mining to 23 years. activities. On the existing leases, however, big game have continued to After mining and reclamation, occupy areas adjacent to and within alterations in the topography and active mine operations, suggesting vegetative cover, particularly the that some animals may become reduction in sagebrush density, habituated to such disturbances. would cause a decrease in carrying capacity and diversity on the LBA Big game animals are highly mobile tract. Sagebrush would gradually and can move to undisturbed areas. become reestablished on the There would be more restrictions on reclaimed land, but the topographic big game movement on or through the changes would be permanent. tract, however, due to additional fences, spoil piles, and pits related to Medium-sized mammals (such as mining. During winter storms, rabbits, coyotes, and foxes) would be pronghorn may not be able to temporarily displaced to other negotiate these barriers. WDEQ habitats by mining, potentially guidelines require fencing to be resulting in increased competition designed to permit pronghorn and mortality. However, these passage to the extent possible. animals would quickly rebound on reclaimed areas, as forage developed Recently, the WGFD reviewed and small mammal prey species monitoring data collected on mine recolonized. Direct losses of small sites for big game species and the mammals would be higher than for monitoring requirements for big game other wildlife, since the mobility of species on those mine sites. Their small mammals is limited and many findings concluded that the retreat into burrows when disturbed. monitoring had demonstrated the Therefore, populations of such prey lack of impacts to big game on animals as voles and mice would existing mine sites. No severe mine- decline during mining. However, caused mortalities have occurred and these animals have a high no long-lasting impacts on big game reproductive potential and tend to re- have been noted on existing mine invade and adapt to reclaimed areas sites. The WGFD therefore quickly. A research project on recommended that big game habitat reclamation on mined lands monitoring be discontinued on all within the PRB for small mammals existing mine sites. New mines will and birds concluded that reclamation be required to conduct big game objectives to encourage the monitoring if located in crucial winter decolonization of small mammal range or in significant migration communities are being achieved

Final EIS, North Jacobs Ranch Coal Lease Application 4-23 4.0 Environmental Consequences

(Shelley 1992). The study evaluated Mining the LBA tract will not impact sites at five mines including Jacobs regional raptor populations; however, Ranch. individual birds or pairs may be impacted. Due to a lack of suitable Sage grouse are yearlong residents nesting habitat (cliffs and tall trees), and are found on lands adjacent to very few raptor species have been the LBA tract. An active lek was observed nesting on or near the observed in April and May of 1999 at proposed lease area. As noted in a location near the northern border of Section 3.10.4, a total of five raptor the LBA tract (Figure 3-8, Section species (the burrowing owl, great 3.10). The two-mile radius from the horned owl, ferruginous hawk, lek, which identifies the area in which Swainson’s hawk and American most hens will nest, overlaps onto the kestrel) have been identified nesting LBA tract. This lek has been active within two miles of the LBA tract. In from 1993 through 1999. Sage 1999 five nest sites in this area were grouse were rarely observed using the active and included one ferruginous LBA tract during the July 1999 field hawk nest, two Swainson’s hawk survey, but were observed on nests and two burrowing owl nests. adjacent lands. The impacts from Two species (the Swainson’s hawk mining the LBA tract would be the and the ferruginous hawk) have been temporary loss of nesting habitat and recorded nesting on the LBA tract some disturbance to breeding under the Proposed Action. In 1999, activities when the mining operations the ferruginous hawk had the most are within close proximity to the nest sites, but all of those nests birds’ strutting ground. Monitoring of belonged to the same pair of birds. sage grouse activities indicates that Mining activity could cause raptors to the birds frequently change lek sites. abandon nests proximate to It is likely that if mining activities disturbance. USFWS recommends a disturb a lek, sage grouse will use an 1-mile buffer around all ferruginous alternate lek site for breeding hawk nests. USFWS and activities. Should the sage grouse WDEQ/LQD approval will be required establish a lek on the proposed lease before mining may occur within area, the lessee would be required to buffer zones for future or adjacent take appropriate mitigation steps active raptor nests. The Jacobs prior to mining. Effort will also be Ranch Mine annually monitors made to reestablish shrubs on territorial occupancy and nest reclaimed lands, grading of reclaimed productivity. Raptor nesting activity lands to create swales and has frequently occurred in active depressions, and continued mining and construction areas and monitoring of sage grouse activity in Jacobs Ranch Mine has successfully the area before, during and after executed state-of-the-art mitigation mining. These and other measures techniques to protect nest will be further developed in the productivity. There is an approved WDEQ/LQD Permit to Mine raptor mitigation plan for the existing application. Jacobs Ranch Mine. This monitoring

4-24 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences and mitigation plan, as required by within the PRB for small mammals the USFWS and WDEQ/LQD, will be and birds concluded that the diversity amended to include the North Jacobs of song birds on reclaimed areas was Ranch LBA Tract if it is leased. slightly less than on adjacent Mining near raptor territories will undisturbed areas, although their minimally impact availability of raptor overall numbers were greater (Shelley forage species. At the adjacent 1992). Jacobs Ranch Mine, lack of nesting habitat, not a lack of forage area, has Waterfowl and shorebird habitat on been determined to be the most the LBA tract is minimal, and important factor limiting raptor production of these species is very density. During mining, nesting limited. Mining the LBA tract would habitat is created by the excavation thus have a negligible effect on process (highwalls), as well as migrating and breeding waterfowl. through enhancement efforts (nest Sedimentation ponds created during platforms and boxes). After mining, mining would provide interim habitat the reclamation plan will reestablish for these fauna. WDEQ and the COE the ground cover necessary for the would also require mitigation of any return of a suitable prey base. disturbed wetlands during reclamation, which would minimize Displaced songbirds would have to impacts. If the replaced wetlands on compete for available adjacent the North Jacobs Ranch LBA Tract do territories and resources when their not duplicate the exact function habitats are disturbed by mining and/or landscape features of the operations. Where adjacent habitat is premine wetlands, waterfowl and at carrying capacity, this competition shorebirds could be beneficially or would result in some mortality. adversely affected as a result. Losses would also occur when habitat disturbance coincides with egg No fish habitat will be impacted on incubation and rearing of young. the proposed lease. Impacts of habitat loss would be short-term for grassland species, but The impacts discussed above would would last longer for tree- and shrub- apply to the three action alternatives. dependent species. Concurrent The assessment of impacts to wildlife reclamation would minimize these by mining the LBA tract will be impacts. A diverse seed mixture addressed during the WGFD’s and planted in a mosaic with a shrubland the WDEQ/LQD’s review of the mine phase would provide food, cover, and permit application, and within the edge effect. Other habitat WDEQ/LQD’s permit approval enhancement practices include the process. restoration of diverse land forms, direct topsoil replacement, and the 4.1.11 Threatened, Endangered, and construction of brush piles, snags Candidate Wildlife Species and rock piles. A research project on habitat reclamation on mined lands Refer to Appendix G.

Final EIS, North Jacobs Ranch Coal Lease Application 4-25 4.0 Environmental Consequences

4.1.12 Land Use and Recreation North Jacobs Ranch LBA Tract, and the BLM estimates that a large part of The major environmental the CBM resource can be recovered consequences of leasing the North before the tract would be mined. Jacobs Ranch LBA Tract on land use Negotiations are ongoing between would be reduction of livestock JRCC and the oil and gas lessees on grazing, loss of wildlife habitat, and how to resolve the conflict if a coal curtailment of oil and gas lease is issued. Royalties would be development on about 5,364 acres lost to both the state and federal (Proposed Action), or about 5,465 governments if conventional oil and acres (Alternative 2), or about 3,689 gas wells are abandoned prematurely, acres (Alternative 3) during active if the CBM is not recovered prior to mining. Wildlife (particularly big mining, or if coal is not recovered due game) and livestock (cattle and sheep) to conflicts. State and federal use would be displaced while the governments can also lose bonus tract is being mined and reclaimed. money when the costs of the agreements between the lessees are Sections 3.11 and 4.1.2 of this factored into the fair market value document discuss the oil and gas determinations. wells and facilities that are present on the LBA tract. Federal oil and gas As discussed in Section 1.2 of this ownership and federal oil and gas document, none of the lands included lessee information are presented in in the LBA tract under any of the Figure 3-10 and Table 3-8. If a coal alternatives are managed by the lease is issued for the North Jacobs USFS, no federal land would be Ranch LBA Tract, all of the oil and removed from public access if the gas production and transportation tract is leased. facilities on the lease would have to be removed from the surface to the Hunting on the LBA tract would be base on the coal prior to mining. eliminated during mining and Wells that are completed in producing reclamation. Pronghorn, mule deer, zones below the coal would be capped and elk occur on and adjacent to the in accordance with the requirements tract. Sage grouse, mourning dove, for abandoning wells. waterfowl, rabbit, and coyote also inhabit the tract. BLM has issued a policy statement on conflicts between CBM and coal Following reclamation, the land would development (BLM Instruction be suitable for grazing and wildlife Memorandum No. 2000-081). That uses, which are the historic land policy advocates optimizing the uses. There are no BLM or USFS recovery of both coal and CBM public lands included in the LBA resources to ensure that the public tract, but the reclamation standards receives a reasonable return for the required by SMCRA and Wyoming publicly owned resources. CBM is State Law meet the standards and currently being produced on the guidelines for healthy rangelands for

4-26 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences public lands administered by the BLM avoided or which have not already in the State of Wyoming. Following been subjected to data recovery reclamation bond release, action would be carried forward in the management of the privately-owned mining and reclamation plan as surface would revert to the private requiring protective stipulations until surface owner. a testing, mitigation or data recovery plan is developed to address the 4.1.13 Cultural Resources impacts to the sites. The lead federal and state agencies would consult with All portions of the Proposed Action Wyoming SHPO on the development area and buffer zone were subjected of such plans and the manner in to a Class III inventory and which they are carried out. assessment in 1999. Cultural resources adjacent to the Table 3-9 (Section 3.12) summarizes mine areas may be impacted as a the distribution of cultural sites by result of increased access to the type. Data recovery plans are areas. There may be increased required for those sites recommended vandalism and unauthorized eligible to the National Register collecting associated with recreational following testing and consultation activity and other pursuits outside of with the SHPO. Until consultation but adjacent to mine permit areas. with SHPO has occurred and agreement regarding NRHP eligibility 4.1.14 Native American Concerns has been reached, all sites should be protected from disturbance. No sites of Native American religious or cultural importance have been Full consultation with SHPO will be identified on the LBA tract. If such completed prior to approval of the sites or localities are identified at a MLA mining plan. Those sites later date, appropriate action must be determined to be unevaluated or taken to address concerns related to eligible for the NRHP through those sites. consultation would receive further protection or treatment. Impacts to 4.1.15 Paleontological Resources eligible or unevaluated cultural resources cannot be permitted. If No unique or significant unevaluated sites cannot be avoided, paleontological resources have been they must be evaluated prior to identified on the LBA tract, and the disturbance. If eligible sites cannot likelihood of encountering significant be avoided, a data recovery plan must paleontological resources is small. be implemented prior to disturbance. Lease and permit conditions require Ineligible properties may be destroyed that should previously unknown, without further work. potentially significant paleontological sites be discovered, work in that area The eligible sites on the North Jacobs shall stop and measures be taken to Ranch LBA Tract which cannot be

Final EIS, North Jacobs Ranch Coal Lease Application 4-27 4.0 Environmental Consequences assess and protect the site (see under the action alternatives, no rail Appendix D). car loading would take place on the LBA tract. The Noise Control Act of 4.1.16 Visual Resources 1972 indicates that a 24-hour equivalent level of less than 70 dBA Mining activities on most of the North prevents hearing loss and that a level Jacobs Ranch LBA Tract would not be below 55 dBA, in general, does not visible from any major travel routes constitute an adverse impact. OSM and would be partly concealed by prepared a noise impact report for the surrounding terrain. Mining of some Caballo Rojo Mine (OSM 1980) which parts of the LBA tract would be visible determined that the noise level from from State Highway 450. crushers and a conveyor would not exceed 45 dBA at a distance of 1,500 Mining would affect landscapes ft. Explosives would be used during classified by USFS as “common” and mining to fragment the overburden landscape character would not be and coal and facilitate their significantly changed following excavation. The air overpressure reclamation. No unique visual created by such blasting is estimated resources have been identified on or to be 123 dBA at the location of the near the North Jacobs Ranch LBA blast. At a distance of approximately Tract. 1,230 ft, the intensity of this blast would be reduced to 40 dBA. Since Reclaimed terrain would be almost the nearest occupied dwelling is indistinguishable from the roughly one mile away from the LBA surrounding undisturbed terrain. tract, there should be no major noise Slopes might appear smoother (less impacts. The nearest occupied intricately dissected) than dwelling to the Jacobs Ranch Mine undisturbed terrain to the north and permit boundary is approximately west, and sagebrush would not be as 1.25 miles away. abundant for several years; however, within a few years after reclamation, Because of the remoteness of the site the mined land would not be and because mining is already distinguishable from the surrounding ongoing in the area, noise would have undisturbed terrain except by little off-site effect. Wildlife in the someone very familiar with landforms immediate vicinity of mining may be and vegetation. adversely affected; however, observations at other surface coal 4.1.17 Noise mines in the area indicate that wildlife generally adapt to increased Noise levels on the LBA tract would noise associated with active coal be increased considerably by mining mining. After mining and activities such as blasting, loading, reclamation are completed, noise hauling, and possibly in-pit crushing. would return to premining levels. Since the LBA tract would be mined as an extension of existing operations

4-28 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences

4.1.18 Transportation Facilities Conservatively assuming a price of $4.00 per ton, the revenue from the No new or reconstructed sale of the recoverable coal from the transportation facilities would be LBA tract would total $1.92 billion for required under the Proposed Action the Proposed Action (479.7 million or Alternatives 2 and 3. Essentially tons of coal), or $1.93 billion for all of the coal mined on the LBA tract Alternative 2 (483.3 million tons of would be transported by rail. coal), or $1.17 billion for Alternative 3 Vehicular traffic to and from the mine (293.4 million tons of coal). Some of would continue at existing or slightly this money from the sale of this higher levels for an additional 14 to federal coal would be paid to federal, 23 years, depending on which state and local governments in the alternative is selected. form of taxes and federal production royalties, as discussed below. Active pipelines currently cross the LBA tract, and any relocation of these The federal government would collect pipelines would be handled according a royalty at the time the coal is sold. to specific agreements between the This royalty is 12.5 percent of the sale coal lessee and the pipeline owners if price of the coal. At a coal price of the need arises. The Wyoming $4.00 per ton, this would amount to Department of Transportation approximately $240 million under the routinely monitors traffic volumes on Proposed Action, $241 million under area highways, and if traffic exceeds Alternative 2, or $146 million under design standards improvements are Alternative 3. This money would be made. Burlington Northern-Santa Fe split equally between the state and and Union Pacific have upgraded and federal governments. The federal will continue to upgrade their rail government would also collect black capacities to handle the increasing lung and reclamation taxes based on coal volume projected from the the sale of the coal. southern PRB with or without the leasing of the proposed LBA tract. According to a study done by the University of Wyoming (UW 1994), the 4.1.19 Socioeconomics State of Wyoming received about $1.10 per ton from the sale of PRB Leasing and subsequent mining of the coal produced in 1991. The taxes LBA tract would extend the life of the and royalties included in this already permitted Jacobs Ranch Mine calculation were severance taxes, ad by 14 to 23 years, depending on valorem taxes, sales and use taxes, which alternative is selected. and the state’s share of federal royalty payments on production (discussed Although spot coal prices have risen above). Under this scenario, the recently, WSGS is currently estimated total direct return to the predicting that average coal prices State of Wyoming from the production will remain relatively constant over of this federal coal, in current dollars, the next 5 to 6 years (WSGS 2001). would be $527.7 million under the

Final EIS, North Jacobs Ranch Coal Lease Application 4-29 4.0 Environmental Consequences

Proposed Action, $531.6 million services in these communities would under Alternative 2, or $322.7 million be expected because no influx of new under Alternative 3. This figure residents would be needed to fill new includes half of the federal royalty jobs. The economic stability of the discussed above. communities of Douglas, Wright, and Gillette would benefit by having the The federal government also receives Jacobs Ranch Mine employees living a bonus payment at the time the in their communities employed for an federal coal is leased. Bonus additional 14 to 23 years. payments on the federal coal leases issued in the Powder River Basin Issues relating to the social, cultural, since 1990 have ranged from 11.1 and economic well-being and health cents per ton to 38.3 cents per ton. of minorities and low-income groups This range of bonus payments would are termed Environmental Justice represent a potential bonus payment issues. In reviewing the impacts of range of $32.6 million to $185.1 the Proposed Action and Alternatives million for the estimated federal coal 2 and 3 on socioeconomic resources, tonnage in the North Jacobs Ranch surface water and groundwater LBA Tract. The actual amount the quality, air quality, hazardous federal government would receive materials, or other elements of the would depend on the alternative human environment in this chapter, selected and the actual bonus bid if it was determined that potentially the tract is leased. The bonus adverse impacts do not payment would be payable over five disproportionately affect Native years and would be divided equally American tribes, minority groups with the State of Wyoming. and/or low-income groups.

If the LBA tract is leased under an With regard to Environmental Justice action alternative and annual coal issues affecting Native American production is decreased to 21 million tribes or groups, the general analysis tons as projected, JRCC anticipates area contains no tribal lands or that the average number of employees Native American communities, and no at the Jacobs Ranch Mine would treaty rights or Native American trust remain 333 over the 14 to 23 years resources are known to exist for this the tract is being mined. These 333 area. persons represent about 1.2 percent of the 26,946 persons in the January Implementing any of the alternatives 2001 labor force in Campbell and would have no effects on Converse Counties (Wyoming Environmental Justice issues, Department of Employment, including the social, cultural, and Employment Resources Division, economic well-being and health of March 2001). The January 2001 minorities and low income groups unemployment in these counties was within the general analysis area. about 708. No additional demands on the existing infrastructure or

4-30 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences

4.1.20 Hazardous and Solid Waste transportation, and socioeconomics would occur on the existing Jacobs If JRCC acquires the North Jacobs Ranch coal lease under the No-Action Ranch LBA Tract, the wastes that Alternative, but these impacts would would be generated in the course of not be extended onto the LBA tract. mining the tract would be similar to the wastes that are currently being The general nature and magnitude of generated by the existing mining cumulative impacts as summarized in operation. The procedures that are Table 2-3, which would occur from used for handling hazardous and implementation of the Proposed solid waste at the existing Jacobs Action or Alternatives 2 or 3, would Ranch Mine are described in Chapter not be substantially different under 2. Wastes generated by mining the the No-Action Alternative. However, LBA tract would be handled in coal removal and the associated accordance with the existing disturbance and impact would not regulations using the procedures occur on the 5,364, 5,465 or 3,689 currently in use at the Jacobs Ranch additional acres disturbed in the Mine, as described in Chapter 2. Proposed Action, Alternative 2, or Alternative 3, respectively. Portions 4.2 No-Action Alternative of the North Jacobs Ranch LBA Tract adjacent to the existing Jacobs Ranch Under the No-Action Alternative, the and Black Thunder Mines would be coal lease application would be disturbed to recover the coal in the rejected and the area contained in the existing leases. The economic application would not be offered for benefits that would be derived from lease at this time. The tract could be mining the LBA tract during an nominated for lease again in the additional 23 years of mining would future but, for the purposes of this be lost. If a decision is made not to analysis, the No-Action Alternative lease this tract at this time, it could assumes that these lands would be leased and mined as a never be mined. However, the maintenance lease in the future, approved mining operations for the while the existing adjacent mines are existing Jacobs Ranch Mine would in operation. If it is not leased while not be changed if this alternative is the existing adjacent mines are in chosen. The impacts described on operation, it may or may not be the preceding pages and in Table 2-2 leased in the future. The tract is to topography and physiography, potentially large enough to be leased geology and minerals, soils, air and mined by a new operation in the quality, water resources, alluvial future. valley floors, wetlands, vegetation, wildlife, threatened, endangered and 4.3 Regulatory Compliance, candidate species, land use and Mitigation, and Monitoring recreation, cultural resources, Native American concerns, paleontological In the case of surface coal mining, resources, visual resources, noise, SMCRA and state law require a

Final EIS, North Jacobs Ranch Coal Lease Application 4-31 4.0 Environmental Consequences considerable amount of mitigation diminishment of existing water and monitoring. Measures that are well rights by mining operations; required by regulation are considered - Section 4.1.6, restoration of to be part of the Proposed Action and AVF’s impacted by mining; Alternatives 2 and 3. These - Section 4.1.7, identification and requirements, mitigation plans, and replacements of wetlands monitoring plans are in place for the impacted by mining; No-Action Alternative, as part of the - Section 4.1.8, plans for control of current approved mining and invasive, nonnative plant reclamation plan for the existing species; Jacobs Ranch Mine. If the North - Section 4.1.10, fencing designed Jacobs Ranch LBA Tract is leased, to permit pronghorn passage; these requirements, mitigation plans, - Section 4.1.10, notification and and monitoring plans would be part mitigation measures to protect of a mining and reclamation plan active raptor nests and nest covering the North Jacobs Ranch LBA productivity; Tract. This mining and reclamation - Section 4.1.10, mitigation plan would have to be approved measures to minimize habitat before mining could occur on the loss impacts to songbirds; tract, regardless of who acquires the - Section 4.1.13, protection of tract. The major mitigation measures cultural resources that are and monitoring measures that are recommended eligible for or of required by state or federal regulation undetermined eligibility for the are summarized in Table 4-3. More National Register of Historic specific information about some of Places; and these mitigation and monitoring - Appendix G, protection of measures and their results at the threatened and endangered North Jacobs Ranch Mine are species. described in the following sections of this document: If impacts are identified during the leasing process that are not mitigated - Section 4.1.2, handling of by existing required mitigation unsuitable overburden material; measures, BLM can include - Section 4.1.4, air quality additional mitigation measures, in the monitoring practices and results form of stipulations on the new lease, and application of BACT for within the limits of its regulatory mitigation of air quality impacts; authority. In general, the levels of - Section 4.1.5, surface water mitigation and monitoring required hydrologic control measures; for surface coal mining by SMCRA - Section 4.1.5, groundwater and Wyoming state law are more quantity and quality monitoring extensive than those required for measures and results; other surface disturbing activities; - Section 4.1.5, mitigation for however, concerns are periodically interruption, discontinuation, or identified that are not monitored or mitigated under existing procedures.

4-32 Final EIS, North Jacobs Ranch Coal Lease Application Final EIS,North JacobsRanch Coal LeaseApplication Table 4-3. Regulatory Compliance, Mitigation and Monitoring Measures required under the Proposed Action, Alternative 1 (No Action), Alternative 2, or Alternative 3.

Regulatory Compliance or Mitigation Required by RESOURCE Stipulations or Required by State or Federal Law1 MONITORING1 Topography & Restoring to approximate original contour or other approved topographic LQD checks as-built vs. approved Physiography configuration topography with each annual report. Geology & Identifying & selectively placing or mixing chemically or physically unsuitable LQD requires monitoring in Minerals overburden materials to minimize adverse effects to vegetation or groundwater advance of mining to detect unsuitable overburden. Soil Salvaging soil suitable to support plant growth for use in reclamation; Monitoring vegetation growth on Protecting soil stockpiles from disturbance and erosional influences; reclaimed areas to determine Selectively placing at least 4 ft of suitable overburden on the graded spoil surface need for soil amendments. below replaced topsoil to meet guidelines for vegetation root zones Sampling regraded overburden for compliance with root zone criteria. Air Quality Dispersion modeling of mining plans for annual average particulate pollution On-site air quality monitoring for

impacts on ambient air; PM10 or TSP; Using particulate pollution control technologies; Off-site ambient monitoring for

Using work practices designed to minimize fugitive particulate emissions; PM10 or TSP; Using EPA- or state-mandated BACT, including: On-site compliance inspections Fabric filtration or wet scrubbing of coal storage silo and conveyor vents, Watering or using chemical dust suppression on haul roads and exposed soils,

Containment of truck dumps and primary crushers; 4.0 EnvironmentalConsequences Covering of conveyors, Prompt revegetation of exposed soils Surface Water Building and maintaining sediment control ponds or other devices during mining; Monitoring storage capacity in Restoring approximate original drainage patterns during reclamation; sediment ponds; monitoring Restoring stock ponds and playas during reclamation quality of discharges; monitoring streamflows and water quality. Gr oun dw a t e r Evaluating cumulative impacts to water quantity associated with proposed Monitoring wells track water levels Quantity mining; in overburden, coal, interburden, Replacing existing water rights that are interrupted, discontinued, or diminished underburden, & backfill by mining with water of equivalent quantity 1 These requirements, mitigation plans, and monitoring plans are in place for the existing Jacobs Ranch Mine in its current approved

4-33 mining and reclamation plan (the No-Action Alternative). If the North Jacobs Ranch LBA Tract is leased, these requirements, mitigation plans, and monitoring plans would be part of a mining plan revision covering the North Jacobs Ranch LBA Tract that must be approved before mining can occur on the tract under the Proposed Action, Alternative 2 or 3. 4-34 4.0 EnvironmentalConsequences Table 4-3. Regulatory Compliance, Mitigation and Monitoring Measures required under the Proposed Action, Alternative 1 (No Action), Alternative 2, or Alternative 3. (Continued)

Regulatory Compliance or Mitigation Required by RESOURCE Stipulations or Required by State or Federal Law1 MONITORING1 Groundwater Evaluating cumulative impacts to water quality associated with proposed mining; Monitoring wells track water Quality Replacing existing water rights that are interrupted, discontinued, or diminished quality in overburden, coal, by mining with water of equivalent quality interburden, underburden, & backfill

Alluvial Identifying all alluvial valley floors that would be affected by mining; Monitoring to determine Valley Floors Determining significance to agriculture of all identified alluvial valley floors restoration of essential hydrologic affected by mining (WDEQ); functions of any declared AVF Protecting downstream alluvial valley floors during mining; Restoring essential hydrologic function of all alluvial valley floors affected by

Final EIS, North JacobsRanch CoalLeaseApplication mining.

Wetlands Identifying all wetlands that would be affected by mining; Monitoring of reclaimed wetlands Identifying jurisdictional wetlands (COE); using same procedures used to Replacing all jurisdictional wetlands that would be disturbed by mining identify premining jurisdictional Replacing functional wetlands as required by surface managing agency or surface wetlands. land owner Vegetation Permanently revegetating reclaimed areas according to a comprehensive Monitoring of revegetation growth revegetation plan using approved permanent reclamation seed mixtures & diversity until release of final consisting predominantly of species native to the area; reclamation bond (minimum 10 Reclaiming 20% of reclaimed area with native shrubs at a density of one per years). Monitoring of erosion to square meter; determine need for corrective Controlling erosion on reclaimed lands prior to seeding with final seed mixture action during establishment of using mulching, cover crops, or other approved measures; vegetation. of controlled Chemically and mechanically controlling weed infestation; grazing during revegetation Direct hauling of topsoil; evaluation Useto determine suitability Selectively planting shrubs in riparian areas; for postmining land uses. Planting sagebrush; Creating depressions and rock piles; Using special planting procedures around rock piles; Posting reclamation bond covering the cost of reclamation 1 These requirements, mitigation plans, and monitoring plans are in place for the existing Jacobs Ranch Mine in its current approved mining and reclamation plan (the No-Action Alternative). If the North Jacobs Ranch LBA Tract is leased, these requirements, mitigation plans, and monitoring plans would be part of a mining plan revision covering the North Jacobs Ranch LBA Tract that must be approved before mining can occur on the tract under the Proposed Action, Alternative 2 or 3. Final EIS,North JacobsRanch Coal LeaseApplication Table 4-3. Regulatory Compliance, Mitigation and Monitoring Measures required under the Proposed Action, Alternative 1 (No Action), Alternative 2, or Alternative 3. (Continued)

Regulatory Compliance or Mitigation Required by RESOURCE Stipulations or Required by State or Federal Law1 MONITORING1 Wildlife Restoring premining topography to the maximum extent possible; Baseline & annual wildlife Planting a diverse mixture of grasses, forbs and shrubs in configurations monitoring surveys; beneficial to wildlife; Monitoring for Migratory Birds of Designing fences to permit wildlife passage; High Federal Interest Raptor-proofing power transmission poles; Creating artificial raptor nest sites; Increasing habitat diversity by creating rock clusters and shallow depressions on reclaimed land; Cottonwood plantings along reclaimed drainages; Replacing drainages, wetlands and alluvial valley floors disturbed by mining; Reducing vehicle speed limits to minimize mortality; Instructing employees not to harass or disturb wildlife; Preparing raptor mitigation plans Thr e at en ed, Avoiding bald eagle disturbance; Baseline and annual wildlife Endangered, & Restoring bald eagle foraging areas disturbed by mining; monitoring surveys Candidate Restoring mountain plover habitat disturbed by mining; Species Using raptor safe power lines; Surveying for Ute ladies' tresses; Surveying for mountain plover; Searching for black-footed ferrets if prairie dogs move onto tract;

Land Use Suitably restoring reclaimed area for historic uses (grazing and wildlife); Monitoring of controlled grazing 4.0 EnvironmentalConsequences prior to bond release evaluation.

Cultural Conducting Class I & III surveys to identify cultural properties on all state and Monitoring of mining activities Resources federal lands and on private lands affected by federal undertakings; during topsoil stripping; cessation Consulting with SHPO to evaluate eligibility of cultural properties for the NRHP; of activities and notification of Avoiding or recovering data from significant cultural properties identified by authorities if unidentified sites are surveys, according to an approved plan; encountered during topsoil Notifying appropriate federal personnel if historic or prehistoric materials are removal. uncovered during mining operations; Instructing employees of the importance of and regulatory obligations to protect cultural resources 1 These requirements, mitigation plans, and monitoring plans are in place for the existing Jacobs Ranch Mine in its current approved

4-35 mining and reclamation plan (the No-Action Alternative). If the North Jacobs Ranch LBA Tract is leased, these requirements, mitigation plans, and monitoring plans would be part of a mining plan revision covering the North Jacobs Ranch LBA Tract that must be approved before mining can occur on the tract under the Proposed Action, Alternative 2 or 3. 4.0 EnvironmentalConsequences 4-36 Table 4-3. Regulatory Compliance, Mitigation and Monitoring Measures required under the Proposed Action, Alternative 1 (No Action), Alternative 2, or Alternative 3. (Continued)

Regulatory Compliance or Mitigation Required by RESOURCE Stipulations or Required by State or Federal Law1 MONITORING1 Native Notifying Native American tribes with known interest in this area of leasing action No specific monitoring program American and request for help in identifying potentially significant religious or cultural sites Concerns

Paleontological Notifying appropriate federal personnel if potentially significant paleontological No specific monitoring program Resources sites are discovered during mining

Visual Restoring landscape character during reclamation through return to approximate No specific monitoring program Resources original contour and revegetation with native species

Noise Protecting employees from hearing loss MSHA inspections Final EIS,North JacobsRanch Coal LeaseApplication Transportation Relocating existing pipelines, if necessary, in accordance with specific agreement No specific monitoring program Facilities between pipeline owner and coal lessee.

Socioeconomics Paying royalty and taxes as required by federal, state, and local regulations. S u r v e y i n g a n d r e p o r t i n g t o document volume of coal removed.

Hazardous & Disposing of solid waste and sewage within permit boundaries according to No specific monitoring other than Solid Waste approved plans; required by these other regulations Storing and recycling waste oil; and response plans. Maintaining of files containing Material Safety Data Sheets for all chemicals, compounds, and/or substances used during course of mining; Ensuring that all production, use, storage, transport, and disposal of hazardous materials is in accordance with applicable existing or hereafter promulgated federal, state, and government requirements; Complying with emergency reporting requirements for releases of hazardous materials as established in CERCLA, as amended; Preparing and implementing spill prevention control and countermeasure plans, spill response plans, inventories of hazardous chemical categories pursuant to Section 312 of SARA, as amended; Preparing emergency response plans;

1 These requirements, mitigation plans, and monitoring plans are in place for the existing Jacobs Ranch Mine in its current approved mining and reclamation plan (the No-Action Alternative). If the North Jacobs Ranch LBA Tract is leased, these requirements, mitigation plans, and monitoring plans would be part of a mining plan revision covering the North Jacobs Ranch LBA Tract that must be approved before mining can occur on the tract under the Proposed Action, Alternative 2 or 3. 4.0 Environmental Consequences

One issue of current concern is the additional special stipulations that release of NOx from blasting, and the should be added to the BLM lease or resulting formation of low-lying areas where additional or increased orange clouds that can be carried monitoring measures are outside the mine permit areas by recommended. wind. As a result of this concern, industry and agency representatives 4.4 Residual Impacts have met and discussed possible causes and solutions, including Residual impacts are unavoidable improving blasting techniques or impacts that cannot be mitigated and explosives and reducing powder would therefore remain following factors. A monitoring program mining and reclamation. measuring NO2 concentrations in areas accessible to the public near 4.4.1 Topography and Physiography coal mining operations was conducted in 1999 (see discussion in Topographic moderation is a Section 4.5.4). In addition, WDEQ permanent consequence of mining. has directed some mines to take steps The indirect impacts of topographic designed to mitigate the effects of NO2 moderation on wildlife habitat emissions occurring from overburden diversity would also be considered blasting. The steps that may be permanent. required include: public notifications (in the form of warning signs along 4.4.2 Geology and Minerals public roadways for example); temporary closure of public roadways Geology from the base of the coal to near a mine during and after a blast; the surface would be subject to establishment of safe set-back significant, permanent change. CBM distances from blasting areas; resources not recovered prior to prohibiting blasting when wind mining would be permanently lost. direction is toward a neighbor; prohibiting blasting during 4.4.3 Soils temperature inversions; establishment of monitoring plans; Existing soils would be mixed and estimation of NO2 concentrations; and redistributed, and soil-forming development of blasting procedures processes would be disturbed by that will protect public safety and mining. This would result in long- health. term alteration of soil characteristics.

After reviewing the required 4.4.4 Air Quality mitigation and monitoring in the current Jacobs Ranch Mine Mining No residual impacts to air quality and Reclamation Permit and the would occur following mining. historical monitoring results in the Jacobs Ranch Mine annual mine reports, the BLM has not identified

Final EIS, North Jacobs Ranch Coal Lease Application 4-37 4.0 Environmental Consequences

4.4.5 Water Resources slope-dependent shrub communities. This would reduce the carrying The area where groundwater capacity of the land for drawdowns and replacement of coal shrub-dependent species. and overburden with spoils occur would be increased under the action 4.4.10 Threatened, Endangered, and alternatives compared to what would Candidate Species occur without the addition of the LBA tract. The postmining backfill may No residual impacts to T&E or take in excess of 100 years to reach candidate species are expected. equilibrium water levels and water quality. Less time would be required 4.4.11 Land Use and Recreation near the mining boundaries. Water level and water quality in the backfill No residual impacts to land use and would be suitable to provide water to recreation are expected. wells for livestock use, but would be different from premining conditions. 4.4.12 Cultural Resources

4.4.6 Alluvial Valley Floors Cultural sites that are determined to be eligible for the NRHP and that No residual impacts to alluvial valley cannot be avoided are destroyed by floors would occur following mining. surface coal mining after data from those sites is recovered. Sites that 4.4.7 Wetlands are not eligible for the NRHP are lost.

Replaced wetlands (jurisdictional or 4.4.13 Native American Concerns functional) may not duplicate the exact function and landscape features No residual impacts to Native of the premining wetland. American concerns have been identified. 4.4.8 Vegetation 4.4.14 Paleontological Resources Reclaimed vegetative communities may never completely match the No residual impacts to significant surrounding native plant community. paleontological resources are expected. 4.4.9 Wildlife 4.4.15 Visual Resources Although the LBA tract would be reclaimed to be as near original No residual impacts to visual condition as possible, there would be resources are expected. some residual wildlife impacts. The topographic moderation would result in a permanent loss of habitat diversity and a potential decrease in

4-38 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences

4.4.16 Noise (depending on saturation, how close the next mine pit is, etc.); and 4) the No residual impacts to noise are intensity and extent of CBM expected. development is speculative.

4.4.17 Transportation Facilities Since decertification of the Powder River Federal Coal Region in 1990, No residual impacts to transportation the Wyoming State Office of the BLM facilities are expected. has held thirteen competitive coal lease sales and issued ten new federal 4.4.18 Socioeconomics coal leases containing approximately 2.747 billion tons of coal using the No residual impacts to LBA process (Table 1-1). This leasing socioeconomics are expected. process has undergone the scrutiny of two appeals to the Interior Board of 4.5 Cumulative Impacts Land Appeals and one audit by the General Accounting Office. Cumulative impacts result from the incremental impacts of an action The Wyoming BLM has pending added to other past, present, and applications for eight additional reasonably foreseeable future actions, maintenance tracts for existing mines regardless of who is responsible for containing about 2.3 billion tons of such actions. Cumulative impacts coal (Table 1-2). All of the pending can result from individually minor, applications have been reviewed and but collectively significant, actions recommended for processing by the occurring over time. PRRCT.

