BLM FINAL Environmental Impact Statement for the West Antelope II Coal Lease Application WYW163340 Volume 2 of 2 Appendices Wyoming State Office – Casper Field Office Field Casper – Office State Wyoming December 2008 MISSION STATEMENT It is the mission of the Bureau of Land Management to sustain the health, diversity, and productivity of the public lands for the use and enjoyment of present and future generations. BLM/WY/PL-09/011+1320 Table of Contents VOLUME 2 LIST OF APPENDICES Appendix A. Federal and State Agencies and Permitting Requirements Appendix B. Unsuitability Criteria for the West Antelope II LBA Tract Appendix C. Coal Lease-by-Application Flow Chart Appendix D. BLM Special Coal Lease Stipulations and Form 3400-12 Coal Lease Appendix E. CBNG Wells Capable of Production Appendix F. Supplemental Air Quality Information Appendix G. Non-Mine Groundwater and Surface Water Rights Appendix H. USDA-FS Region 2 Sensitive Species and Management Indicator Species and BLM Sensitive Species Evaluation for the West Antelope II Coal Lease Application EIS Appendix I. Biological Assessment Appendix J. Comment Letters on the Final EIS and Response Final EIS, West Antelope II Coal Lease Application i 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 MLA Mining Plan Approval Document Enforcement SMCRA Oversight Office of the Secretary of the Interior Approval of MLA 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 Permit and License to Mine Quality Division Department of Environmental Quality-Air Air Quality Permit to Operate Quality Division Air Quality Permit to Construct Air Quality Permit to Modify Department of Environmental Quality-Water National Pollutant Discharge Elimination System Water Quality Division Discharge 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 Solid Waste Disposal Permit-Permanent and Waste Management Program Construction 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, West Antelope II Coal Lease Application A-1 APPENDIX B UNSUITABILITY CRITERIA FOR THE WEST ANTELOPE II LBA TRACT Appendix B APPENDIX B. UNSUITABILITY CRITERIA FOR THE WEST ANTELOPE II LBA TRACT UNSUITABILITY CRITERIA GENERAL RECOMMENDATIONS FOR FINDINGS FOR WEST ANTELOPE II LBA BUFFALO RESOURCE AREA (BLM TRACT 1985a, 2001a) 1. Federal Land Systems. All federal There are Federal lands located around None of the federal lands determined to be lands included in the following Gillette, Sheridan, and Wright which were unsuitable under Criterion 1 are present systems are unsuitable for mining: determined to be unsuitable under this on the West Antelope II LBA tract, and National Parks, National Wildlife criterion. TBNG is not a National Forest. therefore there are no unsuitable findings. Refuges, National System of 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. Portions of the BNSF & UP railroad The portions of the Tri-County 230-Kv Federal lands that are within ROWs, the Tri-County 230-Kv transmission line ROW, the Wyoming ROWs or easements or within transmission line ROW, the Wyoming State Highway 450 ROW, and the I-90 surface leases for residential, State Highway 450 ROW, and the I-90 ROW that were determined to be commercial, industrial or other ROW on federal surface were found to be unsuitable are not located on the West public purposes, on federally unsuitable under this criterion within the Antelope II LBA tract. The West Antelope owned surface, are unsuitable for general review area. II LBA tract includes a portion of the mining. BNSF & UP railroad ROW. This ROW was designated unsuitable for mining and the lease will be stipulated to exclude mining within the ROW. 3. Buffer Zones for Rights-Of-Way, Portions of Wyoming State Highway 450, The unsuitable portions of the Wyoming Communities, and Buildings. Interstate Highway I-90, and one State Highway 450 ROW and the I-90 Federal lands within 100 ft of a cemetery were found to be unsuitable ROW, and the cemetery are not located on ROW of a public road or a under this criterion. Decisions were the West Antelope II LBA tract. A portion cemetery; or within 300 ft of any deferred on other highways/roads, of Wyoming State. Highway 59, a public public building, school, church, occupied dwellings, and one school. road, is located on the BLM Study Area community or institutional for the West Antelope II LBA tract. building or public park; or within Therefore, the portion of the West 300 ft of an occupied dwelling are Antelope II LBA tract within the highway unsuitable for mining. ROW and the associated 100-ft buffer zone are designated unsuitable for mining and the lease will be stipulated to exclude mining within these areas unless a permit to move the highway is approved by WYDOT. No occupied dwellings or schools are located on the tract. 4. Wilderness Study Areas. Federal No lands in the general review area are There are no unsuitable findings under lands designated as wilderness within a wilderness study area. Criterion 4 for the West Antelope II LBA study areas are unsuitable for tract. mining while under review for possible wilderness designation. 5. Scenic Areas. Scenic federal No lands in the general review area meet There are no unsuitable findings under lands designated by visual the scenic criteria as outlined. Criterion 5 for the West Antelope II LBA resource management analysis as tract. Class I (outstanding visual quality or high visual sensitivity) but not currently on National Register of Natural Landmarks are unsuitable. 6. Land Used for Scientific Study. Two vegetation monitoring study sites on The vegetation monitoring sites and the Federal lands under permit by the the TBNG (NE¼ of Sec. 1, T.41N., R.71W. Hoe Creek site are not located on the West surface management agency and and NW¼ NW¼ of Sec. 30, T.41N., Antelope II LBA tract. There are no being used for scientific studies R.69W.), and the Hoe Creek Site (Sec. 7, unsuitable findings under Criterion 6 for involving food or fiber production, T.47N., R.72W.) were found to be the West Antelope II LBA tract. natural resources, or technology unsuitable under this criterion. demonstrations and experiments are unsuitable for the duration of the study except where mining would not jeopardize the purpose of the study. Final EIS, West Antelope II Coal Lease Application B-1 Appendix B UNSUITABILITY CRITERIA GENERAL RECOMMENDATIONS FOR FINDINGS FOR WEST ANTELOPE II LBA BUFFALO RESOURCE AREA (BLM TRACT 1985a, 2001a) 7. Cultural Resources. All publicly On the basis of the consultation with There are no unsuitable findings under or privately owned places which SHPO, there are no sites within the Criterion 7 for the West Antelope II LBA are included in or are eligible for general review area that are listed on the tract. The standard “Archeological inclusion in the NRHP and an NRHP. Continue using the standard Stipulation” should be applied if this tract appropriate buffer zone are “Archeological Stipulation” on all new is leased. unsuitable. coal leases. 8. Natural Areas. Federal lands No lands in the general review area are There are no unsuitable findings under designated as natural areas or designated as natural areas or as Criterion 8 for the West Antelope II LBA National Natural Landmarks are National Natural Landmarks. tract. unsuitable. 9. Critical Habitat for Threatened There is no federally designated critical There are no unsuitable findings under or Endangered Plant and Animal habitat for threatened or endangered Criterion 9 for the West Antelope II LBA Species. Federally designated plant or animal species within the tract. critical habitat and habitat general review area. proposed to be designated as critical for listed threatened or endangered plant and animal species, and essential habitat where threatened or endangered species have been scientifically documented are unsuitable. 10. State Listed Threatened or Wyoming does not maintain a state list of There are no unsuitable findings under Endangered Species. Federal threatened or endangered species