[Federal Register Volume 69, Number 115 (Wednesday, June 16, 2004)]
[Notices]
[Pages 33620-33622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13504]


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DEPARTMENT OF AGRICULTURE

Forest Service


Grand Mesa, Uncompahgre and Gunnison National Forests; Robin 
Redbreast Unpatented Lode Claim Mining Plan of Operations; Hinsdale 
County, CO

AGENCY: Forest Service, USDA.

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

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SUMMARY: A proposed Plan of Operations has been submitted for approval. 
The Forest Service will prepare an Environmental Impact Statement (EIS) 
to assess and disclose the environmental effects of access and mine 
development the Robin Redbreast unpatented lode mining claim. The Robin 
Redbreast Lode mining claim is located in the NE 1/4, Section 34, 
Township 45 North, Range 6 West, New Mexico Principle Meridian, 
Hinsdale County, Colorado. The Robin Redbreast mine, an unpatented lode 
mining claim, was located in 1938 in Porphry Basin on the Uncompahgre 
National Forest. It is recorded in the Hinsdale County Courthouse, Lake 
City, Colorado. The most recent approved operating plan is dated August 
1983.
    The Robin Redbreast Lode mining claim is located at an elevation of 
11,400 feet in the Uncompahgre Wilderness Area, established first as 
the Big Blue Wilderness in 1980, and changed to the Uncompahgre 
Wilderness in the 1993 Colorado Wilderness Act. The If the Plan Of 
Operations is approved as proposed, mining operations at the Robin 
Redbreast site, and travel to and from the mine would occur within 
designated Wilderness. The Forest Service will prepare an Environmental 
Impact Statement (EIS) to assess and disclose the environmental effects 
of access and mine development of the Robin Redbreast Lode mining 
claim.
    The EIS will comply with the requirements of the National 
Environmental Policy Act (42 U.S.C. 4321-4370a), the National Forest 
Management Act (16 U.S.C. 1600-1614), and the U.S. mining laws (30 
U.S.C. 21-54), and their implementing regulations.

DATES: Comments concerning the proposal and the scope of the analysis 
will be accepted and considered at any time after publication of this 
notice in the Federal Register and prior to a decision being made. To 
be most helpful in the design of the analysis, comments should be 
received within 45 days of publication of this NOI in the Federal 
Register.
    The draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and available for public review during December 
2004. When a draft EIS is available the EPA will publish a Notice of 
Availability (NOA) in the Federal Register. The comment period on the 
draft EIS will be for a period of not less than 45 days from the date 
the EPA publishes the NOA in the Federal Register. The final EIS is 
expected to be available in June 2005.

ADDRESSES: Send written comments to Jeff Burch, Grand Mesa, Uncompahgre 
and Gunnison National Forest, Supervisor's Office, 2250 Highway 50, 
Delta, CO 81416. Electronic mail (e-mail) may be sent to 
[email protected] and FAX may be sent to (970) 874-6698. Telephone: 
(970) 874-6649.

[[Page 33621]]


FOR FURTHER INFORMATION CONTACT: Jeff Burch, Environmental Coordinator, 
Grand Mesa, Uncompahgre and Gunnison National Forests, 2250 Highway 50, 
Delta, Colorado 81416. Telephone: (970) 874-6649.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The project would serve to meet the goal of the developent and 
production of precious metals, gold and silver, from the Robin 
Redbreast unpatented mining claim.

Proposed Action

Proposed Mine Operations

    An open field area adjacent to the Middle Fork trailhead 
227 is proposed for the project staging area to be used during 
construction and development of the operation. This trailhead is 
outside of the Wilderness.
    Proposed ground access to the mine site is by foot, horseback, or 
mule-train via an existing single track Wilderness trail, Forest 
Service Trail 227. Helicopter access is proposed for 
approximately two days per month to ferry equipment and supplies. 
Surface facilities necessary to support mining would involve clearing 
and terracing of two separate sub-alpine sites: One approximately 70 by 
90 feet in size, and another approximately 200 by 170 feet in size. 
Facilities to be placed at each of these sites would include a shop, 
fuel containment area, a powder and primer magazine, a generator shed, 
an ore storage and sorting pad, and a waste rock storage area. A small 
support cabin was constructed during past mining activity and is 
located approximately 75 feet from the proposed mining area. A rubber 
tired Bobcat sized loader and slusher would be used at the mine site 
for surface preparation and underground mining and hauling.
    Two portals and associated mine tunnels totaling approximately 650 
feet in length would be constructed to reach the ore body. Once the ore 
body is reached, ore removed from the mine would be sorted by hand on 
site. Higher grade ore would be loaded onto pack mules, packed out to 
the trail head in the Middle Fork of the Cimarron via Forest Service 
Trails 227 and 243, and then trucked daily off the 
Forest in a one-ton pickup truck. It is anticipated at this time that 
over the course of mine development a total of 2550 tons of waste rock 
will be generated. However, the true extent of the ore body, which can 
not be known at this time, will how much waste rock will will 
eventually be produced. The submitted plan of operations proposes that 
during mining operations, a mule-train, including eight mules and two 
horses with riders, would make two trips a day, originating at the 
trail head and going to and from the mine site. Also proposed are daily 
pickup truck trips on existing state highways and improved Forest 
Development roads, from Montrose to the trailhead and back, and twice 
monthly helicopter trips to and from the mine site.
    Timber needed to support mining operations would be cut from the 
surrounding forest, on the mining claim, using standing dead trees 
first, but green timber if necessary. Living quarters for four to five 
workers would be the existing cabin. Drinking water would come from 
Porphyry Creek, which flows through the claim. Chemex self-contained 
toilets are proposed for use near the cabin and at the mine sites. Fuel 
storage pads would be constructed to hold up to 1375 gallons at any one 
time. The extent of the ore body, if one does exist, is not known. It 
is impossible at this time to anticipate the precise duration of mining 
activities at this site. The expected duration is five to ten years, 
dependent again upon actual extent of the ore body. Operations are 
proposed to take place between May and November because of heavy winter 
snows at this elevation. Reclamation of the site would be required at 
the end of mining operations. Sufficient bond to ensure compliance will 
be required.

