[Federal Register Volume 68, Number 17 (Monday, January 27, 2003)]
[Notices]
[Pages 3856-3858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1693]


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DEPARTMENT OF AGRICULTURE

Forest Service


Coronado National Forest, Arizona; Alpha Calcit Marble Mine

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service accepted a Plan of Operations from Alpha 
Calcit Arizona, Limited, for mining and road construction in the 
Dragoon Mountain Range of the Coronado National Forest in southern 
Arizona, as required by the1872 Mining Law, as amended, and its 
implementing regulations at 36 CFR part 228. The proposed mine 
expansion is located within an inventoried roadless area.

DATES: Comments concerning the scope of the analysis should be received 
by April 30, 2003. The draft environmental impact statement is expected 
by December, 2003. The final environmental impact statement is expected 
in March, 2004.

ADDRESSES: Send written comments to Jennifer Ruyle, Alpha Calcit 
Environmental Analysis Team Leader; Coronado National Forest; Federal 
Building, FB-42; 300 West Congress, Tucson, Arizona, 85701.
    Send electronic mail comments to [email protected], Alpha Calcit 
Environmental Analysis Team Leader.

FOR FURTHER INFORMATION CONTACT: John McGee, Forest Supervisor, 
Coronado National Forest, USDA Forest Service or Jennifer Ruyle, 
Analysis Team Leader, Coronado National Forest, USDA Forest Service at 
the above address.

SUPPLEMENTARY INFORMATION:
    Alpha Calcit Arizona, Limited, is seeking approval for a Plan of 
Operations to expand an existing marble

[[Page 3857]]

mine in the Dragoon Mountain Range of the Coronado National Forest in 
southern Arizona. The proposed mine expansion is located in an 
inventoried roadless area as defined in the Forest Service Roadless 
Area Conservation Final Environmental Impact Statement, November 2000. 
See page 14 of EIS Volume 2--Maps of Inventoried Roadless Areas, 
Coronado National Forest Inventoried Roadless Areas. This Forest 
Roadless Area map is also found on the web at http://roadless.fs.fed.us/states/az/coro.pdf. The proposal includes the 
construction of approximately \1/2\ mile of new road in the inventoried 
roadless area, and reconstruction (widening) of existing access roads 
thereby making it subject to regulations at 36 CFR 294.12 and Interim 
Directive Forest Service Manual (FSM) 1925 policy. Paragraph (a) of the 
regulation prohibits new road construction or reconstruction in 
inventoried roadless areas while paragraph (b) provides exceptions to 
the prohibition. This proposal conforms to the requirements of 
exception (b)(3) in the regulations because the proposed road 
construction is needed pursuant to outstanding rights provided by 
statute (1872 Mining Law). This proposal also falls under similar 
exception language in FSM 1925.04 b (d).

Purpose and Need for Action

    The purpose of this proposal is to make locatable mineral material 
available to Alpha Calcit Arizona, Limited, as provided by statute. The 
statutes authorizing this use of National Forest System lands and 
resources include the 1872 Mining Law, as amended, and its implementing 
regulations at 36 CFR part 228; the Federal Land Policy and Management 
Act of 1976, and Forest Service Policy as described in the Directives 
System (Forest Service Manual 2800).
    The Forest Service accepted a Final Plan of Operations, as required 
by law, regulation and policy, from Alpha Calcit Arizona, Limited, for 
proposed mining of limestone, marble, and related products in the 
Dragoon Mountains of the Coronado National Forest. This action responds 
to the goals and objectives outlined in the Land and Resource 
Management Plan for the Coronado National Forest. It also contributes 
to meeting the goal of supporting environmentally sound minerals 
development and reclamation.

Proposed Action

    The Proposed Action is to approve the Plan of Operations submitted 
by Alpha Calcit Arizona, Limited, to mine marble in the Tapia-Bliss 
claims in the Dragoon Mountain Range of the Coronado National Forest 
with mitigations for land and resource protection. The Final Plan of 
Operations accepted from Alpha Calcit Arizona, Limited, consists of:
    [sbull] Expansion of an existing quarry for the purpose of mining 
marble, limestone, and related products from the Escabrosa limestone 
formation in the Dragoon Mountain Range of the Coronado National 
Forest,
    [sbull] Mining 100,000 short tons (approximately 2,000 pounds per 
ton) of marble annually for a period of 20 years,
    [sbull] Constructing a crushing facility on private land 
approximately 2,300 feet north of the center of the quarry area, in the 
NE \1/4\ of the NW \1/4\ of Section 33, T.17S., R.23E., (G&SRB&M),
    [sbull] Employing blasting and the use of heavy equipment to move 
material from the quarry to the processing plant,
    [sbull] Accessing the quarry area via County Road to the Forest 
boundary, and via Forest Road (FR) 689 from the boundary into the 
quarry area, and
    [sbull] Constructing a new access road from the southeast end of 
the quarry to the top of the exposed face and top bench of the quarry 
in the SW \1/4\ of the SE \1/4\ of Section 33, T.17S., R.23E., 
(G&SRB&M).
    This alternative includes modifications to mitigate effects. 
Mitigations include measures to address waste rock management, 
avoidance of significant archeological and historical sites, avoidance 
of impacts to resources and places important to tribes with traditional 
ties to the area, reclamation and revegetation, utility installation, 
protection of endangered, threatened, or sensitive flora or fauna, 
consideration of agave plants, water sources, hazardous material 
storage, and other best management practices.

