[Federal Register Volume 59, Number 69 (Monday, April 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8573]


[[Page Unknown]]

[Federal Register: April 11, 1994]


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DEPARTMENT OF AGRICULTURE

Forest Service

 

Gilt Edge Anchor Hill Project, Black Hills National Forest, SD

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare environmental impact statement.

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SUMMARY: Notice is hereby given that the Forest Service, United States 
Department of Agriculture, will prepare an environmental impact 
statement (EIS) in response to a Plan of Operations submitted by Brohm 
Mining Corporation for a portion of an open-pit gold mine, four miles 
southeast of Deadwood, South Dakota. The proposed project calls for 
development of the Anchor Hill area as an expansion of Brohm's existing 
Gilt Edge Mine. Brohm proposes to expand their existing mining 
operations onto unpatented mining claims on National Forest System 
(NFS) lands, Black Hills National Forest. They propose to develop a 
portion of an open pit and waste rock dump, private land access road 
relocation and topsoil stockpiles on NFS land.

DATES: Comments concerning the scope of the analysis should be received 
in writing by May 6, 1994.

ADDRESSES: Send written comments to J. Thomas Millard, District Ranger, 
Spearfish/Nemo Ranger District, 2014 North Main, Spearfish, South 
Dakota 57783.

FOR FURTHER INFORMATION CONTACT:
Craig Lundorff, District Minerals Staff, (605) 642-4622, or Don Murray, 
Forest Minerals Program Officer at (605) 578-2744.

SUPPLEMENTARY INFORMATION: Brohm Mining Corporation submitted a Plan of 
Operations in March of 1989 for a much more extensive use of National 
Forest System (NFS) land. That plan was withdrawn and a new plan was 
submitted in January of 1994.
    The recently proposed project is an open-pit mine development which 
would include 37 acres of NFS land. Layback of an open pit highwall 
would encroach onto NFS land, disturbing approximately 12.3 acres. A 
portion of the waste rock dump and associated haul road would be placed 
on NFS lands, covering approximately 10.7 acres. Other disturbances on 
NFS lands would include the relocation of an access trail road 
affecting 0.7 acres of NFS land, a waste rock area affecting 6.5 acres 
of NFS land, and topsoil stockpiles possibly covering 6.8 acres of NFS 
land. The total anticipated disturbance on NFS lands is approximately 
37 acres.
    The Gilt Edge Anchor Hill project lies entirely within portions of 
Sections 5, 6, 7 and 8, Township 4 North and Range 4 East, Black Hills 
Meridian, Lawrence County, South Dakota.
    Issues: The development of open pit mining in the Black Hills is 
currently a controversial issue in the State of South Dakota. 
Preliminary issues include impacts to surface and ground water, 
reclamation of the site, effects on wildlife, effects on other land 
owners, and the social and economic impacts on local communities. It 
was deemed that this project is a major federal action that could 
significantly affect the quality of the human environment, and that an 
environmental impact statement would be prepared.
    Public Participation and Scoping: The Forest Service will be 
seeking information, comments, and assistance from Federal, State, 
local agencies and other individuals or organizations who may be 
interested in or affected by the proposed project. This input will be 
used in the preparation of the Draft EIS.
    The scoping process includes:

--Identifying potential issues.
--Identifying major issues to be analyzed in depth.
--Identifying potential environmental effects of this project including 
direct, indirect, and cumulative effects and connected actions.

    Contacts will be through the new media, by letter or personal 
contact.
    Two informational pubic open houses are scheduled. The first will 
be April 11, 1994, in Deadwood, South Dakota and the second on April 
12, 1994, in Spearfish, South Dakota.
    Roberta A. Moltzen, Forest Supervisor, Black Hills National Forest, 
Custer, South Dakota, is the responsible official. The Forest Service 
is the lead agency; cooperating agencies may be identified during 
scoping. The Forest Service is responsible for approving a Plan of 
Operations. The Environmental Protection Agency is responsible for 
issuing a modified NPDES permit. The State of South Dakota issues 
mining permits.
    The analysis is expected to take about one year. The Draft 
Environmental Impact Statement is scheduled to be completed and 
available for review in February 1995. The Final Environmental Impact 
Statement is scheduled to be completed October 1995.
    The comment period on the Draft Environmental Impact Statement will 
be a minimum of 45 days from the date the Environmental Protection 
Agency's notice of availability appears in the Federal Register.
    The Forest Service believes, at this early state, 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. 510, 
553, (1978). Also, environmental objections that could be raised at the 
draft environmental impact statement stage but are not raised until 
after completion of the final environmental impact statement may be 
waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, 
it is very important that those interested in this proposed action 
participate by the close of the 45-day comment period so 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 environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft 
environmental impact statement should be as specific as possible. It is 
also helpful if comments refer to specific pages or chapters of the 
draft statement. Comments may also address the adequacy of the draft 
environmental impact statement or the merits of the alternatives 
formulated and discussed in the statement. Reviewers may wish to refer 
to the Council on Environmental Quality Regulations for implementing 
the procedural provisions of the National Environmental Policy Act at 
40 CFR 1503.3 in addressing these points. Please note that comments on 
the draft environmental impact statement will be regarded as public 
information.

    Dated: March 28, 1994.
Roberta A. Moltzen,
Forest Supervisor.
[FR Doc. 94-8573 Filed 4-8-94; 8:45 am]
BILLING CODE 3410-11-M