Possible Alternatives

    At this time a possible alternative staging area for helicopter 
loading further down the valley of the middle fork of the Cimarron has 
been identified. It is located near the point at which the Middle Fork 
road (FDR 861) departs from the main road accessing the 
Silverjack area. Also, an alternative livestock staging area and trail 
head for this operation will be considered. Additionally, an 
alternative of removing ore by helicopter rather than by mule train may 
be explored.

Lead and Cooperating Agencies

    The Forest Service is the lead agency. There are no cooperating 
agencies.

Responsible Official

    The Forest Supervisor, (now vacant), Grand Mesa, Uncompahgre and 
Gunnison National Forests, 2250 Highway 50, Delta, Colorado 81416 is 
the official responsible for making the decision on this action. He/she 
will document his/her decision and rationale in a Record of Decision.

Nature of Decision To Be Made

    It is the purpose of the analysis, and of the decision that follows 
it, to allow Robert and Marjorie Miller to exercise their right to mine 
within their unpatented lode mining claim while protecting National 
Forest resources and values, consistent with the General Mining Law of 
1872 as amended, with other applicable law regulation and policy, and 
with the standards and guidelines in the Grand Mesa, Uncompahgre, and 
Gunnison National Forest Land Management Plan. The Responsible Official 
will consider the results of the analysis and its findings and then 
document the final decision in a Record of Decision (ROD). The nature 
of the Forest Service decision to be made in response to the Plan Of 
Operations submitted by Robert W. and Margorie Miller is: (1) Approve 
the project as proposed, or (2) Notify the operator of changes or 
additions to the Plan Of Operations 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 Grand Mesa, Uncompahgre, and Gunnison National Forest 
Supervisor (Responsible Official) has determined that preparation of 
the EIS is required for approval of the Plan Of Operations under Forest 
Service regulations governing locatable mineral activities on National 
Forest System Lands (36 CFR 228A) and CEQ regulations implementing the 
National Environmental Policy Act (40 CFR 1501-1508). It is not the 
purpose of the analysis to determine management of mineral resources. 
The responsibility for that determination lies with the Secretary of 
the Interior.

Scoping Process

    Scoping for this project will consist of this notice in the Federal 
Register, mailing of this notice to parties known to be interested, a 
news release for publication in local newspapers, and notification of 
local elected representatives. At this time no public meetings are 
planned.

Preliminary Issues

    Preliminary issues identified so far include: Effects of helicopter 
noise on recreation experience in Wilderness and there surrounding 
National Forest, including the Silverjack Reservior area; effects of 
livestock staging and use at the Middle Fork (243) trail head, 
and on trails to Porphyry Basin (trails 243 and 227); effects 
of mining and access on Wilderness; effects of access and

[[Page 33622]]

hauling on Forest roads and trails; effects of mining operations on 
surface and sub-surface waters; effects of mining operations on 
cultural or historic properties; effects of mining operations on 
wildlife, plant life and ecosystems; effects of mining operations on 
recreation experience, and on opportunities for users of the area 
during and after mining operations; and effects on the long term 
condition of the site.

Permits or Licenses Required

    Additional permits or licenses which may be required in addition to 
Forest Service authorizations include, but are not limited to the 
following: Department of the Army (Section 404 of the Federal Clean 
Water Act) Permit for dredge and fill of wetlands or waters of the 
United States; Permit from Colorado Department of Public Safety 
(Section 402 of the Federal Clean Water Act) addressing storm-water 
run-off; Environmental Protection Agency approval of Spill Prevention, 
Control, and Countermeasures Plan; Colorado Division of Minerals 110 
Limited Impact Permit. In addition water rights for use of water from 
Porphyry Creek will need to be obtained.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement. Public scoping 
describing the Plan of Operations associated with the Robin Redbreast 
Lode mining claim is being initiated with this Notice of Intent. 
Comments from this scoping effort will be reviewed to identify 
potential issues for this analysis. While comments are welcome at any 
time, comments received within 45 days of the publication of this 
notice in the Federal Register will be most useful for the 
identification of issues and the analysis of alternatives. The name and 
mailing address of commenters should be provided with their comments so 
that future documents pertaining to this environmental analysis and the 
decision can be provided to interested parties.
    In the final EIS, the Forest Service will respond to any comments, 
received during the public comment period, that pertain to the 
environmental analysis. Those comments and the Forest Service responses 
will be disclosed and discussed in the final EIS and will be considered 
when the final decision about this proposal is made.
    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.
    Also, comment during this 45-day comment period is required to 
establish eligibility to appeal the final decision under 36 CFR part 
215.

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

    Dated: June 3, 2004.
Larry M. Hill,
Acting Forest Supervisor.
[FR Doc. 04-13504 Filed 6-15-04; 8:45 am]
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