[Federal Register Volume 62, Number 158 (Friday, August 15, 1997)]
[Notices]
[Pages 43692-43693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20897]


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DEPARTMENT OF AGRICULTURE

Forest Service


Supplement to the Draft Environmental Impact Statement for 
ASARCO's Rock Creek Project, Copper/Silver Mine, Kootenai National 
Forest, Sanders County, MT

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a supplement to the draft 
environmental impact statement.

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SUMMARY: The USDA Forest Service, Kootenai National Forest (KNF) in 
conjunction with Montana Department of Environmental Quality (DEQ) will 
prepare a Supplement to the Draft Environmental Impact Statement 
(SDEIS) for ASARCO's proposal to develop the Rock Creek copper/silver 
mine project approximately 5 miles northeast of Noxon, Montana.
    The original notice of intent was published in the Federal 
Register, Volume 53, No. 9, January 14, 1988. A number of items 
including lead agency, mine water disposal, release date of the SDEIS 
have changed since 1988. This revised notice describes the current 
situation.
    The KNF and DEQ are joint lead agencies in this effort. Joint lead 
status will allow both agencies to fulfill their interrelated 
responsibilities in managing the process for preparation of the draft, 
supplement and final EIS documents under the guidelines of the National 
Environmental Policy Act and the Montana Environmental Policy Act, 
respectively. The DEQ administers the 1971 Montana Metal Mine 
Reclamation Act. The purposes of the act are, first, to recognize and 
protect the usefulness, productivity, and scenic values of the lands 
and waters within the state and second, to reclaim to beneficial use 
the lands used for metal mines. The Forest Service has the 
responsibility for managing the uses of the Federal surface land and 
resources.
    This SDEIS is being prepared because there is new information 
relevant to environmental concerns abut the proposed action (40 CFR 
part 1502.9(c)(1) (i & ii). The revised notice of intent to prepare the 
draft environmental impact statement (DEIS) was published in the May 
27, 1993, Federal Register (Vol. 58, No. 101). The notice of 
availability for the ASARCO Rock Creek Copper and Silver Mining Project 
DEIS was published in the October 6, 1995, Federal Register (Vol. 60, 
No. 194).
    The public comment received on the DEIS has lead the Agencies to 
take a look at revising some proposed portions of the operation. A new 
alternative (Alt. V) has been developed which includes the surface 
deposition of tailings as a paste, and a water treatment system using a 
semi-passive bioreactor and a reverse osmosis process. The concentrate 
from the mill would be pumped to an enclosed rail loadout facility. 
There are also changes in mitigations for the project which

[[Page 43693]]

include change in: the type of diesel engines used, the type of pipe 
used to transport materials and the depth buried, the use of seepage 
collection features, the design intensity for storm diversions and 
ponds, the busing of employees, the closing of roads and additional 
monitoring.
    The public will be informed of the availability of the SDEIS by a 
notice of availability in the Federal Register, news releases and 
mailings of those on the mailing list. The anticipated date of release 
of the SDEIS for comment is Fall, 1997.

DATES: Specific comments concerning the scope of the analysis should be 
submitted by September 15, 1997.

ADDRESSES: The responsible official is Robert Schrenk, Forest 
Supervisor, Kootenai National Forest. Written comments and suggestions 
concerning the re-analysis and the proposed SDEIS should be sent to the 
responsible official at 506 U.S. Highway 2 West, Libby, MT 59923.

FOR FURTHER INFORMATION:
Paul Kaiser, Project Coordinator, Kootenai National Forest. Phone: 
(406) 293-6211.

SUPPLEMENTARY INFORMATION: A new alternative (V) was developed to 
address the new information received and concerns raised since release 
of the DEIS on October 6, 1995.

Original Proposed Action

    ASARCO's proposal, which was submitted in 1987, includes 
constructing a 10,000 ton per day mine and mill complex to develop 
their stratiform copper/silver ore deposit which is located under the 
Cabinet Mountains Wilderness. The ore would be accessed via tunnels 
starting outside and downslope from the wilderness boundary. ASARCO 
estimates an ore reserve of 136 million tons and mine recovery rate of 
65 percent. ASARCO projects the estimated mine life (from beginning 
through reclamation) to be 32 years. The mine is estimated to employ 
305-355 people. Parts of the project would be on National Forest System 
land with the remainder on private land. Facilities would include a 
tailings impoundment approximately 250' high and 324 acres in size, a 
new access road, utility corridor, water lines, wells, mill site, water 
treatment site, and rail loadout facility. An exploration adit is 
proposed to further define the ore body. Two parallel adits (horizontal 
access passages) would be drilled, one would be used for the ore 
conveyor and the other for mine access. Two ventilation adits are 
proposed, one to have its surface opening within the wilderness and the 
other would use the proposed exploration adit outside the wilderness. 
Excess mine water is proposed to be discharged to the Clark Fork River 
after being treated to State water quality standards.

New Alternative

    The new alternative (Alt. V) proposal includes activities on 
approximately 483 acres. Alternative V has been developed which 
includes the surface deposition of tailings as a paste, and a water 
treatment system using a semi-passive bioreact0r and a reverse osmosis 
process. The concentrate from the mill would be pumped to an enclosed 
rail loadout facility. There are also changes in mitigations for the 
project which include change in: the type of diesel engines used, the 
type of pipe used to transport materials and the depth buried, the use 
of seepage collection features, the design intensity for storm 
diversions and ponds, the busing of employees, the closing of roads and 
additional monitoring.

Reviewer Obligations

    The Forest Service believes it is important to give reviewers 
notice at this early stage because 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 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. 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 supplement to 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 supplemental statement.
    Comments may also address the adequacy of the supplemental to 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.).

    Dated: July 31, 1997.
Robert L. Schrenk,
Forest Supervisor, Kootenai National Forest.
[FR Doc. 97-20897 Filed 8-14-97; 8:45 am]
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