This section briefly summarizes the BLM completed one exchange in the cumulative impacts that are Powder River Basin in 2000, occurring as a result of existing authorized by Public Law 95-554. development in the area being mined Under this exchange, EOG resources and considers how those impacts (formerly Belco) received a federal would change if the North Jacobs lease for a 106-million ton portion of Ranch LBA Tract is leased and mined the Hay Creek Tract adjacent to the and if other proposed development in Buckskin Mine in exchange for the the area occurs. rights to a 170-million ton coal lease near Buffalo, Wyoming that is Important points to keep in mind unmineable due to construction of include: 1) the total areas of all Interstate Highway 90 (BLM 1999b). mines would not be disturbed at once; 2) the number of acres, type of The Wyoming and Montana BLM vegetation, etc., disturbed would vary state offices completed a study from year to year; 3) the impacts to entitled "Powder River Basin Status groundwater would vary as mining Check" in 1996 (BLM 1996f). The progresses through each permit area purpose of this study was to

Final EIS, North Jacobs Ranch Coal Lease Application 4-39 4.0 Environmental Consequences document actual mineral 1988), which is frequently referred to development impacts in the PRB from as “the CHIA.” 1980 to 1995 and compare them with mineral development impacts that Since 1989, coal production in the were predicted to occur by 1990 in Powder River Basin has increased by the five previously prepared PRB an average of 6.8 percent per year. regional EIS’s. Portions of the status The increasing state production is check were updated prior to the 1997 primarily due to increasing sales of and 1999 PRRCT public meetings in low-sulfur, low-cost PRB coal to Casper, Wyoming and Billings, electric utilities who must comply Montana. with Phase I requirements of Title III of the 1990 Clean Air Act Four of the previously prepared Amendments. Electric utilities regional EIS’s evaluated coal account for 97 percent of Wyoming's development in the PRB in Wyoming. coal sales. They are: The currently operational mines in Final Environmental Impact Statement, Campbell and northern Converse Eastern Powder River Basin of Counties are shown in Figure 1-1. Wyoming, BLM, October 1974; Their current status and ownership are shown in Table 4-4. There have Final Environmental Impact Statement, been numerous changes in mine Proposed Development of Coal ownership during the last decade, Resources in the Eastern Powder River and this has resulted in mine Basin of Wyoming, BLM, March 1979; consolidations and mine closings within the basin. Final Powder River Regional Coal Environmental Impact Statement, BLM, The mines are located just west of the December, 1981; and outcrop of the Wyodak coal, where the coal is at the shallowest depth. Draft Environmental Impact Statement The mines in Campbell and Converse for Round II Coal Lease Sale in the counties produce 85 to 95 percent of Powder River Region, BLM, January the coal produced in Wyoming each 1984. year. Table 4-5 summarizes predicted coal mining activity (from For Wyoming, the status check the 1979 and 1981 regional EIS’s) compared actual development in with actual activity that has occurred Campbell and Converse counties with since the EIS’s were prepared. predictions in the 1979 and 1981 Final EIS’s, and USGS Water Campbell and Converse counties’ oil Resources Investigations Report 88­ production decreased to 17.9 million 4046, entitled "Cumulative Potential barrels of oil in 1999 from 32.8 Hydrologic Impacts of Surface Coal million barrels in 1992, a 45.4 Mining in the Eastern Powder River percent decrease. Currently, oil Structural Basin" (Martin, et al., prices are increasing and it is unclear

4-40 Final EIS, North Jacobs Ranch Coal Lease Application Final EIS,North JacobsRanch Coal LeaseApplication Table 4-4. Status of Wyoming Powder River Basin Coal Mines. Coal Production 1 Coal Production 1

1994 Mine 1993 1994 1999 Mine 1999 2000 2000 Mine Operator Actual2 Permitted4 Operator Actual3 Permitted4 Status/Comments Buckskin SMC (Zeigler) 11.18 24.0 Vulcan Coal 15.59 22.0 Active Clovis Point Kerr-McGee 0 4.0 Wyodak 0 4.0 Mine shut down/leases relinquished Resources or sold; facilities sold; Wyodak has AQD permit Dry Fork Phillips/WFA 3.28 15.0 WFA 1.22 15.0 Active Eagle Butte Cyprus-Amax 16.70 29.6 RAG American 17.42 35.0 Active Fort Union Fort Union Ltd 0.06 9.3 Kennecott/Kfx 0.03 9.4 Inactive Rawhide Carter (Exxon) 9.86 24.0 Peabody 0.81 24.0 Inactive Wyodak Wyodak Resources 3.03 10.0 Wyodak 3.18 10.0 Active Resources NORTHERN MINE GROUP TOTALS 44.11 115.9 38.25 119.4 Belle Ayr Cyprus-Amax 15.59 25 RAG American 17.89 45 Active Caballo/N. Carter (Exxon)/ 15.42 40 Peabody 26.47 40 Active/Caballo Mine + former Rocky Caballo Western Energy Butte & West Rocky Butte leases Cordero Rojo Kennecott/ 21.01 44 Kennecott 45.67 65 Active/Cordero + Caballo Rojo Mines Drummond Coal Creek ARCO 0.11 18 Arch 11.23 18 Inactive CENTRAL MINE GROUP TOTALS 52.13 127 101.26 168 Antelope Kennecott 7.29 12 Kennecott 22.69 30 Active

Black Thunder ARCO 34.32 36 Arch 48.67 100 Active 4.0 EnvironmentalConsequences Jacobs Ranch Kerr-McGee 18.39 25 Kennecott 29.08 50 Active N. Antelope/ Peabody 32.94 50 Peabody 38.87 75 Active/North Antelope Mine + Rochelle Rochelle Mine N. Rochelle SMC (Zeigler) 0.02 8 Vulcan Coal 8.17 35 Active/facilities constructed in 1998­ 99 SOUTHERN MINE GROUP TOTALS 92.96 131 177.48 290

TOTALS FOR 3 MINE GROUPS 189.2 373.9 316.99 577.4 1 Actual production (million tons) on left, permitted production (million tons) on right. 2 Source: Wyoming State Geological Survey GEO-NOTES, August 1994. 3 Source: Wyoming State Inspector of Mines ANNUAL REPORT for 1999. 4-41 4 Source: Judy Shamley, WDEQ/AQD, personal communication November 6, 2000. Figures are permitted capacity as of October 1, 2000. 4.0 EnvironmentalConsequences 4-42 Table 4-5. Coal Production and Development Levels, Campbell and Converse Counties, Wyoming.

Number Number Number of of of Active Coal Active Existing Coal Direct Average Production Coal Power Enhancement Coal Price-NE (Million Tons) Mines Plants Facilities Employment Wyoming

1979 Predictions for 1990 174.3 15 2 1 3,889 na

1981 Predictions for 1990 318.4 37 3 1 11,900 na

Actual 1990 162.6 18 3 1 2,862 $6.86

Actual 1994 216.9 19 4 1 3,126 $5.62

Actual 1995 246.5 19 4 1 3,177 $5.60 Final EIS, North JacobsRanch CoalLeaseApplication Actual 1996 261.1 18 4 2 3,274 $5.40

Actual 1997 264.1 18 4 2 3,164 $5.03

Actual 1998 297.5 16 4 2 3,348 $4.73

Actual 1999 319.9 151 4 2 3,362 $4.66

Existing Power Plants: PP&L Dave Johnson, PP&L Wyodak, Black Hills Simpson #1, and Black Hills Simpson #2

Proposed New Power Plants NAPG Two Elk, NAPG Two Elk Unit Two, Zeigler ENCOAL, Calpine & Black Hills Wygen #1 and NAPG Middle Bear

Existing Coal Enhancement: ENCOAL-Buckskin (inactive), KFx-Fort Union (active), and Wyodak Eartheo (active)

1 Includes the Dave Johnson Mine, which is not included in Table 4-4.

Sources: 1979 and 1981 BLM Powder River Basin Regional EISs, Wyoming State Geological Survey Geo-notes-1996-99, and Wyoming State Inspector of Mines Annual Reports, 1990-99. 4.0 Environmental Consequences if this trend of decreasing oil conventional oil and gas development production will continue in the within the Wyoming portion of the foreseeable future. PRB. The EIS will analyze the potential impacts of proposed Natural gas production has been additional CBM development in the increasing, particularly in Campbell Wyoming portion of the basin and County, due to the development of update the BLM planning documents shallow CBM resources west of the in the area of CBM development coal mines. CBM exploration and interest. The regional coal EIS’s (BLM development is currently ongoing 1974, 1979, 1981, 1984) and the throughout the PRB in Wyoming, and Buffalo RMP (BLM 1985) analyzed oil it is estimated that as of October and gas development, but did not 2000 there were more than 5,000 anticipate that the oil and gas productive wells in place. Most of development would include these wells have been drilled in production of CBM resources. Campbell County. Since the early 1990's, the BLM has completed Under the current process for numerous EAs and two EISs approving CBM drilling, CBM wells analyzing CBM projects. The last EIS can be drilled on private and state oil was the Wyodak CBM Project EIS, and gas leases after approval by the which was completed in 1999. The Wyoming Oil and Gas Conservation Wyodak EIS project area included Commission and the Wyoming State 3,600 square miles of mixed federal, Engineer’s Office. On federal oil and state, and private lands. The EIS gas leases, BLM must analyze the analyzed the impacts of drilling and individual and cumulative producing up to 5,000 new federal, environmental impacts of all drilling, state, and private CBM wells in as required by NEPA, before CBM addition to the 890 wells that had drilling on the federal leases can be been evaluated in previous NEPA authorized. In many areas of the PRB documents. BLM recently completed the coal rights are federally owned, an EA to analyze the impacts of but the oil and gas rights are drilling as many as 2,500 additional privately owned. A June 7, 1999 federal drainage protection wells Supreme Court decision (98-830) within the Wyodak EIS project area. assigned the rights to develop CBM These wells will be drilled and on a piece of land to the owner of the produced to prevent the loss of oil and gas rights. federal CBM resources and corresponding royalties from Other mineral development levels in undrilled federal oil and gas leases the Wyoming PRB are currently lower that are adjacent to and potentially than predicted in the EIS’s. In the being drained by wells drilled on 1970's, significant uranium private or state oil and gas leases. development was anticipated in BLM is also preparing an EIS to southwest Campbell County and analyze the cumulative impacts of northwest Converse County. This reasonably foreseeable CBM and development did not materialize

Final EIS, North Jacobs Ranch Coal Lease Application 4-43 4.0 Environmental Consequences because the price of uranium dropped group since decertification (Jacobs in the early 1980's. There are Ranch, West Black Thunder, North currently two in situ uranium Antelope/Rochelle, Antelope, North operations in Converse and Johnson Rochelle, Powder River, counties, but no mines and no mills. Thundercloud, and Horse Creek--see There were three active in situ Table 1-1). There are also five operations in the PRB in 1999, but pending maintenance leases one of them, located in southeastern including approximately 17,400 acres Johnson County, has since ceased of federal coal in the southern group operations. Uranium production has of mines (North Jacobs Ranch, NARO, been increasing in recent years, but is Little Thunder, West Roundup, and expected to decrease this year West Antelope--see Table 1-2). because prices are decreasing due to international purchases of Russian CBM wells have been drilled around uranium from stockpiles and the Jacobs Ranch, Black Thunder, decommissioning of uranium-based and North Antelope/Rochelle mines. weapons (WSGS 2000). CBM drilling and production is expected to continue in the areas Scoria is quarried for use as road around the coal mines, and on the surfacing material, primarily by coal LBA’s. Due to the proximity of the mines but also by a few excavation coal mining and CBM production and construction firms. Bentonite is operations, cumulative impacts to mined in parts of the Wyoming PRB, groundwater, surface water, air but not in Campbell or Converse quality and wildlife are likely to occur Counties. as more CBM resources are developed adjacent to existing surface coal The proposed North Jacobs Ranch mines. These potential impacts are LBA Tract is situated within a nearly discussed in the following cumulative continuous corridor of five coal mines impact discussion for these (counting the North Antelope/ resources. Rochelle Complex as one mine) in northern Converse and southern In addition to the ongoing coal mining Campbell counties, Wyoming (see and leasing and the CBM Figure 3-1). This southern mine development, other projects are in corridor is approximately 24 miles progress or planned in the vicinity of long and eight miles wide. Production the southern mine group, including of coal in this southern mine group construction and operation of the began in 1977 at the Black Thunder North American Power Group’s Two Mine. The current maximum Elk and Two Elk Unit 2 Power Plants permitted production rate for these east of the Black Thunder Mine; five mines is 290 million tons per year construction of Wygen #1 power plant (Table 4-4). Eight maintenance which has been proposed at the leases, including approximately Wyodak Mine site; construction and 20,954 acres of federal coal, have operation by North American Power been issued to mines in this southern Group of a 500-megawatt coal fired

4-44 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences power plant at the Cordero Rojo complete on August 5, 1997. The Complex; and construction and use of Two Elk project received a Permit to the proposed DM&E rail line. One Construct from WDEQ/AQD on project, the ENCOAL facility, which at February 27, 1998. On February 17, one time was scheduled for 2000 the applicant was granted a construction at the North Rochelle permit modification by WDEQ/AQD. Mine, has been indefinitely delayed. The modification allows for relocation The Two Elk and DM&E projects, due of the plant based on soils and to their locations, could have directly geotechnical considerations and also overlapping impacts with the impacts changes the original power plant of mining the North Jacobs Ranch design. The permittee has two years LBA Tract. The proposed Wygen#1 from the date of issuance to begin plant would be located at the Black construction. No final decisions have Hills Corporation energy complex been made as to how much water near Gillette, Wyoming, and the would be used, or where it would be proposed North American Power obtained. Various scenarios for “wet” Group plant would be located at the and “dry” operations are being Cordero Rojo Complex. The impacts evaluated at this time. Other permits of mining the North Jacobs Ranch that will be obtained include a LBA Tract would not be expected to wastewater permit from WDEQ and overlap with the impacts of building various construction and waste and operating these power plants. disposal permits from the state and county. An EIS will also be necessary Two Elk would be a coal-fired power to address the transmission line and plant located east of Black Thunder access road, which both cross lands Mine and would generate 310 Mw. under USFS jurisdiction. According The plant would burn low-Btu “waste to a recent article in the Gillette News coal” and coal fines from nearby Record, construction could begin on mines as well as sub-bituminous coal this plant in 2000 (Gillette News in a pulverized coal boiler. This Record 2000a). ability to burn low Btu waste coal and fines would allow the Two Elk plant to The Black Hills Wygen #1 power plant recover fuel values that might would be a coal-fired power plant otherwise be lost and thereby located near Gillette, Wyoming which generate electric power more would generate 80 Mw. According to efficiently than existing coal-fired a September 27, 2000 press release, plants. Coal and waste coal would be the plant would burn approximately transported from the mine to the 500,000 tons of low-sulfur coal power plant by direct truck haul on annually. The coal could be mined at unpaved roads, and ash would be the adjacent Wyodak Mine. The plant returned to the mine by enclosed, 4­ is expected to be operational by wheel off-highway trucks. An January 2003, and Black Hills application for an air quality Permit estimates that the project will employ to Construct was submitted to WDEQ about 300 people during the and was deemed administratively construction period.

Final EIS, North Jacobs Ranch Coal Lease Application 4-45 4.0 Environmental Consequences

North American Power Group recently of the basin; however, reclamation announced plans to build a second has not proceeded as rapidly as power plant adjacent to the Black predicted in the regional EIS’s (see Thunder Mine as well as a 500­ Table 4-6). megawatt coal fired power plant next to the Cordero Rojo Complex Mine Table 4-6 compares the 1979 and south of Gillette (Casper Star-Tribune 1981 predictions of surface coal April 9, 2001). The plant would burn mining disturbance and reclamation about 3 million tons of coal per year areas with actual disturbance and and will be completed by about 2005 reclamation areas. The 1979 and if all permits are approved. 1981 EIS estimates exclude acres of disturbance occupied by mine The Surface Transportation Board facilities. Information about the preliminarily approved the DM&E number of acres of disturbance Railroad expansion plan (to build 262 occupied by facilities is available for miles of new track in the Powder most mines and has been subtracted River Basin and to rehabilitate 650 from the total disturbance area in miles of track across South Dakota Table 4-6. Reclamation is a process and Minnesota) on December 11, involving many steps, and seeding 1998. The approval was made with the final seed mixture happens pending the completion of an analysis near the end of the process. Table 4­ of the environmental impacts of the 6 shows the area for which project. The Surface Transportation reclamation has proceeded to the Board released the draft EIS for stage of backfilling and grading. public comment in September 2000, and the public comment period for The development of reclamation the draft EIS ended on March 6, schedules for PRB mines must take 2001. The DM&E had proposed to into account various unique factors: start construction in 1999 and - Very thick coal seams; complete the new railroad line in - Diverse premining topography; 2001; however, final approval and - Surface-mining methods using construction cannot take place until trucks and shovels combined after the environmental analysis is with draglines; and completed. The proposed route in - Large-volume material Wyoming will generally follow along movements. the Cheyenne River valley. These factors affect the amount of The status check identified one part reclamation that can be accomplished of the coal mining process where the at any given time. actual levels of development did not agree with the predictions, and this Achievement of final postmine was the number of acres reclaimed. topography immediately following In general, coal mine reclamation mining is not always possible. The efforts have been successful in both mining plan dictates the backfill the Wyoming and Montana portions placement and timing sequence and

4-46 Final EIS, North Jacobs Ranch Coal Lease Application Final EIS, North JacobsRanch CoalLeaseApplication Table 4-6. Predicted and Actual Coal Mine Disturbance and Reclamation, Campbell and Converse Counties, Wyoming. Cumulative Surface Long-Term Disturbance Coal Mining or Area Mining Reclamation Available for Acres Disturbance Facilities Reclamation Backfilled Percent Year (Acres) (Acres) (Acres) and Graded Reclaimed 1979 EIS Prediction for 1990 na na 22,794 12,666 55.57%

1981 EIS Prediction for 1990 na na 48,400 34,100 70.45%

Actual 1990 31,797 na na 6,994 22.00%

Actual 1996 47,018 na na 12,165 25.87%

Actual 2000 56,707 16,540 40,177 17,234 42.90% Source: Mark Humphrey, OSM, Casper. 4.0 EnvironmentalConsequences 4-47 4.0 Environmental Consequences must take into account changing For the southern group of mines, strip ratios which create material approximately 40 percent of the area surpluses or deficits. Stockpiling, of disturbance has been backfilled which may be required to fill final pit and graded. At Jacobs Ranch Mine, voids or store new pit boxcut 413.7 acres were disturbed in 1999 material, affects the backfill material and 259.1 acres were seeded to the balance. Operating changes can also permanent vegetation species. As of affect the backfill placement timing September 30, 2000, 74 percent of and sequence. Some examples the disturbed area available for include changing the pit direction to reclamation had been backfilled and conform to lease configuration, graded and 67 percent had been changing plans to accommodate soiled, seeded and planted. production growth and changes in technology or mining method. The 4.5.1 Topography and Physiography achievement of contemporaneous reclamation is evaluated on a site-by­ Following surface coal mining and site basis by the WDEQ taking the reclamation, topography will be mining complexities unique to each modified in an elongated corridor east mine into account. of and paralleling Highway 59 from just north of Gillette, Wyoming, south Currently, WDEQ/LQD suggests to for about 75 miles. The topography operators that only large, contiguous in the PRB is characterized by areas such as drainage basins be relatively flat or rolling topography. considered for bond release, with the After reclamation, these assurance that the area will not be characteristics will be emphasized in disturbed in the future. Because the reclaimed area. In general, in the many mine plans cross a drainage mining corridor, premining features basin several times during the life of that were more topographically mine, final reclamation of the unique (e.g., steeper hills and gullies, drainage may not occur until late in rock outcrops, etc.) will generally be the life of mine. This issue is further smoothed. As indicated in Section complicated when two operators are 4.1.1, the premining topography of mining in the same drainage on the North Jacobs Ranch LBA Tract is different reclamation schedules, in relatively flat, and for this tract, the that bond release for the first expected post-mining topography is operator to mine the basin could be expected to be similar to the pre- held until the second operator’s mining topography. The overall portion of the basin is reclaimed. reduction in topographic diversity in Due to the uncertainties involved the the mining corridor may lower the process of applying for and receiving carrying capacity for big game in the final bond release, most companies reclaimed areas; however, big game are electing to postpone the initiation ranges are generally very large and of bond release until late in the life of mining activities are, in general, not mine. located in habitats defined as crucial. The overall flattening and lowering of

4-48 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences the topography would result in reclamation rates are expected to increased infiltration of surface water continue to increase through the year and reduced peak flows from the 2015, but the balance between drainages. These changes would not reclamation and mining should be significant because the streams remain about the same. In the PRB, typically flow from west to east across the coal reserves currently leased the area rather than north to south represent a small percentage of the along the entire corridor. Therefore, total coal reserves but a large only a small part of each streamGs percentage of the shallowest (hence drainage area would be disturbed (see the most economical to recover) coal Section 4.5.5). There would be no reserves. Within the five southern significant cumulative impacts to mines, approximately 42,600 acres of topography and physiography due to federal coal are currently leased. This the proximity of coal mining, CBM is about a 57 percent increase over development, and the proposed the 27,160 acres of federal coal that construction of the railroad line and were leased in the southern group of ENCOAL and Two Elk power plants in mines in 1990, prior to this area because the construction decertification. Under the Proposed and operation of those projects would Action, approximately 4,821 cause minimal topographic and/or additional acres of federal coal would physiographic changes. be leased, which would represent an 11 percent increase in the area of 4.5.2 Geology and Minerals leased federal coal in the southern group of five mines. The area of The PRB coalfield encompasses an disturbance associated with mining area of about 12,000 mi2. Finley and these leases, which would be greater Goolsby (2000) estimate that there than the leases themselves, is are approximately 587 billion tons of discussed in other parts of this coal in beds thicker than 20 feet and analysis (e.g., section 4.5.3). deeper than 200 feet in the basin. The Wyodak coal bed is estimated to Coal and CBM are non-renewable contain 17.9 billion tons of strippable resources that form as organic matter coal reserves with 200 feet or less of decays and undergoes chemical overburden (Glass 1997). Converse changes over geologic time. The CBM County has a total area of 4,050 mi2 and coal resources that are removed of which slightly less than 1 percent to generate heat and power would not is within current permit boundaries. be available for use in the future. No Campbell County has a total area of potential damages to the coal about 4,760 mi2, of which resulting from removal of the CBM approximately 4 percent is within and water prior to mining have been current mine permit boundaries. identified. The CBM operators Coal mining in this area disturbs generally do not completely dewater about 2,000 acres annually with the coal beds to produce the CBM about 1,850 acres reclaimed annually because that could damage fractures (BLM 1996g). Mining and in the coal and limit CBM production.

Final EIS, North Jacobs Ranch Coal Lease Application 4-49 4.0 Environmental Consequences

Construction of the proposed railroad construction of the proposed power line and power plants would not plants and railroad line. impact the geology or mineral resources in the area, so there would 4.5.4 Air Quality be no overlapping impacts related to these projects. According to current regulatory standards by which air quality is 4.5.3 Soils defined, surface mining and CBM development in the PRB have not The five existing southern mines resulted in impacts to air quality that would disturb approximately 63,500 have exceeded federal or state acres throughout their combined lives standards. (they would disturb about 1,200 acres annually during active mining at the Based on predictive models currently planned mining rates). This conducted for PRB mines, mining estimate includes the North Rochelle, operations do not have significant off- Powder River, Thundercloud and site particulate pollution impacts, recently leased Horse Creek LBA even when production and pollution tracts. If the North Jacobs Ranch from neighboring mines are LBA Tract is leased and mined, the considered. However, this prediction disturbance area in the southern has been based on the assumptions group of mines would increase to that mining activities are sufficiently approximately 69,000 acres. This removed from the permit boundaries would represent an additional 8.6 and that neighboring mines are not percent increase in disturbance. actively mining in the immediate Assuming ten years from initial vicinity (within 0.6-2.5 miles). disturbance to utilization of a parcel Previous modeling (BLM 1992a) has of reclaimed land by domestic shown that incremental particulate livestock, approximately 12,000 acres pollution impacts decrease to 3 (16.6 percent disturbed by Jacobs insignificant levels (<1 µg/m PM10 Ranch) would be unavailable for such annual average) within six miles of use at any given time during active active mining. mining. However, the replaced topsoil would support a stable and In cases where mines are in close productive native vegetation proximity (within two miles), WDEQ community adequate in quantity and follows a modeling protocol which quality to support planned accounts for all mine-generated postmining land uses (i.e., rangeland particulate air pollutants from all and wildlife habitat). nearby mines to determine impacts to ambient air quality. Known as the Additional, although less extensive, “Mine A/Mine B” modeling procedure, soil disturbance would be associated this model evaluates the total impacts with the proposed CBM development of a given mining operation, including west of the mines, and with those impacts from and on neighboring mines. In past modeling

4-50 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences conducted in support of Jacobs Ayr/Caballo, Cordero Rojo Complex, Ranch Mine’s air quality permit, the Black Thunder, and North Jacobs Ranch Mine has been subject Antelope/Rochelle Complex. Roads to Mine A/Mine B protocol. If the adjacent to mining activity were LBA tract is leased under the selected because they were areas Proposed Action or Alternatives 2 or 3 where the public exposure would be and past procedures are followed, most likely to occur. The Jacobs WDEQ would require that ambient air Ranch Mine did not have a specific quality modeling be conducted at the monitor on site; the nearest monitor Jacobs Ranch and Black Thunder was the one placed at the Black Mines for consideration of Thunder Mine. A 15 minute average incorporation of the North Jacobs was chosen to be the monitored Ranch LBA Tract on air quality. The increment for this study based on modeling protocol is restricted as a similar time intervals used for matter of state regulatory policy to National Institute for Occupational evaluation of the average annual Safety and Health and OSHA NO2 impacts with respect to the ambient work place standards. A summary of 3 standard of <50 µg/m PM10. The the data includes the following: Wyoming air quality standard is 50 µg/m3 which includes 15 µg/m3 • Approximately 95 percent of background concentration. the valid data points were

readings of 0 ppm NO2. Gaseous clouds produced by overburden blasting are a recent air • The maximum one-minute quality concern related to surface coal average valid values observed mining activities in the PRB. These for each of the six monitors clouds contain nitrogen oxides (NOx), ranged from 0 to 8.0 ppm NO2. and exposure to NOx that is present in the atmosphere above certain • The maximum one-minute levels can have human health average reading at Monitor 5, consequences (see Appendix F.) In the closest to Jacobs Ranch response to the need for information Mine, was 1.7 ppm NO2. about the levels of NOx present in these clouds, a collaborative group of • The maximum 15-minute PRB mines under the Air Quality average valid values observed Subcommittee of the WMA collected for each of the six monitors information on the contents of post- ranged from 0 to 1.65 ppm blast gas clouds in the summer of NO2. 1999. The report on the August 1999

WMA NOx monitoring is titled Powder • The maximum 15-minute

River Basin - Short-term Exposure NO2 average reading at Monitor 5 of

Study. During that study six 1.65 ppm NO2 demonstrated a monitors were placed at the following strong direction correlation mines to obtain a basin-wide data set: between NO2 readings and Eagle Butte, Wyodak, Belle temperatures. This correlation

Final EIS, North Jacobs Ranch Coal Lease Application 4-51 4.0 Environmental Consequences

indicates that these NO2 emissions in 1999, and about 18.75 readings may have been percent of the estimated methane inflated due to temperature emissions attributed to coal mining of considerations. all types.

The OSHA Immediately Dangerous to Table 7.2 of the EIA/DOE Coal Life and Health threshold is 20 ppm Industry Annual Energy Review for (37,600 µg/m3) and the EPA 1999 estimated that 688.3 million Significant Harm Level threshold is 2 short tons of coal were produced by ppm (3,760 µg/m3). The report also surface mines in the U.S. in 1999. includes summaries of historic Surface mines in Wyoming PRB annual and 24-hour monitoring that produced approximately 320 million has been conducted in the PRB and short tons in 1999, or about 46.5 other locations within the region. percent of the total production. Jacobs Ranch Mine’s 1999 Another air quality concern is the production was about 29.1 million venting of methane that occurs when short tons, or about 4.1 percent of coal is mined. As discussed in U.S. 1999 surface mine production. Section 3.3, methane (CBM) is Using these numbers, it is estimated generated from coal beds. When coal that the Wyoming PRB coal mines is mined, by surface or underground were responsible for approximately methods, the methane that is present 0.9 percent of the estimated U.S. in the coal is vented to the 1999 anthropogenic methane atmosphere. Methane is a emission, and Jacobs Ranch Mine greenhouse gas which contributes to was responsible for approximately global warming. According to the 0.08 percent of estimated U.S. 1999 Methane Emissions section of Energy anthropogenic methane emissions. Information Administration/ Department of Energy (EIA/DOE) In many areas, including the PRB, report 0573(99), Emissions of CBM is being recovered from the coal Greenhouse Gases in the United States and sold. On a large scale, recovery 1999, U.S. anthropogenic methane of CBM from the coal prior to mining emissions totaled 28.8 million metric by both surface and underground tons in 1999. U.S. 1999 methane methods could potentially gradually emissions from coal mining were reduce U.S. emissions of CBM to the estimated at 2.88 million metric tons atmosphere. In the PRB, CBM is (10.0 percent of the total being produced from the coal areas anthropogenic methane emissions in adjacent to and generally downdip of 1999). According to Table 15 of this the mines. CBM is currently being report, surface coal mining was produced from the coal included in estimated to be responsible for about the North Jacobs Ranch LBA Tract as 0.54 million metric tons of methane well as the surrounding area. As emissions in 1999. This represents discussed in Section 4.1.2, BLM about 1.88 percent of the estimated estimates that a large portion of the U.S. anthropogenic methane CBM reserves could be recovered

4-52 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences prior to initiation of mining activity on removal equipment is acquired. the North Jacobs Ranch LBA Tract Therefore, no significant change in under the Proposed Action or long-term cumulative air impacts are Alternatives 2 or 3. CBM reserves anticipated if the North Jacobs Ranch that are not recovered prior to mining LBA Tract is leased and mined as a would be vented to the atmosphere. maintenance lease for the Jacobs Ranch Mine. A regional cumulative impact analysis was performed in 1999 for the Horse The regional (far-range) cumulative Creek LBA EIS to estimate impacts on air quality analysis was carried out air quality in the year 2015 from the using the CALMET/CALPUFF Version Proposed Action and all other 5 model. Modeling was performed to reasonably foreseeable actions. This estimate impacts of NOx, SO2 and analysis, which is summarized in the particulate matter emissions on air following discussion, consisted of an quality, regional haze, and air quality update and modification to the May related values (AQRVs) at Class I and 1999 Wyodak CBM Project DEIS far- sensitive Class II areas within range cumulative air quality analysis approximately 150 miles (240 km) of (BLM 1999a, Greystone 1999). The Gillette, Wyoming. The area included cumulative air quality impacts were in the model analysis is shown in further updated in the recently Figure 4-3. The model analysis released Draft EIS for the DM&E results presented in this section Railroad Powder River Basin represent an indication of potential Expansion Project (Surface impacts based on currently available Transportation Board 2000), which modeling technology and anticipated modeled the potential impacts for levels of activity in the year 2015 (see several alternative proposed routes discussion below). for the railroad. A brief summary of the results of that analysis are Cumulative Emissions Inventory summarized in Appendix H. The changes in air emissions due to An inventory of incremental air mining the North Jacobs Ranch lease pollutant emissions was prepared as an extension of Jacobs Ranch using 1995 as the base year and Mine would be a change in the 2015 as the analysis year. The location of Jacobs Ranch Mine inventory utilized data assembled for emissions, and a longer duration of the Wyodak CBM Project cumulative mining activity at the Jacobs Ranch analysis, but included a number of Mine. Currently, the mine does not updates and revisions to incorporate propose to increase production if they newly available information. The acquire the tract. In fact, at the inventory included a breakdown of current time, JRCC anticipates that particulate matter emissions into production would decrease from three sub-groups: elemental carbon current levels when the North Jacobs particles (EC), organic carbon Ranch LBA Tract is mined, unless particles (OC), and other additional coal and overburden undifferentiated particles, including

Final EIS, North Jacobs Ranch Coal Lease Application 4-53 4.0 Environmental Consequences

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4-54 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences fugitive dust (PM10). The carbon production assumed for the particles, which are emitted primarily analysis represents about 71 from diesel engines (mine equipment percent of 1999 maximum and trains), were treated separately permitted production. because of their potential impact on regional haze. SO2 emissions from Incremental coal production blasting, trains and other diesel from 1995 to 2015 was engines were also included, again calculated for each of the 14 because of potential regional haze PRB mines active after 1999 impacts. (Table 4-4) by assuming each mine would produce 71 percent The four groups of air emission of 1999 permitted production. sources that were inventoried and the Emission increases for each sources of emissions data relied upon pollutant were estimated based are described below. on the ratio of emissions to coal production as shown by the • All stationary point sources most recent air quality that began operation after 1995 evaluation for each mine, or for and/or are permitted and a similar mine if recent data reasonably expected to be were unavailable. Planned operating after 1995. All major changes in mine plans permitted point source (e.g. use of conveyors to replace information was based upon haul trucks) were taken into state agency files, as obtained account where applicable. for the Wyodak CBM Project

DEIS (BLM 1999a). NOx is produced at mines by blasting, diesel equipment, and • Potential incremental increase on-site locomotives. The

in surface coal mining expected decrease in NOx emissions. Coal production in emissions from diesel the year 2015 is projected to equipment engines due to new total 387 million tons per year federal emission standards was for the PRB mines listed in taken into account in Table 4-5 (Resource Data estimating 2015 incremental International 1998). This is emissions. about 15 percent more than

the 1999 production and about SO2 emissions originate from 71 percent of the 1999 blasting, diesel equipment, and permitted production for active locomotives at each mine. mines shown in Table 4-4. The Incremental emissions were permitted production is the calculated from projected regulatory limit based on increases in fuel use, based on present air quality permits. data in recent mine analyses Thus, the reasonably for fuel use per unit of coal foreseeable 2015 coal production.

Final EIS, North Jacobs Ranch Coal Lease Application 4-55 4.0 Environmental Consequences

Particulate matter is generated calculating year 2015

at mines as fugitive dust (PM10), emissions by use of EPA’s and as engine emissions (a projected fleet average emission

combination of PM10, EC, and factors for that year.

OC). Fugitive PM10 emissions per unit of coal production • Wyodak CBM sources. were calculated from recent Emissions for the CBM data for each mine and used to development will originate from

estimate incremental emissions compressor engines (NOx),

f o r 2015 pr o d u c t i o n . vehicle tailpipe emissions (NOx),

Incremental emissions of PM10, road dust from vehicle traffic

EC, and OC from engines were (PM10), and fugitive dust from

calculated from projected fuel disturbed areas (PM10). Total use, using the proportions of emissions from all of these each particulate component in sources were taken from the diesel exhaust as given by Wyodak CBM DEIS analysis EPA’s source composition (BLM 1999a). library. Total emissions from all sources and • Coal transportation locomotive operations are shown in Table 4-7

emissions. Emissions of NOx, and Figure 4-4. These emissions

SO2, and particulate matter were modeled as point and area

(EC, OC, and PM10) from coal sources, as appropriate, using the train operations were CALMET/CALPUFF modeling system, calculated using EPA emission to estimate air quality impacts at the factors, locomotive fuel use, Class I and sensitive Class II areas and the reasonably expected shown on Figure 4-3. coal production for 2015. The proposed DM&E Railroad line Cumulative Air Quality Impacts was included in the analysis, using a potential route and Based on the emission increase number of trains suggested by inventories for all regional sources, DM&E. Fuel use and the maximum 3-hour, 24-hour, and

fraction of total traffic on each annual SO2 impacts, 24-hour and

of the existing BN and UP rail annual PM10 impacts, and annual

routes were provided by the NO2 impacts were modeled and railroads. Emissions compared to the PSD Class I assumptions and calculations increments at the Class I areas and to were provided to BN, UP, and the NAAQS at each sensitive Class II DM&E representatives for area. It is important to note that this review prior to use for is not a formal PSD increment modeling. EPA’s Tier I and Tier analysis, and the references to PSD II emission standards for new increments and NAAQS are intended and rebuilt locomotives were only as a basis for comparison. The taken into account in comparison does not constitute an air

4-56 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences

Table 4-7. Cumulative Pollutant Emissions for Far-Range Air Quality/AQRV Analysis. Emissions after 1995 (tons/year) Percent of Total Source NOx SO2 EC OC PM10 NOx SO2 EC OC PM10 Coal Mine Sources Coal Mines 2,475 12.2 0.0 0.0 0.0 0.0 Incremental Increase

(NOx from blasting, trains, vehicles) Coal Mines 4,234 0.0 0.0 0.0 0.0 24.2 Incremental Increase of Fugitive Dust Coal Mines 698 193 73 86 0.0 10.6 55.0 54.5 0.5 Incremental Increase from Mining Vehicles Coal Trains 7,262 888 158 61 70 35.9 13.4 45.0 45.5 0.4 Incremental Increase

Wyodak CBM Sources and Other Point Sources Proposed 2,806 13.9 0.0 0.0 0.0 0.0 Compressors Road Dust from 11,224 0.0 0.0 0.0 0.0 64.2 Vehicle Traffic Fugitive Dust 956 0.0 0.0 0.0 0.0 5.5 from Disturbed Areas Project Vehicle 18 0.1 0.0 0.0 0.0 0.0 Exhaust Other Point 7,662 5,032 917 37.9 76.0 0.0 0.0 5.2 Sources Total 20,223 6,618 351 134 17,487 100 100 100 100 100 quality regulatory determination. Air Visibility Impacts quality standards are most stringent at Class I areas (National Parks and Visibility impacts were calculated large designated wildernesses) to based on cumulative emissions afford the most protection for these impacts (modeled concentrations of pristine areas. The results of the air nitrate, sulfate, carbon, and other quality analysis for each area are particulate matter) within the provided in Table 4-8 and Figure 4-5, CALPUFF modeling domain. which demonstrates that maximum Extinction coefficients were computed projected cumulative impacts are and their effect on visibility assessed much smaller than regulatory by comparison to background standards and increments. extinction coefficients corresponding to the mean of the cleanest 20 percent IMPROVE (Interagency Monitoring of Protected Environments) visibility data from

Final EIS, North Jacobs Ranch Coal Lease Application 4-57 100%

90%

80%

70%

60%

50%

40%

30%

20%

10%

0% NOx SO2 Carbon PM-10 Pollutant Emissions

Mines Other Sources

Figure 4-4. Cumulative Pollutant Emissions from Mines and Other Sources. 4.0 Environmental Consequences

Table 4-8. Cumulative Far-Field Concentrations (percent of NAAQS).

