The U.S. Office of Surface Mining Reclamation and Enforcement (OSMRE) has issued the Navajo Mine Permit (NM-0003F) to Navajo Transitional Energy Company, LLC (NTEC).
Permit Transfer Documents
Online availability of Permit Transfer Application for Navajo Mine, Navajo Reservation, New Mexico
- On April 29, 2013, the Navajo Nation Council passed legislation to form Navajo Transitional Energy Company (NTEC), a Navajo Nation owned Limited Liability Company (LLC) organized under the Navajo Nation's Limited Liability Company Act. The Navajo Nation informed OSMRE that they are seeking to purchase all interests in BHP Navajo Coal Company (BNCC) from BHP Billiton New Mexico Coal, Inc. BNCC is the permittee of the Navajo Mine.
- On May 3, 2013, OSMRE received an application from BNCC to transfer Permit NM-0003F to NTEC. NTEC (the new permittee), through its contract miner [BHP Billiton Mine Management Company (MMCo), a newly formed company of BHP Billiton New Mexico Coal, Inc.], intends to continue engaging in surface mining and reclamation activities at the Navajo Mine in accordance with the existing Surface Mining Control and Reclamation Act (SMCRA) Permit No. NM-0003F. On May 10, 2013, BNCC provided information updating the permit transfer application.
- The May 3, 2013, submittal, as updated by the subsequent May 10, 2013, submittal, includes the following Attachments:
- Attachment A - Notification of Name Change
- Attachment B - Application for Permit Transfer Approval in Conjunction with Entity Conversion
- Attachment C - Updated Ownership and Control Information
- Attachment D - Application for Permit Transfer Approval in Conjunction with Merger
- On August 30, 2013 BNCC submitted a revised Permit Transfer Application to OSMRE. On September 3, 2013, BNCC further updated the August 30th submittal. Below is the August 30, 2013, revised Permit Transfer Application as updated by September 3, 2013 revision.
- On October 17, 2013, BNCC further updated its permit Transfer application.
- On November 21, 2013, BNCC provided material in response to conditions in OSMRE's November 1, 2013 Conditional Approval.
- On January 16, 2014, MMCo, Provided material in response to conditions in OSMRE's November 1, 2013 Conditional Approval.
January 16, 2014 Permit Transfer Application Revisions
Title Size Type MMCo Update Violation History (568 KB)
November 21, 2013 Permit Transfer Application Revisions
Title Size Type BNCC Update Statement of Verification (314 KB)
October 17, 2013 Permit Transfer Application revisions
August 30, 2013 Permit Transfer Application as updated by September 3, 2013 revisions
May 10, 2013 updated Permit Transfer Application
Permit Transfer and Draft Environmental Assessment Public Notice
Title Size Type Permit Transfer and Environmental Assessment Public Notice (235 KB) Permit Transfer and Environmental Assessment Radio Announcement in Navajo Language (1.66 MB) WMA (Audio File)
OSMRE Administrative Completeness Letter and Attached Review Reports
Title Size Type OSMRE Administrative Completeness Letter (1.06 MB) OSMRE Administrative Completeness Review Report - Ownership and Control (392 KB) OSMRE Administrative Completeness Review Report - Legal and Financial (382 KB)
OSMRE Conditional Approval Letters
Title Size Type OSMRE Permit Issuance Letter to NTEC (645 KB) OSMRE Final Technical Evaluation Report on Approval Conditions (694 KB) OSMRE Conditional Approval Letter to NTEC (2.98 MB) OSMRE Conditional Approval Letter to BNCC (2.13 MB)
Environmental Assessment and finding No Significant Impact (FONSI) for Navajo Mine Permit Transfer Application, Navajo Reservation, New Mexico
- OSMRE announces the availability of a Environmental Assessment (EA) and finding No Significant Impact (FONSI). This EA analyzes the potential environmental effects that may result from the transferring of Navajo Mine Permit NM-0003F from Navajo Mine Coal Co (NMCC) Inc. (formerly BNCC) to Navajo Transitional Energy Company LLC (NTEC).
- OSMRE provided the Draft EA and Navajo Mine Permit Transfer Application for public review and comment for 30 days, beginning May 18, 2013, and ending June 17, 2013. During that period OSMRE accepted all public comments on the Draft EA and Navajo Mine Permit Transfer Application regarding potential environmental effects that may result from the permit transfer. OSMRE extended the deadline for receiving public comments on the Draft EA and Navajo Mine Permit Transfer Application from June 17, 2013 to September 27, 2013. All comments received have been reviewed and considered by OSMRE.
Title Size Type Finding of No Significant Impact (FONSI) (540 KB) Environmental Assessment (1.81 MB) Responses to Public Comment Report (192 KB) Responses to Public Comment Report with Errata (577 KB)