[Federal Register Volume 67, Number 76 (Friday, April 19, 2002)]
[Notices]
[Pages 19389-19390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9610]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Payette National Forest, Idaho, Golden Hand #3 and #4 Lode Mining 
Claims, Plan of Operations

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

-----------------------------------------------------------------------

SUMMARY: The USDA Forest Service will prepare an environmental impact 
statement (EIS) for the proposed Plan of Operations (POO) for the 
Golden Hand #3 and #4 lode mining claims in the Frank Church--River of 
No Return (FC-RONR) Wilderness on the Krassel Ranger District, Payette 
National Forest. The purpose of the POO is to allow for mineral 
development of the claims. The EIS will disclose the environmental 
effects of the POO submitted by American Independence Mines and 
Minerals, Inc. The Forest now invites comments on the scope of the 
analysis and the issues to address.

DATES: Comments must be received by May 27, 2002.

ADDRESSES: Send written comments to Ana Egnew, Land Management 
Specialist, Krassel Ranger District, Payette National Forest, PO Box 
1026, McCall, Idaho 83638.

FOR FURTHER INFORMATION CONTACT: Ana Egnew at the above address, or e-
mail: [email protected].

SUPPLEMENTARY INFORMATION: American Independence Mines and Minerals, 
Inc. has proposed a Plan of Operation (POO) to allow for mineral 
development of the Golden Hand #3 and #4 mining claims. The mining 
claims are located in the FC-RONR Wilderness, approximately 50 miles 
northeast of McCall, Idaho in section 26, T22N, R9E, Boise Meridian. 
The claims encompass 20 acres each adjacent to Coin Creek, a tributary 
of Beaver Creek, which flows into Big Creek, a tributary of the Salmon 
River.

Proposed Action

    Access to the claims would be on Forest Service (FS) roads to the 
FC-RONR Wilderness boundary at Pueblo Summit, north of the town of 
Edwardsburg. Proposed access would then require vehicle passage for 
approximately 2.7 miles past the wilderness boundary on FS trail #13. 
Within the boundary is a roadbed that existed before creation of the 
wilderness. The roadbed was converted to use as a trail upon 
establishment of the wilderness. Vehicle access would require clearing 
slough, downed trees, and other obstacles to maintain a safe width for 
equipment transport.
    The proposed operation would construct approximately 2000 feet of 
new road on Golden Hand lode mining claim #3 and reconstruct 
approximately 1700 feet of preexisting roadbed on Golden Hand lode 
mining claim #4. These roads would access 31 drill locations and 5 
trench locations. Approximately 750 feet of trench (5 feet wide and 5 
feet deep) would be excavated. Production development work would also 
be conducted underground from existing mine openings (adits).
    Equipment proposed for use in the mining operation would include 
pickup trucks, a tandem axle flatbed truck, a 14 cubic yard tandem axle 
ore truck, small truck or track mounted drill rigs, a backhoe/loader, a 
bulldozer, a road grader, an air compressor, chainsaws, small 
underground mining machinery, a generator, and hand tools.
    Extracted ore would be hauled approximately 12 miles to an existing 
mill site near the town of Edwardsburg for bulk testing. Waste rock 
would be placed on existing dumps at the mine site. Fuel would be 
transported in sealed containers and stored in a leak proof 
containment. Explosives would be transported in certified, licensed, 
and insured vehicles, and would be stored in existing or portable 
magazines.

Responsible Official

    The responsible official is the Forest Supervisor of the Payette 
National Forest.

Nature of Decision To Be Made

    The nature of the Forest Service decision to be made in response to 
the POO submitted by American Independence Mines and Minerals, Inc. is: 
(1) Approve the project as proposed, or (2) Notify the operator of 
changes or additions to the POO necessary to minimize or eliminate 
adverse environmental impacts from mineral activities on National 
Forest System (NFS) lands, as required by Forest Service regulations 
(36 CFR Part 228A).
    The Payette National Forest Supervisor has determined that

[[Page 19390]]

preparation of the EIS is required for approval of the POO under Forest 
Service regulations governing locatable mineral activities on National 
Forest System Lands (36 CFR part 228A) and CEQ regulations implementing 
the National Environmental Policy Act (40 CFR parts 1501-1508).

Preliminary Issues

    Preliminary issues identified by the Forest Service 
interdisciplinary team include use of mechanized equipment in 
wilderness, protection of wilderness character, effects to threatened 
and endangered species, and effects to aquatic species and water 
quality.

Public Participation

    Public participation will be important at several points during the 
analysis, particularly during scoping of issues and review of the draft 
environmental impact statement (DEIS). This notice of intent initiates 
the scoping process, which guides the development of the EIS. The 
scoping process will identify potential issues and issues to be 
analyzed in detail, and will lead to the development of alternatives to 
the proposal.
    Comments received in response to this notice, including the names 
and addresses of those who comment, will be part of the project record 
and available for public review.
    The second major opportunity for public input is with the DEIS. The 
DEIS will analyze a range of alternatives to the proposed action, 
including the no-action alternative. The DEIS is expected to be filed 
with the Environmental Protection Agency (EPA) and to be available for 
public review in January 2003. EPA will then publish a notice of 
availability of the DEIS in the Federal Register. Public comments will 
be invited. The comment period on the DEIS will be 45 days from the 
date the EPA 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). In addition, 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 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 
raised by the proposed action, comments on the DEIS should be as 
specified 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 DEIS 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 40 CFR 1503.3 in 
addressing these points.
    In the Final EIS (FEIS) the Forest Service will respond to comments 
received (40 CFR 1503.4). The responsible official will consider the 
comments, responses, and environmental consequences addressed in the 
FEIS, which is expected to be completed in May 2003, along with 
applicable laws, regulations, and policies in making the final decision 
regarding this proposal. The responsible official will document the 
decision and reasons for it in the Record of Decision. That decision 
will be subject to appeal under 36 CFR 215.

    Dated: April 11, 2002.
Robert S. Giles,
Acting Forest Supervisor.
[FR Doc. 02-9610 Filed 4-18-02; 8:45 am]
BILLING CODE 3410-11-M