Annual 24-hr Annual 3-hr 24-hr Annual

Area NO2 PM10 PM10 SO2 SO2 SO2 CUMULATIVE IMPACTS

Northern Cheyenne Reservation, MT 1.20 14.5 0.25 6.40 11.20 1.00 Badlands National Park, SD 50.40 16.25 1.25 14.4 24.00 10.50 Wind Cave National Park, SD 20.20 15.5 0.75 8.7 16.80 4.00

Class I PSD Increment (µg/m3) 2.54 8 25 5 2

Black Elk Wilderness, SD 0.09 0.69 0.10 0.19 0.22 0.09 (0.30) (0.12) Jewel Cave National Monument, SD 0.13 0.51 0.16 0.30 0.24 0.13 (0.34) (0.17) Mt. Rushmore National Monument, SD 0.08 0.67 0.10 0.15 0.15 0.08 (0.21) (0.10) Cloud Peak Wilderness, WY 0.01 0.60 0.08 0.08 0.09 0.01 (0.12) (0.02) Devils Tower National Monument, WY 0.13 0.53 0.32 0.22 0.14 0.09 (0.19) (0.12) National Ambient Air Quality 100 150 50 1300 365 80

Standard (µg/m3) Wyoming Ambient Air Quality 100 150 50 1300 260 60

Standard (µg/m3)

Note: Values shown within parentheses are the percentages of Wyoming’s standards for SO2.

Badlands National Park and the best visibility days in each area. On Bridger Wilderness. Seasonal average many of the days for which model- relative humidity values were used for predicted impacts occur, natural the comparison. atmospheric conditions and/or background air quality levels would Results of the visibility analysis are result in lower background visibility. shown in Table 4-9. Potential visibility reductions greater than the The model predicts that Badlands threshold values of 0.5 and 1.0 National Park would experience the deciviews are indicated for all Class I most significant visibility impacts in and sensitive Class II areas. The 2015. The indicated impacts in number of days with an indicated Badlands National Park are strongly potential change of one deciview or influenced by the close proximity of more ranges from four days in the the modeled DM&E rail route. The Cloud Peak Wilderness to 70 days in modeled route is only one of a Badlands National Park. It should be number of potential routes, and may recognized that the analysis results not be representative of the actual reflect potential impacts at any one or route to be selected, nor is the more receptors in each area (not at all modeled number of daily trains receptors), and that the indicated necessarily realistic of 2015 DM&E change is relative to the 20 percent of traffic. The results of the air quality

Final EIS, North Jacobs Ranch Coal Lease Application 4-59 Cumulative Concentrations Compared to PSD Increment

100

80

60

40

20

0 Annual NO2 24 hour PM-10 Annual PM-10 3 hour SO2 24 hour SO2 Annual SO2 Emissions

Northern Cheyenne Reservation Badlands National Park Wind Cave National Park

Cumulative Concentration Compared to Wyoming and National Standards

10

8

6

4

2

0 Annual NO2 24 hour PM-10 Annual PM-10 3 hour SO2 24 hour SO2 Annual SO2 Emissions

Black Elk Wilderness Jewel Cave National Monument Mt. Rushmore National Monument Cloud Peak Wilderness Devils Tower National Monument

Figure 4-5. Cumulative Far-Field Concentrations. 4.0 Environmental Consequences

Table 4-9. Predicted Annual Days of Visibility Reductions at Class I and Class II Sensitive Areas from Cumulative Sources.

Number of Number of Type Days Deciview Days Deciview Location of Area Change >0.5 Change >1.0 Northern Cheyenne Reservation Class I 18 8 Badlands National Park Class I 173 70 Wind Cave National Park Class I 94 45 Black Elk Wilderness Class II 66 28 Jewel Cave National Monument Class II 72 32 Mt. Rushmore National Monument Class II 58 22 Cloud Peak Wilderness Class II 15 4 Devils Tower National Monument Class II 70 28 Note: The Northern Cheyenne Reservation is a redesignated Class I area and is not addressed by existing visibility regulations which apply to the federally mandated Badlands and Wind Cave Class I areas. modeling update that was prepared other AQRVs in these areas was for the DM&E Railroad Powder River performed. The AQRVs of concern for Basin Expansion Project were the Class I and sensitive Class II recently released in the Draft EIS for areas include soil, water, flora, and that project (Surface Transportation fauna. For impacts to AQRVs, other Board 2000). A brief summary of the than visibility, acid deposition of results of that air quality analysis is nitrates and sulfates is of primary included in Appendix H. The interest due to its effects on lake Badlands National Park results in acidification, as well as possibly Table 4-9 reflect data for those areas affecting flora and fauna. of the Park more than 20 km (12 mi) from the modeled rail route. The The cumulative acid deposition CALPUFF modeling system in the analysis evaluated potential impacts version applied in the present to AQRVs by computing the amount analysis is not appropriate for of nitrogen and sulfur that would be definition of impacts at shorter deposited on land masses within the distances from linear sources such as Class I and II areas. Additionally, the railroads. potential effects of acid deposition on Florence Lake (a sensitive lake located AQRV Impact (Acid Deposition) within Cloud Peak Wilderness, Wyoming) were also evaluated at the In addition to evaluating potential request of the FS. Nitrogen would impacts to visibility in Class I and originate from wet and dry deposition sensitive Class II areas, an of nitrates and nitric acid, as well as assessment of potential impacts to dry deposition of NOx. Sulfur would

Final EIS, North Jacobs Ranch Coal Lease Application 4-61 4.0 Environmental Consequences originate from wet and dry deposition The results of the AQRV analysis for of sulfates and SO2. effects from acid deposition are summarized in Table 4-10 and To evaluate potential impacts to illustrated as Figure 4-6. The AQRVs, the wet and dry deposition of maximum annual deposition fluxes of the nitrogen and sulfur- containing nitrogen and sulfur due to cumulative chemicals were computed using the emissions are shown for each Class I CALPUFF model. Annual fluxes and II area. As the data show, the (mass per unit area) calculated for the highest nitrogen deposition would be Class I and sensitive Class II areas 0.24 lb/acre/year (Badlands National were compared to the limits of Park), a value that is only 8.82 acceptable change (2.7 to 4.5 percent of the lower limit of lb/acre/year) for evaluating effects on acceptable change. soil, flora, and fauna. The acid deposition calculations used in this The ANC calculation for Florence analysis followed the procedures Lake showed that the expected outlined in the IWAQM Phase 2 change in ANC due to cumulative Report (USEPA 1998) and FS acid deposition impacts would be guidance. 0.07 percent, a value much lower than the limit of acceptable change To evaluate the impacts to aquatic (10 percent). systems (Florence Lake) from acid deposition, the loss of acidification Discussion neutralization capacity (ANC), in micro-equivalents per liter (µeq/L), The Horse Creek cumulative air was computed using FS methods quality impact analysis indicates that (USFS 1987). Since the baseline ANC impacts in Class I and sensitive Class at Florence Lake is 37.6 µeq/L (USDA II areas, based on reasonably FS 1999), the limit of acceptable expected pollutant emission increases change in the ANC is 10 percent. through the year 2015, will be quite

Table 4-10. Predicted Levels of Acid Deposition from Cumulative Sources (Limit of Acceptable Change from 2.7 to 4.5 pounds/acre/year). Total Nitrogen Total Sulfur Area Deposition Deposition (%LAC) (%LAC) Northern Cheyenne Reservation 2.48 0.41 Badlands National Park 8.82 2.78 Wind Cave National Park 2.44 2.26 Black Elk Wilderness 1.74 2.19 Jewel Cave National Monument 1.89 2.82 Mt. Rushmore National Monument 1.11 1.85 Cloud Peak Wilderness 0.15 0.22 Devils Tower National Monument 1.63 2.04

4-62 Final EIS, North Jacobs Ranch Coal Lease Application 100

80

60

40

20

0 Northern Badlands National Wind Cave Black Elk Cheyenne Park National Park Wilderness Reservation

Class I Area

Nitrogen Deposition Sulphur Deposition

Figure 4-6. Cumulative Acid Deposition as Percent of Lower Limit of Acceptable Change. 4.0 Environmental Consequences through the year 2015, will be quite 4.5.5 Water Resources small with the exception of impacts on visibility. The DM&E modeling Surface Water analysis summarized in Appendix H also predicts that there will be Streamflows may be reduced during impacts to visibility (Figure H-6). In surface coal mining because SMCRA both analyses, the model results and Wyoming state regulations suggest that visibility impacts may require capture and treatment of all exceed LACs on some days in all runoff from disturbed areas in areas evaluated. Model-predicted sedimentation ponds before it is impacts in these analyses are affected allowed to flow off the mine permit by proximity to the modeled route of areas. Also, the surface coal mine the DM&E railroad. The LACs for pits in the PRB are large, and these visibility impacts, as well as those for pits, together with ponds and other AQRVs, are not regulatory diversions built to keep water out of limits, but represent federal land the pits, can intercept the runoff from managing agency polices for significant drainage areas. evaluating impacts. Changes in drainage patterns and The model-predicted numbers of days surface disturbance are decreasing of visibility impacts are an indication and will continue to decrease flows in of possible impacts. There are many most of the ephemeral and uncertainties involved in air quality intermittent drainages exiting at the model projections, particularly for mine sites. Development of CBM long-range transport modeling over resources in the area west of the large areas with widely varying terrain mines could potentially increase and land surface characteristics. The surface flow in some drainages. CALPUFF modeling system is Currently, there is methane relatively new and its calculation production occurring in the general algorithms and methods of analysis area. (CBM development application are still evolving. Results was not considered in the CHIA are subject to wide variability with the (Martin et al. 1988)). The amount of quality and quantity of input CBM produced water that ultimately meteorological data, the accuracy of reaches the major channels is emission estimates, the form of reduced by evaporation, infiltration representation of different types of into the ground, and surface sources, chemical reaction and landowners, who sometimes divert particle size assumptions, and other the produced water into reservoirs for factors. livestock use because it is of relatively good quality. The Wyodak CBM Project EIS (BLM 1999a, 1999c) evaluated impacts of CBM production within a much larger project area, extending from over 30 miles north of Gillette to over 60 miles south of

4-64 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences

Gillette, and extending westward from in 1981. The additional leases since the PRB coal mine areas for a that time have increased the distance of 18 to 36 miles. The permitted acreage by about 40 Wyodak CBM project evaluated 3,000 percent and would, under the same to 5,000 CBM wells that would each assumptions, increase the USGS’s generate 12 gpm of water. This water estimates of runoff increase by the would be discharged at an estimated same incremental amount. This 500 to 1,000 different locations over minor increase in runoff is small a period of 10 to 20 years. These compared to seasonal and annual water discharges would double the variability of runoff in the PRB. annual yield from the Upper Cheyenne drainages, in which the Drainage from all five southern mines southern mine cluster, including the combines where Black Thunder Creek Jacobs Ranch Mine, is located. These enters the Cheyenne River. The CBM water discharges would be drainage area of the Cheyenne River constant, as opposed to naturally at this point is approximately 2,430 occurring flows which fluctuate mi2. The entire area of disturbance widely on a seasonal and annual from these five mines as currently basis. Most streams in the area are permitted would impact naturally dry throughout most of approximately 2 percent of the each year. drainage basin of the Cheyenne River, and this disturbance would occur The PRB Oil and Gas EIS, which is over about 50 years. Proposed LBA’s currently in preparation, will include and recently issued leases would an evaluation of the surface water raise this disturbance acreage to impacts if 50,000 CBM wells are roughly 4 percent of the Cheyenne drilled in the PRB in the next ten River drainage basin at Black years. The project area for this EIS Thunder Creek. covers all of Campbell, Sheridan, and Johnson counties, as well as the Sediment concentrations should not northern portion of Converse County. increase significantly in area streams even with the addition of mining the The USGS has predicted that, after pending and recently issued LBA reclamation, major streams in the tracts because, as discussed in PRB will exhibit increased runoff Section 4.1.5, state and federal ranging from 0.4 percent in the regulations require that all surface Cheyenne River to 4.3 percent in Coal runoff from mined lands pass Creek due to cumulative disturbance through sedimentation ponds. The as a result of existing surface coal potential for cumulative adverse mining (Martin et al. 1988). This is impacts to the Cheyenne River based on the assumption that unit drainage is also minimal because it is runoff rates will be increased after typically dry for a substantial portion reclamation due to soil compaction, of the year. and the percentage changes in runoff are based on permitted mine acreages

Final EIS, North Jacobs Ranch Coal Lease Application 4-65 4.0 Environmental Consequences

The CBM discharges could result in Wyoming”, also known as the “CHIA” erosion and degradation of small (Martin, et al. 1988). This report drainages, which could affect water evaluates the potential cumulative quality and channel hydraulic groundwater impacts of surface coal characteristics. From a surface water mining in the area and is standpoint, the increased flows due to incorporated by reference into this CBM discharges and the reduced EIS. The CHIA analysis included the flows due to surface coal mining will proposed mining of all the 1987 tend to offset each other. However, leases at all of the existing mines in conflicts could also result. The CBM the southern mine group. It did not development takes place upstream evaluate potential groundwater from the mines. Provisions the mines impacts related to additional coal have taken to prevent water from leasing in this area and it did not entering the pits (e.g., storage ponds consider the potential for overlapping or diversions) could be adversely groundwater impacts from coal affected by having to deal with flows mining and CBM development. that were not included in designs or that change conditions for future Each mine must assess the probable designs. hydrologic consequences of mining as part of the mine permitting process. Groundwater The WDEQ/LQD must evaluate the cumulative hydrologic impacts As a result of statutory requirements associated with each proposed mining and concerns, several studies and a operation before approving the mining number of modeling analyses have and reclamation plan for each mine, been conducted to help predict the and they must find that the impacts of surface coal mining on cumulative hydrologic impacts of all groundwater resources in the anticipated mining would not cause Wyoming portion of the PRB. Some of material damage to the hydrologic these studies and modeling analyses balance outside of the permit area for are discussed below. each mine. As a result of these requirements, each existing approved In 1987, the USGS, in cooperation mining permit includes an analysis of with the WDEQ and OSM, conducted the hydrologic impacts of the surface a study of the hydrology of the coal mining proposed at that mine. If eastern PRB. The resulting revisions to mining and reclamation description of the cumulative permits are proposed, then the hydrologic effects of all current and potential cumulative impacts of the anticipated surface coal mining (as of revisions must also be evaluated. If 1987) was published in 1988 in the the North Jacobs Ranch LBA Tract is USGS Water-Resources Investigation leased to the applicant, the existing Report entitled “Cumulative Potential mining and reclamation permit for Hydrologic Impacts of Surface Coal the Jacobs Ranch Mine must be Mining in the Eastern Powder River revised and approved before the tract Structural Basin, Northeastern can be mined.

4-66 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences

Additional groundwater impact next ten years. The project area for analyses have also been conducted to this EIS covers all of Campbell, evaluate the potential cumulative Sheridan, and Johnson counties, as impacts of coal mining and CBM well as the northern portion of development. One example of these Converse County. analyses is the report entitled A Study of Techniques to Assess Another source of data on the Surface and Groundwater Impacts impacts of surface coal mining on Associated with Coal Bed Methane groundwater is the monitoring that is and Surface Coal Mining, Little required by WDEQ/LQD and Thunder Creek Drainage, Wyoming administered by the mining (Wyoming Water Resources Center operators. Each mine is required to 1997). This study was prepared as monitor groundwater levels and part of a cooperative agreement quality in the coal and in the involving WDEQ/LQD, the Wyoming shallower aquifers in the area State Engineer’s Office, the WSGS, surrounding their operations. BLM, OSM and the University of Monitoring wells are also required to Wyoming. The Wyodak CBM Project record water levels and water quality Draft EIS (BLM 1999a) presented the in reclaimed areas. results of a modeling analysis of the potential cumulative impacts of coal The coal mine groundwater mining and CBM development on monitoring data is published each groundwater in the coal and overlying year by GAGMO, a voluntary group aquifers as a result of coal mining formed in 1980. Members of GAGMO and CBM development. As a result of include most of the companies with comments received on this modeling operating or proposed mines in the analysis, it was revised and the Wyoming PRB, WDEQ, the Wyoming revised results were included in the SEO, BLM, USGS, and OSM. Wyodak CBM Project Final EIS (BLM GAGMO contracts with an 1999c), which was distributed to the independent firm each year to publish public on October 1, 1999. The the annual monitoring results. In technical report for both these 1991, GAGMO published a report modeling analyses is available for summarizing the water monitoring public review at the BLM office in data collected from 1980 to 1990 in Buffalo, Wyoming (Applied Hydrology the Wyoming PRB (Hydro-Engineering Associates, Inc. 1999). The results of 1991b). In 1996, they published a these previously prepared analyses report summarizing the data collected are incorporated by reference into from 1980 to 1995 (Hydro- this EIS. Engineering 1996a).

The PRB Oil and Gas EIS, which is The southern group of mines uses currently in preparation, will include about 1,736 ac-ft of water per year for an updated modeling analysis of the drinking, sanitation, washing groundwater impacts if 50,000 CBM equipment, and dust control. wells are drilled in the PRB in the Sources of this water include seepage

Final EIS, North Jacobs Ranch Coal Lease Application 4-67 4.0 Environmental Consequences into the mine pits, sediment- and overburden aquifers within the flood-control impoundments as well mine area and replacement of as production from the aquifers below these aquifers with spoil the coal. The five southern mines material; pump an estimated 1,400 ac-ft per year from the pits and dewatering S the extent of the temporary wells. lowering of static water levels in the aquifers around the mine Assessment of cumulative due to dewatering associated groundwater impacts in this EIS is with removal of these aquifers based on impact predictions made by within the mine boundaries; JRCC for mine-related drawdown at the Jacobs Ranch Mine and S the effects of the use of water extrapolating those drawdowns to from the subcoal Fort Union consider mining of the North Jacobs Formation by the mines; Ranch LBA Tract, along with previous drawdown predictions made within S changes in water quality as a the southern mine group that result of mining; and includes the Jacobs Ranch Mine. Figure 4-7 depicts the predicted S potential ov e r l apping extent of the 5-ft drawdown contour drawdown in the coal due to within the coal aquifer from the proximity of coal mining and various mining scenarios. The extent CBM development. of the 5-ft drawdown contour is used by WDEQ/LQD to assess the The impacts of large scale surface cumulative extent of impact to the coal mining on a cumulative basis for groundwater system caused by each of these issues are discussed in mining operations. In Figure 4-7, the following paragraphs. these predictions are compared to the predictions in the CHIA and The effects of replacing the coal monitoring information gathered aquifer and overburden with a spoils since publication of the CHIA. Figure aquifer is the first major groundwater 4-7 shows only the predicted concern. The following discussion of drawdowns in the coal aquifer due to recharge, movement, and discharge of mining because of the limited extent water in the spoil aquifer is excerpted of the saturated sand aquifers in the from the CHIA (Martin et al. 1988:24): Wasatch Formation overburden in the southern group of mines. Postmining recharge, movement and discharge The major groundwater issues related of groundwater in the to surface coal mining that have been Wasatch aquifer and identified by scoping are: Wyodak coal aquifer will probably not be S the effect of the removal of the substantially different coal aquifer and any

4-68 Final EIS, North Jacobs Ranch Coal Lease Application

4.0 Environmental Consequences

from premining conditions. and the currently proposed LBA Recharge rates and tracts including the North Jacobs mechanisms will not change Ranch LBA Tract. However, since substantially. Hydraulic reclamation is occurring in mined-out conductivity of the spoil aquifer areas and the monitoring data will be approximately the same demonstrate that recharge of the as in the Wyodak coal aquifer backfill is occurring, it is not allowing groundwater to move anticipated that additional significant from recharge areas where impacts would occur as a result of clinker is present east of mine any of the pending leasing actions. areas through the spoil aquifer As previously discussed, through to the undisturbed Wasatch February 19, 2000 more than 60 aquifer and Wyodak coal percent of the area disturbed at the aquifer to the west. Jacobs Ranch Mine had been reclaimed, and backfill monitoring GAGMO data from 1990 to 1999 wells indicate that recharge is verify that recharge has occurred and occurring in the backfill at the Jacobs is continuing in the backfill (Hydro- Ranch Mine. Engineering 1991a, 1992, 1993, 1994, 1995, 1996b, 1997, 1998, Clinker, also called scoria, the baked 1999). The water monitoring and fused rock formed by prehistoric summary reports prepared each year burning of the Wyodak-Anderson coal by GAGMO list current water levels in seam, occurs all along the coal the monitoring wells completed in the outcrop area (Figure 4-7) and is backfill and compare them with the believed to be the major recharge 1980 water levels, as estimated from source for the spoil aquifer, just as it the 1980 coal water-level contour is for the coal. However, not all maps. In the 1991 GAGMO 10-year clinker is saturated. Some clinker is report, some recharge had occurred mined for road-surfacing material, in 88 percent of the 51 backfill wells but saturated clinker is not generally reported for that year. In the 1999 mined since abundant clinker exists GAGMO report, 89 percent of the 64 above the water table and does not backfill wells measured contained present the mining problems that water. would result from mining saturated clinker. Therefore, the major Coal companies are required by state recharge source for the spoil aquifer and federal law to mitigate any water is not being disturbed by current rights that are interrupted, mining. Clinker does not occur in discontinued, or diminished by significant amounts on the LBA tract mining. being considered in this EIS.

The cumulative size of the backfill The second major groundwater issue area in the PRB and the duration of is the extent of water level drawdown mining activity would be increased by in the coal and shallower aquifers in mining of the recently issued leases the area surrounding the mines.

4-70 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences

Most of the monitoring wells included mines proposed at that time. All of in the GAGMO 15-year report (542 the currently producing mines, wells out of 600 total) are completed including the Jacobs Ranch Mine, in the coal beds, in the overlying were considered in the CHIA analysis sediments, or in sand channels or (Martin et al. 1988). The study interburden between the coal beds. predicted that water supply wells The changes in water levels in the completed in the coal may be affected coal seams after 15 years of as far away as eight miles from mine monitoring are shown on Figure 4-7, pits, although the effects at that which was adapted from the 1996 distance were predicted to be GAGMO 15-year report (Hydro minimal. Engineering 1996a). This map shows the area where actual drawdown in As drawdowns propagate to the west, the coal seam has been greater than available drawdown in the coal 5 ft in 15 years, in comparison with aquifer increases. Available the predicted worst-case 5-ft drawdown is defined as the elevation drawdown derived from groundwater difference between the potentiometric modeling done by the mines. surface (elevation to which water will WDEQ/LQD policy is to have the rise in a well bore) and the bottom of mining companies determine the the aquifer. Proceeding west, the coal extent of the 5-ft drawdown contour depth increases faster than the as a method of determining off-site potentiometric surface declines, so impacts from the various mining available drawdown in the coal operations. increases. Since the depth to coal increases, most stock and domestic Figure 4-7 indicates that the wells are completed in units above drawdowns observed in 15 years of the coal. Consequently, with the mining are still well within the total exception of methane wells, few wells cumulative drawdown predicted in are completed in the coal in the areas the CHIA. The addition of the west of the mines. Those wells pending LBA tracts, including the completed in the coal have North Jacobs Ranch tract, will extend considerable available drawdown, so the predicted cumulative extent of the adverse impacts to wells outside the 5-ft drawdown caused by coal mining immediate mine area are unlikely. beyond the cumulative drawdown prediction in the 1988 CHIA. Wells in the Wasatch Formation were predicted to be impacted by The CHIA predicted the approximate drawdown only if they were within area of 5 ft or more water level decline 2,000 ft of a mine pit (Martin et al. in the Wyodak coal aquifer which 1988). Drawdowns occur farther would result from "all anticipated coal from the mine pits in the coal than in mining". "All anticipated coal mining" the shallower aquifers because the at that time included 16 surface coal coal is a confined aquifer that is mines operating at the time the report areally extensive. The area in which was prepared and six additional the shallower aquifers (Wasatch

Final EIS, North Jacobs Ranch Coal Lease Application 4-71 4.0 Environmental Consequences

Formation, alluvium, and clinker) If a maintenance lease is issued for experience a 5-ft drawdown would be the North Jacobs Ranch LBA Tract, much smaller than the area of prior to amending the tract into an drawdown in the coal because the existing WDEQ mine permit, the shallower aquifers are generally lessee would be required to conduct discontinuous, of limited areal extent, more detailed groundwater modeling and may be confined or unconfined. to predict the extent of drawdown in the coal and overburden aquifers Since the actual 1995 drawdown lies caused by mining the LBA tract. within the cumulative drawdown WDEQ/LQD will then use the predicted by the CHIA study, the drawdown predictions to update the cumulative impacts to water wells CHIA for this portion of the PRB. The have not reached the maximum levels applicant has installed monitoring predicted in that report. Of the 1,200 wells which would be used to confirm water supply wells within the or refute drawdowns predicted by maximum impact area defined in the modeling. This modeling would be CHIA study, about 580 are completed required as part of the WDEQ mine in Wasatch aquifers, about 100 in the permitting procedure discussed in Wyodak coal aquifer, and about 280 Section 1.2. in strata below the coal. There are no completion data available for the Withdrawal of water for the ENCOAL remainder of these wells (about 240). facility, which is currently indefinitely delayed, would lower water levels in The additional groundwater impacts the scoria aquifer to the east of the that would be expected as a result of North Rochelle Mine if the rate of extending mining into the LBAs withdrawal exceeds recharge issued or proposed to date would be (currently unknown). As discussed to extend the drawdown into areas above, the scoria provides the surrounding the proposed new leases. primary source of recharge to the The predicted cumulative effects of Wyodak coal aquifer. As mining at mining the LBA tract are depicted on the North Rochelle Mine continues, Figure 4-7. Drawdowns have the coal will be removed and replaced coalesced in the vicinity of the Black with spoil, which would be expected Thunder and North Rochelle mines, to have the same conductivity as the and the North Antelope/Rochelle and Wyodak coal aquifer according to Antelope mines. Currently, the Martin, et al. (1988 p. 24). The actual drawdown in the coal aquifer primary impact due to lowering water in the vicinity of Black Thunder and levels in the scoria would be a Jacobs Ranch mines is expressed in potential delay in the recovery of two separate cones of depression, but water levels in the North Rochelle would coalesce in the future with the Mine backfill, as the rate at which the addition of mining activity on the backfill would receive recharge from Thundercloud lease and the North the scoria would be related to the Jacobs Ranch LBA Tract, if it is scoria water levels. Based on the size leased. of the scoria aquifer supplying

4-72 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences

ENCOAL and the amount of water to In response to concerns voiced by be withdrawn from it, complete regulatory personnel, several mines recovery of the scoria water levels have conducted impact studies of the could take up to 100 years, slowing subcoal Fort Union Formation. The recovery of North Rochelle Mine spoil OSM commissioned a cumulative water levels for an equal duration. impact study of the subcoal Fort Since predictions for recovery of water Union Formation to study the effects levels in the spoils range from tens to of mine facility wells on this aquifer thousands of years, the additional unit (OSM 1984). Conclusions from delay in recovery caused by the all these studies are similar and may ENCOAL water supply wells is within be summarized as follows: the range of predictions. - Because of the discontinuous Potential water-level decline in the nature of the sands in this subcoal Fort Union Formation is the formation and because most third major groundwater issue. large-yield wells are completed According to the Wyoming State in several different sands, it is Engineer's records as of July 1999, difficult to correlate completion 14 mines hold permits for 42 wells intervals between wells. between 400 ft and 10,000 ft deep. The zone of completion of these wells - In the Gillette area, water levels was not specified, and not all of the in this aquifer are probably wells were producing (for example, declining because the city of three of the permits were held by an Gillette and several inactive mine, and one of the wells subdivisions are utilizing water permitted by the Black Thunder Mine from the formation (Crist has not been used since 1984). 1991). (Note: Gillette is mixing this water with water from Water level declines in the Tullock wells completed in the Madison Aquifer have been documented in the Formation at this time.) Gillette area. According to Crist (1991), these declines are most likely - Because large saturated attributable to pumpage for thicknesses are available in municipal use by Gillette and for use this aquifer unit, generally at subdivisions and trailer parks in 500 ft or more, a drawdown of and near the city of Gillette. Most of 100 to 200 ft in the vicinity of a the water-level declines in the subcoal pumped well would not dewater Fort Union wells occur within one the aquifer. mile of the pumped wells (Crist 1991; Martin et al. 1988). The mine The Jacobs Ranch Mine adjacent to facilities in the PRB are separated by the North Jacobs Ranch LBA Tract a distance of one mile or more, so has a permit from the State Engineer little interference between mine for five deeper Ft. Union Formation supply wells would be expected. water supply wells. Extending the life of the mine with the LBA tract would

Final EIS, North Jacobs Ranch Coal Lease Application 4-73 4.0 Environmental Consequences result in additional water being no new wells would be required to withdrawn from the Tullock Aquifer. maintain existing production. The additional water withdrawal would not be expected to extend the Water requirements and sources for area of water level drawdown over a the proposed Two Elk project are not significantly larger area due to the currently known. The State Engineer discontinuous nature of the sands in is discouraging further development the Tullock Aquifer and the fact that of the lower Fort Union aquifers, so drawdown and yield reach the most likely groundwater source equilibrium in a well due to recharge for Two Elk is the Lance-Fox Hills. effects. This will reduce the chances that Two Elk will add to cumulative hydrologic The nearest sub-coal Fort Union well impacts of mining. to the Jacobs Ranch Mine facilities is over 5 miles away, at the Black The fourth issue of concern with Thunder Mine. Due to the distance groundwater is the effect of mining on involved, these wells have not water quality. Specifically, what experienced interference and are not effect does mining have on the water likely to in the future. The Jacobs quality in the surrounding area, and Ranch Mine wells will be in use for what are the potential water quality roughly 14 to 23 more years if the problems in the spoil aquifer following North Jacobs Ranch LBA Tract is mining? leased depending on which alternative is selected. Their annual In a regional study of the cumulative water production would increase, impacts of coal mining, the median though not directly in proportion to concentrations of dissolved solids and coal production, which could increase sulfates were found to be larger in by about 30 percent if the North water from spoil aquifers than in Jacobs Ranch Tract is leased. water from either the Wasatch overburden or the coal aquifer (Martin According to the Wyoming SEO, the et al. 1988). This is expected because only permitted, non-mine wells drilled blasting and movement of the below 1,000 ft in a 100 mi2 area overburden materials exposes more surrounding Wright are four wells surface area to water, increasing permitted by the City of Wright. As dissolution of soluble materials, discussed above, most of the water- particularly when the overburden level declines in the subcoal Fort materials were situated above the Union wells occur within one mile of saturated zone in the premining pumped wells. The North Jacobs environment. Using data compiled Ranch LBA Tract, about 7 miles east from ten surface coal mines in the of Wright, would not contribute eastern PRB, Martin et al. (1988) also significantly to any cumulative impact concluded that backfill groundwater on the water supply for that town quality improves markedly after the under the action alternatives because backfill is leached with one pore volume of water. The same

4-74 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences conclusions were reached by Van 1993, 1994, 1995, 1996b, 1997, 1998 Voast and Reiten (1988) after and 1999), TDS values in backfill analyzing data from the Decker and wells have ranged from 400 to 25,000 Colstrip Mine areas in the northern mg/L. Of the 43 backfill wells PRB. In general, the mine backfill measured in 1998 and reported in the groundwater TDS can be expected to 1999 annual GAGMO report (Hydro range from 3,000 - 6,000 mg/L, Engineering 1999), TDS in 70 percent similar to the premining Wasatch were less than 5,000 mg/L, TDS in Formation aquifer, and meet 28 percent were between 5,000 and Wyoming Class III standards for use 10,000 mg/L, and TDS in one well as stock water. was above 10,000 mg/L. These data support the conclusion that water One pore volume of water is the from the spoils will generally be volume of water which would be acceptable for its current use, which required to saturate the spoils is livestock watering, before and after following reclamation. The time equilibrium is established. The required for one pore volume of water incremental effect on groundwater to pass through the spoils aquifer is quality due to leasing and mining of greater than the time required for the the LBA tract would be to increase postmining groundwater system to the total volume of spoil and, thus, reestablish equilibrium. According to the time for equilibrium to the CHIA, estimates of the time reestablish. required to reestablish equilibrium range from tens to hundreds of years The fifth area of concern is the (Martin et al. 1988). potential for cumulative impacts to groundwater resources in the coal Chemical analyses of 336 samples due to the proximity of coal mining collected between 1981 and 1986 and CBM development. The Wyodak from 45 wells completed in spoil coal is being developed for both coal aquifers at ten mines indicated that and CBM in the same general area. the quality of water in the spoils will, Dewatering activities associated with in general, meet state standards for reasonably foreseeable CBM livestock use when recharge occurs development would be expected to (Martin et al. 1988). The major overlap with and expand the area of current use of water from the aquifers groundwater drawdown in the coal being replaced by the spoils (the aquifer in the PRB over what would Wasatch and Wyodak Coal aquifers) occur due to coal mining alone. is for livestock because these aquifers are typically high in dissolved solids Numerical groundwater flow modeling in their premining state (Martin et al. was used to predict the drawdown 1988). impacts of the Wyodak CBM Project (BLM 1999c). The modeling According to monitoring data considered coal mining and CBM published by GAGMO (Hydro- development in order to assess Engineering 1991a, 1991b, 1992, cumulative impacts. Modeling was

Final EIS, North Jacobs Ranch Coal Lease Application 4-75 4.0 Environmental Consequences done to simulate mining with and there were no CBM wells in the without CBM development in order to vicinity of the Jacobs Ranch Mine, differentiate the impacts of the two but the model assumed that CBM types of activities. drilling would occur west of the Jacobs Ranch Mine. CBM wells have As expected, modeling showed that been drilled adjacent to the Jacobs the additional groundwater impacts Ranch Mine predicted. Figure 4-8 that would result from CBM shows that the projected drawdown in development would be additive in the coal caused by mining at the nature and would extend the area Jacobs Ranch Mine would be experiencing a loss in hydraulic head expected to overlap with projected to the west of the mining area. The drawdown due to CBM production. area between the CBM fields and the To the north, south and west of the mines would be subjected to Jacobs Ranch Mine, the projected cumulative impacts of the two drawdown in the coal aquifer due to activities. The 15-year GAGMO CBM production would exceed report points out that there are drawdown due to mining. Even already areas of overlapping impacts within close proximity to the mine, between the Marquiss and Lighthouse projected drawdown due to mining CBM projects and the Caballo, Belle would be less than projected Ayr and Cordero Rojo mines (Hydro- drawdown due to CBM production. Engineering 1996a). Drawdowns from CBM development would be projected to exceed Figure 4-8 shows the Jacobs Ranch drawdowns from coal mining at a Mine life-of-mine drawdown map distance of less than one mile from (same as Figure 4-2) with the the mine. maximum modeled drawdowns from the Wyodak CBM DEIS Drawdowns in the coal caused by superimposed. These modeled CBM development would be expected drawdowns are for CBM only in the to reduce the need for dewatering in upper Wyodak Coal and are for the advance of mining, which would be proposed action of 3,000 CBM wells beneficial for mining. Wells (BLM 1999a, 1999c). The completed in the coal may also groundwater modeling study done for experience increased methane the Wyodak Project Area CBM EIS emissions in areas of significant considered the impacts of coal mining aquifer depressurization. There and CBM development on would be a potential for conflicts to groundwater in the coal and overlying occur over who (coal mining or CBM aquifers in the area shown in Figure operators) is responsible for replacing 1-1 if an additional 5,000 CBM wells or repairing private wells that are were drilled. This analysis used the adversely affected by the drawdowns; existing coal mines and predicted however, the number of potentially CBM well locations based on affected wells completed in the coal is discussions with CBM operators. At not large. the time the model was prepared,

4-76 Final EIS, North Jacobs Ranch Coal Lease Application

4.0 Environmental Consequences

As discussed previously, coal LBA Tract. Impacts to designated companies are required by state and AVF’s are generally not permitted if federal law to mitigate any water the AVF is determined to be rights that are interrupted, significant to agriculture. AVF’s that discontinued, or diminished by coal are not significant to agriculture can mining. In response to concerns be disturbed during mining but they about the potential impacts of CBM must be restored as part of the development on water rights, a group reclamation process. Impacts during of CBM operators and local mining, before the AVF is restored, landowners developed a standard would be expected to be incremental, water well monitoring and mitigation not additive. agreement that can be used on a case-by-case basis as development 4.5.7 Wetlands proceeds. The BLM decision record for the Gillette South CBM Project Wetlands are discrete features that EIS (BLM 1997) requires that CBM are delineated on the basis of specific operators offer landowners this soil, vegetation, and hydrologic agreement as part of the federal well characteristics. Wetlands within approval process. areas of coal mining disturbance are impacted; wetlands outside the area BLM and industry have cooperated to of disturbance are generally not develop a system of monitoring wells affected unless their drainage areas designed to monitor groundwater (hence, water supplies) are changed levels in the coal and in shallower by mining. Therefore, the impacts to aquifers in areas of CBM production. wetlands as a result of surface coal In the future, the CBM operators will mining are mostly incremental, not be responsible for drilling and additive as are impacts to maintaining additional monitoring groundwater and air quality. wells as the area of CBM development Increasing the area to be mined expands. would increase the number of wetlands that would be impacted. The increased dewatering or depressuring of the coal seam caused Jacobs Ranch Mine has been by CBM development and mining authorized to impact 81.15 acres of together will also increase the time jurisdictional wetlands. This number required for water-level recovery to would increase if the LBA tract is occur after the CBM and mining leased (Section 3.8 and Section 4.1.7). projects are completed. COE requires replacement of all impacted jurisdictional wetlands in 4.5.6 Alluvial Valley Floors accordance with Section 404 of the Clean Water Act. As part of the No cumulative impacts to alluvial mining and reclamation plans for valley floors are expected to occur as each mine, COE approves the plan to a result of leasing and subsequent restore the wetlands and the number mining of the North Jacobs Ranch of acres of wetlands to be restored.

