[Federal Register Volume 70, Number 134 (Thursday, July 14, 2005)]
[Notices]
[Pages 40686-40688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13846]


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DEPARTMENT OF AGRICULTURE

Forest Service


Mines Management Inc. Montanore Project, Kootenai National 
Forest, Lincoln County, MT

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Department of Agriculture, Forest Service, Kootenai 
National Forest, in conjunction with Montana Department of 
Environmental Quality, will prepare an environmental impact statement 
(EIS) to document the analysis and disclose the environmental impacts 
of the proposed action to permit the construction, operation and 
reclamation of the Montanore silver/copper mine project and associated 
power transmission line. The project is located on public and private 
islands approximately 18 miles south of Libby, Montana. Mines 
Management, Inc. submitted a proposed Plan of Operations and an 
application for a Hard Rock Operating Permit on January 3, 2005, 
pursuant to Forest Service locatable mineral regulations 36 CFR part 
228, subpart A, and the State of Montana Metal Mine Reclamation Act MCA 
82-4-301 et. seq. A single EIS evaluating all components of the 
proposed project will be prepared.

DATES: Comments concerning the proposed action must be postmarked by 
September 15, 2005, to be considered in the draft EIS. The draft EIS is 
expected May 2006 and the final EIS is expected by January 2007.

ADDRESSES: Send written comments concerning the Proposed Action to Bob 
Castaneda, Forest Supervisor, Montanore Project, Kootenai National 
Forest, 1101 U.S. Hwy 2 West, Libby, MT 59923, or e-mail your comments 
to [email protected]. All comments received must contain: name of 
commenter, post service mailing address, and date of comment. Comments 
sent as an e-mail message should be sent as an attachment to the 
message. A copy on computer-generated disc, should accompany all 
comments over one page in length.

FOR FURTHER INFORMATION CONTACT: Bobbie Lacklen, Project Coordinator, 
Canoe Gulch Ranger Station, 12557 Hwy 37, Libby, Montana 59923. Phone 
(406) 293-7773, or e-mail at [email protected], or consult http://www.fs.fed.us/rl/kootenai/projects/montanore.

SUPPLEMENTARY INFORMATION: Mines Management Inc. owns two patented 
mining claims (HR 133 & HR 134) with mineral rights that extend beneath 
the Cabinet Mountains Wilderness. On

[[Page 40687]]

January 3, 2005, Mines Management Inc. submitted to the Kootenai 
National Forest and Montana Department of Environmental Quality an 
application for a Hard Rock Operating Permit and a proposed Plan of 
Operations for the Montanore Project. The ore body is located beneath 
the Cabinet Mountains Wilderness. All surface disturbances including 
mill facilities, transmission lines, across roads, and the tailings 
disposal impoundment would be located outside the Cabinet Mountains 
Wilderness area.

Proposed Action

    The Montanore Project, as proposed by Mines Management, Inc. would 
consist initially of a 12,500 tons per underground mining operation 
that would expand a 20,000 tons per day rate. The surface mill would be 
located on National Forest System lands outside of the Cabinet 
Mountains Wilderness in the Ramsey Creek drainage. The ore body would 
be accessed from two portals located adjacent to the mill. Two 
ventilation portals, both located on private lands, would be utilized 
during the project. One ventilation portal would be located in the 
upper Libby Creek drainage; the other would be located in the upper 
Rock Creek drainage near Rock Lake.
    A 230-kilovolt electric transmission line would be constructed from 
Pleasant Valley (Sedlak Park) along U.S. Highway 2, and then routed up 
Miller Creek drainage to the project site.
    The size of the ore body is approximately 135 million tons. Ore 
would be crushed underground and conveyed to the surface mill located 
near the Ramsey Creek portals. Copper and silver minerals would be 
removed from the ore by a flotation process. Tailings from the milling 
process would be transported through a pipeline to the tailings 
disposal impoundment located in the Little Cherry Creek drainage, a 
distance of about four miles from the proposed mill site.
    Access to the mine and all surface facilities would be via U.S. 
Highway 2 and the existing Bear Creek road. Mines Management, Inc. 
would upgrade an estimated 11 miles of the Bear Creek road to standards 
specified by the agencies. Silver/copper concentrate from the mill 
would be shipped by truck to a rail siding in Libby, Montana. The 
concentrate would then be transported by rail to an out-of-state 
smelting facility. Mining operations are projected to continue for an 
estimated 15 years once facility development is completed and actual 
mining operations commence. The mill and mine would operate on a three 
shifts per day, seven days per week, yearlong schedule.
    An estimated seven million tons of ore would be produced annually 
during a 350-day production year. Employment numbers are estimated to 
be 450 people when at full production. An annual payroll of $12 million 
is projected for full production periods. Mines Management, Inc.'s 
permit area utilizes approximately 3,000 acres of National Forest 
System land and approximately 200 acres of private land for the 
proposed mine and associated facilities including the power 
transmission line. All surface activities would be outside designated 
wilderness. Mines Management, Inc. has developed a reclamation plan to 
rehabilitate the disturbed areas following the phases associated with 
exploration, construction, operation, and ultimately, mine closure.

