U.S. Department of the Interior Oce of Surface Mining Reclamation and Enforcement North Cumberland Wildlife Management Area Tennessee Lands Unsuitable for Mining Final Petition Evaluation Document / Environmental Impact Statement OSM-EIS-37 Volume I October 2016 This page left intentionally blank. NORTH CUMBERLAND WILDLIFE MANAGEMENT AREA, TENNESSEE LANDS UNSUITABLE FOR MINING PETITION EVALUATION DOCUMENT / ENVIRONMENTAL IMPACT STATEMENT, OSM-EIS-37 Earl D. Bandy Jr., Director-Knoxville Field Office Office of Surface Mining Reclamation and Enforcement John J. Duncan Federal Building; 710 Locust Street, 2nd Floor Knoxville, Tennessee 37902 phone: 865-545-4103; email: [email protected] Abstract On September 30, 2010, pursuant to the Surface Mining Control and Reclamation Act (SMCRA), 30 USC § 1272(c), the State of Tennessee filed a petition with the Office of Surface Mining, Reclamation and Enforcement (OSMRE) to designate certain lands in the State as unsuitable for surface coal mining operations. These lands include the area within 600 feet of certain ridgelines (a 1,200 foot corridor) lying within the North Cumberland Wildlife Management Area (NCWMA)—comprised of the Royal Blue Wildlife Management Area, the Sundquist Wildlife Management Area, and the New River Wildlife Management Area (also known as the Brimstone Tract Conservation Easement)—and the Emory River Tracts Conservation Easement (ERTCE), encompassing approximately 67,326 acres and 505 miles of ridgelines. In accordance with its responsibility in administering the federal program in Tennessee, the OSMRE must process and make decisions on all petitions submitted to designate areas in the State as unsuitable for surface coal mining operations. The petition includes two primary allegations with numerous allegations of fact and supporting statements. In primary allegation (1), the petitioner contends that the petition area should be designated unsuitable for surface coal mining operations because surface coal mining in the area would be incompatible with existing state or local land use plans or programs. In primary allegation (2), the petitioner contends that the OSMRE should designate the petition area as unsuitable for surface coal mining operations because such operations would affect fragile or historic lands, resulting in significant damage to important historic, cultural, scientific, and aesthetic values and natural systems. The petition evaluation document / environmental impact statement (PED/EIS) was prepared by OSMRE’s Knoxville Field Office as required by section 522(d) of the SMCRA and in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA). The document is divided into seven chapters. “Chapter 1: Purpose and Need” describes why the OSMRE is taking action at this time with respect to the petition from the State of Tennessee to designate certain lands in the State as unsuitable for surface coal mining operations. “Chapter 2: Petition Evaluation” evaluates the petition with respect to the unsuitability criteria specified in section 522 of SMCRA and the requirements for evaluating the petitioner’s allegations. “Chapter 3: Alternatives” presents six alternatives—five action alternatives for designating certain lands unsuitable for surface coal mining and the no- action alternative, in which the OSMRE would deny the petition. “Chapter 4: Affected Environment” provides a baseline characterization of the human environment as defined by NEPA. As required by SMCRA, section 522(d), “Chapter 5: Evaluation of Coal Resources” analyzes the potential coal resources of the petition area, the demand for coal from the petition area, and the impact on the economy and coal supply resulting from implementing any of the six alternatives including designating the petition area unsuitable for surface coal mining operations. “Chapter 6: Environmental Consequences” analyzes the effects of the six alternatives on the resources described in “Chapter 4: Affected Environment.” Finally, “Chapter 7: Coordination and Consultation” describes agency coordination and consultation associated with specific laws and the public involvement process. The Secretary of the Interior is required to make a decision to grant, grant in part, or deny the petition. The PED/EIS currently considers in detail the following alternatives for action by the Secretary: alternative 1—deny the petition and do not designate any of the petition area as unsuitable for surface coal mining operations (no action); alternative 2—grant the petition and designate the entire petition area as unsuitable for all surface coal mining operations; alternative 3—grant the state petition and designate the area as unsuitable for all surface mining that is not remining; alternative 4—grant the