4-78 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences

Replacement of functional wetlands five existing southern surface coal may occur in accordance with mines would not be reclaimed to the agreements with the surface point of planting with permanent seed managing agency (on public land) or mixtures. Over the life of the five by the private landowners. No federal southern mines, a total of about surface lands are included in the 63,500 acres would be disturbed. North Jacobs Ranch LBA Tract. This disturbed area includes all During mining and before leases existing including federal, state replacement of wetlands, all wetland and private coal. The currently functions would be lost. The replaced proposed North Jacobs Ranch, NARO, wetlands may not function in the Little Thunder, West Roundup, and same way as the premine wetlands West Antelope LBAs would add did. roughly another 20,000 acres. Almost all of this acreage is native 4.5.8 Vegetation rangeland and would be returned to a native rangeland state through Most of the land that is being or planting of approved revegetation would be disturbed is grassland, seed mixtures as required. sagebrush shrubland or breaks grassland and is used for grazing and Several impacts to vegetation would wildlife habitat. Rangeland is, by far, occur as a result of operations at the predominant land use in the PRB, these five mines. Most of the surface comprising 92 percent of the land use disturbance would occur in two in Converse and Campbell Counties. vegetation types: mixed grass prairie A small amount of previously (25 percent) and Wyoming big cultivated lands would be disrupted sagebrush (40 percent). The big by mining. At the completion of sagebrush vegetation type comprises mining, it is anticipated that all 44 percent of the North Jacobs Ranch disturbed land would be reclaimed for LBA Tract area, roughly the same grazing and wildlife habitat, mostly in percentage for the five-mine southern the form of mixed native grass prairie, cluster. Upland grassland comprises sagebrush shrubland and, where 14 percent of the disturbance area of appropriate, bottomland grassland. the tract. All five mines plan to Some of the minor community types, restore these two types as required by such as those occurring on breaks, law. It is estimated that it would take would not be restored to premining from 20 to 100 years for big conditions but may be replaced to a sagebrush density to reach premining higher level due to use of better levels. The big sagebrush component quality soils. provides important wildlife habitat (particularly for mule deer, Based on annual reports prepared by pronghorn, and sage grouse). The mining companies and submitted to reduction in acreage of big sagebrush WDEQ, in any given year vegetation type would, therefore, approximately 10,000 acres of land reduce the carrying capacity of the disturbed by mining activities at the reclaimed lands for pronghorn and

Final EIS, North Jacobs Ranch Coal Lease Application 4-79 4.0 Environmental Consequences sage grouse populations. Mule deer typical for this region of eastern should not be affected since they are Wyoming. not as abundant in this area. 4.5.9 Wildlife Although some of the less extensive native vegetation types (e.g., The direct impacts of surface coal graminoid/forb ephemeral drainages) mining on wildlife occur during would be restored during reclamation, mining and are therefore short-term. the treated grazing lands would not. They include road kills by mine- Following reclamation and release of related traffic, restrictions on wildlife the reclamation bond, however, movement created by fences, spoil privately owned surface lands would piles and pits, and displacement of be returned to agricultural wildlife from active mining areas. The management and the areas with indirect impacts are longer term and reestablished native vegetation could include loss of carrying capacity and again be subject to sagebrush microhabitats on reclaimed land due management practices. to flatter topography, less diverse vegetative cover, and reduction in Community and species diversities sagebrush density. would initially be lower on reclaimed lands. The shrub components would After mining and reclamation, take the longest to be restored to alterations in the topography and premining conditions. Shrub cover vegetative cover, particularly the and forage values would gradually reduction in sagebrush density, increase in the years following would cause a decrease in carrying reclamation. Over longer periods of capacity and diversity on the LBA time, species re-invasion and shrub tract. Sagebrush would gradually establishment on reclaimed lands become reestablished on the should largely restore the species and reclaimed land, but the topographic community diversity on these lands to changes would be permanent. premining levels. Cumulative impacts to most wildlife Over the long term, the net effect of would increase as additional habitat the cumulative mine reclamation is disturbed but would moderate as plans may be the restoration, at least more land is reclaimed. Raptor and in part, of all vegetation types grouse breeding areas have been originally found in the area. However, diminishing statewide for at least the the shrub component may be last 30 years due, in part, to surface- substantially reduced in areal extent. disturbing activities. Coal mining Shrubs are relatively unproductive for and gas exploration and development livestock but very important for have been identified as potential wildlife. All of the vegetation types contributors to the decline in their found in the cumulative analysis breeding habitat. Therefore, surface area, as on the LBA tract, are fairly occupancy and disturbance restrictions, as well as seasonal

4-80 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences restriction stipulations, have been (mainly sagebrush) in favor of grass. applied to operations occurring on or These changes have increased spring near these crucial areas on public and summer habitat for grazing lands. These restrictions have helped animals, but have also reduced the protect important raptor and grouse important shrub component that is habitat on public lands, but the critical for winter range, thus success of yearlong restrictions on reducing overwinter survival for big activities near areas critical to grouse game and sage grouse. The reduction has been limited because most of the in sagebrush has been directly surface in the PRB is privately owned. blamed for the downward trend in the Erection of nesting structures and sage grouse populations. planting of trees on reclaimed land will gradually replace raptor nesting The regional EIS’s (BLM 1974, 1979, and perching sites. There is little 1981, and 1984) predicted significant crucial habitat for waterfowl or fish cumulative impacts to pronghorn on the mine sites. Small- and from existing concentrated mining medium-sized animals would move and related disturbance as a result of back into the areas once reclamation habitat disturbance and creation of is completed. barriers to seasonal and daily movements. Significant cumulative Numerous grazing management indirect impacts were also predicted projects (fencing, reservoir because of increased human development, spring development, population and access resulting in well construction, vegetative more poaching, increased treatments) have also impacted vehicle/pronghorn collisions, and wildlife habitat in the area. The increased disturbance in general. consequences of these developments However, the WGFD recently reviewed have proven beneficial to some monitoring data collected on mine species and detrimental to others. sites for big game species and the Fencing has aided in segregation and monitoring requirements for big game distribution of livestock grazing, but species on those mine sites. Their sheep-tight woven wire fence has findings concluded that the restricted pronghorn movement. monitoring had demonstrated the Water developments are used by lack of impacts to big game on wildlife; however, without proper existing mine sites. No severe mine- livestock management, many of these caused mortalities have occurred and areas can become overgrazed. The no long-lasting impacts on big game developed reservoirs provide have been noted on existing mine waterfowl, fish, and amphibian sites. The WGFD therefore habitat. Vegetation manipulations recommended that big game have included the removal or monitoring be discontinued on all reduction of native grass-shrublands existing mine sites. New mines will and replacement with cultivated be required to conduct big game crops (mainly alfalfa/grass hay), as monitoring if located in crucial winter well as a general reduction of shrubs

Final EIS, North Jacobs Ranch Coal Lease Application 4-81 4.0 Environmental Consequences range or in significant migration to be disturbed within the Thunder corridors. Basin and Lance Creek Mule Deer Herd Units (The Horse Creek lease is Leasing of the North Jacobs Ranch within the Lance Creek Herd Unit) LBA Tract would increase the area of would increase disturbance by as habitat disturbance in the southern much as 8,850 acres, bringing the group of mines by approximately 6 total disturbance up to about 94,000 percent and would enlarge the area acres or about 2.4 percent of the four where daily movement is restricted. million acres that encompass the two herd units. The North Jacobs Ranch LBA Tract is within the Hilight Pronghorn Herd The WGFD big game herd unit maps Unit, which includes about 546,000 show the LBA tract is out of the acres. The mining operations within normal white-tailed deer range. The the Hilight Herd Unit are the Caballo, WGFD does not consider the LBA Belle Ayr, Caballo-Rojo, Coal Creek, tract to be an elk use area, but elk and Jacobs Ranch. These mines will have been recorded on the tract over cumulatively disturb 44,754 acres the past several years and observed based on existing leases. If the North wintering on adjacent grasslands Jacobs Ranch LBA Tract is leased, southeast of the tract in recent years the estimated mining disturbance as well. None of the lease area or within the Hilight Herd Unit would areas within two miles have been increase by up to 5,364 acres to classified as crucial or critical elk 50,118 acres. This would represent habitat. The nearest crucial elk approximately 9.2 percent of the habitat is just over 2 miles to the Hilight Herd Unit area. southeast on Jacobs Ranch Mine reclaimed mine land. The WGFD The North Jacobs Ranch LBA Tract is (Oedekoven 1991) designated an area located within the Thunder Basin of approximately five square miles on Mule Deer Herd Unit. The herd unit Jacobs Ranch Mine reclaimed or contains approximately 2.33 million adjacent lands as crucial winter acres and includes 9 permitted coal habitat for the Rochelle Hills elk herd. mines along Highway 59. The There is potential for expansion of elk northern-most is Caballo and the habitat on the lease area through southern-most is Antelope. Currently quality reclamation. permitted disturbance within this 9­ mine group includes approximately The area of active mining in the 85,260 acres. Addition of the recently southern group of mines contains leased Horse Creek and proposed significant numbers of raptor nests. North Jacobs Ranch LBA Tracts The largest concentration of nesting would increase the disturbance area activity in the area is associated with by up to 8,945 acres, an increase of the rough breaks country and areas 10.5 percent. Adding the North where trees have become established. Jacobs Ranch Tract and the recently Raptor mitigation plans are included issued, Horse Creek lease to the area in the approved mining and

4-82 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences reclamation plans of each mine. The grouse reproductive success. Sage raptor mitigation plan for each mine grouse leks close to active mining is subject to USFWS review and could be abandoned if mining-related approval before the mining and noise elevates the existing ambient reclamation plan is approved. Any noise levels. Surface coal mining nests that are impacted by mining activity is known to contribute to a operations must be relocated in drop in male sage grouse attendance accordance with these plans, after at leks close to active mining, and special use permits are secured from over time this can alter the USFWS and WGFD. The creation of distribution of breeding grouse artificial raptor nest sites and raptor (Remington and Braun 1991). perches may ultimately enhance Because sage grouse populations raptor populations in the mined area. throughout Wyoming have been On the other hand, where power poles declining over the past several years, border roads, perched raptors may this impact could be significant to the continue to be illegally shot and local population when evaluated with continued road kills of scavenging the cumulative impacts of all energy- eagles may occur. Any influx of related development occurring in the people into previously undisturbed area. land may also result in increased disturbance of nesting and fledgling The existing and proposed mines in raptors. the southern PRB would cumulatively cause a reduction in habitat for other Cumulative impacts to waterfowl from mammal and bird species. Many of already-approved mining, as well as these species are highly mobile, have the proposed LBA tract, would be access to adjacent habitats, and insignificant because most of these possess a high reproductive potential. birds are transient and most of the Habitat adjacent to existing and ponds are ephemeral. In addition, proposed mines include sagebrush the more permanent impoundments shrublands, upland grasslands, and reservoirs that are impacted by bottomland grasslands, improved mining would be restored. pastures, haylands, wetlands, Sedimentation ponds and wetland riparian areas, greasewood mitigation sites would provide areas shrublands, and ponderosa pine for waterfowl during mining. woodlands. As a result, these species should respond quickly and invade Direct habitat disturbance from suitable reclaimed lands as already-approved mining, as well as reclamation proceeds. A research the LBA tract, should not significantly project on habitat reclamation on affect regional sage grouse mined lands within the PRB for small populations because few vital sage mammals and birds concluded that grouse wintering areas or leks have the diversity of song birds on been, or are planned to be, disturbed. reclaimed areas was slightly less than However, noise related to the mining on adjacent undisturbed areas, activity could indirectly impact sage

Final EIS, North Jacobs Ranch Coal Lease Application 4-83 4.0 Environmental Consequences although their overall numbers were the WDEQ/LQD’s permit approval greater (Shelley 1992). process.

Cumulative impacts on fish habitat 4.5.10 Threatened, Endangered, and and populations would be minimal Candidate Species because local drainages generally have limited value due to intermittent Refer to Appendix G. or ephemeral flows. Some of the permanent pools along drainages 4.5.11 Land Use and Recreation support minnows and other nongame fish, and the larger impoundments Surface coal mining reduces livestock and streams in the area which have grazing and wildlife habitat, limits fish populations would be restored access to public lands that are following mining. included in the mining areas, and disrupts oil and gas development. In Additional discussions of cumulative addition, when oil and gas impacts to wildlife from coal development facilities are present on development and industrialization of coal leases, all associated facilities the eastern PRB are discussed in and equipment must be removed BLM regional EIS’s for the area (BLM prior to mining. Mining the coal prior 1974, 1979, 1981, 1984), and these to the recovery of all of the CBM documents are incorporated by resources releases CBM into the reference into this EIS. The impacts atmosphere. The potential impacts of predicted in these documents have conflicts between CBM and coal generally not been exceeded. Recent development are discussed in Section findings by the WGFD have revealed 4.1.2. that impacts of mining on big game have been minimal. No severe mine- Cumulative impacts resulting from caused mortalities have occurred and energy extraction in the PRB include no long-lasting impacts on big game a reduction of livestock grazing and have been noted on existing mine subsequent revenues, a reduction in sites. The WGFD therefore habitat for some species of wildlife recommended that big game (particularly pronghorn, sage grouse monitoring be discontinued on all and mule deer), and loss of existing mine sites. New mines will recreational access to public lands be required to conduct big game (particularly for hunters). monitoring if located in crucial winter range or in significant migration There are no recreation facilities, corridors, neither of which apply to wilderness areas, etc., in the the LBA tract. immediate vicinity of the existing southern group of mines, and the The cumulative impacts of mining the majority of the land is seldom used by LBA tract will be assessed within the the public except for dispersed WGFD’s and the WDEQ/LQD’s review recreation (e.g., hunting), off-road of the mine permit application and vehicles, and sightseeing. Hunting

4-84 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences and other public access is generally decreased habitat availability and limited inside of the mine permit increased recreational demand has areas for safety reasons. However, had (or may have) several impacts: approximately 80 percent of this land demand for hunting licenses may surface is private and access is increase to the point that a lower controlled by the landowner. Leasing success in drawing particular licenses the North Jacobs Ranch LBA Tract will occur; hunting and fishing, in would not affect access to public general, may become less enjoyable lands because no public lands are due to more limited success and included on the tract. overcrowding; poaching may increase; the increase in people and traffic has The increased human presence and may continue to result in associated with the cumulative energy shooting of nongame species and road development in the PRB has likely kills; and increased off-road activities increased levels of legal and illegal have and will continue to result in hunting. Conversely, the mines in disturbance of wildlife during the area have become refuges for big sensitive wintering or reproductive game animals during hunting periods. seasons since they are often closed to hunting. Reclaimed areas are Campbell CountyGs public recreation attractive forage areas for big game. facilities are some of the most As an example, reclaimed lands at the extensively developed in the Rocky Jacobs Ranch Mine have been Mountain Region, and use by young, declared crucial elk winter habitat by recreation-oriented residents is high. WGFD (Oedekoven 1994). Energy The relatively strong financial position development-related indirect impacts of the county recreation program to wildlife have and will continue to appears to assure future recreation result from human population opportunities for residents regardless growth. Energy development has of the development of the LBA tract or been the primary cause of human any other specific mine. Converse influx into the eastern PRB. Mining CountyGs recreational facilities are the LBA tract under the Proposed not as advanced, and development of Action and Alternatives 2 and 3 will the LBA tract and the ensuing allow a continuation of employment employment increase may increase and production at the Jacobs Ranch demand for recreational opportunities Mine for up to 23 years. in Converse County.

The demand for outdoor recreational 4.5.12 Cultural Resources activities, including hunting and fishing, has increased proportionately In most cases, treatment of eligible as population has increased. sites is confined to those that would However, at the same time these be directly impacted, while those that demands are increasing, wildlife may be indirectly impacted receive habitat and populations are being little or no consideration unless a reduced. This conflict between direct mine-associated effect can be

Final EIS, North Jacobs Ranch Coal Lease Application 4-85 4.0 Environmental Consequences established. The higher population mitigation can constitute an adverse levels associated with coal impact by eliminating the site from development coupled with increased the regional database and/or access to remote areas can result in affecting its future research potential. increased vandalism both on and off mine property. Development of lands Beneficial results or impacts can also in which coal is strip-mineable occur from coal development. (shallow overburden) may contribute Valuable data are collected during to the permanent unintentional cultural resource surveys. Data that destruction of segments of the would otherwise not be collected until archeological record. some time in the future, or lost in the interim, are made available for study. A majority of the known cultural Mitigation also results in the resource sites in the PRB are known collection and preservation of data because of studies at existing and that would otherwise be lost. The proposed coal mines. An average data that has been and will be density estimate of 8.5 sites per mi2 collected provided opportunities for (640 acres) can be made based on regional and local archeological inventories at existing mines in the research projects. area, and approximately 25 percent of these sites are typically eligible for the 4.5.13 Native American Concerns NRHP. Based on the cultural inventory, the density of sites and No cumulative impacts to Native occurrence of eligible sites appears to American traditional values or be lower on the North Jacobs Ranch religious sites have been identified as LBA Tract (Section 3.12 and Table a result of leasing and subsequent 3.9). Approximately 550 cultural mining of the North Jacobs Ranch resource sites will be impacted by LBA Tract. already-approved mines, with an estimated 140 of these sites being 4.5.14 Paleontological Resources eligible for nomination to the NRHP. Clearly, a number of significant sites, Impacts to paleontological resources or sites eligible for nomination to the as a result of the already-approved NRHP, have been or will be impacted cumulative energy development by coal mining operations within the occurring in the PRB consist of losses PRB. Ground disturbance, the major of plant, invertebrate, and vertebrate impact, can affect the integrity of or fossil material for scientific research, destroy a site. Changes in setting or public education (interpretive context greatly impact historical programs), and other values. Losses properties. Mitigation measures such have and will result from the as stabilization, restoration, or destruction, disturbance, or removal moving of buildings may cause of fossil materials as a result of adverse impacts to context, in-place surface-disturbing activities, as well values, and overall integrity. as unauthorized collection and Additionally, loss of sites through vandalism. A beneficial impact of

4-86 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences surface mining can be the exposure of would exist, expand the area this fossil materials for scientific noise source would affect, and may examination and collection, which augment the level of impacts to other might never occur except as a result resources (e.g., increased exposure of of overburden removal, exposure of wildlife to noise impact, increased rock strata, and mineral excavation. noise impacts to recreational users). Mining-related noise is generally 4.5.15 Visual Resources masked by the wind at short distances, so cumulative overlap of A principal visual impact in this area noise impacts between mines is not is the visibility of mine pits and likely. facility areas. People most likely to see these facilities would either be Recreational users and grazing passing through the area or visiting it lessees utilizing lands surrounding on mine-related business. Except for active mining areas do hear mining- the loading facilities and the related noise; but this has not been draglines, the pits and facilities are reported to cause a significant not visible from more than a few miles impact. As stated above, wildlife in away. No new facilities would be the immediate vicinity of mining may required to mine the LBA tract as an be adversely affected by noise; extension of the existing Jacobs however, observations at other Ranch Mine. Issuance of the LBA surface coal mines in the area tract would not change this impact. indicate that wildlife generally adapt to noise conditions associated with After mining, the reclaimed slopes active coal mining. might appear somewhat smoother than premining slopes and there Cumulative increases in noise from would be fewer gullies than at trains serving the PRB mines have present. Even so, the landscape of caused substantial increases (more the reclaimed mine would look very than five dBA) in noise levels along much like undisturbed landscape in segments of the rail lines over which the area. the coal is transported to markets. However, no significant adverse 4.5.16 Noise impacts have been reported as a result. Existing land uses within the PRB (e.g., mining, livestock grazing, oil 4.5.17 Transportation Facilities and gas production, transportation, and recreation) contribute to noise New or enhanced transportation levels, but wind is generally the facilities (road, railroads, and primary noise source. Mining on the pipelines) are expected to occur as a LBA tract would not increase the result of energy development in the number of noise-producing facilities Powder River Basin. However, no within the PRB, but it would lengthen new cumulative impacts to the time this particular noise source transportation facilities are expected

Final EIS, North Jacobs Ranch Coal Lease Application 4-87 4.0 Environmental Consequences to occur as a direct result of leasing Since 1989, coal production in the and subsequent mining of the North Powder River Basin has increased by Jacobs Ranch LBA Tract. The an average of 6.8 percent per year. transportation facilities for the Jacobs WSGS projects coal production in Ranch Mine are already in place. Campbell County to increase by Traffic levels from the mine will be about 1 percent per year from 2000 maintained for a longer period under through 2005, while Converse County the action alternatives. Oil and gas coal production is projected to remain pipelines on the tract will have to be steady at 25 mmtpy through this relocated or removed prior to mining. period. In 1998, Wyoming coal supplied approximately 29 percent of 4.5.18 Socioeconomics the United States’ steam coal needs when PRB coal was used to generate Because of all the energy-related electricity for public consumption in development that has been occurring 25 states as well as Canada and in and around Campbell and Spain (Lyman and Hallberg 1999). Converse Counties during the past 30 Electricity consumers in those states years, socioeconomic impacts are a benefit from low prices for PRB coal, major concern. Wyoming's economy from cleaner air due to the low sulfur has been structured around the basic content of the coal, and from the industries of extractive minerals, royalties and bonus payments that agriculture, tourism, timber, and the federal government receives from manufacturing. Each of these basic the coal. industries is important, and the extractive mineral industry has long Locally, continued sale of PRB coal been a vital part of Wyoming's helps stabilize municipal, county, and economy. Many Wyoming state economies. By 2005, annual communities depend on the mineral coal production is projected to industry for much of their economic generate about $2.6 billion of total well being. The minerals industry is economic activity, including $351 by far the largest single contributor to million of personal income, and the economy of Wyoming. In 1999 support the equivalent of nearly valuation on minerals produced in 15,885 full-time positions (BLM 1998 was $3,435,709,958. This was 1996a). 49 percent of the State’s total valuation and placed Wyoming among In addition to the North Jacobs the top ten mineral producing states Ranch LBA Tract a number of mineral in the nation (Wyoming Department and related developments have of Revenue 2000). Because most occurred, are in progress, or are minerals are taxed as a percentage of anticipated in Campbell County and their assessed valuation, this makes the surrounding area. The North the mineral industry a significant Rochelle Mine located southeast of revenue base for both local and state Wright, WY has completed an $83.6 government in Wyoming. million mine construction phase. Construction of the mine facilities

4-88 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences began in June 1997 and was The public comment period on the completed in 1999. DEIS ended on March 6, 2001.

The Two Elk plant is currently in the Currently, Gillette is experiencing a developmental stage, and North population increase as a result of American Power Group is working on CBM development in this area. In the permitting and marketing. According past several years, Gillette’s to a recent article in the Gillette News population has increased, Record, construction of the Two Elk unemployment has decreased, plant could begin in 2001; the cost housing has becoming increasingly for constructing the proposed plant is tight, and traffic and criminal activity estimated at $300 million; have increased. School enrollment construction could last three years; has not seen a similar increase, and the construction-phase work however. force could peak at more than 600 persons. (Gillette News Record If all of the new projects are 2000a). The Black Hills Wygen#1 undertaken, it is likely that the power plant is anticipated to be population in northeastern Wyoming operational by January, 2003. The would continue to grow, and there Black Hills Corporation estimates would be increasing demands on that the project will employ housing, schools, roads, law approximately 300 people during the enforcement, etc. in the communities construction period (Black Hills in this area. The population increase Corporation press release, would be expected to be somewhat 9/27/2000). North American Power dispersed among all of the Group very recently announced plans communities in the area, which for a second unit at the Two Elk Site would include Douglas, Wright, and and another power plant to be Newcastle as well as Gillette. The constructed next to the Cordero Rojo extent of the impacts to the local Complex. communities would depend on the amount of overlap between the According to information provided by construction periods on the proposed the Dakota, Minnesota & Eastern projects. It was previously estimated Railroad Corporation, construction of that construction of the North the DM&E railroad line was expected Rochelle, ENCOAL and Two Elk to start in 1999, take two years to projects could have added up to complete and cost $1.5 billion. For 2,900 people in northeastern Wyoming, the estimated direct Wyoming if they had been undertaken construction-phase work force is 700 at the same time. As it has actually persons. DM&E received preliminary happened, development of these approval from the Surface projects has not occurred Transportation Board in December concurrently. The North Rochelle 1998. The Surface Transportation construction project has been Board released the draft EIS for completed, CBM development is public comment in September 2000. currently contributing to population

Final EIS, North Jacobs Ranch Coal Lease Application 4-89 4.0 Environmental Consequences growth in the Gillette area, and 4.6 The Relationship Between construction at the Two Elk and Local Short-term Uses of ManGGGs Wygen #1 power plants could begin in Environment and the 2001. Construction at the newly Maintenance and announced Two Elk Unit 2 plant and Enhancement of Long-term the proposed Middle Bear plant at the Productivity Cordero Rojo Complex would begin when permitting is complete. From 2001 on, the Jacobs Ranch Construction of the proposed DM&E Mine would be able to produce coal at railroad is waiting on completion of an average production level of 24.5 the environmental analyses, and the million tons per year for 7 years and ENCOAL project has been postponed then 21 million tons per year for indefinitely. Increases in mining another 23 years under the Proposed employment would potentially occur Action, or for another 23.2 years gradually as new coal leases are under Alternative 2, or for another 14 permitted for mining. No new years under Alternative 3 (Table 2-1). employment is currently anticipated As the coal is mined, almost all if the North Jacobs Ranch LBA Tract components of the present ecological is leased. system, which have developed over a long period of time, would be During the construction phase of the modified. In partial consequence, the Two Elk, ENCOAL and DM&E reclaimed land would be projects, assistance money could total topographically lower, and although it $7.5 million for Gillette, $4.43 million would resemble original contours, it for Campbell County and $527,000 would lack some of the original for Wright (Planning Information diversity of geometric form. Corp. 1997). Assuming local sales and use tax permits are required, the The forage and associated grazing developmental projects if approved and wildlife habitat that the LBA tract would generate about $12.5 million provides would be temporarily lost for Gillette, Wright and Campbell during mining and reclamation. County. The State of Wyoming would During mining of the LBA tract there receive approximately $16.99 million would be a combined loss of native from the developmental projects. Ad vegetation on 5,364 acres (Proposed valorem tax is paid on production and Action) or 5,465 acres (Alternative 2), property (Wyoming; Department of or 3,689 acres (Alternative 3) with an Commerce, Energy Section 1997). If accompanying disturbance of wildlife all three developmental projects had habitat and grazing land. This proceeded as planned, ad valorem tax disturbance would occur paid in 2001 was estimated to incrementally over a period of years. approach $10 million (Gillette News The mine site would be returned to Record 1996). equivalent or better forage production capacity for domestic livestock before the performance bond is released. Long-term productivity would depend

4-90 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences largely on postmining range- 1999). According to Table 15 of this management practices, which to a report, surface coal mining was large extent would be controlled by estimated to be responsible for about private landowners. 0.54 million metric tons of methane emissions in 1999. This represents Mining would disturb pronghorn about 1.88 percent of the estimated habitat, but the LBA tract would be U.S. anthropogenic methane suitable for pronghorn following emissions in 1999, and about 18.75 successful reclamation. Despite loss percent of the estimated methane and displacement of wildlife during emissions attributed to coal mining of mining, it is anticipated that all types. Based on the 1999 coal reclaimed habitat would support a production figure, the Wyoming diversity of wildlife species similar to Powder River Basin coal mines were premining conditions. The diversity responsible for approximately 0.9 of species found in undisturbed percent of the estimated U.S. 1999 rangeland would not be completely anthropogenic methane emission, restored on the leased lands for an and Jacobs Ranch Mine was estimated 50 years after the initiation responsible for approximately 0.08 of disturbance. Re-establishment of percent of estimated U.S. 1999 mature sagebrush habitat--which is anthropogenic methane emissions. crucial for pronghorn and sage Currently, the Jacobs Ranch Mine grouse--could take even longer. does not propose increasing coal production rates if the North Jacobs CBM is currently being recovered Ranch LBA Tract is leased. from the tract and BLM’s analysis suggests that a large portion of the Total U.S. methane emissions CBM resources on the tract can be attributable to coal mining would not recovered prior to mining. CBM that be likely to be reduced if the North is not recovered prior to mining would Jacobs Ranch LBA Tract is not leased be vented to the atmosphere during at this time because total U.S. coal the mining process. Methane is a production would not decrease if a greenhouse gas which contributes to lease for this tract is not issued. global warming. According to the However, the methane on this LBA Methane Emissions section of Energy tract could be more completely Information Administration/ recovered if leasing is delayed. Department of Energy (EIA/DOE) report 0573(99), Emissions of There would be a deterioration of the Greenhouse Gases in the United States groundwater quality in the lease area 1999, U.S. anthropogenic methane because of mining; however, the emissions totaled 28.8 million metric water quality would still be adequate tons in 1999. U.S. 1999 methane for livestock and wildlife. This emissions from coal mining were deterioration would probably occur estimated at 2.88 million metric tons over a long period of time. During (10.0 percent of the U.S. total mining, depth to groundwater would anthropogenic methane emissions in increase only within one mile away

Final EIS, North Jacobs Ranch Coal Lease Application 4-91 4.0 Environmental Consequences from the pits in the coal aquifer. The that is not recovered prior to mining water levels in the coal aquifer should would also be irreversibly and return to premining levels at some irretrievably lost (see additional time (probably less than 100 years) discussion of the impacts of venting after mining has ceased. CBM to the atmosphere in Section 4.6). It is estimated that 1-2 percent Mining operations and associated of the energy produced would be activities would degrade the air required to mine the coal, and this quality and visual resources of the energy would also be irretrievably area on a short-term basis. Following lost. coal removal, removal of surface facilities, and completion of The quality of topsoil on reclamation, there would be no long- approximately 5,364 acres (Proposed term impact on air quality. The long- Action), or 5,465 acres (Alternative 2), term impact on visual resources or 3,689 acres (Alternative 3) would would be negligible. be irreversibly changed. Soil formation processes, although Short-term impacts to recreation continuing, would be irreversibly values may occur from reduction in altered during mining-related big game populations due to habitat activities. Newly formed soil material disturbance. These changes would would be unlike that in the natural primarily impact hunting in the lease landscape. area. However, because reclamation would result in a wildlife habitat Loss of life may conceivably occur due similar to that which presently exists, to the mining operation and there should be no long-term adverse vehicular and train traffic. On the impacts on recreation. basis of surface coal mine accident rates in Wyoming as determined by The Proposed Action, Alternative 2, the Mine Safety and Health and Alternative 3 would extend the Administration (1997) for the 10-year life of Jacobs Ranch Mine by 23, period 1987-1996, fatal accidents 23.2, and 14 years, respectively, (excluding contractors) occur at the thereby enhancing the long-term rate of 0.003 per 200,000 man-hours economy of the region. worked. Disabling (lost-time) injuries occur at the rate of 1.46 per 200,000 4.7 Irreversible and Irretrievable man-hours worked. Any injury or Commitments of Resources loss of life would be an irretrievable commitment of human resources. The major commitment of resources would be the mining and Disturbance of all known historic and consumption of 479.7 million tons prehistoric sites on the mine area (Proposed Action), or 483.3 million would be mitigated to the maximum tons (Alternative 2), or 293.4 millions extent possible. However, accidental tons (Alternative 3) of coal to be used destruction of presently unknown for electrical power generation. CBM archeological or paleontological

4-92 Final EIS, North Jacobs Ranch Coal Lease Application 4.0 Environmental Consequences values would be irreversible and irretrievable.

Final EIS, North Jacobs Ranch Coal Lease Application 4-93 5.0 Consultation and Coordination

5.0 CONSULTATION AND Gillette, Wyoming. BLM published a COORDINATION Notice of Intent to Prepare an Environmental Impact Statement in In addition to this EIS1, other factors the Federal Register on January 19, and consultations are considered and 2000. This notice included a second play a major role in determining the request for public comment. This decision on this proposed lease second comment period was open application. These include the through February 15, 2000, to allow following. consideration of any new comments to be addressed in this draft EIS. The Regional Coal Team Consultation. BLM and the EPA each published a The North Jacobs Ranch lease Notice of Availability in the Federal application was reviewed and Register for the draft EIS on December discussed at the February 23, 1999, 15, 2001. The 60-day public PRRCT public meeting in Billings, comment period on the draft EIS Montana, the October 27, 1999 started with the EPA Federal Register PRRCT public meeting in Gillette, notice and ended on February 13, Wyoming, and the October 25, 2000 2001. Comments on the draft EIS PRRCT public meeting in Cheyenne, that were received from the public, Wyoming. The PRRCT determined state and federal review agencies were that the land in the application met considered in preparing the final EIS. the qualifications for processing as a The comments received on the draft production maintenance tract. At the EIS and BLM’s responses to those most recent public meeting, the comments are included as Appendix I PRRCT recommended that the BLM of this final EIS. The BLM and the continue processing the North Jacobs EPA will each publish a Notice of Ranch lease application. Availability in the Federal Register for the final EIS. There will be a 30 day Governor's Consultation. The BLM review period on the final EIS before a Wyoming State Director notified the Record of Decision is prepared. After Governor of Wyoming on October 28, the Record of Decision is signed, there 1998, that JRCC had filed a lease will be a 30 day appeal period before application with BLM for the North the Record of Decision is Jacobs Ranch Tract. implemented.

Public Notice. The BLM published a Attorney General Consultation. Notice of Scoping in the Federal After a coal lease sale, but prior to Register on October 7, 1999, serving issuance of a lease, the BLM will notice that the North Jacobs Ranch solicit the opinion of the U.S. Attorney coal lease application had been General on whether the planned lease received and public comment was issuance creates a situation requested. A public scoping meeting inconsistent with federal anti-trust was held on October 19, 1999 in laws.

Other Consultations. Other federal, 1 Refer to page viii for a list of abbreviations and acronyms used in this state, and local governmental document. agencies that were directly consulted

Final EIS, North Jacobs Ranch Coal Lease Application 5-1 5.0 Consultation and Coordination in preparation of this EIS are listed in Table 5-1.

List of Preparers. Table 5-2 provides a listing of the BLM interdisciplinary team and the third-party consultant personnel who prepared and reviewed this EIS.

Distribution List. This EIS was distributed to numerous congressional offices, federal agencies, state governments, local governments, industry representatives, interest groups, and individuals for their review and comment (Table 5-3).

