[Federal Register Volume 63, Number 164 (Tuesday, August 25, 1998)]
[Notices]
[Pages 45219-45220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22734]


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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. 164 / Tuesday, August 25, 1998 / 
Notices  

[[Page 45219]]


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DEPARTMENT OF AGRICULTURE

Forest Service


Yellow Band Mine; Dillon Ranger District; Beaverhead County, MT

AGENCY: Forest Service, USDA.

ACTION: Notice, intent to prepare environmental impact statement.

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SUMMARY: The Forest Service will prepare an environmental impact 
statement (EIS) to evaluate the environmental effects of a proposed 
mine operation, and to ensure that reasonable, practicable measures are 
incorporated into the mine plan for protection and reclamation of 
surface resources.

DATES: Initial comments concerning the scope of the analysis should be 
received in writing no later than September 11, 1998.

ADDRESSES: Send written comments to Deborah L.R. Austin, Forest 
Supervisor, Beaverhead-Deerlodge National Forest, 420 Barrett Street, 
Dillon, MT 59725-3572.

FOR FURTHER INFORMATION CONTACT:
Katie Bump, Environmental Analysis Team Leader, Dillon Ranger District, 
at the above address, or phone: (406) 683-3955.

SUPPLEMENTARY INFORMATION: The Forest Service will process a proposed 
plan of operations for a small-scale open pit mine and cyanide heap 
leaching facility, subject to constraints given by applicable laws and 
policies, and in the 1986 Beaverhead National Forest Land and Resource 
Management Plan.
    The EIS will examine the effects of the proposal and alternatives. 
The primary purpose of this analysis is to evaluate the environmental 
effects of the proposed mine operation, and ensure that reasonable, 
practicable measures are incorporated into the mine plan for protection 
and reclamation of surface resources. The Forest Service will approve 
the proposal if it complies with applicable legal requirements.
    The mine was proposed by Yellow Band Mines Inc. in T. 6 S. R. 11 W. 
Sec. 2 SE MPM, in the French Creek drainage of the southeast Pioneer 
Mountains, about 14 miles northwest of Dillon. The project would 
involve disturbing no more than 5 acres at a time in the mine area, and 
a cyanide heap leach facility on less than 5 acres.
    Scoping for the proposed action began with parties on the Forest 
Service and State of Montana Dept. of Environmental Quality mailing 
lists being notified by mail, in addition to news releases. A public 
field tour of the mine site was held August 7. Copies of the proposed 
mining plan of operations are available on request.
    Some potential issues have been identified to date. The mine is 
located within the municipal watershed of the City of Dillon. Possible 
contamination of underground and surface water by cyanide from the 
leaching process is a concern. Sediment from areas disturbed by mine 
operations is also a concern in the drainage; French Creek is habitat 
for a sensitive fish species, westslope cutthroat trout. The mine area 
is also habitat for a sensitive plant species, Lemhi beardtongue. Bats 
are present in at least one of the mine openings. Road safety on the 
Forest Road below the mine area is a concern. Noxious weeds are present 
in the mine area. French Creek Cave is just north of the mine area.
    The operator has applied for a license to operate a cyanide 
facility, and a Montana Pollution Discharge Elimination System (MPDES) 
permit to the State of Montana Department of Environmental Quality.
    Public participation is important to the analysis. Part of the goal 
of public involvement is to identify additional issues and to refine 
the general, tentative issues identified above. People may visit with 
Forest Service officials at any time during the analysis and prior to 
the decision. Two periods are specifically designated for comments on 
the analysis: (1) during the scoping process and (2) during the draft 
EIS comment period.
    During the scoping process, the Forest Service is seeking 
information and comments from Federal, State, and local agencies and 
other individuals or organizations who may be interested in or affected 
by the proposed action. The United States Fish and Wildlife Service 
will be consulted concerning effects to threatened and endangered 
species. The agencies invite written comments and suggestions on this 
action, particularly in terms of identification of issues and 
alternative development.
    In addition to the proposed action, a range of alternatives will be 
developed in response to issues identified during scoping. One of these 
will be the ``no action'' alternative, in which the mine would not be 
developed. The Forest Service will analyze and document the direct, 
indirect, and cumulative effects of all alternatives.
    The Forest Service will continue to involve the public and will 
inform interested and affected parties as to how they may participate 
and contribute to the final decision. Another formal opportunity for 
response will be provided following completion of a draft EIS.
    The draft EIS should be available for review in December, 1998. The 
final EIS is scheduled for completion in June, 1999.
    The comment period on the draft EIS will be 45 days from the date 
the Environmental Protection Agency publishes the notice of 
availability in the Federal Register.
    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, reviewers of 
draft environmental impact statements must structure their 
participation in the environmental review of the proposal so 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, 
533 (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 those interested in this proposed action 
participate by the close of the 45-day comment period so substantive 
comments and objections are made

[[Page 45220]]

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.
    The Beaverhead-Deerlodge Forest Supervisor is the responsible 
official who will make the decision. She will decide on this proposal 
after considering comments and responses, environmental consequences 
discussed in the Final EIS, and applicable laws, regulations, and 
policies. The decision and reasons for the decision will be documented 
in a Record of Decision.

    Dated: August 17, 1998.
Deborah L.R. Austin,
Forest Supervisor, Beaverhead-Deerlodge National Forest.
[FR Doc. 98-22734 Filed 8-24-98; 8:45 am]
BILLING CODE 3410-11-M