[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Pages 18250-18253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07587]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[14X LLIDI02000.13300000.EO0000 241A; 4500070627]

DEPARTMENT OF AGRICULTURE

Forest Service


Notice of Intent To Prepare an Environmental Impact Statement for 
the Proposed East Smoky Panel Mine Project at Smoky Canyon Mine, 
Caribou County, ID

AGENCY: Bureau of Land Management, Interior; United States Forest 
Service, USDA.

ACTION: Notice of intent.

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SUMMARY: In compliance with the National Environmental Policy Act 
(NEPA) of 1969, the Federal Land Policy and Management Act (FLPMA) of 
1976, the Mineral Leasing Act of 1920, as amended, and the National 
Forest Management Act of 1976, notice is hereby given that the 
Department of the Interior, Bureau of Land Management (BLM), Pocatello 
Field Office, Pocatello, Idaho, and the U.S. Department of Agriculture, 
Forest Service (USFS), Caribou-Targhee National Forest (CTNF), Idaho 
Falls, Idaho, will jointly prepare an environmental impact statement 
(EIS). The purpose of this EIS is to analyze the potential effects of 
approving a proposed lease modification and phosphate mine and 
reclamation plan (M&RP) (the Proposed Action) on Federal mineral leases 
held by the J.R. Simplot Company (Simplot), in southeastern Idaho; and 
to amend the CTNF Revised Forest Plan (2003) in conjunction with the 
project. In connection with its review of the Proposed Action, the EIS 
will also consider potential amendments to the CTNF Revised Forest Plan 
(2003). The BLM, as the Federal lease administrator, will serve as the 
lead agency and the USFS as the co-lead agency. The Idaho Department of 
Environmental Quality and the Idaho Department of Lands are cooperating 
agencies. This notice is announcing the beginning of the scoping 
process to solicit public comments and identify issues for analysis.

DATES: To ensure that comments will be considered, the BLM must receive 
written comments on the scope of the analysis described in this notice 
by May 4, 2015. The BLM will announce meetings and any other public 
involvement activities at least 15 days in advance through public 
notices, media news releases, and/or mailings. All comments must be 
received prior to the close of the 30-day scoping period or 15 days 
after the last public meeting, whichever is later, to be considered in 
the draft EIS. We will provide additional opportunities for public 
participation upon publication of the draft EIS.

ADDRESSES: You may submit written comments to: East Smoky Panel Mine 
EIS, C/O Stantec, formerly JBR Environmental Consultants, Inc., 8160 
South Highland Drive, Sandy, Utah 84093, or via email at: 
[email protected]. Please reference ``East Smoky Panel Mine EIS'' 
on all correspondence.

FOR FURTHER INFORMATION CONTACT: Steve Opp, Bureau of Land Management, 
Pocatello Field Office, 4350 Cliffs Drive, Pocatello, ID 83204, phone 
208-478-6382. Scoping

[[Page 18251]]