5-2 Final EIS, North Jacobs Ranch Coal Lease Application 5.0 Consultation and Coordination

Table 5-1. Other Federal, State, and Local Governmental Agencies Consulted in EIS Preparation. Agency or Organization Individual Position

Converse County Mike Sears Planning Director

Powder River Regional Coal Team 5 Voting Members and 21 Nonvoting Members

Wyoming Game and Fish Lynn Jahnke Wildlife & Fish Supervisor Department

Wyoming Department of Environmental Quality

Air Quality Division Mike Warren Sr. Analyst

Dianna Grant Sr. Analyst

Tina Jenkins Sr. Analyst

Judy Shamley Sr. Analyst

Land Quality Division Jon Sweet Sr. Analyst

Lanny Goyn Sr. Analyst

Wyoming State Geological Survey Rod DeBruin Oil & Gas Geologist

Bob Lyman Coal Geologist

Wyoming Oil and Gas Commission Don Likwartz Supervisor

Wyoming Department of Commerce Dale Hoffman Mineral Tax Division Director

Wyoming Department of Information Wenlin Liu Division of Economic and Administration Analysis, Senior Economist

Wyoming Department of Revenue Dean Ternte Sr. Economist

Wyoming Employment Center Betsy Hockert Analyst

Final EIS, North Jacobs Ranch Coal Lease Application 5-3 5.0 Consultation and Coordination

Table 5-2. List of Preparers. Name Education/Experience Responsibility BLM/USFS/OSM INTERDISCIPLINARY TEAM Core Team Nancy Doelger, BLM M.S., B.S., Geology, Project Coordinator 24 years professional experience (Licensed Wyoming Geologist) Mike Karbs, BLM M.S., Regional Planning and Public Policy, Document Reviewer B.S., Mineral Engineering, 26 years professional experience Mel Schlagel, BLM M.S., Agricultural Economics, Document Reviewer 33 years professional experience Floyd McMullen, OSM M.S., Environmental Science, B.S., Project Coordinator Range/Forest Management, 27 years professional experience Support Team Norman Braz, BLM M.S., B.S., Geology, Coal Geologist Reviewer 19 years professional experience (Licensed Wyoming Geologist) Luben Ouano, BLM B.S., Civil Engineering, Mining Engineering 21 years professional experience Reviewer Mavis Love, BLM 19 years professional experience Adjudication Reviewer B.J. Earle, BLM B.A., Archaeology, Cultural Resources 23 years professional experience Reviewer Laurie Bryant, BLM Ph.D., Paleontology, Paleontological Resources 37 years professional experience Reviewer Larry Gerard, BLM B.S., Wildlife Management, Wildlife Resources 23 years professional experience Reviewer Mike Brogan, BLM B.S., Watershed Management/Hydrology Hydrology Reviewer /Forestry, 21 years professional experience Joe Meyer, BLM B.S., Watershed Management/Soils Minor, Soils Reviewer 17 years professional experience Tim Nowak, BLM M.A., Anthropology/Archaeology, Native American 32 years professional experience Consultation Reviewer Susan Caplan, BLM M.S., Air Resource Management, B.S., Air Quality Reviewer Meterology & Mathematics, 15 years professional experience. Fred Crockett, BLM M.S., B.A. Geology Petroleum Geology 24 years professional experience Reviewer (Licensed Wyoming Geologist) Dean Stilwell, BLM M.S., B.S., Geology Petroleum Geology 22 years professional experience Reviewer (Licensed Wyoming Geologist) Steve Hageman B.S. Chemistry Economic Evaluation 23 years experience Reviewer

5-4 Final EIS, North Jacobs Ranch Coal Lease Application 5.0 Consultation and Coordination

Table 5-2. List of Preparers. (Continued) Name Education/Experience Responsibility WESTERN WATER CONSULTANTS, INC. Doyl Fritz M.S., B.S. Civil Engineering, 30 years Report Preparation professional experience (Licensed Professional Engineer) Mike Evers M.S., B.S. Geology, 16 years professional Project Management, experience (Licensed Wyoming Geologist) Report Preparation Ken Collier B.S. Geology, 23 years professional Report Preparation experience (Licensed Wyoming Geologist) Mal McGill 1 year professional experience CADD Rodney Ventling 10 years professional experience CADD Heidi Robinson 9 years professional experience Document Production

INTERMOUNTAIN RESOURCES Jim Orpet M.S. Range Management, B.S. Wildlife Physical Resources Management, 21 years professional experience Bill Glenn B.S. Agronomy, 33 years professional Soil Baseline experience Russell Tait B.S. Wildlife Management, 6 years Wildlife Baseline professional experience

GCM SERVICES, INC. David Ferguson M.A. Anthropology, 13 years experience Cultural Resources Garren Meyer B.A. Anthropology, 9 years experience Cultural Resources

Final EIS, North Jacobs Ranch Coal Lease Application 5-5 5.0 Consultation and Coordination

Table 5-3. Distribution List - Final EIS.

Powder River Regional Coal Mel Schlagel Michael Long Team BLM WY Coal Coordinator U.S. Fish & Wildlife Service Voting Members Cheyenne, WY Cheyenne, WY

Honorable Jim Geringer Rebecca Good Joe Reddick Governor of Wyoming BLM MT Coal Coordinator U.S. Forest Service Cheyenne, WY Billings, MT Douglas, WY

Honorable Judy Martz Carol Molnia Bill Radden-Lesage Governor of Montana U.S. Geological Survey BLM Solids Group Helena, MT Denver, CO Washington, D.C.

Al Pierson Richard Stefanic Congressional Offices BLM Wyoming State Director David Pennington Cheyenne, WY Bureau of Indian Affairs U.S. Congresswoman Billings, MT Barbara Cubin Matt Millenbach Casper, WY BLM Montana State Director Chairman Jeri Small Billings, MT Allen Clubfoot U.S. Senator Michael Enzi Jason Whiteman Casper, WY Alan Rabinoff Northern Cheyenne Tribal Gillette, WY BLM Deputy State Director Council Minerals and Land Lame Deer, MT U.S. Senator Craig Thomas Cheyenne, WY Casper, WY Chairman Clifford Sheridan, WY Powder River Regional Coal Birdinground Team Crow Tribal Council U.S. Senate Committee on Non-Voting Members & Crow Agency, MT Environment & Public Works Alternate Voting Members Washington, D.C. Tom Langston Bud Clinch Dept. of Community Dev. Federal Agencies State Of Montana Gillette, WY Bureau of Indian Affairs Steve Reynolds John Young Washington D.C. Wyoming Business Council Big Horn Co. Planning Board Cheyenne, WY Decker, MT Bureau of Land Management Rawlins, WY Floyd McMullen Ted Fletcher Buffalo, WY Office of Surface Mining Powder River County Miles City, MT Reclamation & Enforcement Ashland, MT Washington, D.C. Western Field Operations Denver, CO Joan Stahl Bureau of Reclamation Rosebud Cty. Commissioner Denver, CO Tom Florich Forsyth, MT Washington D.C. U.S. Forest Service Medicine Bow National Forest Lyle Rising Federal Highway Admin. Laramie, WY Regional Solicitor’s Office Washington, D.C. Rocky Mountain Region Chas Cartwright Denver, CO Minerals Management Serv. NPS, Devils Tower National Denver, CO Monument Brenda Aird Herndon, VA Devils Tower, WY BLM Solids Group Washington, D.C. National Park Service Lakewood, CO Washington, D.C.

5-6 Final EIS, North Jacobs Ranch Coal Lease Application 5.0 Consultation and Coordination

Table 5-3. Distribution List - Final EIS. (Continued)

Office of Surface Mining Representative Ross Diercks Senator Steven Youngbauer Reclamation & Enforcement Lusk, WY Gillette, WY Casper, WY Denver, CO Representative James C. State Agencies Washington, D.C. Hageman Fort Laramie, WY Wyoming Business Council U.S. Fish & Wildlife Service Cheyenne, WY Washington, D.C. Representative Bill Stafford Helena, MT Chugwater, WY Wyoming Dept. of Agriculture Cheyenne, WY U.S. Army Corps of Engineers Representative Cheyenne, WY Roger Huckfeldt Wyoming Dept. of Omaha, NE Torrington, WY Employment Research and Planning U.S. Dept. of the Interior Representative John J. Hines Casper, WY Denver, CO Gillette, WY Wyoming Department of OEPC, Washington, D.C. Representative Dave Edwards Environmental Quality Natural Resources Library, Douglas, WY Cheyenne, WY Washington, D.C. Sheridan, WY Representative U.S. Dept. of Agriculture Douglas Osborn Wyoming Department of Forest Service Buffalo, WY Transportation Lakewood, CO Cheyenne, WY Washington, D.C. Representative Marlene Simons Wyoming Director of Federal U.S. Department of Energy Beulah, WY Land Policy Washington, D.C. Cheyenne, WY Casper, WY Representative Rick Tempest Casper, WY Wyoming Div. of Economic U.S. Environmental Protection Analysis Agency, Representative Cheyenne, WY Region VIII, Denver, CO Jeff Wasserburger Office of Federal Activities, Gillette, WY Wyoming Game & Fish Dept. Washington, D.C. Cheyenne, WY Senator Bill Barton Gillette, WY U.S. Geological Survey Upton, WY Lander, WY Cheyenne, WY Sheridan, WY Reston, VA Senator Gerald E. Geis Worland, WY Wyoming Industrial Siting State Government Division Senator Dick Erb Cheyenne, WY Representative George B. Gillette, WY McMurtrey Wyoming Oil and Gas Rozet, WY Senator Jim Anderson Conservation Commission Glenrock, WY Casper, WY Representative Jack Landon Sheridan, WY Senator Bill Hawks Wyoming Parks & Cultural Casper, WY Resources Department Representative Bruce Burns Cheyenne, WY Sheridan, WY Senator Tom Kinnison Sheridan, WY Wyoming Public Service Representative Nick Deegan Commission Gillete, WY Senator John Schiffer Cheyenne, WY Kaycee, WY

Final EIS, North Jacobs Ranch Coal Lease Application 5-7 5.0 Consultation and Coordination

Table 5-3. Distribution List - Final EIS. (Continued)

Wyoming State Town of Wright Flandreau Santee Sioux Clearinghouse Wright, WY Executive Committee Cheyenne, WY Flandreau, SD Indian Tribes & Tribal Wyoming State Engineer's Governments Crow Creek Sioux Tribal Office Council Cheyenne, WY William C'Hair Fort Thompson, SD Arapahoe, WY Wyoming State Geological Oglala Sioux Tribal Council Survey Haman Wise Pine Ridge, SD Laramie, WY Fort Washakie, WY Lower Brule Sioux Tribe Wyoming State Inspector of Francis Brown Lower Brule, SD Mines Riverton, WY Rock Springs, WY Rosebud Sioux Tribe Delphine Clair Rosebud, SD Wyoming Water Development Fort Washakie, WY Commission Standing Rock Sioux Agency Cheyenne, WY Arapahoe Business Council Fort Yates, ND Fort Washakie, WY Local Government S. Cheyenne/S. Arapaho Shoshone Business Council Tribal Offices Campbell County Economic Fort Washakie, WY Concho, OK Development Committee Gillette, WY Shoshone Tribal Attorney Industry and Business Ft. Washakie, WY Campbell Co. Commissioners RAG Coal West Gillette, WY Clifford Long Sioux Gillette, WY Busby, MT Campbell County School American Colloid Co. Superintendent Crow Tribal Council Belle Fourche, SD Gillette, WY Crow Agency, MT Antelope Coal Company City of Douglas Crow Tribal Administration Gillette, WY Douglas, WY Crow Agency, MT Ark Land Company City of Gillette Northern Cheyenne Cultural Fairview, IL Gillette, WY Committee Lame Deer, MT Arnjac Converse Co. Commissioner Laramie, WY Mr. Leon Chamberlain Northern Cheyenne Tribal Douglas, WY Council Baccari & Associates Lame Deer, MT Sheridan, WY Converse Co. Commissioners Douglas, WY Steven Brady Barrett Resources Corp. Lame Deer, MT Denver, CO Converse Co. Joint Powers Gillette, WY Board Santee Sioux Tribal Council Douglas, WY Niobrara, NE Belle Ayr Mine Gillette, WY Converse Co. Planning Office Cheyenne River Sioux Douglas, WY Tribal Administration Bjork, Lindley, Danielson & Eagle Butte, SD Baker, P.C. Converse Co. School District Denver, CO Douglas, WY

5-8 Final EIS, North Jacobs Ranch Coal Lease Application 5.0 Consultation and Coordination

Table 5-3. Distribution List - Final EIS. (Continued)

Bridgeview Coal Company ENCOAL Keeline Coal Trust Farmington, PA Gillette, WY Casper, WY

Bucksin Mine Evergreen Enterprises Kennecott Energy Company Gillette, WY Casper, WY Gillette, WY

Burlington Northern Railroad Foster-Wheeler Kenneth R. Paulsen Fort Worth, TX Environmental Consulting Lakewood, CO Arvada, CO Burns & McDonnell Kansas City, MO Gerald Jacob Key Production Co. Environmental Const. Denver, CO Celsius Energy Co. Boulder, CO Denver, CO Kfx Wyoming Gillette Chamber of Gillette, WY C.H. Snyder Company Commerce Kittanning, PA Gillette, WY L.E. Peabody & Associates Alexandria, VA CE&MT, Inc. Glenrock Coal Co. Gillette, WY Glenrock, WY M&K Oil Company Gillette, WY CH2M Hill Greystone Englewood, CO Greenwood, CO Marston & Marston St. Louis, MO Citation 1994 Investment Hardin & Associates Houston, TX Castle Rock, CO McGraw-Hill Washington D.C. Consol, Inc. Holland & Hart Sesser, IL Cheyenne, WY McVehil-Monnett Associates, Inc. Cordero-Rojo Mine Complex Hunt Oil Co. Denver, CO Gillette, WY Dallas, TX Meineadair Consultants Davis Oil Co. Independent Production Arvada, CO Denver, CO Denver, CO Merit Energy Partners Decker Coal Company Ind. Consultant Network Dalles, TX Omaha, NE Brian Kennedy Boulder, CO Mine Engineers, Inc. Duke Energy Cheyenne, WY Denver, CO Intermountain Resources Laramie, WY Mining Associates of Wyoming Douglas Chamber of Casper, WY Commerce Inexco Oil Co. Douglas, WY Midland, TX Nerco Coal Co. Ione, CA Dry Fork Coal Company Jacobs Land & Livestock Co. Gillette, WY Magna, UT North Rochelle Mine Gillette, WY Eagle Butte Mine Jacobs Ranch Coal Corp. Gillette, WY Gillette, WY Norwest Mine Services Salt Lake City, UT ECC KN Energy Casper, WY Lakewood, CO Oilfield Salvage Co. Englewood, CO

Final EIS, North Jacobs Ranch Coal Lease Application 5-9 5.0 Consultation and Coordination

Table 5-3. Distribution List - Final EIS. (Continued)

P&M Coal Company Thunder Basin Coal Company Audubon Society Englewood, CO Wright, WY Casper, WY Cheyenne, WY PacifiCorp/Interwest Mining Tom Brown Inc. Sheridan, WY Company Denver, CO Salt Lake City, UT Foundation for North Torch Energy American Wild Sheep PIC Technologies Houston, TX Cody, WY Denver, CO TRC Mariah Associates Inc. Friends of the Bow/ PIP Energy IV-80 Laramie, WY Biodiversity Associates Boston, MA Laramie, WY TRC Environmental Pepper Tank Co. Englewood, CO Institute for Policy Research Northwestern University Perry R. Bass Inc. Triton Coal Company Evanston, IL Fort Worth, TX Gillette, WY Izaak Walton League of Poudre Environmental URS Greiner Woodward Clyde America Consultants Denver, CO Casper, WY Ft. Collins, CO US West Communications Inyan Kara Grazing Assoc. Powder River Eagle Studies Casper, WY Newcastle, WY Inc. Gillette, WY WWC Engineering Law Fund Sheridan, WY Boulder, CO Powder River Coal Company Gillette, WY Wellstar Corporation Medicine Wheel Alliance Platteville, CO Huntley, MT Powder River Energy Corp. Sundance, WY Western Gas Resources National Mining Association Denver, CO Washington, D.C. Powder River Oil & Gas Vent. Denver, CO Western Fuels Association National Wildlife Federation Lakewood, CO Washington, D.C. Redstone Resources Newcastle, WY Western Energy Co. Natural Resources Defense Colstrip, MT Council Riverside Technology, Inc. San Francisco, CA Fort Collins, CO Wright Chamber of Commerce Wright, WY Petroleum Assoc. of Wyoming Royal Gold, Inc. Casper, WY Denver, CO Wyodak Resources Dev. Corporation Powder River Basin Resource Salt River Project Gillette, WY Council Phoenix, AZ Sheridan, WY Yates Drilling Company San Juan Coal Co. Artesia, NM Sierra Club Waterflow, NM Sheridan, WY Interest Groups & Shea & Gardner Professional Societies The Fund for Animals Washington, D.C. Jackson, WY Advisory Council on Historic The Rim Companies Preservation The Nature Conservancy Englewood, CO Golden, CO Laramie, WY

5-10 Final EIS, North Jacobs Ranch Coal Lease Application 5.0 Consultation and Coordination

Table 5-3. Distribution List - Final EIS. (Continued)

Thunder Basin Grazing Assoc Joseph E. Casselus Wendy Jo McCroskey Douglas, WY William A. Clough Clarke K. Mills Trust Wildlife Management Institute Fort Collins, CO Ruth Corley Dale Mills Trust

Wind River Multiple Cecil Cundy Alice L. Monden Use Advocates Riverton, WY Nancy Higgins F. L. Natta

Wyoming Stock Growers D&J Jacobs Family Trust Jack Nisselius Trust Assoc. Cheyenne, WY The Daniels Trust Hazel K. Nisselius Trust

Wyoming Wildlife Federation Jerry Daub T.E. Nordgren Cheyenne, WY Larry E. Dunlap Gladys K. Norwood Wyoming Geological Assoc. Casper, WY Lee E. Dunlap Betty Jo Oertle Trust

Wyoming Outdoor Council Zeta Dunlap Trust #1 Ted Olson Lander, WY George R. & Elaine Keeline Axel R. Ostlund Trust Wyoming Association of Trust Professional Archaeologists Mary V. Ostlund Trust Casper, WY Barbara Jean Fleischman Laramie, WY Robert L. Penner Patrick & Peggy Flinn Wyoming Bankers Association Wilbert H. Penner Cheyenne, WY Joyce Allen Hanson John Pexton Wyoming Wool Growers Joseph M. Hays Association C.J. Robertson Casper, WY Betty R. Hewit Sarah M. Roe Wyoming Mining Association William H. Edelman Trust Cheyenne, WY Bill Saulcy Shirley R. Hood Wyoming Heritage Society Dave Shippy Casper, WY Polly Ann Hopkins Martha Sizemore Wyoming Public Lands The E. Bradley Huidepohl Council Trust Lynn D. & Lee R. Smith Casper, WY John A. Jacobs Shirley Spansberg Individuals Rex W. & Marjorie Johnson Donald K. Springen Ralph Barbero Trust Kenneth C. Revland Trust Scott Benson Harry W. Keeline, III Vern G. Thomas Sheldon Bierman George C. Kennedy Dean Unruh Charles A Brenk John Kimberlin Florence Unruh William C. Brenk Richard K. Lisco

Final EIS, North Jacobs Ranch Coal Lease Application 5-11 5.0 Consultation and Coordination

Table 5-3. Distribution List - Final EIS. (Continued)

Carl C. Williams

George Woolsey

John Williams

Mark Winland

Libraries

The Libraries Colorado State University Fort Collins, CO

Univ. of Wyoming Libraries Laramie, WY

Media

Coal Daily Washington, D.C.

Gillette News-Record Gillette, WY

Rocky Mountain Oil Journal Denver, CO

Western Coal Newsletter Knoxville, TN

Cheyenne-Wyoming Eagle Cheyenne, WY

Associated Press Cheyenne, WY

Casper Journal Casper, WY

Casper Star-Tribune Casper, WY

The Douglas Budget Douglas, WY

5-12 Final EIS, North Jacobs Ranch Coal Lease Application 6.0 References Cited

6.0 REFERENCES CITED Management, State Office, Cheyenne, Wyoming. Applied Hydrology & Associates (AHA), 1999, Technical Report on , 1985, Buffalo Area Resource Groundwater Modeling of CBM Management Plan Environmental Development, Powder River Impact Statement. U.S. Basin, Wyoming. Prepared by Department of the Interior, AHA for the BLM, Buffalo, Bureau of Land Management, Wyoming. Buffalo Resource Area, Casper, Wyoming. Bayles, Judy, Bayles Realty, personal communication, March 7, 2000. , 1988, NEPA Handbook H­ 1790-1. U.S. Department of the Brown, Boyd, Campbell County High Interior, Bureau of Land School, personal communication, Management. October 16, 2000. , 1989, Manual 3420, Bureau of Land Management, 1974, Competitive Coal Leasing. U.S. Final Environmental Impact Department of the Interior, Statement, Eastern Powder River Bureau of Land Management. Basin of Wyoming. U.S. Department of the Interior, , 1991, Powder River Regional Bureau of Land Management. Coal Team Operational Guidelines for Coal Lease-By- , 1979, Final Environmental Applications. U.S. Department Impact Statement, Proposed of the Interior, Bureau of Land Development of Coal Resources Management. in the Eastern Powder River Wyoming. U.S. Department of , 1992a, Final Environmental the Interior, Bureau of Land Assessment for the West Black Management, Washington, D.C. Thunder Coal Lease Application. U.S. Department of the Interior, , 1981, Final Powder River Bureau of Land Management, Regional Coal Environmental Casper District Office, Casper, Impact Statement. U.S. Wyoming. Department of the Interior, Bureau of Land Management, , 1992b, Final West Rocky Butte Cheyenne, Wyoming. Coal Lease Application Environmental Impact , 1984, Draft Environmental Statement. U.S. Department of Impact Statement for Round II the Interior, Bureau of Land Coal Lease Sale in the Powder Management, Casper District River Region. U.S. Department Office, Casper, Wyoming. of the Interior, Bureau of Land

Final EIS, North Jacobs Ranch Coal Lease Application 6-1 6.0 References Cited

, 1996a, Draft Economic , 1996g, Draft Energy Resources Summary for the Buffalo Booklet for the Buffalo Resource Resource Area. U.S. Department Area. U.S. Department of the of the Interior, Bureau of Land Interior, Bureau of Land Management, Casper District Management, Casper District Office, Buffalo, Wyoming. Office, Buffalo, Wyoming.

, 1996b, Draft Natural Systems , 1997, Draft and Final Gillette Paper for the Buffalo Resource South CBM Project AreaGs Land Use Plan. U.S. Environmental Impact Statement, Department of the Interior, U.S. Department of the Interior, Bureau of Land Management, Bureau of Land Management, Casper District Office, Buffalo, Buffalo Resource Area, Buffalo, Wyoming. Wyoming.

, 1996c, Draft Environmental , February 1998, Final Consequences of Existing Environmental Impact Statement Management for the Buffalo for the Powder River Coal Lease Resource Area. U.S. Department Application (WYW136142) and of the Interior, Bureau of Land Thundercloud Coal Lease Management, Casper District Application (WYW1361458), Office, Buffalo, Wyoming. Casper District Office.

, 1996d, Draft Existing , 1999a, Wyodak Coal Bed Management of the Buffalo Methane Project Draft Resource Area. U.S. Department Environmental Impact Statement. of the Interior, Bureau of Land Buffalo Field Office, May 1999. Management, Casper District Office, Buffalo, Wyoming. , 1999b, Final Environmental Assessment WY-070-EA-9-191 for , 1996e, Southern Powder River the Proposed Enron (Belco)-BLM Basin Coal Leasing Study. U.S. Coal Lease Exchange Department of the Interior, WYW322794. Casper Field Bureau of Land Management, Office, October 1999. State Office, Cheyenne, Wyoming. , 1999c, Wyodak Coal Bed , 1996f, Coal Development Status Methane Project Final Check Powder River Federal Coal Environmental Impact Statement. Region Montana & Wyoming Data Buffalo Field Office, October Tables. U.S. Department of the 1999. Interior, Bureau of Land Management, Casper District , 1999d, Resource Recovery and Office, Casper, Wyoming. Protection Plan for the Jacobs Ranch Mine. U.S. Department of

6-2 Final EIS, North Jacobs Ranch Coal Lease Application 6.0 References Cited

the Interior, Bureau of Land 523.4 Million Tons”, Financial Management. Times Energy.

, 2000a, Final Environmental Crist, M.A., 1991, Evaluation of Impact Statement for the Horse groundwater-level changes near Creek Lease Application Gillette, northeastern Wyoming. (WYW141435), Casper Field U.S. Geological Survey, Water Office. Resources Investigations Report 88-4196. , 2000b, I ns t r u c t ion Memorandum No. 2000-081, Dailey, Bernard J., March 3, 2000, Policy on Conflicts between CBM personal communication and Coal Development, February (permitted production capacity by 2000. mine as of 10/1/99).

Buresh, Tammy, Wright Water and Dakota, Minnesota & Eastern Sewer District, personal Railroad Corporation, 1998, communication, October 17, DM&E Website, 2000. . Site includes links to news, STB Campbell County Economic application, maps and other Development Corporation, 1997, company information. Community Profile and Business Profile, Campbell County, DeBruin, R.H., 1996, Oil and gas map Wyoming. of Wyoming: Wyoming State Geological Survey Map Series MS­ , June 2000, information acquired 48, scale 1:500,000. from website on the internet: . DeBruin, R.H., and Jones, R.W., 1989, Coalbed methane in Casper Star Tribune, 2001, “Coal­ Wyoming: Guidebook on gas fired Power Plant Sought near resources of Wyoming, pp. 97­ Gillette”, April 9. Acquired from 104. website on internet: . and yield analysis for the ENCOAL LFC™ Plant, Water City of Gillette, 1978, City of Supply Wells at North Rochelle Gillette/Campbell County Mine. Submitted to Wyoming Comprehensive Planning State Engineer. Program. Gillette, Wyoming. Energy Information Administration, Coal Outlook Supplement, August 9, 2000, Emissions of Greenhouse 1999, “Wyoming PRB ready for Gases in the United States 1999 ­ Methane Emissions. U.S.

Final EIS, North Jacobs Ranch Coal Lease Application 6-3 6.0 References Cited

Department of Energy/Energy Reprinted from Keystone Coal Information Administration Industry Manual, 1997. Report EIA/DOE-0573(99) at http://www.eia.doe.gov. Greystone Environmental Consultants, Inc., 1999. Draft , 2000, Annual Energy Overview Technical Reference Document, 1999. U.S. Department of Wyodak CBM Project Air Quality Energy/Energy Information Impact Analysis. Prepared by Administration Annual Energy Greystone for BLM, Buffalo, Overv i e w Report at Wyoming. http:\\www.eia.doe.gov. Hadley, R.F. and Schumm S.A., 1961, Finley, A., and Goolsby, J., Sediment sources and drainage 2000, Estimates of Coal Volumes basin characteristics in Upper and Coalbed Methane in Place, Cheyenne River Basin, United Powder River Basin, Wyoming. States Department of Interior, Wyoming State Geological Survey, U.S. Geological Survey Water Wyoming Geo-Notes No. 68, Supply Paper 1531-B. Laramie, Wyoming. Hockert, Betsy, Wyoming GCM Services, Inc., March 2000, A Employment Center, Gillette, Class III Cultural Resource personal communication, October Inventory of the Jacobs Ranch 17, 2000. Coal Company’s North Study Area and North Study Area (East), Hodson, W.G., R.H. Pearl and S.A. Campbell County, Wyoming. Druse, 1973, Water Resources of the Powder River Basin and Gillette News Record, 1996, “Big Adjacent Areas, Northeastern projects could bring local boom”, Wyoming. USGS Hydrologic Deb Holbert, December 18. Investigations Atlas HA-465.

, 1997, “Gillette population takes Hollaway, Deirdre, Horizon Realty, a downswing”, Valerie Kiger, personal communication, March December 11. 7, 2000.

, 2000a, “Power plant work Humphrey, Mark, OSM Casper, could begin in June”, Dustin personal communication, April Bleizeffer, March 16. 2000.

, 2000b, “Gas explosion”, Kristy Hydro-Engineering, 1991a, GAGMO Gay, March 26. 1991 Annual Report. Prepared for the Gillette Area Groundwater Glass, Gary B., 1997, Coal Geology of Monitoring Organization. Wyoming. Wyoming State Geological Survey reprint No. 63.

6-4 Final EIS, North Jacobs Ranch Coal Lease Application 6.0 References Cited

, 1991b, GAGMO 10-year Report. , 1999, GAGMO 1999 Annual Prepared for Gillette Area Report. Prepared for the Gillette Groundwater Monitoring Area Groundwater Monitoring Organization. Organization.

, 1992, GAGMO 1992 Annual IMPROVE, 1995, Visibility report Report. Prepared for the Gillette from 1992-1995 acquired from Area Groundwater Monitoring the EPA’s Ambient Monitoring Organization. Technology Information Center (AMTIC) website, , 1993, GAGMO 1993 Annual . Area Groundwater Monitoring Organization. Jacobs Ranch Coal Company, 1995­ 1999, Annual Reports to , 1994, GAGMO 1994 Annual WDEQ/AQD, on file in Cheyenne, Report. Prepared for the Gillette Wyoming. Area Groundwater Monitoring Organization. , 1998, Lease by Application for the North Jacobs Ranch Tract, , 1995, GAGMO 1995 Annual prepared October 2, 1998. Report. Prepared for the Gillette Area Groundwater Monitoring , 1999a, Jacobs Ranch Mine Organization. Permit Application 271-T4 on file with WDEQ/LQD, Cheyenne, , 1996a, GAGMO 15-year Report. Wyoming. Prepared for Gillette Area Groundwater Monitoring , 1999b, Annual Report to Organization. WDEQ/LQD, on file in Cheyenne, Wyoming. , 1996b, 1996 GAGMO Annual Report. Prepared for Gillette Area , 1999c, Section 21 Permit Groundwater Monitoring Application for Modification to Air Organization. Quality Permit No. MD-224 for the Jacobs Ranch Mine, prepared , 1997, GAGMO 1997 Annual by TRC Environmental Report. Prepared for the Gillette Corporation for Kennecott Area Groundwater Monitoring Energy. Organization. Kerr-McKee Coal Corporation, Jacobs , 1998, GAGMO 1998 Annual Ranch Mine, 1980-1994, Annual Report. Prepared for the Gillette Reports to WDEQ/LQD, on file in Area Groundwater Monitoring Cheyenne, Wyoming. Organization.

Final EIS, North Jacobs Ranch Coal Lease Application 6-5 6.0 References Cited

Law, B.E., 1976, Large-scale Investigations Report 88-4046. compaction structures in the Prepared in cooperation with coal/bearing Fort Union and Wyoming Department of Wasatch Formations, northeast Environmental Quality and U.S. Powder River Basin, Wyoming: in Office of Surface Mining, Wyoming Geological Association: Cheyenne, Wyoming. Guidebook on geology and energy resources of the Powder River Martner, B.E., 1986, Wyoming Basin, pp. 221-229. Climate Atlas. Prepared in cooperation with the Wyoming Law, B.E., D.D. Rice, and R.M. Flores, Water Research Center, 1991, Coalbed gas accumulations University of Wyoming. in the Paleocene Fort Union Formation. Powder River Basin, Mine Safety and Health Wyoming: in Coalbed Methane of Administration, 1997, 645 Western North America: Database, Wyoming Summary Guidebook for the Rocky Employment and Injury Mountain Association of Information. Geologists fall conference and field trip, Stephen D. Schwochow National Oceanic and Atmospheric ed. Administration, 1969, Climatography of the United Lewis, B.D. and W.R. Hotchkiss, States: Asheville, North Carolina, 1981, Thickness, percent sand, National Climatic Center, and configuration of shallow Climatological Summaries, No. hydrogeological units in the 20-48. Powder River Basin, Montana and Wyoming. U.S. Geological Survey North East Wyoming Economic Miscellaneous Investigation Development Coalition Series Map I-1317. (NEWEDC), 1997, Converse County Community Profile. Lyman, R.M. and L.L. Hallberg, August 1999, Wyoming Coal , 2000, information Mines and Markets. Wyoming acquired from website on the State geological Survey Coal internet: .

Martin, L.J., D.L. Naftz, H.W. Oakleaf, B., B. Luce, S. Ritter, and Lowham, and J.G. Rankl, 1988, A. Cerovski, 1992, Wyoming bird Cumulative potential hydrologic and mammal atlas. Wyoming impacts of surface coal mining in Game and Fish Department, the eastern Powder River Cheyenne, Wyoming. 170 pp. Structural Basin, northeastern Wyoming (CHIA). U.S. Geological Oedekoven, O.O., 1994, Distribution, Survey, Water Resources habitat use, and population

6-6 Final EIS, North Jacobs Ranch Coal Lease Application 6.0 References Cited

dynamics of the Rochelle Hills elk Remington, T.E., and C.E. Braun, herd, Final Report, Wyoming 1991, How surface coal mining Game and Fish Department, affects sage grouse, North Park, Gillette, Wyoming. Colorado. Pages 128-132 in R.D. Comer, P.R. Davis, S.Q. Foster, Office of Surface Mining Reclamation C.V. Grant, S. Rush, O. Thorne, II, and Enforcement, 1980, Noise and J. Todd (eds.), Proceedings V: impact assessment for the Issues and technology in the Caballo Rojo Mine. Unpublished management of impacted wildlife. Report prepared by James M. Thorne Ecological Institute, Montgomery, Consulting Boulder, Colorado. Engineers, Inc. Aurora, Colorado. Resource Data International, 1998, , 1982, Assessment of Impacts on Outlook for Coal and Competing Bald Eagles, U.S. Department of Fuels. the Interior, Office of Surface Mining Reclamation and Shamley, Judy, WDEQ/AQD, April Enforcement, Denver, Colorado. 11, 2000, personal communication. , 1984, Correlation and effect of mine facility wells on the Tullock Shelley, Kevin, 1992, Habitat Aquifer in the Gillette, Wyoming, Reclamation for Birds and Small vicinity. Prepared by G.E. Mammals on Surface Mined McIntosh, C.A. Harrison, and J.V. Lands in the Powder River Basin, Wilcox. Wyoming. M.S. Thesis Department of Zoology and Olive, W.W., 1957, The Spotted Horse Physiology, University of Coalfield, Sheridan and Campbell Wyoming. Counties, Wyoming: U.S. Geological Survey Bulletin 1050. Surface Transportation Board, 2000, Draft EIS for the DM&E Powder Planning Information Corporation, River Basin Expansion Project. 1997, ENCOAL Corporation WISD Prepared in cooperation with the Request for Waiver of Permit BLM. September 2000. Application, prepared for ENCOAL Corporation. Thunder Basin Coal Company, Black Thunder Mine, 1980-1996, Rehm, B.W., G.H. Groenewold, and Annual Reports to WDEQ/LQD, K.A. Morin, 1980, Hydraulic on file in Cheyenne, Wyoming. properties of coal and related materials, Northern Great Plains: U.S. Army Corps of Engineers, 1987, Groundwater, v. 18, no. 6, pp. Corps of Engineers Wetlands 551-561. Delineation Manual, by the Environmental Laboratory,

Final EIS, North Jacobs Ranch Coal Lease Application 6-7 6.0 References Cited

Department of the Army, States Oil and Gas Resources Waterways Experiment Station. Circular 1118.

U.S. Bureau of the Census, USA University of Wyoming, 1994, Counties 1996 CD-ROM. Economic Impact of Coal on Wyoming's Economy. USDA FS, 1999, Personal Cooperative Extension Service, communication, T. Blett to W. Department of Agricultural Konkel (as referenced in Wyodak Economics, College of Agriculture. CBM DEIS). B-987.

