[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Notices]
[Pages 6570-6571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1818]


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DEPARTMENT OF AGRICULTURE

Forest Service


Basin Creek Mine Final Water Treatment System proposal, 
Beaverhead-Deerlodge National Forest, Jefferson 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 to document the analysis and disclose the environmental 
impacts of a proposed action to develop a final water treatment system 
at the inactive Basin Creek Mine. The mine site is located on the 
Continental Divide about 30 miles southwest of Helena, Montana.
    The proposed action would finalize the reclamation of the closed 
mine by defining a long-term water treatment system to treat effluent 
coming from the reclaimed leach pad (known as Leach Pad 3) on National 
Forest System lands. The effluent needs to be treated in perpetuity to 
ensure that any residual contaminants (cyanide or heavy metals) 
originating from the reclaimed leach pad do not degrade water quality. 
The decision to be made is to determine the type of final water 
treatment system that will be developed.

DATES: Initial comments concerning the scope of the analysis should be 
received in writing no later than January 31, 2001.

ADDRESSES: The responsible official is Forest Supervisor Janette 
Kaiser, Beaverhead-Deerlodge National Forest, Dillon, Montana. To 
facilitate the analysis of public comments, send written comments to 
District Ranger Terry Sexton, Jefferson Ranger District, 3 Whitetail 
Road, Whitehall, MT 59759. Comments may be electronically submitted to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Terry Sexton, District Ranger, at the 
above address, or phone (406) 287-3223 or 1-800-433-9206, or by email 
to [email protected].

SUPPLEMENTARY INFORMATION: The Basin Creek Mine is an inactive open pit 
heap leach gold mine. The site contains the headwaters of the municipal 
watersheds for the city of Helena (Monitor Creek) and the town of Basin 
(Basin Creek). Active mining operations were most recently conducted 
from 1988 through 1990 on patented land belonging to Pegasus Gold 
Corporation and National Forest System lands administered by the 
Beaverhead-Deerlodge National Forest. Final reclamation and closure of 
the site began in 1994 and is scheduled for completion in the fall of 
2001. The State of Montana Department of Environmental Quality will be 
preparing a separate document to analyze the effects of a proposed 
action to develop final water treatment systems for two other sources 
of effluent located on private land at the mine site. Discharges from 
the water treatment systems will require a National Pollutant Discharge 
Elimination System (NPDES) permit; a federal permit issued by the Corp 
of Engineers.
    The Forest Service, Environmental Protection Agency, and the State 
of Montana are cooperating agencies for this proposal.
    The project area is located in Township 8N, Range 6W, Sections 25 
and 26. The scope of this proposal is limited to developing a final 
long-term water treatment system for the effluent originating from 
Leach Pad 3.
    Public participation is important to this analysis. Part of the 
goal of public involvement is to identify additional issues and to 
refine the general, tentative issues. A scoping notice describing the 
proposal will be mailed to those who request information on mining 
activities on the Beaverhead-Deerlodge National Forest. There are no 
scoping meetings scheduled.
    Preliminary issues identified by the Forest Service include effects 
to water quality, and maintenance and effective life of the water 
treatment system. The analysis will consider all reasonably foreseeable 
activities. The

[[Page 6571]]

interdisciplinary team has not yet identified any preliminary 
alternatives to the proposed action. Alternatives will be developed 
based on the key issues identified after scoping.
    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 period.
    During the scoping process, the Forest Service is seeking 
additional information and comments from individuals or organization 
who may be interested in or affected by the proposed action, and 
Federal, State and local agencies. The Forest Service invites written 
comments and suggestions on this action, particularly in terms of 
identification of issues and alternative development.
    The draft EIS should be available for review in March, 2001. 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, at this early stage, it is important 
to give reviewers notice 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. 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 the 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. 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 official 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 decision and reasons for the decision will be documented in a 
Record of Decision.

    Dated: December 18, 2000.
Janette S. Kaiser,
Forest Supervisor.
[FR Doc. 01-1818 Filed 1-19-01; 8:45 am]
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