[Federal Register Volume 63, Number 154 (Tuesday, August 11, 1998)]
[Notices]
[Page 42820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21434]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 63, No. 154 / Tuesday, August 11, 1998 / 
Notices  

[[Page 42820]]


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DEPARTMENT OF AGRICULTURE

Forest Service


Nicore Mining Plan of Operation, Siskiyou National Forest, 
Josephine County, OR

AGENCY: Forest Service, USDA.

ACTION: Notice of intend to supplement a draft environmental impact 
statement.

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SUMMARY: The USDA, Forest Service, in cooperation with the Bureau of 
Land Management, will prepare a supplement to a draft environmental 
impact statement (SDEIS) for the Nicore Mining Plan of Operation on the 
Illinois Valley Ranger District of the Siskiyou National Forest. The 
draft environmental impact statement (DEIS) was released January 1998. 
A SDEIS is needed because of changed conditions, including the recent 
closure of a nickel smelter in Riddle, Oregon; new issues raised during 
the DEIS comment period; the presence of a plant species now listed 
under the Endangered Species Act, and a need to broaden the range of 
alternatives considered.

ADDRESSES: Submit written comments regarding the SDEIS to Joel King, 
District Ranger, Illinois Valley Ranger District, 26568 Redwood 
Highway, Cave Junction, Oregon, 97523.

FOR FURTHER INFORMATION CONTACT:
Rochelle Desser, Interdisciplinary Team Leader, Illinois Valley Ranger 
District, 26568 Redwood Highway, Cave Junction, Oregon, 97523 (541) 
592-2166.

SUPPLEMENTARY INFORMATION: The Nicore Plan of Operations (POO) includes 
mining 4 sites for a total of 35 acres. The mine sites would be 
accessed by an existing low-standard road system that would need to be 
upgraded. Ore would be stockpiled for later smelting.
    The Nicore DEIS considered the Proposed Plan of Operations and four 
alternatives. Many issues were considered in the DEIS, including risk 
of sediment delivery; botanical diversity and sensitive plants; costs 
of road development; effects on residents; visual quality, recreation, 
and interpretive development; impacts on the character of the South 
Kalmiopsis Roadless Area, noxious weeds, Port-Orford-cedar root 
disease; risk of hazardous fuel spills; effects on fish habitat, 
especially species listed under the Endangered Species Act; Aquatic 
Conservation Strategy and Riparian Reserve Standards and Guidelines; 
and Wild and Scenic River Eligibility. The SDEIS will consider 
additional issues and alternatives based on new information and public 
comment.
    Substantial uncertainty exists related to the economic viability of 
the mining POO. Since the release of the Nicore DEIS, the only nickel 
smelter in the United States closed, due to low nickel prices 
worldwide. Public comment continues to raise issues with the 
reasonableness of the mining plan, given the smelter closure. In 
addition, reports provided by the public indicate that the plan is not 
currently economically viable.
    Since the release of the DEIS, a plant found on the ore haul route 
was listed as endangered under the Endangered Species Act. The Forest 
Service has initiated consultation about the plant with the US Fish and 
Wildlife Service.
    Additional alternatives are being considered for the SDEIS. The 
DEIS consider the Proposed Action and five alternatives. Many people 
commented that the range of alternatives was too limited for a full 
consideration of impacts. The SDEIS will consider additional access 
routes, additional mitigation measures, and a scaled-back operation.
    The SDEIS is expected to be filed with the Environmental Protection 
Agency (EPA) and be available for review in November 1998. At that 
time, EPA will publish a Notice of Availability in the Federal 
Register.
    A 45-day comment period for the SDEIS will commence following the 
Notice of Availability. Those interested in the project should 
participate at that time. Several recent court rulings related to 
public participation are pertinent to this process. Reviewers of a 
Draft EIS must structure their participation in the environmental 
review process of the Proposed Action so that it is specific, 
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 early-on in the 
environmental review process, 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).
    These court rulings reinforce the citizen's responsibility for 
timely participation. Comments on the SDEIS should be as specific as 
possible; page number citations or other references to the SDEIS within 
comments are most helpful.
    Comments should address the adequacy of the EIS, and/or the merits 
of the alternatives (see the Council on Environmental Quality 
Regulations for implementing the procedural provisions of the National 
Environmental Policy Act at 40 CFR 1503.3 for further guidance).
    After the SDEIS comment period, comments on both the DEIS and SDEIS 
will be considered. Comments and Agency responses will be included in 
the Final EIS. The Final EIS is scheduled to be completed August 1999.
    The Responsible Official is the Siskiyou National Forest 
Supervisor. He will consider the Final EIS; applicable laws, 
regulations, policies; and analysis files and document his decision and 
rationale in the Record of Decision. That decision will be subject to 
appeal by the general public under 36 CFR 215 and by the miner under 36 
CFR 251.

    Dated: July 28, 1998.
Robert Ettner,
Acting Forest Supervisor.
[FR Doc. 98-21434 Filed 8-10-98; 8:45 am]
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