[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16422-16424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07012]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[13X LLIDI02000.L71220000.EO0000.LVTFD1300100 241A 4500074169]

DEPARTMENT OF AGRICULTURE

Forest Service


Notice of Availability of the Final Environmental Impact 
Statement for the Proposed Smoky Canyon Mine, Panels F and G Lease and 
Mine Plan Modification Project, Caribou County, ID

AGENCIES: Bureau of Land Management, Interior; United States Forest 
Service, Agriculture.

ACTION: Notice of availability.

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

SUMMARY: In accordance with the National Environmental Policy Act of 
1969 (NEPA), the Bureau of Land Management (BLM) and the U.S. 
Department of Agriculture, Forest Service (USFS), Caribou-Targhee 
National Forest (CTNF), have prepared a Final Environmental Impact 
Statement (EIS) for the proposed Smoky Canyon Mine, Panels F and G 
Lease and Mine Plan Modification Project, and by this Notice announce 
the availability of the document. A Draft USFS Record of Decision (ROD) 
is also being made available along with the Final EIS.

DATES: The BLM will issue its ROD no sooner than 30 days after the 
Environmental Protection Agency publishes its Notice of Availability 
(NOA) of the Final EIS in the Federal Register. A legal notice 
published in the newspaper of record of the Final USFS ROD will be 
released no sooner than five business days following the end of the 45-
day objection period after the Draft USFS ROD has been announced and 
made available.

ADDRESSES: CD-ROM and print copies of the Smoky Canyon Mine, Panels F & 
G Lease and Mine Plan Modification Project Final EIS and the Draft USFS 
ROD are available in the BLM Pocatello Field Office at the following 
address: 4350 Cliffs Drive, Pocatello, ID 83204. In addition, 
electronic copies of the Final EIS and the Draft USFS ROD are available 
at either of the Web addresses listed below:

 http://www.blm.gov/id/st/en/prog/nepa_register/smoky-canyon_panel-g.html
 http://www.fs.usda.gov/projects/ctnf/landmanagement/projects

FOR FURTHER INFORMATION CONTACT: Diane Wheeler, BLM Pocatello Field 
Office, 4350 Cliffs Drive, Pocatello, ID 83204, phone 208-557-5839, fax 
208-478-6376. Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 to contact the above individual during normal business hours. 
The FIRS is available 24 hours a day, 7 days a week, to leave a message 
or question with the above individual. You will receive a reply during 
normal business hours.

SUPPLEMENTARY INFORMATION: The J.R. Simplot Company (Simplot) submitted 
lease and mine plan modifications for agency review for the existing 
Panel F (lease IDI-27512) and Panel G (lease IDI-01441) leases at the 
Smoky Canyon Phosphate Mine within the CTNF in Caribou County, Idaho. 
The Smoky Canyon Mine, operated by Simplot, is located approximately 10 
miles west of Afton, Wyoming, and approximately 8 miles west of the 
Idaho/Wyoming border. The existing Smoky Canyon mining and milling 
operations were

[[Page 16423]]