USEPA, 1998, Interagency Van Voast, W.A and Reiten, J.C., Workgroup on Air Quality 1988, Hydrogeologic Modeling (IWAQM) Phase 2 response–twenty years of surface Summary Report: coal mining in southeastern Recommendations for Modeling Montana: Montana Bureau of Long Range Transport Impacts Mines and Geology Memoir 62. Research Triangle Park, North Caroline (EPA-454/R-98-09). Wyoming Coal Information Committee, 1998, A Concise USFS, 1985, Land and Guide to Wyoming Coal. Resource Management Plan, Medicine Bow National Forest and Wyoming Department of Thunder Basin National Administration and Information Grassland, USDA Forest Service, Division of Economic Analysis, October 1985. March 1999, Wyoming Economic Forecast Report, 8th Edition. , 1987, Forest Service Handbook, FSH 2509-19 - Air Resource , April 2001, Population of Management Handbook. Counties and Incorporated Places: 1990 and 2000. Acquired , undated, unsuitability Criteria from website on internet: Assessment, High to Moderate . Coal Potential, Thunder Basin National Grassland, Converse and , February 2000, Outlook 2000: Campbell Counties, Wyoming. Joint Economic and Demographic Forecast to 2008. Prepared with USFWS, March 16, 2000, Wyoming Department of Correspondence from Wyoming Employment, Research and Field Office Supervisor Michael Planning. Long to Russel Tait of Intermountain Resources. Wyoming Department of Commerce, Energy Section, 1997, personal U.S. Geological Survey, 1995, 1995 communication with Ed Schmidt. National Assessment of United

6-8 Final EIS, North Jacobs Ranch Coal Lease Application 6.0 References Cited

Wyoming Department of Employment, Game and Fish Dept. Publ., Employment Resources Division, Cheyenne, Wyoming. 1999 County Fact Sheet. , 1998, Casper and Sheridan Wyoming Department of Employment, Region Big Game Herd Unit Employment Resources Division, Reports. Research and Planning, March 2001, Wyoming Labor Force , May 21, 1999, Correspondence Trends. Information acquired from Deputy Director Bill Wichers from website on the internet: to Rick Chancellor of the . Environmental Quality, Land Quality Division. Wyoming Department of Employment, Research and Planning, October Wyoming Mining Association, Air 2000, Information acquired from Quality Subcommittee, 2000, website on the internet: Powder River Basin Short Term

. Wyoming Oil and Gas Conservation Wyoming Department of Commission, June 2000, Environmental Quality, Air information acquired from Quality Division, 1989, Report on WOGCC we b s ite Air Quality Monitoring in . Wyoming’s Powder River Basin, 1980-1988. Wyoming State Engineer’s Office, 2000, Retrieval of Groundwater , Air Quality Division 1989-1997, and Surface Water Rights, May Air Quality Monitoring Data on 2000, Cheyenne, Wyoming. file with WDEQ/AQD, Cheyenne, Wyoming. Wyoming State Geological Survey, 1994, Wyoming Geo-notes, No. , Air Quality Division, 1995, Air 43, 49 pp. Quality Rules and Regulations. , 1996, No. 52, 59 pp. Wyoming Department of Revenue, 2000, 1999 Annual Report. , 1997, No. 54, 66 pp. Information acquired November 7, 2000 from website on the , 1998, No. 58, 73 pp. internet: . , 1999, No. 61, 79pp.

Wyoming Game and Fish , 2000, No. 67, 64 pp. Department, 1996, Wildlife Observation System, Wyoming , 2001, No. 69, 44pp.

Final EIS, North Jacobs Ranch Coal Lease Application 6-9 6.0 References Cited

Wyoming State Inspector of Mines, 1990-1999, Annual Report of the State Inspector of Mines of Wyoming, Office of the State Inspector of Mines, Rock Springs, Wyoming.

Wyoming Water Resources Center, 1997, A study of techniques to assess surface and groundwater impacts associated with CBM and surface coal mining. In conjunction with WDEQ/LQD, SEO, WSGS, BLM and OSM.

Zeigler Coal Holding Company, August 29, 1997, Press release regarding ENCOAL plant.

6-10 Final EIS, North Jacobs Ranch Coal Lease Application 7.0 Glossary

7.0 GLOSSARY aboriginal - Related to early or primitive cultures in a region. ad valorem tax - A tax paid as a percentage of the assessed value of property. adverse impact -An apparent direct or indirect detrimental effect. aliquot - An exact portion. alkalinity - The degree to which the pH of a substance is greater than 7. alluvial deposit - Deposits of clay, silt, sand, gravel, and/or other materials carried by moving surface water, such as streams, and deposited at points of weak water flow; alluvium. alluvial valley floors (AVFs) - An area of unconsolidated stream-laid deposits holding streams with water availability sufficient for subirrigation or flood irrigation agricultural activities (see 30 CFR 701.5). alluvium - Sorted or semi-sorted sediment consisting of clay, silt, sand, gravel, or other unconsolidated rock material deposited in comparatively recent geologic time by a stream or other body of running water in the bed of that stream or on its flood plain or delta. alternative - In terms of the National Environmental Policy Act, one of several substitute or alternate proposals that a federal agency is considering in an environmental analysis. ambient -Surrounding conditions (or environment) in a given place and time. annual precipitation - The quantity of water that falls yearly in the form of rain, hail, sleet, and snow. approximate original contour - Post-mining surface configuration achieved by backfilling and grading of mined-out areas so that the reclaimed land surface resembles the general surface configuration of the land prior to mining (see 30 CFR 701.5). aquatic - Living or growing in or on the water. aquifer - A layer of permeable rock, sand, or gravel that stores and transmits water in sufficient quantities for a specific use.

Final EIS, North Jacobs Ranch Coal Lease Application 7-1 7.0 Glossary aquitard - a confining bed that retards but does not totally prevent the flow of water to or from an adjacent aquifer; a leaky confining bed. arithmetic mean - The sum of the values of n numbers divided by n. It is usually referred to as simply the “mean” or “average”. ash - The residual non-combustible matter in coal that comes from included silt, clay, silica, or other substances. The lower the ash content, the better the quality of the coal. avian - Of, relating to, or derived from birds. backfill - The operation of refilling an excavation. Also, the material placed in an excavation when it is refilled. baseline - Conditions, including trends, existing in the human environment before a proposed action is begun; a benchmark state from which the environmental consequences of an action are forecast; the no-action alternative. beneficial impact - An apparent direct or indirect advantageous effect. bentonite - A clay formed by the decomposition of volcanic ash which has the ability to absorb large amounts of water and to expand to several times its normal volume; used in adhesives, cements and ceramic fillers. bonus - That value in excess of the rentals and royalties that is paid to the United States as part of the consideration for receiving a lease for publicly owned minerals [see 43 CFR 3400.0-5(c)]. braided stream - A stream flowing in several dividing and reuniting channels resembling the strands of a braid. buffer zone - An area between two different land uses that is intended to resist, absorb, or otherwise preclude development or intrusion between the two use areas. bypass coal - An isolated part of a coal deposit that is not leased and that can only be economically mined in an environmentally sound manner as a part of continued mining by an existing adjacent operation [see 43 CFR 3400.0.5(d)]. clinker (scoria) - Baked and fused rock resulting from in-place burning of coal deposits. coal bed methane - Methane gas that is generated during the coal-forming process.

7-2 Final EIS, North Jacobs Ranch Coal Lease Application 7.0 Glossary colluvium - Rock fragments, sand, or soil material that accumulates at the base of slopes; slope wash. confluence - The point at which two or more streams meet. conglomerate - A rock that contains rounded rock fragments or pebbles cemented together by another mineral substance. contiguous - Lands or legal subdivisions having a common boundary, lands having only a common corner are not contiguous. cooperating agency - An agency which has jurisdiction by law in an action being analyzed in an environmental document and who is requested to participate in the NEPA process by the agency that is responsible for preparing the environmental document [see 40 CFR 1501.6 and 1508.5]. crucial wildlife habitat - Parts of the habitat necessary to sustain a wildlife population during periods of their life cycle. It may be a limiting factor on the population, such as nesting habitat or winter habitat. cultural resources - The remains of human activity, occupation, or endeavor reflected in districts, sites, structures, buildings, objects, artifacts, ruins, works of art, architecture, and natural features that reveal the nature of historic and prehistoric human events. These resources consist of (1) physical remains, (2) areas where significant human events occurred, and (3) the environment immediately surrounding the resource. cumulative impact - The impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or non-federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 1508.7). decibel - A unit of sound measurement. In general, a sound doubles in loudness for every increase of 10 decibels. deciview - A measure of view impairment (13 deciview equals a view of approximately 60 miles). dip - The angle at which a rock layer is inclined from the horizontal. direct (or primary) impact - An impact caused by an action that occurs at the same time and place as the action (see 40 CFR 1508.8).

Final EIS, North Jacobs Ranch Coal Lease Application 7-3 7.0 Glossary discharge - Any of the ways that ground water comes out of the surface, including through springs, creeks, or being pumped from a well. dissected upland - An upland or high area in which a large part of the original surface has been deeply cut into by streams. dragline - A type of excavating crane that casts a rope- or cable-hung bucket a considerable distance, collects the dug material by pulling the bucket toward itself on the ground with a second rope or cable, elevates the bucket, and dumps the material on a backfill bank or pile. eolian deposit - Sediment carried, formed, or deposited by the wind, as sand dunes. ephemeral stream - A stream that flows occasionally because of surface runoff, and is not influenced by permanent ground water. erosion - The wearing away of the land surface by running water, wind, ice or other geologic agents. evapotranspiration - The sum total of water lost from the land by evaporation and plant transpiration. excavation (archeological) - The scientifically controlled recovery of subsurface materials and information from a cultural site. Recovery techniques are relevant to research problems and are designed to produce maximum knowledge about the site's use, its relation to other sites and the natural environment, and its significance in the maintenance of the cultural system. fair market value - The amount in cash, or in terms reasonably equivalent to cash, for which in all probability a coal deposit would be sold or leased by a knowledgeable owner willing but not obligated to sell or lease to a knowledgeable purchaser who desires but is not obligated to buy or lease. fixed carbon - In coal, the solid combustible material remaining after removal of moisture, ash, and volatile matter. It is expressed as a percentage. floodplain -The relatively flat area or lowland adjoining a body of flowing water, such as a river or stream, that is covered with water when the river or stream overflows its banks. forage - Vegetation used for food by wildlife, particularly big game wildlife, and domestic livestock.

7-4 Final EIS, North Jacobs Ranch Coal Lease Application 7.0 Glossary formation (geologic) - A rock body distinguishable from other rock bodies and useful for mapping or description. Formations may be combined into groups or subdivided into members. fossil - The remains or traces of an organism or assemblage of organisms that have been preserved by natural processes in the earth's crust. Many minerals that may be of biologic origin are not considered to be fossils (e.g. oil, gas, asphalt, limestone). geometric mean - The nth root of the product of the values of n positive numbers. ground water - Subsurface water that fills available openings in rock or soil materials to the extent that they are considered water saturated. habitat - A place where a plant or animal naturally or normally lives and grows. habituation - The process of becoming accustomed to, or used to, something; acclimation. hazardous materials - Substance which, because of its potential for corrosivity, toxicity, ignitability, chemical reactivity, or explosiveness, may cause injury to persons or damage to property. hazardous waste - Those materials defined in Section 101 (14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, and listed in 40 CFR § 261. heterogenous - Made up of dissimilar constituents. human environment - The natural and physical environment and the relationship of people with that environment (see 30 CFR 1508.14). hydraulic conductivity - The capacity of a medium to transmit water; permeability coefficient. Expressed as the volume of water at the prevailing temperature that will move in unit time under a unit hydraulic gradient through a unit area. Units include gallons per day per square foot, centimeters per second. hydraulic - Pertaining to fluid in motion, or to movement or action caused by water. hydric soil - A soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic (water-loving) vegetation. Hydric soils that occur in areas having positive indicators of hydrophytic vegetation and wetland hydrology are wetland soils.

Final EIS, North Jacobs Ranch Coal Lease Application 7-5 7.0 Glossary hydrocarbon - Any organic compound, gaseous, liquid, or solid, consisting solely of carbon and hydrogen. hydrogeology - The science that deals with subsurface waters and with related geologic aspects of surface waters. hydrology - The science dealing with the behavior of water as it occurs in the atmosphere, on the surface of the ground, and underground. hydrophytic vegetation - The plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. When hydrophytic vegetation comprises a community where indicators of hydric soils and wetland hydrology also occur, the area has wetland vegetation. impermeable - Not capable of transmitting fluids or gasses in appreciable quantities. incised - Having a margin that is deeply and sharply notched. indirect (or secondary) impact - A reasonably foreseeable impact resulting from an action but occurring later in time than or removed in distance from that action (see 40 CFR 1508.8). in-place coal reserves - The estimated volume of all of the coal reserves in a lease without considering economic or technological factors which might restrict mining. in-situ leach mining - Removal of the valuable components of a mineral deposit through chemical leaching without physical extraction of the rock. interbedded - Layers of one type of rock, typically thin, that are laid between or that alternate with layers of another type of rock. interburden -A layer of sedimentary rock that separates two mineable coal beds. interdisciplinary - Characterized by participation or cooperation among two or more disciplines or fields of study. intermittent stream - A stream that does not flow year-round but has some association with ground water for surface or subsurface flow. laminated - Consolidated or unconsolidated sediment that is characterized by thin (less than 1 cm thick) layers.

7-6 Final EIS, North Jacobs Ranch Coal Lease Application 7.0 Glossary land and resource management plan (LRMP) - A land use plan that directs the use and allocation of U.S. Forest Service lands and resources. lead agency - The agency or agencies preparing or having taken primary responsibility for preparing an environmental document (see 40 CFR 1508.16). lease (mineral) - A legal document executed between a mineral owner or lessor and another party or lessee which grants the lessee the right to extract minerals from the tract of land for which the lease has been obtained [see 43 CFR 3400.0­ 5(r)]. lek - A traditional breeding area for grouse species where territorial males display and establish dominance. lenticular - Term describing a body of rock or earth that thins out in all directions from the center like a double convex optical lens. limb (geologic) - One side of a fold (syncline or anticline). limestone - A sedimentary rock consisting chiefly of calcium carbonate. lineament - A linear topographic feature of regional extent that is believed to reflect crustal structure. loadout facilities - The mine facilities used to load the mined coal for transport out of the mine. loam - A rich, permeable soil composed of a mixture of clay, silt, sand, and organic matter. maintenance tract - A federal coal tract that would continue or extend the life of an existing coal mine. major federal action - An action with effects that may be major and which is potentially subject to federal control and responsibility (see 40 CFR 1508.18). maximum economic recovery (MER) - The requirement that, based on standard industry operating practices, all profitable portions of a leased federal coal deposit must be mined. MER determinations will consider existing proven technology; commercially available and economically feasible equipment; coal quality, quantity, and marketability; safety, exploration, operating, processing, and transportation costs; and compliance with applicable laws and regulations [see 43 CFR 3480.0-5(a)(24)].

Final EIS, North Jacobs Ranch Coal Lease Application 7-7 7.0 Glossary meteorological -Related to the science dealing with the atmosphere and its phenomena, especially as relating to weather. methane - A colorless, odorless, and inflammable gas; the simplest hydrocarbon; chemical formula = CH4. It is the principal constituent of natural gas and is also found associated with crude oil and coal. mineable coal - Coal that can be economically mined using present day mining technology. mineral rights - The rights of one who owns the mineral estate (subsurface). mining permit - A permit to conduct surface coal mining and reclamation operations issued by the state regulatory authority pursuant to a state program or by the Secretary pursuant to a federal program (see 30 CFR 701.5). mitigation - An action to avoid, minimize, reduce, eliminate, replace, or rectify the impact of a management practice. mudstone - A hardened sedimentary rock consisting of clay. It is similar to shale but lacks distinct layers.

National Register of Historic Places (NRHP) - A list of districts, sites, buildings, structures and objects significant in American history, architecture, archeology and culture maintained by the Secretary of the Interior. Expanded as authorized by Section 2(b) of the Historic Sites Act of 1935 (16 U.S.C. 462) and Section 101(a)(1) (A) of the National Historic Preservation Act. natural gas - Combustible gases (such as hydrocarbons) or mixtures of combustible gases and non-combustible gases (such as helium) which are in a gaseous phase at atmospheric conditions of temperature and pressure.

NEPA process - All measures necessary for compliance with the National Environmental Policy Act of 1969 (see 40 CFR 1508.21). no action alternative - An alternative where no activity would occur. The development of a no action alternative is required by regulations implementing the National Environmental Policy Act (40 CFR 1502.14). The no action alternative provides a baseline for estimating the effects of other alternatives. outcrop -A rock formation that appears at or near the surface; the intersection of a rock formation with the surface. overburden - Material of any nature, consolidated or unconsolidated, that overlies a coal or other useful mineral deposit, excluding topsoil.

7-8 Final EIS, North Jacobs Ranch Coal Lease Application 7.0 Glossary paleontological resource - A site containing evidence of plant or non-human animal life of past geological periods, usually in the form of fossil remains. peak discharge or flow - The highest discharge of water recorded over a specified period of time at a given stream location; also called maximum flow. Often thought of in terms of spring snowmelt, summer, fall or winter rainy season flows. perennial species (vegetation) - Vegetation that lives over from season to season. perennial stream - A stream or part of a stream that flows continuously during the calendar year as a result of groundwater discharge or surface runoff. permeability - The ability of rock or soil to transmit a fluid. permit application package - A proposal to conduct surface coal mining and reclamation operations on federal lands, including an application for a permit, permit revision, or permit renewal and all the information required by SMCRA, the applicable state program, any applicable cooperative agreement, and all other applicable laws and regulations including, with respect to federal leased coal, the Mineral Leasing Act and its implementing regulations. permit area - The area of land, indicated on the approved map submitted by the operator with his or her application, required to be covered by the operator’s performance bond under the regulations at 30 CFR Part 800 and which shall include the area of land upon which the operator proposes to conduct surface coal mining and reclamation operations under the permit, including all disturbed areas (see 30 CFR 701.5). physiography - Physical geography. piezometer - A well, generally of small diameter, that is used to measure the elevation of the water table. playa - The sandy, salty, or mud-caked flat floor of a basin with interior drainage, usually occupied by a shallow ephemeral lake during or after rain or snow storms. point source (pollution) - A point at which pollution is added to a system, either instantaneously or continuously. An example is a smokestack. pore volume - the amount of fluid necessary to fill the void space in an unsaturated porus medium (i.e., mine backfill). porosity - The percentage of the bulk volume of rock, sediment or soil that is not occupied by sediment or soil particles; the void space in rock or sediment. It may be isolated or connected.

Final EIS, North Jacobs Ranch Coal Lease Application 7-9 7.0 Glossary postmining topography - The relief and contour of the land that remains after mining has been completed. potentiometric surface - The surface that coincides with the static level of water in an aquifer. The surface is represented by the levels to which water from a given aquifer will rise under its full hydrologic head. predator - An animal that obtains food by killing and consuming other animals. prime or unique farmland - Those lands which are defined by the Secretary of Agriculture in 7 CFR part 657 (Federal Register Vol. 4 No. 21) and which have historically been used for cropland (see 30 CFR 701.5). proposed action - In terms of National Environmental Policy Act, the project, activity, or action that a federal agency proposes to implement or undertake and which is the subject of an environmental analysis. qualified surface owner - the natural person or persons (or corporation, the majority stock of which is held by a person or persons otherwise meeting the requirements of this section) who: (1) Hold legal or equitable title to the surface of split estate lands; (2) Have their principal place of residence on the land, or personally conduct farming or ranching operations upon a farm or ranch unit to be affected by surface mining operations; or received directly a significant portion of their income, if any, from such farming and ranching operations; and (3) have met the conditions of (1) and (2) above for a period of at least three years, except for persons who gave written consent less than three years after they met the requirements of both (1) and (2) above [see 43 CFR 3400.0-5(gg)]. raptor - Bird of prey, such as an eagle, falcon, hawk, owl, or vulture. recharge - The processes by which groundwater is absorbed into a zone of saturation. reclamation - Rehabilitation of a disturbed area to make it acceptable for designated uses. This normally involves regrading, replacement of topsoil, revegetation and other work necessary to restore the disturbed area for post- mining use. record of decision (ROD) - A document separate from, but associated with, an environmental impact statement that publicly and officially discloses the responsible official's decision on the proposed action (see 40 CFR 1505.2). recoverable coal- The amount of coal that can actually be recovered for sale from the demonstrated coal reserve base.

7-10 Final EIS, North Jacobs Ranch Coal Lease Application 7.0 Glossary rental payment - Annual payment from a lessee to a lessor to maintain the lessee’s mineral lease rights. resource management plan (RMP) - A land use plan, as prescribed by FLPMA, that directs the use and allocation of public lands and resources managed by BLM. Prior to selection of the RMP, different alternative management plans are compared and evaluated in an environmental impact statement (EIS) to determine which plan will best direct the management of the public lands and resources. revegetation - The reestablishment and development of self-sustaining plant cover following land disturbance. This may occur through natural processes, or the natural processes may be enhanced by human assistance through seedbed preparation, reseeding, and mulching. right of way (ROW) - The right to pass over property owned by another. The strip of land over which facilities such as roadways, railroads, or power lines are built. riparian - The area adjacent to rivers and streams that lies between the stream channel and upland terrain and that supports specific vegetation influenced by perennial and/or intermittent water. royalty (mineral) - A share of production that is free of the expense of production. It is generally paid by a lessee to a lessor of a mineral lease as part of the terms of the lease. runoff - That portion of rainfall that is not absorbed; it may be used by vegetation, lost by evaporation, or it may find its way into streams as surface flow. salinity - Refers to the solids, such as sodium chloride (table salt) and alkali metals, that are dissolved in water. Often in non saltwater areas, total dissolved solids is used as an equivalent term. sandstone - A common sedimentary rock primarily composed of sand grains, mainly quartz, that are cemented together by other mineral material. scoping - A public informational process required by the National Environmental Policy Act to determine private and public concerns, scope of issues, and/or questions regarding a proposed action to be evaluated in an environmental impact analysis. scoria (clinker) - Baked and fused rock resulting from in-place burning of coal deposits.

Final EIS, North Jacobs Ranch Coal Lease Application 7-11 7.0 Glossary sedimentation pond - An impoundment used to remove solids from water in order to meet water quality standards or effluent limitations before the water leaves the permit area (see 30 CFR 701.5). semi-arid - A climate or region characterized by little yearly rainfall and by the growth of a number of short grasses and shrubs. severance tax - A tax on the removal of minerals from the ground. shale - A very fine-grained clastic rock or sediment consisting predominately of clay-sized particles that is laminated; lithified, layered mud. significant impact - A qualitative term used to describe the anticipated importance of impacts to the human environment as a result of an action. siltstone - A fine-grained clastic rock consisting predominately of silt-sized particles. socioeconomics - The social and economic situation that might be affected by a proposed action. soil survey - The systematic examination, description, classification, and mapping of soils in an area, usually a county. Soil surveys are classified according to the level of detail of field examination. Order I is the most detailed and Order V is the least detailed. spontaneous combustion - The heating and slow combustion of coal and coaly material initiated by the absorption of oxygen. stipulations - Requirements that are part of the terms of a mineral lease. Some stipulations are standard on all Federal leases. Other stipulations may be applied to specific leases at the discretion of the surface management agency to protect valuable surface resources or uses existing on those leases. storage coefficient - The volume of water that can be released from storage per unit surface area of a saturated confined aquifer, per unit decline in the component of hydraulic head normal to the surface. It is calculated by taking the product of the specific storage and the aquifer thickness. stratigraphic - Of, relating to, or determined by stratigraphy, which is the branch of geology dealing with the study of the nature, distribution, and relations of layered rocks in the earth's crust. stripping ratio - The unit amount of overburden that must be removed to gain access to a similar unit amount of coal.

7-12 Final EIS, North Jacobs Ranch Coal Lease Application 7.0 Glossary subirrigation - In alluvial valley floors, the supplying of water to plants from underneath, or from a semi-saturated or saturated subsurface zone where water is available for use by vegetation (see 30 CFR 701.5). subbituminous -A lower rank of coal (35-45% carbon) with a heating value between that of bituminous and lignite, usually 8,300-11,500 Btu per pound. Subbituminous coal contains a high percentage of volatile matter and moisture. surface disturbance - Any disturbance by mechanical actions which alters the soil surface. surface rights - Rights to the surface of the land, does not include rights to oil, gas, or other subsurface minerals or subsurface rights. suspended solids - The very fine soil particles which remain in suspension in water for a considerable period of time without contact with the stream or river channel bottom. tectonic fracture - Fractures caused by deformation of the earth’s crust. threatened and endangered (T&E) species - These species of plants or animals classified as threatened or endangered pursuant to section 4 of the Endangered Species Act. Any species which is in danger of extinction, or is likely to become so within the foreseeable future. Category 1 - Substantial biological information on file to support the appropriateness of proposing to list as endangered or threatened. Category 2 - Current information indicates that proposing to list as endangered or threatened is possibly appropriate, but substantial biological information is not on file to support an immediate ruling (U.S. Fish and Wildlife Service). topography - Physical shape of the ground surface; the configuration of land surface including its relief, elevation, and the position of its natural and manmade features. topsoil - The surface layer of a soil. total dissolved solids (TDS) - The total quantity in milligrams per liter of dissolved materials in water. transmissivity - The rate at which water is transmitted through a unit width of an aquifer under a unit hydraulic gradient. Equals the hydraulic conductivity multiplied by the aquifer thickness. Values are given in units of gallons per day per foot.

Final EIS, North Jacobs Ranch Coal Lease Application 7-13 7.0 Glossary transpiration - The discharge of water vapor by plants. truck & shovel - A mining method used to remove overburden and coal in a strip mining operation. Truck and shovel operations use large bucket-equipped digging and loading machines (shovels) and large dump trucks to remove overburden instead of using a dragline for overburden removal. typic - Typical. unconfined aquifer - an aquifer where the water table is exposed to the atmosphere through openings in the overlying materials. unsuitability criteria - The 20 criteria described in 43 CFR 3461, the application of which results in an assessment of federal coal lands as suitable or unsuitable for surface coal mining. uranium - A very hard, heavy, metallic element that is crucial to development of atomic energy. vegetation type - A kind of existing plant community with distinguishable characteristics described in terms of the present vegetation that dominates an area. vertebrate fossils - The remains of animals that possessed a backbone; examples are fish, amphibians, reptiles, dinosaurs, birds, and mammals. vesicular - Rock containing many small cavities which were formed by the expansion of a bubble of gas or steam during the solidification of the rock. visual resources - The physical features of a landscape which can be seen (e.g., land, water, vegetation, structures, and other features).

Visual Resource Management (VRM) - The systematic means to identify visual values, establish objectives which provide the standards for managing those values, and evaluate the visual impacts of proposed projects to ensure that objectives are met. volatile matter - In coal, those substances, other than moisture, that are given off as gas or vapor during combustion. waterfowl - A bird that frequents water, especially a swimming bird. wetlands - Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient, under normal circumstances, to support a prevalence of vegetative or aquatic life that requires saturated or

7-14 Final EIS, North Jacobs Ranch Coal Lease Application 7.0 Glossary seasonally saturated soil conditions for growth and reproduction. Wetlands include marshes, bogs, sloughs, potholes, river overflows, mud flats, wet meadows, seeps, and springs [see 33 CFR 328.3(a)(7)(b)]. wild and scenic river - Rivers or sections of rivers designated by Congressional actions under the 1968 Wild and Scenic Rivers Act as wild, scenic, or recreational by an act of the Legislature of the state or states through which they flow. Wild and scenic rivers may be classified and administered under one or more of the following categories: wild river areas - Rivers or sections of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted. These represent vestiges of primitive America. scenic river areas - Rivers or sections of rivers that are free of impoundments, with watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads. recreational river areas - Rivers or sections of rivers that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion in the past. wilderness - An area of undeveloped Federal land designated wilderness by Congress, retaining its primeval character and influence, without permanent improvements or human habitation, protected and managed to preserve its natural conditions and that (1) generally appears to have been affected primarily by the forces of nature with the imprint of man's work substantially unnoticeable, (2) has outstanding opportunities for solitude or primitive and unconfined recreation, (3) has at least 5,000 acres or is of sufficient size to make practical its preservation and use in an unimpaired condition, and (4) also may contain features that are of ecological, geological, scientific, educational, scenic, or historical value. These characteristics were identified by Congress in the Wilderness Act of 1964.

Final EIS, North Jacobs Ranch Coal Lease Application 7-15 APPENDIX A

FEDERAL AND STATE PERMITTING REQUIREMENTS AND AGENCIES Appendix A

APPENDIX A: FEDERAL AND STATE AGENCIES & PERMITTING REQUIREMENTS Agency Lease/Permit/Action FEDERAL Bureau of Land Management Coal Lease Resource Recovery & Protection Plan Scoria Sales Contract Exploration Drilling Permit Office of Surface Mining Reclamation and Preparation of Mining Plan Approval Document Enforcement SMCRA Oversight Office of the Secretary of the Interior Approval of Mining Plan Mine Safety and Health Administration Safety Permit and Legal ID Ground Control Plan Major Impoundments Explosives Use and Storage Permit Bureau of Alcohol, Tobacco, and Firearms Explosive’s Manufacturer’s License Explosives Use and Storage Permit Federal Communication Commission Radio Permit: Ambulance Mobile Relay System Radio License Nuclear Regulatory Commission Radioactive By-Products Material License Army Corps of Engineers Authorization of Impacts to Wetlands and Other Waters of the U.S. Department of Transportation Hazardous Waste Shipment Notification Federal Aviation Administration Radio Tower Permits STATE State Land Commission Coal Lease Scoria Lease Department of Environmental Quality-Land Quality Permit and License to Mine Division Department of Environmental Quality-Air Quality Air Quality Permit to Operate Division Air Quality Permit to Construct Department of Environmental Quality-Water Quality National Pollutant Discharge Elimination System Water Discharge Division Permit Permit to Construct Sedimentation Pond Authorization to Construct Septic Tank & Leach Field Authorization to Construct and Install a Public Water Supply and Sewage Treatment System Department of Environmental Quality-Solid Waste Solid Waste Disposal Permit-Permanent and Construction Management Program State Engineer’s Office Appropriation of Surface Water Permits Appropriation of Ground Water Permits Industrial Siting Council Industrial Siting Certificate of Non-Jurisdiction Department of Health Radioactive Material Certificate of Registration

Final EIS, North Jacobs Ranch Coal Lease Application A-1 APPENDIX B

UNSUITABILITY CRITERIA FOR THE NORTH JACOBS RANCH LBA TRACT Appendix B Appendix B. Unsuitability Criteria for the North Jacobs Ranch LBA Tract

UNSUITABILITY CRITERIA GENERAL FINDINGS FOR BLM BUFFALO VALIDATION FOR NORTH JACOBS RESOURCE AREA (BLM 1985) and TBNG RANCH LBA TRACT (USFS 1985)

1. Federal Land Systems. With certain None of the listed federal lands categories None of the listed federal lands are exceptions that do not apply to this tract, all are present within the study area. TBNG present on the North Jacobs Ranch LBA federal lands included in the following systems is not part of a national forest and no Tract, and the tract therefore is not are unsuitable for mining: National Parks, TBNG lands are included in the North unsuitable for mining. National Wildlife Refuges, National System of Jacobs Ranch Tract. Trails, National Wilderness Preservation System, National Wild and Scenic Rivers, National Recreation Areas, Lands Acquired through the Land and Water Conservation Fund, National Forests and federal lands in incorporated cities, towns and villages. 2. Rights-Of-Way and Easements. Federal lands The general area contains two rights-of­ Neither the Tri-County 230 Kv that are within rights-of-way or easements or way that meet the intent of this criterion: transmission line nor the BN-UP right- within surface leases for residential, BN-UP railroad and the Tri-County 230 of-way are on the LBA tract, and the commercial, industrial or other public Kv transmission line. tract therefore is not unsuitable for purposes, on federally owned surface, are mining. unsuitable for mining. 3. Dwellings, Roads, Cemeteries, and Public The regional RMP lists a school at None of the listed rights-of-way or Buildings. Federal lands within 100 feet of a Wilkinson Ranch headquarters, Wyoming buildings are on the LBA Tract, and the right-of-way of a public road or a cemetery; or State Highway 59, and 5 ranch tract therefore is not unsuitable for within 300 feet of any public building, school, headquarters that meet the intent of this mining. church, community or institutional building or criterion public park; or within 300 feet of an occupied dwelling are unsuitable for mining. 4. Wilderness Study Areas. Federal lands No lands in the general review area are There are no unsuitable findings, and designated as wilderness study areas are within a wilderness study area. the North Jacobs Ranch LBA Tract unsuitable for mining while under review for therefore is not unsuitable for mining. possible wilderness designation. 5. Lands with Outstanding Scenic Quality. No lands in Campbell County meet the There are no unsuitable findings, and Scenic federal lands designated by visual scenic criteria as outlined. the North Jacobs Ranch LBA Tract resource management analysis as Class I therefore is not unsuitable for mining. (outstanding visual quality or high visual sensitivity) but not currently on National Register of Natural Landmarks are unsuitable. 6. Land Used for Scientific Study. Federal lands No lands in the general review area are There are no unsuitable findings, and under permit by the surface management under permit except small enclosures the North Jacobs Ranch LBA Tract agency and being used for scientific studies being used to gage reclamation success on therefore is not unsuitable for mining. involving food or fiber production, natural existing mines. resources, or technology demonstrations and experiments are unsuitable for the duration of the study except where mining would not jeopardize the purpose of the study. 7. Historic Lands and Sites. All publicly or On the basis of the consultation with the There are no unsuitable findings, and privately owned places which are included in State Historic Preservation Office, there the North Jacobs Ranch LBA Tract or are eligible for inclusion in the National were no unsuitable findings under this therefore is not unsuitable for mining. Register of Historic Places and an appropriate criterion in the general review area. buffer zone are unsuitable. 8. Natural Areas. Federal lands designated as No lands in the general review area are There are no unsuitable findings, and natural areas or National Natural Landmarks designated as natural areas or as National the North Jacobs Ranch LBA Tract are unsuitable. Natural Landmarks. therefore is not unsuitable for mining. 9. Critical Habitat for Threatened or Endangered There is no habitat meeting federally There are no unsuitable findings, and Plant and Animal Species. Federally designated criteria for T or E plant or the North Jacobs Ranch LBA Tract designated critical habitat for T or E plant and animal species within the general review therefore is not unsuitable for mining. animal species, and scientifically documented area. essential habitat for T or E species are unsuitable. 10. State Listed Species. Federal lands containing Wyoming does not maintain a state list of There are no unsuitable findings, and habitat determined to be critical or essential T or E species of plants or animals. the North Jacobs Ranch LBA Tract for plant or animal species listed by a state Therefore, this criterion does not apply. therefore is not unsuitable for mining. pursuant to state law as T or E shall be considered unsuitable.

Final EIS, North Jacobs Ranch Coal Lease Application B-1 Appendix B

UNSUITABILITY CRITERIA GENERAL FINDINGS FOR BLM BUFFALO VALIDATION FOR NORTH JACOBS RESOURCE AREA (BLM 1985) and TBNG RANCH LBA TRACT (USFS 1985)

11. Bald or Golden Eagle Nests. An active bald or The USFS found numerous eagle nests, No active eagle nests are found on the golden eagle nest and appropriate buffer zone and buffer zones were established. It was tract. There are no unsuitable findings, are unsuitable unless the lease can be determined that coal leasing can occur and the North Jacobs Ranch LBA Tract conditioned so that eagles will not be within the buffer zone if the nests are therefore is not unsuitable for mining. disturbed during breeding season or unless protected with stipulations and site golden eagle nests will be moved. mitigation plans. There were no unsuitable findings under this criterion, but lands involved in buffer zones are subject to special lease stipulations. 12. Bald and Golden Eagle Roost and No golden eagle roost or concentration There are no unsuitable findings, and Concentration Areas. Bald and golden eagle areas occur in the general review area. the North Jacobs Ranch LBA Tract roost and concentration areas on federal lands Mining planned in the review area is not therefore is not unsuitable for mining. used during migration and wintering are likely to jeopardize the continued unsuitable unless mining can be conducted in existence of the bald eagle. Coal leasing such a way as to ensure that eagles shall not can occur and adequate protection can be be adversely disturbed. provided. There were no unsuitable findings in the general review area. 13. Federal lands containing active falcon After consultation with USFWS, it was There are no unsuitable findings, and (excluding kestrel) cliff nesting sites and a determined that this criterion does not the North Jacobs Ranch LBA Tract suitable buffer zone shall be considered apply in TBNG and the general area. therefore is not unsuitable for mining. unsuitable unless mining can be conducted in such a way as to ensure the falcons will not be adversely affected. 14. Habitat for Migratory Bird Species. Federal After consultation with USFWS, it was There are no unsuitable findings, and lands which are high priority habitat for determined that this criterion does not the North Jacobs Ranch LBA Tract migratory bird species of high federal interest apply in TBNG. therefore is not unsuitable for mining. shall be considered unsuitable unless mining can be conducted in such a way as to ensure that migratory bird habitat will not be adversely affected during the period it is in use. 15. Fish and Wildlife Habitat for Resident Species. Sage grouse leks were found on and near There are no unsuitable findings, and Federal lands which the surface management the TBNG review area. However, methods the North Jacobs Ranch LBA Tract agency and state jointly agree are fish and of mining can be developed which will not therefore is not unsuitable for mining. wildlife habitat of resident species of high have a significant long-term impact on the interest to the state, and which are essential grouse or their habitat. Therefore, the for maintaining these priority wildlife species, areas involved in leks and buffer zones shall be considered unsuitable. are not unsuitable. 16. Floodplains. Federal lands in riverine, coastal, After consultation with the USGS, it was There are no unsuitable findings, and and special floodplains shall be considered determined that floodplains can be mined the North Jacobs Ranch LBA Tract unsuitable where it is determined that mining with site specific stipulations and therefore is not unsuitable for mining. could not be undertaken without substantial resource protection safeguards to be threat of loss of life or property. developed during mining and reclamation planning. Therefore, all lands within the general review area are not unsuitable for mining. 17. Municipal Watersheds. Federal lands which There are no municipal watersheds in the There are no unsuitable findings, and have been committed by the surface general review area. the North Jacobs Ranch LBA Tract management agency to use as municipal therefore is not unsuitable for mining. watersheds shall be considered unsuitable. 18. National Resource Waters. Federal lands with There are no national resource waters There are no unsuitable findings, and national resource waters, as identified by within the TBNG review area. the North Jacobs Ranch LBA Tract states in their water quality management therefore is not unsuitable for mining. plans, and 1/4-mile buffer zones shall be unsuitable. 19. Alluvial Valley Floors. All lands identified by Lands along prominent drainages were The State will make a final the surface management agency, in considered potential AVFs pending a final determination during the mine permit consultation with the state, as AVFs where determination by the state. These lands application review process. No mining would interrupt, discontinue or are placed in an "available pending heretofore undisturbed stream valleys preclude farming, are unsuitable. further study" category and are not are included in the LBA tract, and there Additionally, when mining federal lands considered unsuitable. is no unsuitability finding. outside an AVF would materially damage the quality or quantity of water in surface or underground water systems that would supply AVFs, the land shall be considered unsuitable. 20. State or Indian Tribe Criteria. Federal lands to The state has no applicable criteria and There are no unsuitability findings for which is applicable a criterion proposed by the there is no Indian tribe located in or near this criterion on the LBA tract. state or Indian tribe located in the planning the planning area. Therefore there is no area and adopted by rulemaking by the unsuitability finding. Secretary are unsuitable.