information will also be available at the BLM's website at: http://www.blm.gov/id/st/en/get_involved/nepa.html, or the USFS Web site at: 
http://www.fs.fed.us/nepa/nepa_project_exp.php?project=44748. 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 Mr. Opp. You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: Simplot has submitted a proposed lease 
modification and M&RP for agency review for the East Smoky Panel leases 
(IDI-015259, IDI-026843, and IDI-012890) at the Smoky Canyon phosphate 
mine in Caribou County, Idaho. The Smoky Canyon mine, which Simplot 
operates, is located approximately 10 miles southwest of Afton, 
Wyoming, and approximately 5 miles west of the Idaho/Wyoming border. 
The proposed lease modification and M&RP for the East Smoky Panel of 
the Smoky Canyon mine would affect Federal phosphate leases 
administered by the BLM situated on National Forest System (NFS) lands, 
on unleased parcels of NFS lands (where a Special Use Authorization 
would be required), and on split estate land, where the surface estate 
is in private ownership and the subsurface estate (including rights to 
develop the mineral resources) is held by the Federal government under 
BLM management. The NFS lands involved lie within the Soda Springs 
Ranger District of the CTNF. The existing leases grant Simplot 
exclusive rights to mine and otherwise dispose of the federally owned 
phosphate deposit at the site. The M&RP submitted for approval details 
the manner in which Simplot proposes to exercise its mine development 
rights and constitutes the Proposed Action for purposes of the EIS.
    The Proposed Action includes: (1) Development and reclamation of an 
open pit phosphate mine; (2) development and reclamation of mine 
infrastructure such as transmission lines, access roads, and other 
miscellaneous disturbances; (3) project-related lease modifications, 
such as the proposed modification of Lease IDI-015259 by adding 120 
acres along the southwest side of the existing lease for mining-related 
disturbance; and (4) amendment of the CTNF Revised Forest Plan (2003) 
to address changes in the surface land management within the CTNF. In 
the proposed EIS, the BLM and the USFS will analyze the environmental 
impacts of approving potential lease modifications, the M&RP, and the 
Forest Plan Amendment. The EIS will also analyze the environmental 
impacts of reasonable alternatives to the Proposed Action. 
Additionally, the EIS will consider regional mitigation strategies for 
addressing the effects to wildlife habitat from phosphate mining. The 
Pocatello Field Office is currently developing these strategies.
    Agency Decisions: The BLM Idaho State Director or delegated 
official will approve, approve with modifications, or deny the proposed 
lease modification and M&RP. The Director will base his decision on the 
EIS and any recommendations the USFS may have regarding surface 
management of leased NFS lands.
    The USFS CTNF Supervisor will decide whether to amend the CTNF 
Revised Forest Plan. In addition, the CTNF Supervisor will make 
decisions on mine-related activities occurring off-lease within the 
CTNF. Special Use Authorizations from the USFS would be necessary for 
any off-lease structures located within the CTNF (e.g., relocated 
transmission lines, mine access roads, and miscellaneous disturbances). 
The USFS CTNF Supervisor will also make recommendations to the BLM 
concerning surface management and mitigation on leased lands within the 
CTNF.
    The Army Corps of Engineers may also make decisions related to 
permits under Section 404 of the Clean Water Act.
    Background: The BLM and the USFS authorized existing Smoky Canyon 
mining and milling operations in 1982, when the BLM issued a mine plan 
approval and the USFS issued Special Use Authorizations for off-lease 
activities. The agencies supported these decisions in the Smoky Canyon 
Mine Final EIS and Record of Decision (ROD). Mining operations began in 
Panel A in 1984 and have continued ever since with the mining of Panels 
A through G. Simplot submitted a proposed lease modification and M&RP 
for the East Smoky Panel in November 2013. The proposed East Smoky 
Project Area is located approximately one-half mile directly east of 
Panel A and, in the northern portion, adjacent to Panel B. A 
supplemental EIS for mining of Panels B and C, which addressed selenium 
issues and additional endangered species, was prepared in 2002; a 
subsequent ROD approved mining of Panels B and C. The BLM and USFS 
approved the mining of Panels F and G in 2008 and are in the process of 
publishing a Final EIS for the Panels F and G Lease and Mine Plan 
Modification Project.
    The proposed M&RP provides for mining to occur over 12 years, with 
concurrent reclamation on both USFS and split estate lands to be 
completed in 2 to 3 years after cessation of mining. Development of the 
East Smoky Panel would consist of a single north-south linear open pit 
that would be mined sequentially in six distinguishable phases, 
beginning at the north end and ending at the south end of the pit on 
split estate land where Simplot owns the surface estate.
    During mining in the northern portion of the East Smoky pit, 
overburden would be placed directly on the existing reclaimed Panel B 
pit, elevating contours to be closer to pre-mining topography than the 
currently approved final pit contours for Panel B. Overburden from the 
middle and southern portions of the East Smoky pit would be backfilled 
in the pit for concurrent reclamation. The East Smoky in-pit backfill 
would be maximized and there would be no external overburden placement, 
with the exception of some low-seleniferous overburden, which would be 
used in haul road and ramp construction. The proposal includes 
construction of an external haul road, which would run along the length 
of the ultimate East Smoky Panel. Chert and limestone from pit 
overburden operations would be used for coarse and durable armor in 
haul roads, water control ditches, culverts, and pond designs. All 
seleniferous overburden would receive a geologic store-and-release 
cover system consisting of chert, overlain by Dinwoody and/or Salt Lake 
Formation, and a topsoil layer.
    Under the proposed M&RP, approximately 37 acres of the proposed pit 
would be constructed on presently unleased NFS land and backfilled with 
selenium-bearing waste rock. This would require modification 
(expansion) of Lease IDI-015259 by 120 acres. In addition to the pit 
and haul roads, new disturbance associated with development of the East 
Smoky Panel would include creation of topsoil stockpiles, reclamation 
material borrow areas, storm water ponds and ditches, and a possible 
dewatering pipeline. Two existing transmission lines that cross the 
proposed East Smoky Panel Project Area would have to be rerouted around 
the proposed open pit area. The 25-kilovolt (kV) transmission line 
crossing the northern portion of the Project Area would be relocated to 
the eastern edge of the existing Panel B disturbance. The 115-kV 
transmission line crosses the southern portion of the Project Area in