authorized in 1982 by a mine plan approval issued by the BLM and 
special use authorizations issued by the USFS for off-lease activities, 
supported by the Smoky Canyon Mine Final EIS and ROD. Mining operations 
began in Panel A in 1984 and have continued since then with the mining 
of Panels A through E. In 2007, the BLM and USFS published a Final EIS. 
RODs approving a mining and reclamation plan for Panels F and G and 
associated off-lease disturbance were issued in 2008 (Final EIS and 
RODs available at: http://www.fs.usda.gov/detail/ctnf/landmanagement/resourcemanagement/?cid=FSM8_047870).
    The Final EIS for the Panels F and G Lease and Mine Plan 
Modification Project tiers to the 2007 Final EIS. Applicable 
information from the 2007 Final EIS is incorporated by reference 
throughout the Final EIS. Panel F is contiguous with the south end of 
the existing mine Panel E, and Panel G is located approximately one 
mile southwest of Panel F. Mining activities associated with Panel F 
were initiated in 2008 and are ongoing. Mining activities associated 
with Panel G have been initiated through the early stages of haul road 
construction.
    The proposed lease and mine plan modifications at Panels F and G of 
the Smoky Canyon Mine area would occur on Federal phosphate leases 
administered by the BLM, situated on National Forest System (NFS) 
lands, and on un-leased parcels of NFS lands. The NFS lands involved 
lie within the Montpelier and Soda Springs Ranger Districts of the 
CTNF. The existing leases grant the lessee, Simplot, exclusive rights 
to mine and otherwise dispose of the federally-owned phosphate deposit 
at the site.
    As directed by the Mineral Leasing Act of 1920, the BLM will 
evaluate the information in the Final EIS and respond to the lease and 
mine plan modifications and issue decisions related to the development 
of the phosphate leases. The BLM will review the impacts of 
alternatives to the Proposed Action, including the No Action 
Alternative, and decide whether to approve the proposed lease and mine 
plan modifications. The USFS will make recommendations to the BLM 
concerning surface management and mitigation on leased lands within the 
CTNF, and decisions on special use authorizations for off-lease 
activities. The BLM, as the Federal lease administrator, is the lead 
agency for the Final EIS. The USFS is the co-lead agency and the Idaho 
Department of Environmental Quality is a cooperating agency. The Final 
EIS was prepared to provide decision-makers and the public with an 
evaluation of the environmental impacts, including those that may have 
significant impacts resulting from the Proposed Action and from all 
reasonable action alternatives analyzed, as well as the No Action 
alternative.
    The Proposed Action, submitted in February 2013, consists of the 
agencies' approval of a proposal for lease and mine plan modifications 
for Panels F and G at the Smoky Canyon Mine. The proposed modifications 
to Panel F are related to the construction and use of an ore conveyance 
system between Panel F and the existing mill. The proposed conveyance 
system would generally follow the existing haul road and would deviate 
only where engineering constraints dictate (i.e., too tight a corner on 
the road to construct the conveyor due to vertical and/or horizontal 
design limitations), such as at the north end of Panel F where Simplot 
is requesting a special use authorization to construct a portion of the 
ore conveyor off lease. Construction of the conveyor would eliminate 
the need to haul ore to the mill via haul trucks from Panels F and G, 
although the haul road would remain open so that equipment could be 
transported to the shop for maintenance. The proposed 4.5-mile conveyor 
system would include a crusher and stockpile location on lease in Panel 
F.
    There are three components to the proposed modification of Panel G: 
(1) Modification (enlargement) of lease IDI-01441 by 280 acres to 
accommodate the expansion of the previously approved east overburden 
disposal area (ODA); (2) increase the on-lease disturbance area of the 
previously approved south ODA by 20 acres for the temporary storage of 
chert to be used for reclamation; and (3) utilization of a geosynthetic 
clay laminate liner (GCLL) instead of the currently approved geologic 
store and release cover over the in-pit backfill and the east external 
ODA. The current lease area for Panel G is not large enough to allow 
for maximum ore recovery and the necessary overburden disposal. 
Backfilling into the pit is limited due to existing topographic 
constraints, rehandling issues, and safety concerns when backfilling 
and mining concurrently within Panel G's pit configuration. The lease 
modification is necessary to accommodate all of the overburden 
generated from mining Panel G, as analyzed in the 2007 Final EIS. At 
the time the RODs for the 2007 Final EIS were issued, neither the BLM 
nor the USFS had the regulatory authority to approve Simplot's original 
plan for overburden storage. In 2009, the rules were modified giving 
the BLM authority to approve a lease modification for the purpose of 
overburden storage.
    Regional mitigation strategies for cumulative effects from 
phosphate mining to wildlife habitat are currently being developed in 
the Pocatello Field Office. However, regional mitigation will not be 
applied in this case because the proposed action would not result in 
impacts drastically different than those from the existing mine plan 
already approved in 2008 (evaluated as the No Action Alternative in the 
Final EIS).
    In an effort to further reduce or eliminate water quality impacts 
due to increasing the size of the currently approved mine, Simplot is 
proposing to cover all overburden that has potential to mobilize 
selenium and other contaminants in Panel G with a GCLL. Simplot 
believes that using a GCLL will result in increased long-term 
environmental protection and may lend itself to a more expeditious 
review of the proposed modifications. Stormwater control features are 
included in the proposal to address surface water run-off from the 
GCLL. It is estimated that up to 11 acres of new disturbance would be 
necessary for these stormwater features. Portions of these features 
would be situated on lease, within the proposed lease modification 
area, or off lease. Off-lease disturbance would require USFS special 
use authorization.
    Compared to the 1,340 acres analyzed in the 2007 Final EIS, the 
Proposed Action would add approximately 170 acres of new disturbance. 
This includes 8 acres for the ore conveyor system (mostly at the north 
end of Panel F); 20 acres for the Panel G south ODA expansion of 
temporary chert storage; 11 acres for stormwater control features to 
address run-off from the GCLL at Panel G; and 131 acres for the Panel G 
east seleniferous ODA expansion.
    Two additional Action Alternatives were developed to address 
concerns raised during public scoping for the Draft EIS about the long 
term durability and use of a synthetic liner such as a GCLL at Panel G 
and/or reducing the amount of new disturbance within the Inventoried 
Roadless Area (IRA). Alternatives 1 and 2 would include all components 
of the Proposed Action, but would limit use of the GCLL by utilizing 
the previously approved geologic store and release cover on portions of 
the disturbed areas. In addition, Alternative 2 would reduce the east 
ODA expansion within the Sage Creek IRA by approximately 45 acres and 
reduce the proposed lease modification area by approximately 40 acres. 
Alternative 2 is the Agency Preferred Alternative.

