[Federal Register Volume 66, Number 4 (Friday, January 5, 2001)]
[Notices]
[Pages 1073-1074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-286]


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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. 66, No. 4 / Friday, January 5, 2001 / 
Notices  

[[Page 1073]]



DEPARTMENT OF AGRICULTURE

Forest Service


Beal Mountain Mine Montana Pollution Discharge Elimination System 
Permit Application for Final Treatment of Process Solutions by Land 
Application, Beaverhead-Deerlodge National Forest, Silver Bow County, 
MT

AGENCY: Forest Service, USDA, and Department of Environmental Quality.

ACTION: Notice; intent to prepare environmental impact statement.

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SUMMARY: The Forest Service and Montana Department of Environmental 
Quality will prepare an environmental impact statement on a short term 
water treatment proposal submitted by HB Engineering Group, Trustee for 
the bankrupt Beal Mountain Mine, Inc.. The Trustee proposes to treat 
approximately 150,000 gallons of heap leach pad process solutions using 
a biological treatment plant. The proposed process would need a 
polishing treatment step to meet State water quality standards. A 
Montana Pollution Discharge Elimination System (MPDES) Permit would be 
needed with a groundwater mixing zone to comply with Montana's Water 
Quality Act. The Forest Service and the Montana Department of 
Environmental Quality are charged to ensure reclamation of the mine 
site land to a stable and usable condition is accomplished. The Forest 
Service decision to be made is whether to approve land application of 
the treated process solution and whether additional treatment beyond 
the biological plant is needed prior to land application. The State of 
Montana decision to be made is whether to issue a MPDES Permit.

DATES: Comments concerning the scope of the analysis should be received 
in writing by January 31, 2001.

ADDRESSES: The responsible officials are Forest Supervisor Janette 
Kaiser, Beaverhead-Deerlodge National Forest, Dillon, MT, and Mark A. 
Simonich, the Director for the Montana Department of Environmental 
Quality, Helena, MT. To facilitate the analysis of public comments, 
send written comments to Jocelyn Dodge, Butte Ranger District, 1820 
Meadowlark, Butte, MT 59701. Comments may be electronically submitted 
to [email protected].

FOR FURTHER INFORMATION CONTACT: Jocelyn Dodge, EIS Team Leader (406) 
494-0246.

SUPPLEMENTARY INFORMATION: 1. The proposal is to infiltrate the treated 
process solution through the soil horizon for final treatment in the 
land application disposal (LAD) areas using a drip irrigation system. 
Monitoring data would be used to determine application rates, volumes, 
duration, monitoring and compliance points. Several systems would be 
operational at any time to provide maximum flexibility in land 
application of the treated process solution. When the proper volume has 
been applied, the LAD system would be relocated to another area. The 
agencies will decide whether to approve land application to the treated 
process solution and/or if additional treatment beyond the biological 
plant is needed for the process solution prior to land application. 
This document incorporates by reference the 1988 Environmental 
Assessment for the Beal Mountain Mine and the 1993 Environmental Impact 
Statement for the Beal Mountain Mine South Beal expansion.
    The project area is located in Township 2N, Range 10W, Section 6.
    Scoping activities to date have included a letter to citizens and 
groups interested in activities in the project area. No public meetings 
are scheduled at this time.
    From the public comments received during initial scoping, the 
following issues have been identified: 1. Water quality; 2. Fisheries 
in German Gulch; and, 3. Effects on wildlife habitat and postmine 
safety. Alternatives will be developed based on the key issues 
identified after scoping.
    The Beaverhead-Deerlodge National Forest and Department of 
Environmental Quality are joint leads in this analysis.
    People may visit with agency 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 period.
    During the scoping process, the Forest Service is seeking 
additional information and comments from individuals or organizations 
who may be interested in or affected by the proposed action, and 
Federal, State and local agencies. Written comments and suggestions on 
this action are invited, particularly in terms of identification of 
issues and alternative development.
    The draft EIS should be available for review in March, 2001, and 
the final EIS is scheduled for completion in May, 2001.
    The comment period on the draft environmental impact statement 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 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 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.

[[Page 1074]]

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 responsible officials will make the decision on this proposal 
after considering comments and responses, environmental consequences 
discussed in the Final EIS, applicable laws, regulations, and policies. 
The Forest Service decision and reasons for the decision will be 
documented in a Record of Decision.

    Dated: December 21, 2000.
Janette S. Kaiser,
Forest Supervisor.
[FR Doc. 01-286 Filed 1-4-01; 8:45 am]
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