Lead and Cooperating Agencies

    The U.S. Army Corps of Engineers, U.S. Environmental Protection 
Agency, U.S. Fish and Wildlife Service, Montana Department of Natural 
Resources and Conservation, Confederated Salish and Kootenai Tribes, 
Kootenai Tribe of Idaho, and the Bonneville Power Administration have 
either jurisdiction or interest and will participate as cooperating 
agencies or government entities in the preparation of this EIS. The 
USDA Forest Service and the Montana Department of Environmental Quality 
have agreed to be the Lead Agencies for this project. Other 
governmental agencies and any public that may be interested in or 
affected by the proposal are invited to participate in the scoping 
process, which is designed to obtain input and to identify potential 
issues relating to the proposed project.

Responsible Officials

    Bob Castaneda, Forest Supervisor, Kootenai National Forest, 1101 
U.S. Hwy 2 West, Libby, MT 59923 and Richard Opper, Director, Montana 
Department of Environmental Quality, Director's Office, 1520 E 6th 
Ave., Helena, MT 59620-9601, will be jointly responsible for the EIS. 
These two agencies will make a decision regarding this proposal after 
considering comments and responses pertaining to environmental 
consequences discussed in the Final EIS and all applicable laws 
regulations, and policies. The decision of a selected alternative and 
supporting reasoning will be documented in a Record of Decision.

Preliminary Issues and Alternatives

    The EIS will consider a range of alternatives based on the issues, 
concerns, and opportunities associated with the Montanore Project.
    A preliminary identification of issues, concerns, and opportunities 
are:
     What effect would the proposed project have on the Cabinet 
Mountains Wilderness?
     How would the project affect wildlife, especially grizzly 
bear and bull trout?
     How might the quantity and quality of water in the project 
area be affected?
     How stable would the proposed tailings impoundment 
facility be, and to what degree would the site be reclaimed following 
mine closure?
     What would be the social and economic effects to local 
communities?
     What would be the cumulative effects of the Montanore 
Project and other past, present and reasonably foreseeable activities 
including the permitted Rock Creek Mine?
    Two primary alternatives will be considered: A No Action 
Alternative and an alternative to approve the project as Proposed. 
Other alternatives will be developed that consist of modifications of, 
or changes to various elements comprising the proposal.

Nature of Decision To Be Made

    The nature of the decision to be made is to select an action that 
meets the legal rights of the proponent, while protecting the 
environment in compliance with applicable laws, regulations and policy. 
The Forest Supervisor will use the EIS process to develop the necessary 
information to make an informed decision as required by 36 CFR part 228 
subpart A. Based on the alternatives developed in the EIS, the 
following are possible decisions:
    (1) An approval of the Plan of Operations as submitted;
    (2) An approval of the Plan of Operations with changes, and the 
incorporation of mitigations and stipulations that meet the mandates of 
applicable laws, regulations, and policy;
    (3) Denial of the Plan of Operations if no alternative can be 
developed that is in compliance with applicable laws, regulations and 
policy.

Permits or Licenses Required

    Various permits and licenses are needed prior to implementation of 
this project. Permits or licenses required by the issuing agencies 
identified for this proposal are:
     Approval of Plan of Operations from the Kootenai National 
Forest
     Hardrock Mine Operating Permit from the Montana Department 
of Environmental Quality
     Air Quality Permit from the Montana Department of 
Environmental Quality

[[Page 40688]]

     Storm Water Permit and Montana Pollution Discharge 
Elimination System (MPDES) Permit from the Montana Department of 
Environmental Quality
     404 Permit from the U.S. Army Corps of Engineers
     Water Rights Permit from the Montana Department of Natural 
Resources and Conservation
     310 Permit from the Montana Department of Fish, Wildlife 
and Parks and Lincoln County Conservation District
     Special Use Permits from the Kootenai National Forest
     Major Facility Siting Act (MFSA) Certificate of Compliance 
from the Montana Department of Environmental Quality.

Comment Requested

    This Notice of Intent initiates the scoping process, which guides 
the development of the EIS. At this stage of the planning process, 
site-specific public comments are being requested to determine the 
scope of the analysis, and identify significant issues and alternatives 
to the Proposed Action. The estimated date for issuance of the draft 
environmental impact statement is May 2006.

Scoping Process

    The Forest Service, in conjunction with Montana State agencies, 
will hold public scoping meetings in Libby, Montana, Bonners Ferry, 
Idaho; and noxon, Montana during the week of August 15, 2005. Specific 
location and time of the meetings will be published in the local 
newspapers approximately one week prior to the meeting date. A scoping 
document is available upon request or an electronic copy may be viewed 
at: http://www.fs.fed.us/rl/kootenai/projects/montanore.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft EIS will be prepared for comment. The comment period on the 
draft EIS ends 60 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 the public 
participation in the environmental review process. First, reviewers of 
a draft EIS 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 EIS stage but that are not raised 
until after completion of the final EIS 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 60 day comment period so that substantive comments and 
objections are made available to the Forest Service at a time when it 
can meaningfully consider and respond to them in the final EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the Proposed Action, comments on the draft EIS should 
be as specific as possible. It is also helpful if comments refer to 
specific pages or chapters of the draft EIS. Comments may also address 
the adequacy of the draft EIS 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: July 7, 2005.
Cami Winslow,
Acting Forest Supervisor, Kootenai National Forest.
[FR Doc. 05-13846 Filed 7-13-05; 8:45 am]
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