[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Pages 44958-44959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17667]


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

DEPARTMENT OF AGRICULTURE

Forest Service


The Manti-La Sal National Forest, Sanpete Ranger District, Utah, 
Sunroc Gypsum Surface Mine Plan of Operation

AGENCY: Forest Service, USDA.

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

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

SUMMARY: Sunroc Corporation has submitted a Plan of Operations (the 
Plan) proposing continued gypsum surface mining operations in the 
Chicken Creek East and Chicken Creek West mines and proposes opening 
another pit on it's existing adjacent claims. The location of the mine 
is in Juab County, Utah, approximately 2 miles east of the town of 
Levan in portions of Section(s) 33 and 34, T14S, R1E, and Section 4, 
T15S, R1E, SLB&M. In response, the Manti LaSal National Forest is 
preparing an Environmental Impact Statement to analyze the 
environmental effect of the proposed Plan and determine whether to 
approve the Plan as proposed or to require additional mitigation 
measures to protect the environment.

DATES: Comments concerning the scope of the analysis must be received 
by 30 days after the publication of the NOI. The draft environmental 
impact statement is expected November, 2008 and the final environmental 
impact statement is expected January, 2009.

ADDRESSES: Send written comments to Rod Player, Acting Forest 
Supervisor, Manti LaSal National Forest, 599 West Price River Drive, 
Price, Utah 84501.
    For further information, mail correspondence to Tom Lloyd, Team 
Leader, by mail: Box 310, Ferron, Utah 84523.

FOR FURTHER INFORMATION CONTACT: To Tom Lloyd, Team Leader by mail: Box 
310, Ferron, Utah, 84523. The Plan of Operation is available for public 
review (36 CFR 228.6) at the District Ranger's Office, 540 North Main, 
Ephraim, Utah 84627-1117.

Purpose and Need for Action

    Sunroc Corporation has submitted a Plan of Operations for continued 
mining in the Chicken Creek East and Chicken Creek West mines and 
proposed mining in the Upper Chicken Creek West area.

[[Page 44959]]

The purpose of this EIS is to provide a timely evaluation of the 
environmental impacts of the proposed plan of operation and determine 
whether to approve the Plan as proposed or to require additional 
mitigation measures to protect the environment (in accordance with 
Forest Service regulations for locatable minerals).
    The need for action is to allow Sunroc Corporation to exercise 
their rights under U.S. mining laws. Sunroc has a right to develop its 
claims as set forth by the General Mining Law of 1872 as amended. These 
laws provide that the public has a statutory right to conduct 
prospecting, exploration, and development activities (1872 Mining Law 
and 1897 Organic Act), provided they are reasonably incident (1955 
Multiple Use Mining Act and case law) to mining and comply with other 
federal laws.
    The Forest Service has the responsibility to protect surface 
resources. Mining regulations state that ``operations shall be 
conducted so as, where feasible, to minimize adverse environmental 
effects on Nation Forest System surface resources (36 CFR 228.8)'' 
provided such regulation does not endanger or materially interfere with 
prospecting, mining, or processing operations or reasonably incident 
uses (1955 Multiple Use Mining Act and case law).

Proposed Action

    The proposed federal action is to approve Sunroc Corporation's Plan 
of Operation with mitigations needed to protect other non-mineral 
surface resources consistent with Forest Plan, regulations, and other 
applicable laws.

Possible Alternatives

    1. No Action, 2. Approve the Plan as presented, 3. Approve the Plan 
as presented by Sunroc Corporation, with stipulations necessary to 
protect the non-mineral resources of the area.

Responsible Official

    Rod Player, Acting Forest Supervisor, Manti LaSal National Forest, 
599 West Price River Drive, Price, Utah 84501.

Nature of Decision To Be Made

    The federal action being considered in this environmental analysis 
is the Forest Service decision to approve the proposed Plan as 
submitted, or to decide what additional mitigations are needed to 
protect other resources as provided for in 36 CFR 228.8.

Scoping Process

    Scoping will include NOI to Federal Register, listing in the 
Quarterly Schedule of Proposed Actions, letters to interested and 
affected individuals, agencies, and organizations, and legal notices. 
No public meeting is planned.

Preliminary Issues

    Some of the proposed mining area is in inventoried roadless area, 
in key winter range, and the proposed disturbance does not meet visual 
quality objectives of the Forest Plan.

Permits or Licenses Required

    The approved Plan of Operation authorizes mining. Operations must 
be consistent with Forest Service Conditions of Approval, and other 
applicable laws and regulations.

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 30-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: July 21, 2008.
Rod Player,
Acting Forest Supervisor.
[FR Doc. E8-17667 Filed 7-31-08; 8:45 am]
BILLING CODE 3410-11-P