[Federal Register Volume 59, Number 62 (Thursday, March 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7589]
[[Page Unknown]]
[Federal Register: March 31, 1994]
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DEPARTMENT OF AGRICULTURE
Forest Service
Santa Fe National Forest, Sandoval County, NM; El Cajete Pumice
Mining
AGENCY: Forest Service, USDA.
ACTION: Notice of Intent to prepare an Environmental Impact Statement.
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SUMMARY: The Santa Fe National Forest will prepare an Environmental
Impact Statement (EIS) on a proposal to mine pumice on National Forest
System land.
DATES: Comments in response to this NOI concerning the proposal or
scope of the analysis should be received within 2 weeks of publication
of this NOI in the Federal Register. Comments on the Draft EIS, planned
for release in the summer of 1994, will be received during a 45-day
comment period, prior to making a decision on the proposal.
ADDRESSES: Send written comments to John Peterson, Jemez District
Ranger, POB 98, Jemex Springs, NM 87025.
FOR FURTHER INFORMATION CONTACT:
Bob Crostic, Project Coordinator, Jemez Ranger District, POB 98, Jemez
Springs, NM 87025.
RESPONSIBLE OFFICIAL: Alan S. Defler, Forest Supervisor, Santa Fe
National Forest.
SUPPLEMENTARY INFORMATION: Copar Pumice Company of Espanola, New
Mexico, has submitted a proposed Plan of Operations under 36 CFR part
228(A) to surface mine one million tons of pumice on mining claims over
a 10 year period beginning in the fall of 1994. The proposed 135 acre
El Cajete Pumice Mine will be located within the Jemez National
Recreation Area of the Santa Fe National Forest in T.18 N., R.3 E.,
Section 1 and T.18 N., R.4 E., Section 3, N.M.P.M.
The proposed mine would involve the removal and sale of forest
trees and vegetation, stripping and stockpiling of topsoil and
overburden, removing pumice and then reclaiming the land. A screening
plant would be used to sort out the common variety pumice for use in
reclamation of the mined area. Large each moving equipment would be
used to mine and reclaim the site. Semi-trucks would haul the pumice on
State Road 4 to Copar's mills in San Ysidro, Cuyamungue and Espanola,
New Mexico. As mining progresses, wasted overburden and common variety
pumice would be used to backfill and recontour the mined area. Topsoil
would be replaced over the reclaimed area and grass and conifer
seedlings would be planted to restore, to the extent practicable, the
site's pre-mining conditions.
Copar's proposed Plan of Operation will be considered along with
other mining alternatives with various stipulations, and a ``no
action'' alternative. All alternatives will be in compliance with the
Forest Plan, Jemez National Recreation Area legislation and all
applicable environmental laws and policies.
Public participation will be fully incorporated into preparation of
the EIS. Preliminary scoping for the proposal began in April 1992 when
the landowners in the Vallecitos de los Indios and Sierra Los Pinos
subdivisions petitioned the Chief of the Forest Service to withdraw the
landowners watershed area from mining. A petition with 172 signatures
of landowners was presented. A meeting was also held with landowner
representatives October 20, 1992. On October 30, 1992 nearly 300
residents, individuals, groups and government agencies were contacted
by letter requesting their concerns and notifying them of a scheduled
field trip. About 36 people provided written responses and 34 people
attended a November 7, 1993 field trip.
Thus far, scoping for public concerns has resulted in the following
preliminary issues: What will be the effects of the proposed mining
operation on: Mineral rights?; Dust production related to air quality?;
Noise?' Surface water and ground water?; Wetlands, Canada Bonito Spring
and Intermittent streams?; Public safety?; Excessive wear and tear of
Highway 4 and impacts to other highway users?; Residential property
values?; Deforestation and soil erosion?; Heritage resources such as
Native American traditional uses?; Recreation opportunities and
experiences, and Jemez National Recreation Area values?; Visual quality
such as scenery viewed from Trail 137 and Highway 4?; Wildlife and
plant habitat including threatened and endangered species?; Root rot
experiment area and the long-term research?; The economy?
The 45-day comment period on the Draft EIS will begin when the
Notice of Availability appears in the Federal Register. A Record of
Decision will be prepared and filed with the Final EIS.
The Forest Service believes, at this early stage, it is important
to give reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
draft environmental impact statements must structure their
participation in the environmental review of the proposal so that it is
meaningful and alerts an agency to the reviewer's position and
contentions (Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,
553, 1978). Also, environmental objections that could be raised at the
Draft EIS stage may be waived if not raised until after completion of
the Final EIS (City of Angoon v. Hodel, 803 F.2d 1016, 1022, 9th Cir.
1988 and Wisconsin Heritages, Inc. v. Harris,, 490 F. Supp. 1334, 1338,
E.D. Wis. 1980). The reason for this is to ensure that substantive
comments and objections are made available to the Forest Service at a
time when it can meaningfully consider them and respond to them in the
Final EIS.
Dated: March 1, 1994.
Alan S. Defler,
Forest Supervisor, Santa Fe National Forest.
[FR Doc. 94-7589 Filed 3-30-94; 8:45 am]
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