Possible Alternatives

Alternative 1--No Action

    The No Action Alternative would deny the Plan of Operations 
submitted by Alpha Calcit Arizona, Limited, to mine marble in the 
Tapia-Bliss claims in the Dragoon Mountain Range of the Coronado 
National Forest. Mining operations would not be implemented.
    [sbull] The agency does not have discretion to deny statutory 
rights to mine locatable minerals subject to the 1872 Mining Law.
    [sbull] The agency has discretion to deny the mining of common 
variety minerals, but it may be impractical to deny mining of common 
variety marble closely associated with locatable marble in the project 
area.

Alternative 2--The Proposed Action

Alternative 3

    Approve the described Plan of Operations submitted by Alpha Calcit 
Arizona, Limited, to mine marble, without the mitigation measures 
listed previously.

Responsible Official

    The Responsible Official is Harv Forsgren, Regional Forester. His 
address is Harv Forsgren, USDA Forest Service, Southwestern Region; 333 
Broadway, Southeast; Albuquerque, New Mexico, 87102.

Nature of Decision To Be Made

    Based on the results of the environmental analysis, the decision 
will address the following:
    1. Whether or not the mining proposal would proceed as proposed or 
as modified by mitigation measures .
    2. If mining activity is allowed, the mitigation measures and 
monitoring requirements that would be implemented.
    3. Consistency with applicable laws, regulations, policies, and the 
Forest Plan.

Scoping Process

    The Forest Service will be seeking information, comments and 
assistance from Tribal Governments, Federal, State and local agencies, 
individuals and organizations that may be interested in, or affected 
by, the proposed activities. Written comments will be solicited through 
a scoping report mailed to individuals and entities known to be 
interested or affected. This report will be mailed in March of 2003. 
Information about the proposal will also be available at a public open 
house to be held on March 11, 2003 from 3 PM to 8 PM, at the Benson 
Public Library, 300 S. Huachuca, Benson, AZ 85602.

Preliminary Issues

    Analysis of the proposal, as submitted by the proponent, indicates 
that the following preliminary issues should be considered in the 
analysis. A final set of issues will be defined following scoping and 
consultation.

Heritage Resources

    [sbull] Mining and support activities (access, construction of 
crushing facilities) may have adverse effects on archaeological and 
historical sites.
    [sbull] The Dragoon Mountains are important in Chiracahua Apache 
history and culture; some Chiricahua Apaches retain traditional ties to 
the area. Mining activities may be incompatible with the historical and 
cultural associations.

[[Page 3858]]

Public Safety

    [sbull] Truck traffic through an adjacent residential area, with 
mixed residential and truck traffic on Lizard Lane (access road) may 
pose a safety hazard.
    [sbull] Mine traffic may conflict with cattle grazing along the 
access road.

Flora and Fauna

    [sbull] Mining and associated activities may adversely affect 
populations or habitat of certain management indicator species.
    [sbull] Mining and associated activities may adversely affect 
individuals, populations, or habitat of threatened, endangered, or 
sensitive species, including the Lesser long-nosed bat or American 
peregrine falcon.

Water Quantity and Quality

    [sbull] Waters running in or around the mine and along the access 
road may adversely affect adjacent landowners and other Forest users.
    [sbull] Lack of a water storage or filtration plant may adversely 
affect adjacent landowners and other Forest users.
    [sbull] Potential dust mitigation (watering) may reduce local water 
supplies.

Access

    [sbull] Proposed access may not be wide enough to allow haul 
vehicles to pass.
    [sbull] Traffic conflicts may become acute during hunting season.
    [sbull] Resolution of safety issues may result in restrictions on 
access by general Forest users.

Visual Quality

    [sbull] Appearance of the mine face and roads may be incompatible 
with scenic qualities of the landscape.

Air Quality

    [sbull] Mining activities (blasting, crushing, or use and 
maintenance of access roads) may increase dust.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A draft environmental impact statement will be 
prepared for comment. 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 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. 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.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)

    Dated: January 13, 2003.
Abel M. Camarena,
Deputy Regional Forester.
[FR Doc. 03-1693 Filed 1-24-03; 8:45 am]
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