[Federal Register Volume 63, Number 209 (Thursday, October 29, 1998)]
[Notices]
[Pages 58006-58007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29027]


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DEPARTMENT OF AGRICULTURE

Forest Service


El Luky Duk Placer Claim, Suction Dredging; Nez Perce National 
Forest, Idaho County, ID

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 analyze and disclose the environmental effects of 
dredging on the El Luky Duk placer claim on the South Fork Clearwater 
River. The claimant has proposed using four different dredges (an 
eight-inch, a six-inch, a five-inch, and a three-inch), one at a time, 
to remove possible gold deposits from the gravel and at bedrock in the 
South Fork Clearwater River. The proposal is to operate for two years 
between the first of July to the first week in October. The El Luky Duk 
placer claim is located in portions of Sections 20, 21, 27 and 28, 
T29N, R7E, BPM. The suction dredging is proposed for a reach of the 
river in Section 27.

DATES: Written comments and suggestions should be received on or before 
November 30, 1998.

ADDRESSES: Send written comments and suggestions on the proposed action 
or requests for a map of the proposed action or to be placed on the 
project mailing list to Michael R. McGee, Acting District Ranger, Red 
River Ranger District, P.O. Box 416, Elk City, Idaho 83525.

FOR FURTHER INFORMATION CONTACT:
Jo Ellis, District Geologist, Red River Ranger District, P.O. Box 416, 
Elk City, Idaho 83525, phone (208) 842-2245.

SUPPLEMENTARY INFORMATION: The proposed action is proposed pursuant to 
the 1872 Mining Law, the Organic Administration Act of 1897 and Forest 
Service mining regulations, Title 36 Code of Federal Regulations (CFR), 
Part 228, Subpart A. The United States mining laws at 30 U.S.C. 21-54 
confer a statutory right to enter upon the public land to search for 
and remove certain minerals. The Forest Service has the responsibility 
to make sure that the activities are conducted so as to minimize 
adverse environmental impacts to National Forest System lands, 36 CFR, 
Part 228, Subpart A.
    The proposal involves processing approximately 325 cubic yards of 
river gravel over a 150 foot section of the South Fork Clearwater 
River. A cross section approximately eight feet wide and six feet deep 
would be processed. The process involves utilizing high pressure water 
pumps driven by gasoline-powered motors which create suction in a 
flexible intake pipe. A mixture of streambed sediment and water is 
vacuumed into the intake pipe and passed over a sluice box mounted on a 
floating barge. Dense particles (including gold) are trapped in the 
sluice box. The remainder of the entrained material is discharged into 
the stream as tailings or spoils. A hole is created in the gravel so 
bedrock is exposed. Cracks in the bedrock are then cleaned with the 
suction. Large boulders or rootwads are moved by cables attached to a 
winch.
    The Forest Service will consider a range of alternatives to the 
proposed action. One of these will be the ``no action'' alternative, in 
which the Plan of Operations would not be approved. Additional 
alternatives will examine varying intensity and duration of the 
proposed activities, including restrictions on the size of equipment 
and length of seasonal operation, as well as respond to the issues and 
other resource values.
    Public participation is an important part of the project, 
commencing with the initial scoping process (40 CFR 1501.7), which 
starts with publication of this notice and continues for the next 30 
days. In addition, the public is encouraged to visit with Forest 
Service officials at any time during the analysis and prior to the 
decision. The Forest Service will be seeking information, comments, and 
assistance from Federal, State, and local agencies, the Nez Perce 
Tribe, and other individuals or organizations who may be interested in 
or affected by the proposed action.
    Comments from the public and other agencies will be used in 
preparation of the draft EIS. The scoping process will be used to:
    1. Identify potential issues;
    2. Identify major issues to be analyzed in depth;
    3. Eliminate minor issues or those which have been covered by a 
relevant previous environmental analysis, such as the Nez Perce 
National Forest Plan EIS;
    4. Identify alternatives to the proposed action;
    5. Identify potential environmental effects of the proposed action 
and alternatives (i.e., direct, indirect, and cumulative effects).
    While public participation in this analysis is welcome at any time, 
comments received within 30 days of the publication of this notice will 
be especially useful in the preparation of the draft EIS, which is 
expected to be filed with the Environmental Protection Agency and 
available for public review in January 1999. A 45-day comment period 
will follow publication of a Notice of Availability of the draft EIS in 
the Federal Register. The comments received will be analyzed and 
considered in preparation of a final EIS, which is expected to be filed 
in June 1999. A Record of Decision will be issued not less than 30 days 
after publication of a Notice of Availability of the final EIS in the 
Federal Register.
    The Forest Service believes it is important at this early stage to 
give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
draft EISs must structure their participation in the environmental 
review of the proposal in such a way 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.C. 519, 513, (1978). Also, 
environmental objections that could be raised at the

[[Page 58007]]

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 45-day comment period 
in order that substantive comments and objections are 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 should be as specific as possible. Reviewers may wish to refer 
to the Council on Environmental Quality Regulations for implementing to 
procedural provisions of the National Environmental Policy Act at 40 
CFR 1503.3 in addressing these points.
    Michael R. McGee is the responsible official for this environmental 
impact statement.

    Dated: October 20, 1998.
Michael R. McGee,
Acting District Ranger, Red River Ranger District, Nez Perce National 
Forest.
[FR Doc. 98-29027 Filed 10-28-98; 8:45 am]
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