Final Environmental Impact Statement (EIS) for Spring Creek Mine 5th Amendment (AM5)
The Montana Department of Environmental Quality (DEQ) has issued a Final Environmental Impact Statement (EIS) to analyze and disclose the potential environmental impacts at the Spring Creek Mine (SCM) of the proposed fifth amendment (AM5) to their surface mine permit (C1979012) for an existing surface coal mine near Decker, Montana (MT). The proposed AM5 Project would add 4,334 acres to the existing permit area. The proposed mine disturbance would include the existing infrastructure at SCM, with the addition of disturbance for a haul road extending to the Wyoming border. The SCM is operated by the Navajo Transitional Energy Company, LLC (NTEC).
SCM applied to DEQ for an amendment on December 30, 2015, under the Montana Strip and Underground Mine Reclamation Act (MSUMRA) (82-4-201, et seq., Montana Code Annotated (MCA)) and the implementing rules (Administrative Rules of Montana (ARM) 17.24.301-1309). An electronic copy of the application may be viewed by visiting DEQ’s website: (http://svc.mt.gov/deq/myCOALPublic/124/ePermitAdmin/ApplicationForm)
The Montana Environmental Policy Act (MEPA), Section 75-1-201, et seq., MCA, requires that an EIS be prepared for state actions that may significantly affect the quality of the human environment. The EIS must include a detailed statement of the environmental impact of the proposed action, alternatives to the proposed action, and a no action alternative. DEQ analyzed a No Action Alternative, a Proposed Action based on SCM’s applications submitted to DEQ, and an additional alternative—the Agency Modified Alternative.
DEQ issued the Draft EIS on July 2, 2018. DEQ held a public meeting on July 17, 2018, at the Big Horn County Extension Office in Hardin, Montana. The comment period was originally set to end on August 1, 2018, but was extended to August 16 after a request for an extension was received. Written comments were received from six entities during the comment period. The full text of all comments received is provided in Chapter 9 of the Final EIS. DEQ has reviewed the comments received and responded to all substantive comments in Chapter 9 of this Final EIS. The Final EIS addresses issues and concerns raised at the public meeting and during the public comment period. All new information and analysis supplied during the comment period and developed in response to comments received were used to prepare the Final EIS.
DEQ identified the Agency Modified Alternative as the agency’s preferred alternative. The Agency Modified Alternative incorporates the Proposed Action alternative as well as the developed permit stipulations. During the required consultation process in MEPA, SCM has voluntarily committed to implement many of the mitigations identified in the Agency Modified Alternative reflected in Table 2.4-1 of the Final EIS. These measures are now part of the Preferred Alternative to minimize project impacts to the environment.
The Final EIS has been posted on DEQ’s website: Final EIS. The Final EIS is not a decision document but rather a MEPA document intended to provide public notice. DEQ will decide whether to approve AM5 in accordance with the requirements of MSUMRA (82-4-201, et seq., MCA) and its implementing rules (ARM 17.24.301-1309). DEQ may not withhold, deny, or impose conditions on the AM5 Project based on the information contained in the Final EIS per 75-1-201(4), MCA.
DEQ will set forth its final decision and rationale in its Record of Decision (ROD) and Written Findings. The ROD and Written Findings include a public notice that identifies the decision, DEQ’s reasons for the decision, and any special conditions surrounding the decision or its implementation. Pursuant to ARM 17.4.620, DEQ may issue its ROD and Written Findings no less than 15 days after the Final EIS is transmitted to the public, the Environmental Quality Council, and the office of the Governor.
If you have any questions, please contact MEPA coordinator, Craig Jones at (406) 444-0514 or email crajones@mt.gov.
Tags: MEPA, Public Notice and Coal