B-2 Final EIS, North Jacobs Ranch Coal Lease Application APPENDIX C

COAL LEASE-BY-APPLICATION FLOW CHART COAL LEASE-BY-APPLICATION

BLM STATE OFFICE RECEIVES APPLICATION DM HOLDS PUBLIC HEARING Adjudicator evaluates applicant’s qualifications

Confirms emergency (if applicable) Applicant submits/ Adjudicator reviews surface owner State Director (SD) notifies consent agreement(s) (if necessary) Governor and Regional Coal Team of application

District Manager (DM) ensures that SD consults with application is in conformance with Surface Management Agency, Governor, Land Use Plan (LUP) Attorney General, and Indian Tribes Minerals Staff receives application and prepares report on maximum economic recovery

SD MAKES DECISION DM recommends amendment of LUP and/or modification of application area

DM prepares site-specific TO TO REJECT Environmental HOLD THE Analysis SALE APPLICATION

DM prepares Environmental Analysis of LUP amendment and application APPENDIX D

BLM SPECIAL COAL LEASE STIPULATIONS AND FORM 3400-12 COAL LEASE Appendix D

SPECIAL STIPULATIONS

In addition to observing the general level of intensity. The inventory obligations and standards of shall be conducted by a qualified performance set out in the current professional cultural resource regulations, the lessee shall comply specialist (i.e., archeologist, with and be bound by the following historian, historical architect, as special stipulations. appropriate), approved by the Authorized Officer of the surface These stipulations are also imposed managing agency (BLM, if the upon the lessee's agents and surface is privately owned), and a employees. The failure or refusal of report of the inventory and any of these persons to comply with recommendations for protecting these stipulations shall be deemed a any cultural resources identified failure of the lessee to comply with shall be submitted to the Assistant the terms of the lease. The lessee Director of the Western Support shall require his agents, contractors Center of the Office of Surface and subcontractors involved in Mining, the Authorized Officer of activities concerning this lease to the BLM, if activities are include these stipulations in the associated with coal exploration contracts between and among them. outside an approved mining These stipulations may be revised or permit area (hereinafter called amended, in writing, by the mutual Authorized Officer), and the consent of the lessor and the lessee at Authorized Officer of the surface any time to adjust to changed managing agency, if different. The conditions or to correct an oversight. lessee shall undertake measures, in accordance with instructions (a) CULTURAL RESOURCES ­ from the Assistant Director, or Authorized Officer, to protect (1) Before undertaking any cultural resources on the leased activities that may disturb the lands. The lessee shall not surface of the leased lands, the commence the surface disturbing lessee shall conduct a cultural activities until permission to resource intensive field inventory proceed is given by the Assistant in a manner specified by the Director or Authorized Officer. Authorized Officer of the BLM or of the surface managing agency, if (2) The lessee shall protect all different, on portions of the mine cultural resource properties within plan area and adjacent areas, or the lease area from lease-related exploration plan area, that may be activities until the cultural adversely affected by lease-related resource mitigation measures can activities and which were not be implemented as part of an previously inventoried at such a

Final EIS, North Jacobs Ranch Coal Lease Application D-1 Appendix D

approved mining and reclamation is determined under applicable or exploration plan. law.

(3) The cost of conducting the (b) PALEONTOLOGICAL inventory, preparing reports, and RESOURCES - If paleontological carrying out mitigation measures resources, either large and shall be borne by the lessee. conspicuous, and/or of significant scientific value are discovered during (4) If cultural resources are construction, the find will be reported discovered during operations to the Authorized Officer immediately. under this lease, the lessee shall Construction will be suspended immediately bring them to the within 250 feet of said find. An attention of the Assistant Director evaluation of the paleontological or Authorized Officer, or the discovery will be made by a BLM Authorized Officer of the surface approved professional paleontologist managing agency, if the Assistant within five (5) working days, weather Director is not available. The permitting, to determine the lessee shall not disturb such appropriate action(s) to prevent the resources except as may be potential loss of any significant subsequently authorized by the paleontological value. Operations Assistant Director or Authorized within 250 feet of such discovery will Officer. not be resumed until written authorization to proceed is issued by Within two (2) working days of the Authorized Officer. The lessee notification, the Assistant Director will bear the cost of any required or Authorized Officer will evaluate paleontological appraisals, surface or have evaluated any cultural collection of fossils, or salvage of any resources discovered and will large conspicuous fossils of determine if any action may be significant scientific interest required to protect or preserve discovered during the operations. such discoveries. The cost of data recovery for cultural resources (c) THREATENED, ENDANGERED, discovered during lease operations CANDIDATE, or OTHER SPECIAL shall be borne by the surface STATUS PLANT and ANIMAL managing agency unless otherwise SPECIES - The lease area may specified by the Authorized Officer contain habitat for the following of the BLM or of the surface threatened, endangered, candidate, or managing agency, if different. other special status plant and animal species: black-footed ferret, bald (5) All cultural resources shall eagle, mountain plover, Ute Ladies’­ remain under the jurisdiction of tresses, swift fox, sturgeon chub, and the United States until ownership black-tailed prairie dog. It surveys performed during the permit

D-2 Final EIS, North Jacobs Ranch Coal Lease Application Appendix D application process or future permit (f) RESOURCE RECOVERY AND revisions indicate that any PROTECTION - Notwithstanding the threatened, endangered, candidate, or approval of a resource recovery and other special status plant/animal protection plan (R2P2) by the BLM, species could be impacted by lessor reserves the right to seek proposed coal mining and damages against the operator/lessee reclamation operations located on in the event (i) the operator/lessee this lease and the potential impacts fails to achieve maximum economic to that species cannot be recovery (MER) (as defined at 43 CFR satisfactorily resolved through 3480.0-5(21)) of the recoverable coal coordination with the USFWS, the reserves or (ii) the operator/lessee is proposed coal mining and determined to have caused a wasting reclamation operations could be of recoverable coal reserves. restricted or constrained by the State Damages shall be measured on the regulatory authority. basis of the royalty that would have been payable on the wasted or (d) MULTIPLE MINERAL unrecovered coal. DEVELOPMENT - Operations will not be approved which, in the opinion of The parties recognize that under an the Authorized Officer, would approved R2P2, conditions may unreasonably interfere with the require a modification by the orderly development and/or operator/lessee of that plan. In the production from a valid existing event a coal bed or portion thereof is mineral lease issued prior to this one not to be mined or is rendered for the same lands. unmineable by the operation, the operator/lessee shall submit (e) OIL AND GAS/COAL RESOURCES appropriate justification to obtain - The BLM realizes that coal mining approval by the Authorized Officer to operations conducted on Federal coal leave such reserves unmined. Upon leases issued within producing oil approval by the Authorized Officer, and gas fields may interfere with the such coal beds or portions thereof economic recovery of oil and gas; just shall not be subject to damages as as Federal oil and gas leases issued in described above. Further, nothing in a Federal coal lease area may inhibit this section shall prevent the coal recovery. BLM retains the operator/lessee from exercising its authority to alter and/or modify the right to relinquish all or portion of the resource recovery and protection lease as authorized by statute and plans for coal operations and/or oil regulation. and gas operations on those lands covered by Federal mineral leases so In the event the Authorized Officer as to obtain maximum resource determines that the R2P2, as recovery. approved, will not attain MER as the result of changed conditions, the

Final EIS, North Jacobs Ranch Coal Lease Application D-3 Appendix D

Authorized Officer will give proper operations on the lease areas. If any notice to the operator/lessee as monuments, corners or accessories required under applicable are destroyed, obliterated, or regulations. The Authorized Officer damaged by this operation, the lessee will order a modification if necessary, will hire an appropriate county identifying additional reserves to be surveyor or registered land surveyor mined in order to attain MER. Upon to reestablish or restore the a final administrative or judicial monuments, corners, or accessories ruling upholding such an ordered at the same location, using surveying modification, any reserves left procedures in accordance with the unmined (wasted) under that plan "Manual of Surveying Instructions for will be subject to damages as the Survey of the Public Lands of the described in the first paragraph United States." The survey will be under this section. recorded in the appropriate county records, with a copy sent to the Subject to the right to appeal Authorized Officer. hereinafter set forth, payment of the value of the royalty on such unmined recoverable coal reserves shall become due and payable upon determination by the Authorized Officer that the coal reserves have been rendered unmineable or at such time that the operator/lessee has demonstrated an unwillingness to extract the coal.

The BLM may enforce this provision either by issuing a written decision requiring payment of the MMS demand for such royalties, or by issuing a notice of non-compliance. A decision or notice of non-compliance issued by the lessor that payment is due under this stipulation is appealable as allowed by law.

(g) PUBLIC LAND SURVEY PROTECTION - The lessee will protect all survey monuments, witness corners, reference monuments, and bearing trees against destruction, obliteration, or damage during

D-4 Final EIS, North Jacobs Ranch Coal Lease Application APPENDIX E

NON-MINE GROUNDWATER AND SURFACE WATER RIGHTS WITHIN AND ADJACENT TO THE NORTH JACOBS RANCH LBA TRACT GROUNDWATER RIGHTS Permit No. Priority Tns Rng Sec qq Applicant Facility Name Status Uses Yld Act T.D. 29/1/103W 02/07/00 43 71 13 SESE BARRETT RESOURCES CORPORATION 13-4371 UNA CBM 29/1/165W 02/28/00 43 71 1 NWNE RIM OPERATING, INC CBM C #31-01 UNA STO,CBM 29/1/32W 01/19/00 44 71 15 NWNW BARRETT RESOURCES CORP. MILLS 11-15-4471 UNA CBM 29/10/102W 02/07/00 43 71 14 SWNW BARRETT RESOURCES CORPORATION 4371 UNA CBM 29/10/164W 02/28/00 44 71 25 NWSW RIM OPERATING, INC CBM C #13-25 UNA STO,CBM 29/10/31W 01/19/00 44 71 10 SESE BARRETT RESOURCES CORP. 10-4471 UNA CBM 29/2/103W 02/07/00 43 71 13 NWSE BARRETT RESOURCES CORPORATION Arch 33-13-4371 UNA CBM 29/2/32W 01/19/00 44 71 15 SENW BARRETT RESOURCES CORP. MILLS 22-15-4471 UNA CBM 29/3/32W 01/19/00 44 71 15 SWNE BARRETT RESOURCES CORP. MILLS 32-15-4471 UNA CBM 29/4/32W 01/19/00 44 71 15 NENE BARRETT RESOURCES CORP. MILLS 41-15-4471 UNA CBM 29/5/164W 02/28/00 44 71 24 NWNW RIM OPERATING, INC CBM C #11-24 UNA STO,CBM 29/6/164W 02/28/00 44 71 23 SESE RIM OPERATING, INC CBM C #44-23 UNA STO,CBM 29/6/176W 03/06/00 44 71 25 SESW RIM OPERATING, INC CBM C #24-25 UNA STO,CBM 29/6/32W 01/19/00 44 71 16 NENW BARRETT RESOURCES CORP. STATE 21-16-4471 UNA CBM 29/7/164W 02/28/00 44 71 23 SENE RIM OPERATING, INC CBM C #42-23 UNA STO,CBM 29/7/176W 03/06/00 44 71 24 SESW RIM OPERATING, INC CBM C #24-24 UNA STO,CBM 29/7/32W 01/19/00 44 71 16 SWNE BARRETT RESOURCES CORP. STATE 32-16-4471 UNA CBM 29/8/102W 02/07/00 43 71 14 NENW BARRETT RESOURCES CORPORATION 4371 UNA CBM 29/8/164W 02/28/00 44 71 24 NWSW RIM OPERATING, INC CBM C #13-24 UNA STO,CBM 29/8/176W 03/06/00 44 71 25 SENW RIM OPERATING, INC CBM C #22-25 UNA STO,CBM 29/8/32W 01/19/00 44 71 16 NENE BARRETT RESOURCES CORP. STATE 41-16-4471 UNA CBM 29/9/164W 02/28/00 44 71 25 NWNW RIM OPERATING, INC CBM C #11-25 UNA STO,CBM 29/9/31W 01/19/00 44 71 10 NWSE BARRETT RESOURCES CORP. 10-4471 UNA CBM 29/9/32W 01/19/00 44 71 16 NESE BARRETT RESOURCES CORP. STATE 43-16-4471 UNA CBM P103356W 08/15/96 44 70 28 NWNE JACOBS LAND AND LIVESTOCK REYNOLDS #1 UNA STO 5 360 P10403W 09/01/71 44 70 19 SWNW DALE MILLS JOHNSTON #1 STO 7.5 190 P106972W 08/01/97 44 71 14 NESE BARRETT RESOURCES CORP. FED. 43-14A UNA MON 0 820 P107568W 07/28/97 43 71 9 NENE BARRETT RESOURCES CORP. STUART 1-41-9 UNA MIS 35 540 P107765W 10/06/97 44 71 12 NWSW RIM OPERATING, INC CBM C #13-12 UNA MIS P107766W 10/06/97 44 71 12 SENW RIM OPERATING, INC CBM C #22-12 UNA MIS P107767W 10/06/97 44 71 12 SESW RIM OPERATING, INC CBM C #24-12 UNA MIS P107768W 10/06/97 44 71 12 NWSE RIM OPERATING, INC CBM C #33-12 UNA MIS P107769W 10/06/97 44 71 12 SESE RIM OPERATING, INC CBM C #44-12 UNA MIS P107770W 10/06/97 44 71 13 NWNW RIM OPERATING, INC CBM C #11-13 UNA MIS P107771W 10/06/97 44 71 13 SENW RIM OPERATING, INC CBM C #22-13 UNA MIS P107772W 10/06/97 44 71 13 NWNE RIM OPERATING, INC CBM C #31-13 UNA MIS P107773W 10/06/97 44 71 13 SWNE RIM OPERATING, INC CBM C #32-13 UNA MIS P107774W 10/06/97 44 71 13 NWSE RIM OPERATING, INC CBM C #33-13 UNA MIS P107775W 10/06/97 44 71 13 SENE RIM OPERATING, INC CBM C #42-13 UNA MIS P11011W 10/27/71 44 71 12 NWNW INEXCO OIL CO. #5 1 ADJ IND 300 5110 P11012W 10/27/71 44 70 7 NWNW INEXCO OIL CO. #5 2 ADJ IND 350 4940 P11013W 10/27/71 44 70 7 NWNW INEXCO OIL CO. #5 3 CAN IND GROUNDWATER RIGHTS Permit No. Priority Tns Rng Sec qq Applicant Facility Name Status Uses Yld Act T.D. P112580W 10/30/98 43 71 13 NWNW BARRETT RESOURCES CORP. YOUNG 11-13 UNA CBM 29 410 P115199W 04/16/99 43 71 9 NENE BARRETT RESOURCES CORP. FED. 1-41-9 UNA CBM 50 540 P115398W 04/22/99 44 71 11 SWSW WILLIAM/ELAINE PRIDGEON PRIDGEON #1 UNA STO 10 174 P118161W 08/06/99 43 71 4 SESW BARRETT RESOURCES CORP. Stuart 24-4 UNA CBM P118162W 08/06/99 43 71 4 NWSE BARRETT RESOURCES CORP. Stuart 33-4 UNA CBM P118163W 08/06/99 43 71 4 SESE BARRETT RESOURCES CORP. Stuart 44-4 UNA CBM P118169W 08/06/99 43 71 10 NESW BARRETT RESOURCES CORP. Stuart 23-10 UNA CBM P118170W 08/06/99 44 71 28 SWSW BARRETT RESOURCES CORP. Stuart 14-28 UNA CBM P118171W 08/06/99 44 71 28 NESW BARRETT RESOURCES CORP. Stuart 21-28 UNA CBM P118176W 08/06/99 44 71 33 SWNW BARRETT RESOURCES CORP. Stuart 12-33 UNA CBM P118177W 08/06/99 44 71 33 SWSW BARRETT RESOURCES CORP. Stuart 14-33 UNA CBM P118178W 08/06/99 44 71 33 NENW BARRETT RESOURCES CORP. Stuart 21-33 UNA CBM P118179W 08/06/99 44 71 33 NESW BARRETT RESOURCES CORP. Stuart 23-33 UNA CBM P118180W 08/06/99 44 71 33 SWNE BARRETT RESOURCES CORP. Stuart 32-33 UNA CBM P118181W 08/06/99 44 71 33 SWSE BARRETT RESOURCES CORP. Stuart 34-33 UNA CBM P118182W 08/06/99 44 71 33 NENE BARRETT RESOURCES CORP. Stuart 41-33 UNA CBM P118183W 08/06/99 44 71 33 NESE BARRETT RESOURCES CORP. Stuart 43-33 UNA CBM P118863W 09/01/99 44 71 27 SWSW BARRETT RESOURCES CORP. Chittenden 14-27 UNA CBM P118864W 09/01/99 44 71 27 NESW BARRETT RESOURCES CORP. Chittenden 23-27 UNA CBM P118865W 09/01/99 44 71 28 SWSE BARRETT RESOURCES CORP. Chittenden 34-28 UNA CBM P118866W 09/01/99 44 71 28 NESE BARRETT RESOURCES CORP. Chittenden 43-28 UNA CBM P120245W 11/01/99 43 71 1 NWSW RIM OPERATING, INC CBM D #13-01 UNA STO,CBM P120246W 11/01/99 43 71 1 SESW RIM OPERATING, INC CBM D #24-01 UNA STO,CBM P120247W 11/01/99 43 71 1 NWSE RIM OPERATING, INC CBM D #33-01 UNA STO,CBM P120248W 11/01/99 43 71 1 SESE RIM OPERATING, INC CBM D #44-01 UNA STO,CBM P120249W 11/01/99 43 71 12 NWNW RIM OPERATING, INC CBM D #11-12 UNA STO,CBM P120250W 11/01/99 43 71 12 NWSW RIM OPERATING, INC CBM D #13-12 UNA STO,CBM P120251W 11/01/99 43 71 12 SENW RIM OPERATING, INC CBM D #22-12 UNA STO,CBM P120252W 11/01/99 43 71 12 SESW RIM OPERATING, INC CBM D #24-12 UNA STO,CBM P120253W 11/01/99 43 71 12 NWNE RIM OPERATING, INC CBM D #31-12 UNA STO,CBM P120254W 11/01/99 43 71 12 NWSE RIM OPERATING, INC CBM D #33-12 UNA STO,CBM P120255W 11/01/99 43 71 12 SENE RIM OPERATING, INC CBM D #42-12 UNA STO,CBM P120256W 11/01/99 43 71 12 SESE RIM OPERATING, INC CBM D #44-12 UNA STO,CBM P120257W 11/01/99 44 70 31 SESW RIM OPERATING, INC CBM G #24-31 UNA STO,CBM P120258W 11/01/99 44 70 32 SESE RIM OPERATING, INC CBM G #44-32 UNA STO,CBM P120259W 11/01/99 44 70 33 SESW RIM OPERATING, INC CBM G #24-33 UNA STO,CBM P120260W 11/01/99 43 70 4 NWNW RIM OPERATING, INC CBM H #11-04 UNA STO,CBM P120261W 11/01/99 43 70 4 NWSW RIM OPERATING, INC CBM H #13-04 UNA STO,CBM P120262W 11/01/99 43 70 5 NWNW RIM OPERATING, INC CBM H #11-05 UNA STO,CBM P120263W 11/01/99 43 70 5 NWSW RIM OPERATING, INC CBM H #13-05 UNA STO,CBM P120264W 11/01/99 43 70 5 SESW RIM OPERATING, INC CBM H #24-05 UNA STO,CBM P120265W 11/01/99 43 70 5 NWNE RIM OPERATING, INC CBM H #31-05 UNA STO,CBM GROUNDWATER RIGHTS Permit No. Priority Tns Rng Sec qq Applicant Facility Name Status Uses Yld Act T.D. P120266W 11/01/99 43 70 5 NESE RIM OPERATING, INC CBM H #33-05 UNA STO,CBM P120267W 11/01/99 43 70 5 SENE RIM OPERATING, INC CBM H #42-05 UNA STO,CBM P120268W 11/01/99 43 70 5 SESE RIM OPERATING, INC CBM H #44-05 UNA STO,CBM P120269W 11/01/99 43 70 6 NWNW RIM OPERATING, INC CBM H #11-06 UNA STO,CBM P120270W 11/01/99 43 70 6 NWSW RIM OPERATING, INC CBM H #13-06 UNA STO,CBM P120271W 11/01/99 43 70 6 SENW RIM OPERATING, INC CBM H #22-06 UNA STO,CBM P120272W 11/01/99 43 70 6 SESW RIM OPERATING, INC CBM H #24-06 UNA STO,CBM P120273W 11/01/99 43 70 6 NWNE RIM OPERATING, INC CBM H #31-06 UNA STO,CBM P120274W 11/01/99 43 70 6 NWSE RIM OPERATING, INC CBM H #33-06 UNA STO,CBM P120275W 11/01/99 43 70 6 SENE RIM OPERATING, INC CBM H #42-06 UNA STO,CBM P120276W 11/01/99 43 70 6 SESE RIM OPERATING, INC CBM H #44-06 UNA STO,CBM P120277W 11/01/99 43 70 7 NWNW RIM OPERATING, INC CBM H #11-07 UNA STO,CBM P120278W 11/01/99 43 70 7 SENW RIM OPERATING, INC CBM H #22-07 UNA STO,CBM P120279W 11/01/99 43 70 7 SENE RIM OPERATING, INC CBM H #42-07 UNA STO,CBM P12762P 12/30/50 43 71 11 SENW USDA FOREST SERVICE STUART #TB 37 STO 4 146 P19250P 12/31/61 44 71 35 SENE KENNETH & SYLVIA REVLAND REVLAND #5 STO,DOM 15 125 P19251P 09/30/54 43 71 2 NWSE KENNETH & SYLVIA REVLAND REVLAND #1 STO 7.5 147 P19252P 12/31/20 44 71 24 NESW KENNETH & SYLVIA REVLAND REVLAND #4 STO 7.5 75 P19253P 12/31/50 43 71 14 SENW KENNETH & SYLVIA REVLAND REVLAND #3 STO 7.5 80 P19254P 09/30/54 43 70 7 NWSE KENNETH & SYLVIA REVLAND REVLAND #2 STO 7.5 36 P28316W 09/24/74 44 70 7 SWNE FRANKLIN REALTY X-2 MIS 0 160 P28317W 09/24/74 44 70 7 SWNE FRANKLIN REALTY X-2 (02) MIS 0 170 P28318W 09/24/74 44 70 7 NWNW FRANKLIN REALTY X-4 MIS 0 275 P28319W 09/24/74 44 70 7 NWNW FRANKLIN REALTY X-4 (02) MIS 0 270 P28600W 12/03/74 43 70 11 NWNW JACOBS LAND & LIVESTOCK CO. JACOBS 11 2 CAN STO P28606P 12/03/74 43 70 3 NWSW JACOBS LAND & LIVESTOCK CO. JACOBS 3 1 STO 5 220 P28607P 12/03/74 43 70 2 NENE JACOBS LAND & LIVESTOCK CO. JACOBS 2 1 STO 8 255 P28609P 12/03/74 43 70 14 NWNE JACOBS LAND & LIVESTOCK CO. JACOBS 14 1 STO 2 8 P28610P 12/03/74 43 70 11 NESE JACOBS LAND & LIVESTOCK CO. JACOBS 11 1 STO 10 43 P28611P 12/03/74 44 70 29 SENE JACOBS LAND & LIVESTOCK CO. JACOBS 29 1 STO,DOM 5 292 P28612P 12/03/74 44 70 28 NWNE JACOBS LAND & LIVESTOCK CO. JACOBS 28 1 STO 10 267 P28613P 12/03/74 44 70 28 SWSW JACOBS LAND & LIVESTOCK CO. JACOBS 28 2 STO 10 261 P28614P 12/03/74 44 70 26 NWNW JACOBS LAND & LIVESTOCK CO. JACOBS 26 1 STO 8 68 P28615P 12/03/74 44 70 34 NWNW JACOBS LAND & LIVESTOCK CO. JACOBS 34 1 STO 5 260 P28616P 12/03/74 44 70 33 NESW JACOBS LAND & LIVESTOCK CO. JACOBS 33 1 STO 15 110 P28617P 12/03/74 44 70 32 SESE JACOBS LAND & LIVESTOCK CO. JACOBS 32 1 STO 10 273 P28618P 12/03/74 44 70 35 NWNE JACOBS LAND & LIVESTOCK CO. JACOBS 35 2 STO 25 300 P28619P 12/03/74 44 70 35 NWNE JACOBS LAND & LIVESTOCK CO. JACOBS 35 1 STO 20 280 P2966P 06/21/55 44 71 11 NENW MILLS LAND & LIVESTOCK CO., INC. MILLS #15 STO 4 60 P2967P 12/21/41 44 71 11 NWNE MILLS LAND & LIVESTOCK CO., INC. MILLS #16 STO 5 90 P2968P 12/21/42 44 71 12 SENW MILLS LAND & LIVESTOCK CO., INC. MILLS #17 STO 5 180 P2969P 04/12/62 44 71 11 NWSE MILLS LAND & LIVESTOCK CO., INC. MILLS #18 STO 6 233 P2970P 12/21/39 44 71 13 NESW MILLS LAND & LIVESTOCK CO., INC. MILLS #19 STO 5 190 GROUNDWATER RIGHTS Permit No. Priority Tns Rng Sec qq Applicant Facility Name Status Uses Yld Act T.D. P2971P 12/21/38 44 71 23 NWNE MILLS LAND & LIVESTOCK CO., INC. MILLS #20 STO 6 90 P2972P 09/03/63 44 71 23 SWNE MILLS LAND & LIVESTOCK CO., INC. MILLS #21 STO 5 42 P2972P 09/03/63 44 71 23 SENW MILLS LAND & LIVESTOCK CO., INC. MILLS #21 STO 5 42 P2972P 09/03/63 44 71 23 NESW MILLS LAND & LIVESTOCK CO., INC. MILLS #21 STO 5 42 P2972P 09/03/63 44 71 23 NWSE MILLS LAND & LIVESTOCK CO., INC. MILLS #21 STO 5 42 P2973P 12/31/46 44 71 25 SENE MILLS LAND & LIVESTOCK CO., INC. MILLS #22 STO 4 90 P2974P 06/21/35 44 70 30 SWNE MILLS LAND & LIVESTOCK CO., INC. MILLS #23 STO 5 60 P2974P 06/21/35 44 70 30 SENW MILLS LAND & LIVESTOCK CO., INC. MILLS #23 STO 5 60 P2974P 06/21/35 44 70 30 NESW MILLS LAND & LIVESTOCK CO., INC. MILLS #23 STO 5 60 P2974P 06/21/35 44 70 30 NWSE MILLS LAND & LIVESTOCK CO., INC. MILLS #23 STO 5 60 P2975P 12/21/34 44 70 31 SWNW MILLS LAND & LIVESTOCK CO., INC. MILLS #24 STO 5 60 P2976P 06/11/61 43 70 6 SWNE MILLS LAND & LIVESTOCK CO., INC. MILLS #25 STO 5 260 P2976P 06/11/61 43 70 6 SENW MILLS LAND & LIVESTOCK CO., INC. MILLS #25 STO 5 260 P2976P 06/11/61 43 70 6 NESW MILLS LAND & LIVESTOCK CO., INC. MILLS #25 STO 5 260 P2976P 06/11/61 43 70 6 NWSE MILLS LAND & LIVESTOCK CO., INC. MILLS #25 STO 5 260 P30419W 07/16/75 44 71 35 NENE KENNETH C. REVLAND REVLAND #1 STO,DOM 25 303 P3050W 09/15/69 43 71 3 SWSE INC. STUART BROTHERS STUART #10 STO 5 145 P31780W 01/07/76 43 70 7 SWNW RENO LIVESTOCK CORPORATION RENO #1 STO 25 110 P31781W 01/07/76 43 70 7 SENW WYO STATE HIGHWAY DEPARTMENT RENO #2 ABA IND,MIS -1 260 P3214P 08/24/28 44 71 22 SESE FERIBA F. FERGUSON FERGUSON #1 STO,DOM 10 50 P3215P 07/16/30 44 71 27 SENE W. L. FERGUSON FERGUSON #1 DOM 10 24 P3216P 10/17/44 44 71 27 SENE W. L. FERGUSON FERGUSON #2 STO,DOM 10 100 P33051W 05/03/76 44 71 21 SWSE EARL A. BOLLER BOLLER #2 CAN STO,DOM P3343W 10/06/69 43 71 4 SWNE STUART BROTHERS INC. STUART #8 STO 5 273 P34482W 08/12/76 43 70 15 NWSW WYOMING W.R.R.I. LTB-5A MON,MIS 0 18 P34483W 08/12/76 43 70 17 NWNE WYOMING W.R.R.I. LTB-15A MON,MIS 0 39 P34486W 08/12/76 43 70 15 NWSW WYOMING W.R.R.I. LTB-5B MON,MIS 0 18 P34487W 08/12/76 43 70 17 NWNE WYOMING W.R.R.I. LTB-15B MON,MIS 0 39 P34490W 08/12/76 43 70 15 NWSW WYOMING W.R.R.I. LTB-5C MON,MIS 0 20 P34491W 08/12/76 43 70 17 NWNE WYOMING W.R.R.I. LTB-15C MON,MIS 0 63 P34493W 08/12/76 43 70 16 NESE WYOMING W.R.R.I. LTB-5D UNA MON,MIS 0 14 P34495W 08/12/76 43 70 16 NESE WYOMING W.R.R.I. LTB-5E MON,MIS 0 14 P39104W 07/15/77 43 70 8 NESE STUART BROTHERS CONSOL #1 STO 5 290 CONSOLIDATION COAL P40409W 09/02/77 43 70 11 NWNW JACOBS LAND & LIVESTOCK COMPANY 11 3 CAN STO P4046W 12/18/69 44 71 26 NWSW AXEL R. OSTLUND**F. F. FERGUSON OSTLUND #1 CAN MIS 125 210 P4071W 12/31/69 44 70 35 NWNE JACOBS LAND & LIVESTOCK CO. INC. JACOBS 3A CAN STO,MIS 60 320 P45855W 10/11/78 43 71 10 SWNE USDA FOREST SERVICE MARG #13 STO 3 383 P46040W 12/04/78 44 71 15 SESW AMOCO PRODUCTION COMPANY FEDERAL #1 CAN MIS 100 500 DALE MILLS P4767W 03/04/70 43 70 2 NWNW MCCUTCHIN DRILLING CO., INC. J M #1 CAN STO,MIS JACOBS LAND & LIVESTOCK P47819W 04/18/79 44 70 18 NESW ASSOC. OF INDEPENDENT CONSULTANTS ESSP1 CAN MON,MIS GROUNDWATER RIGHTS Permit No. Priority Tns Rng Sec qq Applicant Facility Name Status Uses Yld Act T.D. P48534W 05/29/79 43 71 2 SWSW BURLINGTON NORTHERN INC. MARY ANN #4 CAN MIS P49662W 08/17/79 44 71 16 SENW WY BOARD OF LAND COMMISSIONERS RH1-P-2-B MON,MIS 0 750 P5223W 03/09/70 43 70 10 NENE ANNA RUTH MCKINZIE ANNA #1 CAN STO,IND,MIS P5224W 04/06/70 44 70 17 SENW OSTLUND INVESTMENTS CONRAD #1-17 STO,DOM 25 620 P52336W 05/06/80 43 70 1 NWNE W.R.R.I. OBS #1 MON,MIS 0 103 P52337W 05/06/80 43 70 1 NESE W.R.R.I. OBS #2 MON,MIS 0 80 P54181W 09/23/80 44 69 31 NWSW WYOMING W.R.R.I. OBS #3 CAN MON,MIS P54182W 09/23/80 44 69 31 NWSW WYOMING W.R.R.I. OBS #4 CAN MON,MIS P54183W 09/23/80 44 69 31 NWSW WYOMING W.R.R.I. OBS #6 CAN MON,MIS P54184W 10/15/80 44 69 32 SWSW WYOMING W.R.R.I. OBS #5 CAN MON,MIS P54646W 11/20/80 44 71 16 NESE WY BOARD OF LAND COMMISSIONERS JUMPOFF #1 MON,STO,MIS 5 325 REARL BOLLER P54820W 11/21/80 43 69 6 NWNE WYOMING W.R.R.I. OBS #7 CAN MON,MIS P54821W 11/21/80 44 70 36 NESW WYOMING W.R.R.I. OBS WELL #8 CAN MON,MIS P5862P 08/31/68 43 71 13 NESW RENO LIVESTOCK CORPORATION HEARTSPEAR 8 STO 2 324 P5863P 04/30/69 43 70 17 NESE ATLANTIC RICHFIELD COMPANY HEARTSPEAR 9 CAN STO 1.5 276 P5866W 06/22/70 43 71 12 SWNE DALE MILLS HEARTSPEAR 12 ADJ STO 25 212 RENO LIVESTOCK CORPORATION P5867W 06/22/70 43 70 7 NWNE RENO LIVESTOCK CORPORATION HEARTSPEAR 13 ABA STO 25 210 P5869W 06/22/70 43 70 6 NESE RENO LIVESTOCK CORPORATION HEARTSPEAR 15 CAN STO,IND,MIS P59111W 12/29/81 44 70 29 SENE JACOBS LAND & LIVESTOCK JACOBS #1 STO,DOM 7 620 P5971W 05/29/70 44 71 34 NESE INC. STUART BROTHERS SWP #1 STO 25 245 P5972W 05/29/70 44 71 34 NESE INC. STUART BROTHERS SWP #2 STO 25 250 P5973W 05/29/70 43 70 17 SWNW INC. STUART BROTHERS SWP #3 CAN STO 25 291 P6348W 08/17/70 44 71 14 SWNW CARL J. SPRINGEN SPRINGEN #1 STO 14 104 P67545W 06/07/84 43 70 8 NENE USA USDA FOREST SERVICE JACOBS #T.B. 204 STO 4 354 P68198W 08/14/84 43 70 14 NWNE KEER-MCGEE COAL CORP JLL-14-1 STO 8 342 P779W 08/14/61 43 70 11 NESE JACOBS LAND & LIVESTOCK CO. SHROYER #1 IRR 350 45 P81595W 01/08/90 43 70 7 SWSW JACOBS LAND AND LIVESTOCK CONSOL UNA STO 10 100 P89324W 09/01/92 44 70 32 SESE JACOBS LAND AND LIVESTOCK REYNOLD'S #1 UNA STO 7 300 P8961P 07/31/64 43 70 5 NWSW USDA FOREST SERVICE JACOBS #T B 85 STO 4 268 P92345W 07/20/93 44 71 34 SWSE JAMES R. AND IRENE STUART ALICE #1 UNA DOM 8 630 P9681W 07/13/71 43 71 1 NENE BELLE FOURCHE PIPELINE CO. #1 STO,DOM 30 346 GLADYS KINGTON NORWOOD

APPENDIX F

POTENTIAL HEALTH EFFECTS FROM

RELEASE OF NITROGEN DIOXIDE (NO2) Appendix F

General Chemistry of Nitrogen Dioxide

NO2 is a gas above about 70 degrees F. It is reddish-brown. It is heavier than air, with a vapor density of 1.58 (air = 1.0). It has a pungent odor. The odor threshold, or concentration at which most people can identify it, is roughly 1-6 ppm. One part per million (ppm) in air = 1.88 mg/m3, equal to 1,880 µg/m3.

Nitrogen dioxide is highly reactive. It is a strong oxidizing agent and is corrosive to metals. It combines with water to form nitric acid (HNO3) and nitric oxide (NO).

