[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Notices]
[Pages 49109-49110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23859]


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DEPARTMENT OF AGRICULTURE

Steward Mining Operation, Umpqua National Forest, Douglas County, 
Oregon

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Forest Service, USDA, will prepare an environmental impact 
statement (EIS) for the purpose of approving a Plan of Operations to 
conduct mining operations in the City Creek Watershed. The EIS will 
document the environmental analyses and effects of a range of 
alternatives, including a no-action alternative. The EIS will analyze 
at least three alternatives: (1) The no action alternative; (2) the 
proposed action, as submitted by the operator; and (3) a modification 
to the proposed action, which includes appropriate mitigation measures. 
Under the 1872 mining law, the no-action alternative is not a viable 
alternative. It is required by the Council on Environmental Quality 
regulations and serves as a baseline to measure the environmental 
effects of other alternatives. Additional alternatives and/or revisions 
to the above alternatives will be evaluated in the EIS. This approval 
is in accordance with direction set forth in the Umpqua National Forest 
Land and Resource Management Plan (September 1990), as amended, which 
provides for mining operations within applicable standards, guidelines, 
and management prescriptions. The agency invites written comments on 
the scope of this project. In addition, the agency gives

[[Page 49110]]

notice of this analysis so that interested and affected parties are 
aware of how they may participate and contribute to the final decision.

DATES: Comments concerning the scope of this proposal must be received 
by October 4, 1996.

ADDRESSES: Submit written comments and suggestions concerning the scope 
of the analysis to Ned Davis, District Ranger, North Umpqua Ranger 
District, 18782 North Umpqua Highway, Glide, Oregon 97443.

FOR FURTHER INFORMATION CONTACT: Questions and comments about this EIS 
should be directed to Debbie Anderson, EIS Project Leader, North Umpqua 
Ranger District, 18782 North Umpqua Highway, Glide, Oregon 97443.

SUPPLEMENTARY INFORMATION: The proposed mining operation will construct 
and/or maintain approximately .65 mile of road, .9 mile of cat road, 
2.5 miles of ATV trail, 1.1 miles of foot trail, and proposes to move 
approximately 21,000 cubic yards of ore and/or waste rock material. On 
the unpatented claims (27 in total), discovery cuts and veins would be 
sampled, existing adits would be opened and timbered, a new adit would 
be excavated, and corners and claim lines would be brushed. The 
proposal also includes installing a sluice box in St. Peter Creek, a 
catch basin and a dam in a small tributary, installation of a 4' spring 
box, and maintenance and installation of two gates.
    The 6,458 acre City Creek watershed encompasses both City Creek and 
St. Peter Creek. A tributary to Steamboat Creek, City Creek is located 
17 river-miles north of the confluence of Steamboat Creek and the North 
Umpqua River. Steamboat Creek is located approximately 38 miles East of 
Roseburg, Oregon.
    Scoping for this project began in January of 1996 through the 
environmental assessment process. Public notice and participation has 
occurred through notices in Forest's quarterly Schedule of Proposed 
Actions, field trips, and public comments received during the formal 
30-day comment period under 36 CFR 215. The extensive information 
gathered during the environmental assessment process will be used in 
the preparation of the draft EIS.
    The scoping effort for this project has achieved the following:
    1. Identification of issues.
    2. Identification of key issues.
    3. Elimination of insignificant issues, issues which have been 
covered by a relevant previous environmental process, and issues that 
could be successfully mitigated.
    4. Exploration of additional alternatives based on the key issues 
identified during the scoping process.
    5. Identification of potential environmental effects of the 
proposed action and alternatives (i.e. direct, indirect, and cumulative 
effects and connected actions).
    The following issues have been identified as a result of the 
extensive scoping performed through the environmental assessment 
process: late-successional species; late-successional habitat; 
threatened, endangered and sensitive species; survey and manage 
species; water quality; acquatic habitat; archaeological sites from 
road maintenance; and introduction and dispersal of noxious weeds and 
aggressive non-native species.
    The 1990 Umpqua National Forest Land and Resource Management Plan, 
as amended, allocates Steamboat Creek and all of its tributaries, 
including City and St. Peter Creeks, as a Late-Successional Reserve and 
Tier 1 Key Watershed. The Forest Plan's overall objective for Late 
Successional Reserves is to protect and enhance conditions of late-
successional and old-growth forest ecosystems, which serve as habitat 
for late-successional and old-growth related species including the 
northern spotted owl. In addition, tier 1 Key Watersheds contribute 
directly to conservation of at-risk anadromous salmonids, bull trout, 
and resident fish species. They also have a high potential of being 
restored as part of a watershed restoration program. The city and St. 
Peter Creek watersheds are also a part of Management Area 13, as 
allocated by the 1990 Umpqua National Forest Land and Resource 
Management Plan, which provides for additional emphasis for the orderly 
exploration, development, extraction, and production of mineral 
resources on lands within the Fairview-Bohemia mineralized area.
    The draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and to be available for public review in 
October of 1996. At that time, copies of the draft EIS will be 
distributed to interest and affected agencies, organizations, and 
members of the public for their review and comment. EPA will publish a 
Notice of Availability of the draft EIS in the Federal Register.
    The comment period on the draft EIS will be 45 days from the date 
the EPA notice appears in the Federal Register. It is very important 
that those interested in the management of the Umpqua National Forest 
participate at that time.
    The Forest Service believes it is important to give reviewers 
notice at this early stage of several court rulings related to public 
participation in the environmental review process. First, reviews of 
the draft EIS's must structure their participation in the environmental 
review of the proposal so that it is meaningful and alerts the 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 EIS stage but that are not raised 
until after completion of the final EIS 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 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 EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIS should 
be as specific as possible. It is also helpful if comments refer to 
specific pages or chapters of the draft EIS. Comments may also address 
the adequacy of the draft EIS or the merits of the alternatives 
formulated and discussed in the statement.
    The final EIS is scheduled to be completed by January, 1997. In the 
final EIS, the Forest Service is required to respond to comments and 
responses received during the comment period that pertain to the 
environmental consequences discussed in the draft EIS, as well as 
applicable laws, regulations, and policies considered in making the 
decision regarding this proposal. The lead agency is the Forest 
Service. Don Ostby, Forest Supervisor, Umpqua National Forest, P.O. Box 
1008, Roseburg, Oregon, 97470, is the responsible official. As the 
responsible official, he will document the decision and reasons for the 
decision in the Record of Decision. That decision will be subject to 
Forest Service appeal regulations (36 CFR Part 215 and 36 CFR Part 
251).

    Dated: September 10, 1996.
Don Ostby,
Forest Supervisor.
[FR Doc. 96-23859 Filed 9-17-96; 8:45 am]
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