[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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