Nitrogen dioxide is significantly different from nitrous oxide or dinitrogen monoxide, designated by the molecular formula N2O and usually referred to as laughing gas. In contrast to nitrogen dioxide, nitrous oxide is rather stable, and although it is a central nervous system depressant and an asphyxiant, is not irritating to the respiratory tract. It is used as an anesthetic, especially in dentistry, at concentrations of up to 70% (700,000 ppm) with no respiratory toxicity.

Sources of NO2 and NO

Nitrogen dioxide and nitrous oxides are formed from the incomplete combustion (burning) of nitrogen-containing chemicals. Incomplete combustion means that the combusted materials are not broken down completely. The concentrations of

NO and NO2 are expected to be about the same, or predominately NO2, because

NO reacts with atmospheric oxygen and chemically converts to NO2 after both are formed. Sources of NO2 include automobiles, welding, natural gas appliances, cigarette smoke, and explosives.

Toxicity

Nitrogen dioxide gas may cause significant toxicity because of its ability to form nitric acid with water in the eye, lung, mucous membranes and skin.

Nitrogen dioxide is considered to have poor “warning properties” because it is not immediately sensed at concentrations which can cause significant lung damage or even death.

The exact concentrations at which NO2 will cause various health effects cannot be predicted with complete accuracy, because the effects are a function of air concentration and time of exposure, and precise measurements have not been made in association with human toxicity. The information that is available from human exposures also suggests that there is some variation in individual

Final EIS, North Jacobs Ranch Coal Lease Application F-1 Appendix F response. The concentrations in the following discussion are therefore approximate.

Acute Exposure

When inhaled NO2 may cause death by acute broncho-spasm (airway closing), pulmonary edema (damage to fine tissues of the lung), or bronchiolitis obliterans (obstruction of the fine lung passages, secondary to tissue damage). Potentially fatal pulmonary edema can occur following minimal early symptoms. Symptoms usually occur within 1-2 hours of exposure, but may be delayed up to 72 hours.

The IDLH (“immediately dangerous to life and health”) concentration is 20 ppm.

Depending on the length of exposure, high concentrations of NO2 may also cause pneumonia (generalized lung inflammation), and bronchiolitis (inflammation of the bronchioles). Recovery may be either complete or may involve some degree of impairment of pulmonary function. Acute exposure to high concentrations of NO2 may cause serious eye irritation and damage.

Chronic Exposure

Chronic or repeated exposure to lower concentrations of NO2 may exacerbate pre­ existing respiratory conditions, or increase the incidence of respiratory infections. For example, in one study of workers in a diesel bus garage, respiratory symptoms were elevated when concentrations of NO2 were above 0.3 ppm.

Persons considered sensitive to NO2 toxicity include children, persons with decreased ventilatory reserves (the elderly and persons with COPD - chronic obstructive pulmonary diseases, including asthma, bronchitis and emphysema), and persons who are at risk for developing infections, such as persons undergoing chemotherapy for malignancies, persons with acute leukemia and patients who have had bone marrow transplantations.

Numerous indoor air studies on the effects of nitrogen oxides on respiratory infections indicates that NO2 exposure increases the risk of respiratory symptoms in children aged 5 to 12 years. Although it may not be possible to estimate a relationship between concentration and effects, one analysis of these studies suggested that for every increase of 0.015 ppm in 2-week average exposures to

NO2 there is an increased risk of 20% of respiratory symptoms and disease.

Asthmatics may be the group most susceptible to NO2 because their airways are hyper-responsive to irritants. In controlled studies, asthmatics have experienced symptoms, but not changes in lung function at concentrations as low as 0.5 ppm

F-2 Final EIS, North Jacobs Ranch Coal Lease Application Appendix F for 2 hours. Their responsiveness to exercise or other irritants, however, has been shown to be enhanced by NO2 exposures as low as 0.1 ppm.

NO2 Levels of Interest (1 ppm = 1.88 mg/m3 = 1,880 µg/m3) ppm mg/m3 EPA National Ambient Air Quality Standard (yearly average) 0.05 0.09 EPA Significant Harm Level (1-hour average) 2 3.76 Odor threshold 1-6 1.90-11.20 OSHA Permissible Exposure Level (PEL)1 3 5.64 OSHA Short-Term (15 min) Exposure Limit (STEL)2 5 9.40 NIOSH recommended Short-Term Exposure Limit (15 min) 1 1.88 NIOSH Immediately Dangerous to Life & Health (IDLH)3 20 37.60

NO2 is a SARA TITLE III Extremely Hazardous Substance (40 CFR Table 302.4) Reportable Quantity: 10 pounds Threshold Planning Quantity: 100 pounds

1 PELS (Permissible Exposure Levels) are enforceable workplace standards which may not be exceeded during any 8-hour work shift of a 40-hour work week. In July 1992 the 11th Circuit Court of Appeals vacated more protective PELS set by OSHA in 1989,

moving them back as standards set in 1971. NO2 was changed back to 3 ppm from 1 ppm. In 1989 OSHA had adopted a ceiling (a value which should not be exceeded

at any time) of 5 ppm. There is no current ceiling level for NO2.

2 A STEL is a 15-minute time-weighted average exposure that should not be exceeded at any time during a workday.

3 The IDLH is “a condition that poses a threat of exposure to airborne contaminants when that exposure is likely to cause death or immediate or delayed permanent adverse health effects or prevent escape from such environment.” (NIOSH, 1994).

Final EIS, North Jacobs Ranch Coal Lease Application F-3 APPENDIX G

PROTECTION OF THREATENED AND ENDANGERED SPECIES Appendix G

Introduction

The Endangered Species Act (16 U.S.C. 1531-1543) protects plant and animal species that are listed as T&E as well as their critical habitats. Endangered species are defined as those that are in danger of extinction throughout all or a significant portion of their range. Threatened species are those that are likely to become endangered in the foreseeable future throughout all or a significant portion of their range. Candidate species include species for which the USFWS has sufficient data to list as T&E but for which listing is precluded by a higher priority action.

In a letter dated October 25, 1999 and in comments dated October 3, 2000, the USFWS advised the BLM that the following threatened, endangered, proposed or candidate species may be present in the area of the North Jacobs Ranch federal coal lease application: Black-footed ferret (endangered) Bald eagle (threatened) Mountain plover (proposed) Ute Ladies’ -tresses (threatened) Swift fox (candidate) Sturgeon chub (candidate) Black-tailed prairie dogs (candidate)

In response to a March 3, 2000 request from Intermountain Resources to provide a listing of T&E species likely to occur on or adjacent to the North Jacobs Ranch LBA Tract, the USFWS identified the black-footed ferret, bald eagle, mountain plover, swift fox, and black-tailed prairie dog as potentially being present in the area in a letter dated March 16, 2000.

Description of the Proposed Project

The North Jacobs Ranch coal lease application is for federal coal reserves located north of and adjacent to the Jacobs Ranch Mine in Campbell County, Wyoming. The application area is located in southern Campbell County, Wyoming, approximately 7 miles east of Wright, Wyoming. The tract as applied for includes approximately 4,820 acres.

Under the Proposed Action, the federal coal in the North Jacobs Ranch LBA Tract, as applied for by JRCC, would be offered for lease at a competitive sale, subject to standard and special lease stipulations developed for the Wyoming PRB. These stipulations are listed in Appendix D of this EIS. The Proposed Action assumes that the tract would be developed as a maintenance lease to extend the life of an adjacent existing surface coal mine. As a result, there would not be major

Final EIS, North Jacobs Ranch Coal Lease Application G-1 Appendix G changes in facilities, roads or employment. The project area is shown in Figures 1-1 and 1-2 of this EIS and additional information about the proposed project is provided in Section 2.1.

Under Alternative 1, the No Action Alternative, the application to lease the federal coal in the North Jacobs Ranch LBA Tract would be rejected and the tract would not be leased at this time. Selection of Alternative 1 would not affect already approved mining activities at the adjacent mines and other mines in this area. This alternative is discussed in Section 2.2 of this EIS, and the adjacent mines are shown in Figure 1-1.

Alternatives 2 and 3 are also analyzed in detail in this EIS. In evaluating this lease application, BLM identified alternative tract configurations designed to minimize the risk of bypassing federal coal that would then potentially become economically unrecoverable or reduce potential conflicts with existing and proposed oil and gas development on the tract. Alternative 2 considers adding additional coal east of the LBA Tract as applied for to avoid future bypassing of that coal. Alternative 3 considers decreasing the size of the tract to reduce potential conflicts with proposed and existing oil and gas development. The coal added under Alternative 2 would also be added to the tract in Alternative 3. Alternatives 2 and 3 are shown in Figure 2-1 and discussed in Sections 2.3 and 2.4, respectively, of this EIS.

Land Use Planning Screening Analysis

The North Jacobs Ranch LBA Tract is included in the area that has been evaluated for acceptability for further lease consideration as part of the coal screening process. The coal screening process is a four part process which includes application of the coal unsuitability criteria for the BLM Buffalo Resource Management Plan. The coal unsuitability criteria, which are defined in 43 CFR 3461.5, are listed in Appendix B. Unsuitability criterion 9 pertains to federally designated or proposed critical habitat for listed, threatened or endangered plant and animal species, Criterion11 pertains to active bald or golden eagle nests or sites, Criterion 12 pertains to bald and golden eagle roost and concentration areas, and criterion14 pertains to high priority habitat for migratory birds of high federal interest (which includes the mountain plover).

The unsuitability criteria were applied to the area of high and moderate coal potential in the Wyoming PRB by the BLM and the USFS in 1984, as part of the RMP for the BLM Buffalo Resource Area, and the LRMP for the Medicine Bow National Forest and the Thunder Basin National Grassland. The unsuitability criteria were re-evaluated in 1992 and 1993 by the BLM and USFS, and a report of the findings of that screening was prepared in 1997.

G-2 Final EIS, North Jacobs Ranch Coal Lease Application Appendix G

In the case of the North Jacobs Ranch coal lease application area, there were no unsuitable findings under any of the criteria pertaining to T&E species in either the 1984 or 1992-1993 screening.

As part of the leasing process, all of the coal unsuitability criteria are reviewed site-specifically for each individual lease application based on the most current survey information. The unsuitability findings have been reviewed specifically for the North Jacobs Ranch LBA Tract, and the findings are summarized in Appendix B of this EIS. The findings pertaining to T&E species are based on currently available T&E surveys of the North Jacobs Ranch LBA Tract. These surveys are identified and summarized in the following discussions. Based on the site specific review of the currently available surveys, there are no unsuitable findings in the case of the North Jacobs Ranch coal lease application area under any criteria pertaining to T&E species.

Regulatory Requirements and Mitigation

The issuance of a Federal coal lease grants the lessee the exclusive rights to mine the coal, subject to the terms and conditions of the lease. Lease ownership is necessary for mining federal coal, but lease ownership does not authorize mining operations. No operations can occur on the leased lands until the approval of both the MLA mining plan and the state mining and reclamation permit under the applicable Wyoming state regulations (see Section 1.2: Regulatory Authority and Responsibility).

If the North Jacobs Ranch LBA Tract is leased, the lessee may be required to conduct additional surveys and other evaluations as part of the permit application and approval processes to ensure compliance with the Endangered Species Act. It will be important to confirm the potential, or lack of potential, for impacts to any threatened, endangered, candidate or other special status plant/animal species prior to beginning proposed surface disturbing activities. Coordination with the USFWS during the permit application review process should resolve any potential impacts that are confirmed. If the impacts cannot be satisfactorily resolved, the State regulatory authority would condition any resulting permit to mine coal with species-specific protective measures. The permit application and approval process would be based on the most current survey information and an actual detailed site-specific mining and reclamation proposal.

To inform/remind the lessee of the potential for additional survey and evaluation activity prior to mining, BLM will attach the following stipulation to the lease:

Final EIS, North Jacobs Ranch Coal Lease Application G-3 Appendix G

Threatened, Endangered, Candidate, or Other Special Status Plant and Animal Species. The lease area may contain habitat for the following threatened, endangered, candidate, or other special status plant and animal species: black-footed ferret, bald eagle, mountain plover, Ute Ladies’-tresses, swift fox, sturgeon chub, and black-tailed prairie dog. If surveys performed during the permit application process or future permit revisions indicate that any threatened, endangered, candidate, or other special status plant/animal species could be impacted by proposed coal mining and reclamation operations located on this lease and the potential impacts to that species cannot be satisfactorily resolved through coordination with the USFWS, the proposed coal mining and reclamation operations could be restricted or constrained by the State regulatory authority.

The following is a partial list of measures that the state of Wyoming could require as part of the mining and reclamation permit in accordance with the state regulatory requirements: Y Avoiding bald eagle disturbance; Y Restoring bald eagle foraging areas disturbed by mining; Y Restoring mountain plover habitat; Y Using raptor safe power lines; Y Surveying for Ute Ladies’-tresses if habitat is present; Y Surveying for mountain plover if habitat is present; Y Surveying for black-footed ferrets if prairie dogs move onto tract.

Ute Ladies’-tresses (Spiranthes diluvialis)

Existing Environment

Ute Ladies’-tresses is a federally-listed threatened member of the orchid family identified by the USFWS as potentially occurring on the LBA Tract. Typical suitable habitat for Ute Ladies’-tresses is found along perennial or ephemeral streams with subirrigation into late July or August. The LBA Tract was investigated for suitable habitat for the Ute Ladies’-tresses orchid by Intermountain Resources in 1999. Ephemeral streams with subirrigation into late July and August do not exist on the North Jacobs Ranch LBA Tract. Other wetlands, which are not considered suitable Ute Ladies’-tresses habitat, do exist on site. These wetlands were surveyed in the field for the orchid in late July and August of 1999. Surveys consisted of inventorying each wetlands site twice, once in July and once in August, for the presence of Ute Ladies’-tresses. No orchids were found during those surveys.

G-4 Final EIS, North Jacobs Ranch Coal Lease Application Appendix G

Effects of the Proposed Project

If a federal coal lease is issued for the North Jacobs Ranch LBA Tract under the Proposed Action or Alternatives 2 or 3, Ute Ladies’-tresses would not be likely to be directly or indirectly impacted because typical suitable habitat for this species does not exist on the tract. If a lease is issued for the tract, mining operations could not be initiated until the MLA mining plan and the state mining and reclamation permit are approved. If future surveys of the tract do locate this species on the wetlands that are not considered typical suitable habitat for this species prior to surface disturbing activities, coordination with the USFWS during the permit application review process should resolve any potential conflicts.

As a result, issuing a federal coal lease for the North Jacobs Ranch LBA Tract under the Proposed Action or Alternatives 2 or 3 is not likely to adversely affect the Ute Ladies’-tresses orchid or its habitat.

Bald Eagle (Haliaeetus leucocephalus)

Existing Environment

The bald eagle is a federally-listed threatened species. It is a common winter resident and migrant in the area of the North Jacobs Ranch LBA Tract, and has been observed foraging on the area during past surveys. This species has winter roost sites in the Rochelle Hills, approximately four miles east of the LBA Tract. The North Jacobs Ranch LBA Tract was surveyed for bald eagle roost sites in January and February of 2000 by Intermountain Resources. The site does not contain any suitable roosting habitat. The LBA Tract and lands within one mile do not contain trees large enough to support an eagle nest. There are no concentrated food sources for the eagle on the tract.

Effects of the Proposed Project

If a lease is issued for the North Jacobs Ranch LBA Tract under the Proposed Action or Alternatives 2 or 3, bald eagle foraging habitat would be lost on the tract during mining and before reclamation. The loss of any potential prey habitat would be short-term. Foraging habitat that is lost during mining would be replaced as reclamation continues on already mined out areas. Through February, 2000, more than sixty percent of the area that has been disturbed by coal mining activities at the existing Jacobs Ranch Mine had been reclaimed. Eagles may alter foraging patterns as they fly around areas of active mining activity. Potential for bald eagles to collide with or be electrocuted by electric power lines on the mine site is minimal due to use of raptor safe power lines.

Final EIS, North Jacobs Ranch Coal Lease Application G-5 Appendix G

The North Jacobs Ranch LBA Tract does not include any suitable roosting habitat or trees large enough to support an eagle nest. If a lease is issued for the tract, mining operations could not be initiated until the MLA mining plan and the state mining and reclamation permit are approved. If future surveys of the tract identify that the situation has changed and that bald eagle roosting or nesting habitat could be impacted by mining activities on the tract, coordination with the USFWS during the permit application review process should resolve potential conflicts.

As a result, issuing a federal coal lease for the North Jacobs Ranch LBA Tract under the Proposed Action or Alternatives 2 or 3 is not likely to adversely affect the bald eagle or its habitat.

Black-footed Ferret (Mustela nigripes)

Existing Environment

The black-footed ferret is a federally-listed endangered species. Black-footed ferrets are found exclusively living in prairie dog towns, and prairie dogs are the main prey source for the black-footed ferret. The North Jacobs Ranch LBA Tract has been surveyed for prairie dog towns by systematically searching the entire tract and adjacent area during surveys conducted in 1999 and 2000. There are no prairie dog colonies on the LBA Tract, the nearest town is approximately ¼ mile away. No evidence of black-footed ferrets has been found during surveys of prairie dog towns located in the general area of the North Jacobs Ranch LBA Tract. As a result, ferrets would not be expected to occur in the area.

Effects of the Proposed Project

If a federal coal lease is issued for the North Jacobs Ranch LBA Tract under the Proposed Action or Alternatives 2 or 3, black-footed ferrets would not be likely to be directly or indirectly impacted because prairie dog towns, the typical suitable habitat for this species, are not currently located on the tract. If a lease is issued for the tract, mining operations could not be initiated until the MLA mining plan and the state mining and reclamation permit are approved. If future surveys of the tract find that prairie dogs have moved onto the tract prior to surface disturbing activities, coordination with the USFWS during the permit application review process should resolve potential conflicts.

As a result, issuing a federal coal lease for the North Jacobs Ranch LBA Tract under the Proposed Action or Alternatives 2 or 3 is not likely to adversely affect the black-footed ferret or its habitat.

G-6 Final EIS, North Jacobs Ranch Coal Lease Application Appendix G

Mountain Plover (Charadrius montanus)

Existing Environment

The mountain plover is proposed for listing as threatened. It breeds in areas of dry short-grass vegetation and may be associated with prairie dog colonies.

The North Jacobs Ranch LBA Tract was surveyed from March through July of 1999 for habitat typically used by mountain plovers by Intermountain Resources. Surveys consisted of mapping all vegetation/ habitat types within the area. No areas with low growing vegetation or sparse vegetation, typical of mountain plover habitat, were found. Prairie dog towns were not found within the tract. Surveys to determine the presence of mountain plovers were conducted in March through July when the species are present in Wyoming. These surveys were completed by traversing the area in a vehicle or on an ATV during the early morning hours after sunrise and during the hours prior to sunset. At least two surveys were completed each month from March through July in 1999. One survey was completed in March, two surveys in April, one survey in May, and one survey in June of 2000. No mountain plovers have been recorded on or near the LBA Tract.

Effects of the Proposed Project

If a federal coal lease is issued for the North Jacobs Ranch LBA Tract under the Proposed Action or Alternatives 2 or 3, mountain plovers would not be likely to be directly or indirectly impacted because the typical suitable habitat for this species, short grass prairies and/or prairie dog towns, are not currently located on the tract. If a lease is issued for the tract, mining operations could not be initiated until the MLA mining plan and the state mining and reclamation permit are approved. If future surveys of the tract find that mountain plover habitat exists on the tract prior to surface disturbing activities, coordination with the USFWS during the permit application review process should resolve potential conflicts.

As a result, issuing a federal coal lease for the North Jacobs Ranch LBA Tract under the Proposed Action or Alternatives 2 or 3 is not likely to jeopardize the mountain plover or its habitat.

Swift Fox (Vulpes velox)

Existing Environment

The swift fox is a candidate species. Specific surveys were not conducted for the swift fox and no foxes were observed during surveys conducted for other species.

Final EIS, North Jacobs Ranch Coal Lease Application G-7 Appendix G

The swift fox has never been recorded in the area and is not expected to be found there due to the lack of abundant grassland or short shrub habitats.

Effects of the Proposed Project

If a federal coal lease is issued for the North Jacobs Ranch LBA Tract under the Proposed Action or Alternatives 2 or 3, swift foxes would not be likely to be directly or indirectly impacted because the typical suitable habitat for this species is not currently located on the tract and swift foxes have never been recorded in the area. If a lease is issued for the tract, mining operations could not be initiated until the MLA mining plan and the state mining and reclamation permit are approved. If future surveys of the tract find swift fox habitat on the tract prior to surface disturbing activities, coordination with the USFWS during the permit application review process should resolve future potential conflicts prior to authorization of surface disturbing activities.

As a result, issuing a federal coal lease for the North Jacobs Ranch LBA Tract under the Proposed Action or Alternatives 2 or 3 is not likely to adversely affect the swift fox or its habitat.

Sturgeon Chub (Macrhybopsis gelida)

Existing Environment

Habitat for the sturgeon chub does not exist within the area. This species requires large perennial streams with silty bottoms. This species is found within the Big Horn and Powder River drainages, but the LBA Tract is located within the Cheyenne River drainage.

Effects of the Proposed Project

If a federal coal lease is issued for the North Jacobs Ranch LBA Tract under the Proposed Action or Alternatives 2 or 3, the sturgeon chub would not be likely to be directly or indirectly impacted because the typical suitable habitat for this species does not exist on the tract. If a lease is issued for the tract and future surveys identify potential sturgeon chub habitat prior to surface disturbing activities, coordination with the USFWS during the permit application review process should resolve potential conflicts prior to authorization of surface disturbing activities.

As a result, issuing a federal coal lease for the North Jacobs Ranch LBA Tract under the Proposed Action or Alternatives 2 or 3 is not likely to adversely affect the sturgeon chub or its habitat.

G-8 Final EIS, North Jacobs Ranch Coal Lease Application Appendix G

Black-tailed Prairie Dog

Existing Environment

The black-tailed prairie dog is a candidate species. As discussed above, the North Jacobs Ranch LBA Tract has been surveyed for prairie dog towns by systematically searching the entire tract and adjacent area during surveys conducted in 1999 and 2000. There are no prairie dog colonies on the LBA Tract, the nearest town is approximately ¼ mile away.

Effects of the Proposed Project

If a federal coal lease is issued for the North Jacobs Ranch LBA Tract under the Proposed Action or Alternatives 2 or 3, prairie dogs would not be likely to be directly or indirectly impacted because prairie dog towns are not currently located on the tract. If a lease is issued for the tract and future surveys of the tract find that prairie dog towns have been established on the tract prior to surface disturbing activities, coordination with the USFWS during the permit application review process should resolve any potential conflicts. Habitat where prairie dogs could establish towns would be lost during mining but would be replaced as reclamation occurs on already mined out areas. Through February, 2000, more than sixty percent of the area disturbed by coal mining activities at the existing Jacobs Ranch Mine had been reclaimed.

As a result, issuing a federal coal lease for the North Jacobs Ranch LBA Tract under the Proposed Action or Alternatives 2 or 3 is not likely to adversely affect the black-tailed prairie dog or its habitat.

No Action Alternative (Alternative 1)

Under the No Action Alternative, the North Jacobs Ranch lease application would be rejected and the tract would not be leased at this time. Mining activities at the adjacent mines would be limited to already approved disturbance to remove coal from existing leases. Coal would not be removed from the North Jacobs Ranch LBA Tract, but some mining-related surface disturbance would occur to allow removal of coal from the adjacent existing federal coal leases.

Under Alternative 1, impacts to Ute Ladies’-tresses, mountain plover, swift fox, and sturgeon chub would not be expected to be different than described above for the Proposed Action and Alternatives 2 and 3 because the North Jacobs Ranch LBA Tract does not include any typical suitable habitat for these species. For the bald eagle, selection of Alternative 1 would mean that eagle foraging habitat would not be lost on the LBA Tract during mining and eagle foraging patterns would not

Final EIS, North Jacobs Ranch Coal Lease Application G-9 Appendix G be affected by mining activity on the LBA Tract. As indicated above, there is no bald eagle roosting or nesting habitat on the tract at this time. For the prairie dog and black-footed ferret, selection of Alternative 1 would mean that the area of the North Jacobs Ranch LBA Tract would remain an available site for future prairie dogs towns. There are no prairie dog towns currently located on the tract.

Cumulative Effects

Existing activities in the PRB which could impact T&E species include oil and gas development (including coal bed methane), surface coal mining, uranium mining, sand and gravel mining, proposed power plant and railroad line construction, ranching, and recreational activities such as hunting. Mining and construction activities tend to have more intense impacts on fairly localized areas, while ranching, recreational activities, and oil and gas development tend to be less intensive but spread over larger areas. Oil and gas development and mining activities have requirements for reclamation of disturbed areas as resources are depleted. The net area of energy disturbance in the Wyoming PRB is increasing overall, however, as new areas of disturbance are added, mined-out areas are restored and reclaimed and oil and gas well sites are reclaimed when depleted oil and gas wells are abandoned.

Issuing a lease for the North Jacobs Ranch LBA Tract would not be expected to change potential cumulative impacts to T&E species in the PRB. The tract is proposed as a maintenance lease for an existing mine. If it is leased under the Proposed Action or Alternatives 2 or 3, mining activities would gradually move from the existing Jacobs Ranch leases onto the LBA Tract. As the mining activities move off the existing leases, restoration of the land surface and reclamation would occur in the mined-out areas of the existing leases. The habitat on the newly leased area would not be available for use by previously resident species during mining operations, but the newly reclaimed areas on the existing leases would become available for use by wildlife. The existing mining facilities, transportation facilities and workforce would be used to mine the new lease. The mining activities would be extended by 7 to 23.2 years, depending on which alternative is chosen. The applicant, JRCC, has indicated they plan to decrease production to an average of 21 million tons per year (about a 3.5 million tons per year decrease) and maintain employment levels at 333, if they acquire a lease for the North Jacobs Ranch LBA Tract.

Personal Contacts and Cited References

Personal contacts consulted in preparation of this Appendix are Jim Orpet and Russel Tait of Intermountain Resources. References considered in this Appendix are included in Section 6 of this EIS and the following:

G-10 Final EIS, North Jacobs Ranch Coal Lease Application Appendix G

Fax transmittal February 28, 2000 from USFWS (Pat Deibert) to JRCC and Intermountain Resources pertaining to Mountain Plover surveying.

Letter from Intermountain Resources (Russel Tait) to USFWS, March 3, 2000. Information request concerning critical habitat, MBHFI, and T&E species occurring on or adjacent to the North Jacobs Ranch LBA Tract.

Letter from Intermountain Resources (Jim Orpet) to WGFD (Vern Stelter) March 6, 2000. Wildlife baseline data collection plan on the North Jacobs Ranch LBA Tract.

Letter from WGFD (Thomas Collins) to Intermountain Resources (Jim Orpet), March 7, 2000. Response to Intermountain Resources baseline wildlife data collection plan on the North Jacobs Ranch LBA Tract.

Letter from USFWS (Mr. Michael Long) to Intermountain Resources (Russel Tait), March 16, 2000. Response to Intermountain Resources March 3, 2000 request for information concerning critical habitat, MBHFI, and T&E species occurring on or adjacent to the North Jacobs Ranch LBA Tract.

Wildlife surveys completed on the North Jacobs Ranch LBA Tract and adjacent area:

1999 MBHFI / Raptor / Big Game 1/24, 2/16, 2/22, 2/24, 2/25 (aerial survey), 3/29, 3/30, 4/12, 4/22, 4/23, 6/8, 6/9, 7/21, 8/18, 8/19, 8/21, 8/22 Grouse 4/8, 4/13, 4/23 Grouse Brood 7/21, 7/29 Lagomorph 8/22, 8/23

2000 MBHFI / Raptor / Big Game 2/24, 3/29, 4/10, 4/25, 6/6, 6/7, 8/1 Grouse 3/30, 4/10, 4/25 Lagomorph 8/2, 8/9

Final EIS, North Jacobs Ranch Coal Lease Application G-11 Appendix G

2001 MBHFI / Raptor / Big Game 2/19, 2/22, 4/12, 4/23, 4/27, 5/16, 5/17, 5/30 Grouse 3/28, 4/12, 4/27

G-12 Final EIS, North Jacobs Ranch Coal Lease Application APPENDIX H

SUMMARY OF THE AIR QUALITY ANALYSIS WITHIN THE DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION POWDER RIVER BASIN EXPANSION PROJECT EIS Appendix H

Introduction

The following air quality impacts summary was taken from the Dakota, Minnesota & Eastern Railroad Corporation Powder River Basin Expansion Project Draft EIS.

Near Field Impacts to Air Pollutant Concentrations

Figure H-1 shows the maximum near field concentrations for criteria air pollutants for the worst-case emissions as percentages of the applicable national and Wyoming ambient air quality standards (NAAQS and WAAQS, respectively). The modeled cumulative concentration impacts are all in compliance with the NAAQS and WAAQS.

Figure H-2 shows the maximum near field concentrations for criteria air pollutants for the worst-case emissions as percentages for the applicable PSD class increments. All modeled cumulative concentration impacts, with the exception of the 24-hour particulate matter concentration, are all less than the PSD class II increments. This large potential impact may be due to the techniques used to model fugitive dust emissions from mining operations.

Figures H-1 and H-2 depict the following data:

Pollutant % NAAQS % PSD Monitored Modeled Modeled Background Cumulative Cumulative SO2 annual 5.0 1.9 5.7 SO2 24-hour 3.1 3.2 9.2 SO2 3-hour 0.6 2.5 6.4 NO2 annual 16.5 3.4 13.4 PM10 annual 32.2 19.3 56.8 PM10 24-hour 30.7 45.0 224.8 PM2.5 annual 37.3 0.0 PM2.5 24-hour 24.8 9.9 CO 8-hour 15.0 0.0 CO 1-hour 8.8 0.0

Far Field Impacts to Air Pollutant Concentrations

Figure H-3 shows the maximum far field concentrations for criteria air pollutants for the worst-case emissions as percentages of the applicable NAAQS and WAAQS. The modeled cumulative concentration impacts are all less than 40 percent of the national standards.

Final EIS, North Jacobs Ranch Coal Lease Application H-1 CO 8-hour CO 1-hour hour PM2.5 24- PM2.5 annual annual PM2.5 PM2.5 Modeled Cumulative Cumulative Modeled hour PM10 24- Pollutant PM10 PM10 annual NO2 annual annual Monitored Background Background Monitored hour SO2 3- SO2 hour SO2 24-SO2 SO2 SO2 annual annual 0

80 60 40 20

100 100 Concentr ation (per cent W yom ing standar d) d) standar ing yom W cent (per ation Concentr

Figure H-1. Comparison of Air Pollutant Concentrations with Wyoming Ambient Air Quality Standards. 300

250

200

150

100 Concentratioin (percent PSD increment) PSD increment) (percent Concentratioin 50

0 SO2 SO2 24- SO2 3- NO2 PM10 PM10 24- annual hour hour annual annual hour Pollutant

Modeled Cumulative

Figure H-2. Comparison of Air Pollutant Concentrations with Prevention of Significant Deterioration Increments. Cloud Cloud Peak WA NO2 annual NO2 24-hour PM2.5 Res Northern Northern Cheyenne Cheyenne Devil's Tower NM SO2 3-hour PM2.5 annual Jewel Jewel Cave NP Area NP Wind Cave Wind Cave SO2 24-hour PM10 24-hour Mt. Rushmore WA Black Elk Elk Black NP SO2 annual annual PM10 Badlands 0 80 60 40 20 100

Figure H-3. Comparison of Air Pollutant Concentration with Wyoming Ambient Air Quality Standards. Appendix H

Figure H-4 shows the maximum far field concentrations for criteria air pollutants for the worst-case emissions as percentages of the applicable Class I and Class II PSD increments. The modeled cumulative concentration impacts are all less than 40% of the PSD increments.

Figures H-3 and H-4 depict the following data:

Pollutant Total Impact (%WAAQS)

Badlands Black Elk Mt. Wind Cave Jewel Cave Devil's Tower Northern Cloud Peak NP WA Rushmore NP NP NM Cheyenne Res WA SO2 annual 5.10 5.18 5.17 5.20 5.27 5.23 5.03 5.02 SO2 24-hour 3.30 3.51 3.48 3.50 3.71 3.46 3.54 3.29 SO2 3-hour 0.77 0.97 0.92 0.82 0.99 0.81 0.86 0.75 NO2 annual 16.74 16.77 16.76 16.83 16.88 17.01 16.57 16.53 PM10 annual 32.58 32.96 32.90 32.94 33.22 34.34 32.56 32.58 PM10 24-hour 31.90 33.12 33.07 32.62 33.45 34.77 33.50 34.21 PM2.5 annual 37.33 37.33 37.33 37.33 37.33 37.33 37.33 37.33 PM2.5 24-hour 24.82 24.78 24.78 24.80 24.78 24.78 24.78 24.77

Pollutant Cumulative Impact (%PSD)

Badlands Black Elk Mt. Wind Cave Jewel Cave Devil's Tower Northern Cloud Peak NP WA Rushmore NP NP NM Cheyenne Res WA SO2 annual 3.00 0.55 0.05 6.00 0.80 0.70 1.00 0.05 SO2 24-hour 11.60 1.26 1.15 26.40 1.81 1.09 24.20 0.60 SO2 3-hour 7.88 0.91 0.77 10.76 0.96 0.52 12.76 0.33 NO2 annual 12.00 1.08 1.04 16.50 1.52 2.04 3.50 0.12 PM10 annual 4.75 2.24 2.06 9.25 3.00 6.29 4.50 1.12 PM10 24-hour 23.12 12.27 12.03 36.63 13.90 20.53 53.13 17.70

Cumulative Acid Deposition Impacts

Figure H-5 shows the potential deposition rate for sulphur and nitrogen over Florence Lake (Cloud Peak Wilderness Area), Badlands National Park and Wind Cave National Park for the worst-case emissions. The modeled cumulative acid deposition impacts are all less than 0.2 kilograms per hectare per year. A deposition rate of at least 10 kilograms per hectare per year would be considered significant.

Acid deposition impacts are also compared to the USFS level of acceptable change in acid neutralizing capacity (ANC). The potential worst case impact to ANC in Cloud Peak Wilderness Area is less than 20 percent of the USFS level of acceptable change.

Final EIS, North Jacobs Ranch Coal Lease Application H-5 WA Cloud Peak PM10 24-hour 24-hour PM10 Res Northern Northern Cheyenne Cheyenne NM PM10 annual Devil's Tower Tower Devil's NP Jewel Cave Cave Jewel NO2 annualNO2 Area NP Wind Cave SO2 3-hour 3-hour SO2 Rushmore SO2 24-hour 24-hour SO2 SO2 annual Badlands NP Black ElkWA Mt. 0 80 60 40 20 100

Figure H-4. Comparison of Air Pollutant Concentrations with Prevention of Significant Deterioration Increments. 10

8

6

4 Deposition (kg/ha/year) (kg/ha/year) Deposition

2

0 Florence Lake Badlands NP Wind Cave NP Class I Area

Sulphur Nitrogen

Figure H-5. Acid Deposition. Appendix H

Figure H-5 depicts the following data:

Pollutant Acid Deposion (kg/ha/year) Florence Lake Badlands NP Wind Cave NP Sulphur 0.00064 0.0016 0.047 Nitrogen 0.0149 0.0536 0.1124

Cumulative Impacts to Visibility

Figure H-6 shows the potential worst-case visibility impacts in nearby National Parks, National Monuments, Wilderness Areas and an Indian Reservation. Visibility impacts to Devil’s Tower National Monument could be up to 150 days with a 5 percent or greater increase in haziness, and up to 74 days with a 10 percent or greater increase in haziness. The greatest increase could potentially be almost 80 percent hazier than the cleanest visibility.

Figure H-6 depicts the following data:

Badlands Black Elk Mt. Wind Jewel Devil's Northern Cloud Peak NP WA Rushmore Cave NP Cave NP Tower NM Cheyenne Res. WA Number of days > 5% 82 85 80 92 105 150 41 35 Number of days > 10% 33 33 30 34 44 74 24 20 Maximum % 29.1 27.5 26.1 29.7 32.7 77.4 84.7 47.1

References and Personal Contacts

This summary was compiled from the air quality analysis within the DM&E Railroad Corporation Powder River Basin Expansion Project Draft EIS by Susan Caplan of the BLM.

H-8 Final EIS, North Jacobs Ranch Coal Lease Application 160 160 140 120 100 80 60 40 20 0 WA Cloud Peak Peak Cloud Res Northern Cheyenne Devil's Devil's Maximum % Tower NM NM Tower NP Jewel Cave Cave Jewel Area # days > 10% 10% > # days NP Wind Cave Mt. # days > 5% 5% > days # Rushmore WA Black Elk Elk Black NP Badlands 0 80 60 40 20 160 140 120 100

Figure H-6. Worst Case Visibility Impact from DM&E Project. APPENDIX I

COMMENT LETTERS ON THE DRAFT EIS AND RESPONSES