The purpose of the Heavener coal leasing analysis is to respond to a federal coal Lease by Application (LBA) submitted to the BLM from the Emera Corporation on behalf of Ouro Mining Inc. The application seeks approval to access and recover federal metallurgical coal resources from approximately 3,077 acres that underly lands on the Ouachita National Forest (ONF) in the vicinity of Bates, Arkansas (see maps on the project website). No surface mining is proposed on NFS lands. The FS will assess whether to consent leasing on 3,077 acres of federal coal below the ONF as described in the Emera application. As part of assessing consent, the FS will develop lease stipulations to provide to the BLM that protect surface resources. The BLM would include these stipulations in the coal lease. Inter-related actions related to the lease include: (1) Construction, operation, and maintenance of a 161kV powerline on 3.0 miles of NFS lands and the construction of approximately 2.0 miles of new powerline access roads, (2) Issuance of a special use permit for a period of 30 years that authorizes a 100-foot ROW for the 161kV powerline. Issuance of the permit would be contingent on the coal lease being sold, and the mining plan approved and permitted, and, (3) If needed, a forest plan amendment that may add management direction for the leasing of metallurgical coal on 3,077 acres. The consent and powerline FS decisions will be subject to subparts A and B of 36 CFR Part 218 Project-Level Predecisional Administrative Review Process (objection process). If a forest plan amendment is needed, the decision will be subject to the plan-level administrative review procedures established in 36 CFR 219. Those wishing to object must meet the requirements at 36 CFR 219, Subpart B (per 36 CFR 219.54). The publication of the NOI in the Federal Register initiates the 30-day public comment period and the designated opportunity for public comment in response to this solicitation is December 27 through January 25, 2023. Providing specific written comments during this time will afford you standing to later file an objection to the project, should you desire. Pursuant to §218.2, specific written comments should be within the scope of the proposed action, have a direct relationship to the proposed action, and must include supporting reasons for the responsible official to consider. Pursuant to §219.53(a), in order to object to the plan amendment (if needed), you must have previously submitted substantive formal comments related to the plan amendment during the public comment periods. Objections must be based on previously submitted substantive formal comments attributed to the objector unless the objection concerns an issue that arose after the opportunities for formal comment. Comments received in response to this solicitation, including names and addresses of those who comment, will become a part of the public record for this proposed action. Comments submitted anonymously will be accepted and considered; however, anonymous comments will not provide the Agency with the ability to provide the respondent with subsequent environmental documents. Additional supplementary information is available on the project website:www.fs.usda.gov/project/?project=64897.
Paula Cote