petition and designate an expanded corridor as unsuitable for all surface mining that is not remining; alternative 5—designate certain lands as unsuitable for all surface coal mining operations based on the presence of sensitive resources; and alternative 6—grant the petition and designate a reduced corridor as unsuitable for all surface coal mining operations. The PED/EIS evaluates the direct, indirect, and cumulative impacts of the State’s petition and its alternatives. OSMRE has identified alternative 4 as its preferred alternative. A public file containing the petition, public comments, and related information is maintained for public review by the OSMRE at its Knoxville, Tennessee Field Office. The address and phone number are provided at the top of this cover sheet. This page left intentionally blank. NORTH CUMBERLAND WILDLIFE MANAGEMENT AREA, TENNESSEE LANDS UNSUITABLE FOR MINING Petition Evaluation Document / Environmental Impact Statement Office of Surface Mining, Reclamation and Enforcement October 2016 This page left intentionally blank. SUMMARY The Office of Surface Mining Reclamation and Enforcement (OSMRE) has prepared this petition evaluation document / environmental impact statement (PED/EIS) as required by section 522(d) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) (30 USC § 1272(d)) and in accordance with section 102(2)(C) of the National Environmental Policy Act of l 969 (NEPA) (42 USC § 4332(2)(C)). This PED/EIS presents OSMRE’s evaluation of the North Cumberland Wildlife Management Area (NCWMA) and Emory River Tracts Conservation Easement (ERTCE) as it pertains to the Petition for Lands Unsuitable for Coal Mining filed by the State of Tennessee on September 30, 2010. It includes an assessment of the potential coal resources of the petition area, including the supply and demand for the coal resources; the potential impacts of the petition designation to the environment and the economy; and alternatives to the petition. Based on this PED/EIS, the OSMRE may decide to designate the petition area if it finds the assertions made by the petitioners to be valid. However, the OSMRE has the discretion to deny the petition in whole or in part or to designate an alternative area to the petition. Even if OSMRE finds the petitioners assertions to be valid, it may also choose to protect impacted resources in other ways such as requiring actions to ensure impacts are reduced. This PED/EIS consists of three volumes as follows. Volume I contains chapters 1 through 5, whereas volume II contains chapters 6, 7, references, glossary, and index. Each of these chapters is summarized in the following pages. Volume III contains appendices to volumes I and II. CHAPTER 1: PURPOSE AND NEED BACKGROUND “Chapter 1: Purpose and Need” in this PED/EIS describes why the OSMRE is taking action at this time with respect to the petition from the State of Tennessee to designate certain lands in the state as unsuitable for surface coal mining operations. On September 30, 2010, the State of Tennessee filed a petition with the OSMRE to designate certain lands in the State as unsuitable for surface coal mining operations. These lands include the area within 600 feet of all ridge lines lying within the NCWMA, comprised of the Royal Blue Wildlife Management Area, the Sundquist Wildlife Management Area, and the New River Wildlife Management Area (also known as the Brimstone Tract Conservation Easement), and the ERTCE, encompassing approximately 67,326 acres. PURPOSE AND NEED The purpose of the agency action is to process the petition in accordance with SMCRA and other applicable federal laws. The proposed action is necessary because it is the responsibility of OSMRE to evaluate the merits of the petitioner’s allegations and determine whether the petition area is entirely or partially eligible for designation as unsuitable for surface coal mining operations based on the criteria in section 522(a)(3) of SMCRA. This action is also needed to accommodate the mission of OSMRE as the regulatory authority for surface coal mining operations in Tennessee. Petition Evaluation Document / Environmental Impact Statement i SCOPE OF THE EVALUATION The scope of the analysis for this PED/EIS focuses on the State’s petition, reasonable alternatives to the petition, and the no-action alternative. The ultimate decision will not result in the approval of any specific surface coal mining operation. Approval or denial of a specific surface coal mining operation can be issued only after an applicant has submitted to the OSMRE a permit application with site-specific data that meet all the requirements of SMCRA and the implementing regulatory program. As a part of reviewing any such application for compliance with SMCRA regulations, the