[[Page 16424]]

    Under the No Action Alternative in the Final EIS, the proposed 
lease and mine plan modifications and special use authorizations would 
not be approved, and mining would continue under the current mine plan 
as approved by the 2008 RODs. Under the No Action Alternative, Simplot 
estimates that approximately 50 percent of the phosphate ore in Panel 
G, previously considered economically recoverable, would not be mined 
but the overall disturbance would remain unchanged from the 2008 mine 
plan approval. In addition, the proposed conveyor system would not be 
approved, thus no new disturbance associated with the conveyor would 
occur. The previously approved geologic store and release cover would 
be used to limit or prevent the release of contaminants to the 
environment.
    A Notice of Intent (NOI) to prepare this EIS was published in the 
Federal Register on June 24, 2013. Publication of the NOI in the 
Federal Register initiated a 30-day public scoping period for the 
Proposed Action that provided for acceptance of written comments. The 
scoping process identified concerns that primarily involved impacts to 
water resources and watersheds, and selenium contamination, but also 
included potential effects and/or cumulative effects of the proposed 
project on IRAs, wetlands, climate change, socioeconomics, visual 
resources, and mitigation and monitoring for mine operations.
    The NOA for the Draft EIS was published in the Federal Register on 
May 30, 2014. A 45-day comment period on the Draft EIS commenced with 
publication of the Environmental Protection Agency's NOA of the Draft 
EIS, and ended on July 15, 2014. Agencies, organizations, and 
interested parties provided comments on the Draft EIS via mail, email, 
and public meetings. A total of seven comment letters were received. In 
developing responses to these comments, the agencies have added 
mitigation features to the Proposed Action and Alternatives 1 and 2 in 
the Final EIS, for example:
     An Adaptive Management Plan was added as an appendix, 
which addresses potential surface water and groundwater quality issues 
through an adaptive approach.
     A fourth wildlife crossing was incorporated into the 
design of the ore conveyor system at the Sage Creek drainage.
     Access to a series of proposed stormwater ponds at Panel G 
was revised to be south from the mine rather than north from the Wells 
Canyon Road, eliminating a segment of access road that would have 
impacted a small wetland area.
     Because the segment of access road to the proposed series 
of stormwater ponds was eliminated, disturbance and associated impacts 
to waters of the U.S., including wetlands, were eliminated. Therefore, 
a revised U.S. Army Corps of Engineers permit would not be required.
     Additional water quality data were added to the Final EIS.
     Specific information regarding the timing and construction 
of the GCLL was added to the Final EIS.
    The portion of the proposed project related to USFS special use 
authorizations for off-lease activities is subject to the objection 
process pursuant to 36 CFR 218 Subparts A and B. Instructions for 
filing objections will be provided in the legal notice published in the 
newspaper of record for the Draft USFS ROD. Objections will be accepted 
only from those who have previously submitted specific written comments 
regarding the proposed project either during scoping or other 
designated opportunities for public comment in accordance with 36 CFR 
218.5(a). Issues raised in objections must be based on previously 
submitted, timely, and specific written comments regarding the proposed 
project unless based on new information arising after designated 
opportunities. The portion of any subsequent decision issued by BLM 
regarding the proposed mine plan and lease modifications would be 
appealable under procedures found in 43 CFR 4.
    Please note that public comments and information submitted 
including names, street addresses, and email addresses of respondents 
will be available for public review and disclosure at the BLM Pocatello 
Field Office during regular business hours (8 a.m. to 4 p.m.), Monday 
through Friday, except holidays.

    Authorities:  42 U.S.C. 4321 et seq.; 40 CFR parts 1500-1508; 43 
CFR part 46; 43 U.S.C. 1701; 43 CFR part 3590; 16 U.S.C. 551; 36 CFR 
part 218; and 36 CFR part 251.50.

Joe Kraayenbrink,
District Manager, Idaho Falls District, Bureau of Land Management.
Garth Smelser,
Forest Supervisor, Caribou-Targhee National Forest.
[FR Doc. 2015-07012 Filed 3-26-15; 8:45 am]
 BILLING CODE 4310-GG-P