[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Notices]
[Pages 53579-53580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25484]
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DEPARTMENT OF AGRICULTURE
Pine Creek Evaporation Pond
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an Environmental Impact Statement.
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SUMMARY: The Department of Agriculture, Forest Service, will prepare an
environmental impact statement for a proposal to construct a 115 acre
foot evaporation pond on a Federal mill site claim in Pine Creek, Inyo
County, California. The agency invites written comments and suggestions
on the scope of the analysis. In addition, the agency gives notice of
the full environmental analysis and decision-making process that will
occur on the proposal so that interested and affected people are aware
of how they may participate and contribute to the final decision.
DATES: Comments concerning the scope of the analysis must be received
by November 1, 1995.
ADDRESSES: Submit written comments and suggestions concerning the scope
of the analysis to Dennis W. Martin, Forest Supervisor, Inyo National
Forest, 873 N. Main Street, Bishop, California 93514.
[[Page 53580]]
FOR FURTHER INFORMATION CONTACT:
Direct questions about the proposed action and environmental impact
statement to Vernon McLean, Forest Geologist, Inyo National Forest, 873
N. Main Street, Bishop, California 93514, phone 619-873-2424.
SUPPLEMENTARY INFORMATION: U.S. Tungsten Corporation has submitted a
plan of operations, as directed by 36 CFR 228, to construct an
evaporation pond on a Federal mill site. The evaporation pond will
facilitate meeting water quality requirements while increasing
production from the U.S. Tungsten facility.
In preparing the environmental impact statement, the Forest Service
will identify and consider a range of alternatives for this site. One
of these will be no construction of the pond.
Dennis W. Martin, Forest Supervisor, Inyo National Forest, Bishop,
California, is the responsible official.
The Forest Service is seeking information, comments, and assistance
from Federal, State, and local agencies and other individuals or
organizations who may be interested in or affected by the proposed
action. This input will be used in preparation of the draft
environmental impact statement (DEIS). The scoping process includes:
(1) Identifying potential issues; (2) Identifying issues to be analyzed
in depth; (3) Eliminating insignificant issues or those which have been
covered by a relevant previous environmental analysis; (4) Exploring
additional alternatives; (5) Identifying potential environmental
effects of the proposed action and alternatives (i.e, direct, indirect,
and cumulative effects and connected actions); (6) Determining
potential cooperating agencies and task assignments.
The draft environmental impact statement (DEIS) is expected to be
filed with the Environmental Protection Agency (EPA) and to be
available for public review by October 31, 1995. At that time EPA will
publish a notice of availability of the DEIS in the Federal Register.
The comment period on the draft environmental impact statement will
be 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 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 reviewers 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 environmental impact statement stage but that 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.
After the comment period ends on the DEIS, the comments will be
analyzed and considered by the Forest Service in preparing the final
environmental impact statement (FEIS). The FEIS is scheduled to be
completed by September 1996. The Forest Service is required to respond
in the FEIS to the comments received (40 CFR 1503.4). The responsible
official will consider the comments, responses, disclosure of
environmental consequences, and applicable laws, regulations, and
policies in making a decision regarding this proposal. The responsible
official will document the decision and rationale in the Record of
Decision. That decision will be subject to appeal under 36 CFR 215.
Dated: October 6, 1995.
Dennis W. Martin,
Forest Supervisor.
[FR Doc. 95-25484 Filed 10-13-95; 8:45 am]
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