[[Page 18252]]

an existing utility corridor, as required by the CTNF Revised Forest 
Plan, and would be relocated around the southern end of the proposed 
open pit. Relocating the utility corridor associated with the 
transmission line would require amending the CTNF Revised Forest Plan. 
Mining-related developments on unleased NFS land would require USFS 
Special Use Authorizations.
    Total disturbance associated with the East Smoky Panel development 
would be approximately 847 acres, of which approximately 837 acres 
(nearly 99 percent) would be reclaimed, consistent with applicable 
Federal, State and local laws. Approximately 10 acres of pit 
disturbance on split estate land where Simplot owns the surface estate 
would not be reclaimed. The total new disturbance would be 699.9 acres, 
and 147.1 acres would be re-disturbance of the Smoky Canyon Mine at 
Panel B. On-lease disturbance of NFS land would be 438.7 acres with an 
additional 91.9 acres of NFS land disturbed off lease, which would 
require Special Use Authorizations from the USFS. Disturbance on split 
estate land on lease would be 217 acres and split estate land off-lease 
disturbance would be 99.4 acres. Total disturbance from external pit 
roads would be approximately 74 acres.
    Simplot proposes reclamation activities that include backfilling 
mine pits, placing a store- and-release cover over waste rock, grading 
to return disturbed areas to more natural contours, re-establishing 
drainage patterns, and revegetation. Rocky pit walls comprise the 
unreclaimed two percent of the disturbance. The EIS will assess 
Simplot's proposed reclamation activities for compliance with the 
mandates and objectives in applicable Federal land use plans, including 
the CTNF Revised Forest Plan and the BLM Pocatello Resource Management 
Plan.
    Ore from the new East Smoky Panel would be trucked to the existing 
Smoky Canyon mill facilities over new and existing haul roads to be 
concentrated. The existing slurry pipeline system would transport ore 
concentrate from the mill to the Simplot fertilizer plant in Pocatello, 
Idaho. Mill tailings would continue to be deposited in the currently 
approved and permitted tailings disposal facilities located on Simplot 
property east of the mine. The existing Smoky Canyon Mine facilities 
are adequate for use in the East Smoky Panel operations. These 
facilities include the main office, security building, septic system 
and parking; ore stockpile; mill and shop complex; tailings pond, 
slurry pipeline; culinary and production wells; water storage tanks, 
substation, and blasting supply storage.
    The BLM and USFS will use NEPA public participation requirements to 
assist the agency in satisfying public involvement under the National 
Historic Preservation Act (NHPA) (54 U.S.C. 306108) pursuant to 36 CFR 
800.2(d)(3). The information about historic and cultural resources 
within the area potentially affected by the Proposed Action will assist 
in identifying and evaluating impacts to such resources in the context 
of both NEPA and the NHPA.
    The BLM and the USFS will consult with Indian tribes on a 
government-to-government basis in accordance with Executive Order 13175 
and other policies. Tribal concerns, including impacts to treaty rights 
and potential impacts to cultural resources, will be given due 
consideration. Federal, State, and local agencies, along with tribes 
and other stakeholders that may be interested in or affected by the 
Proposed Action are invited to participate in the scoping process and, 
if eligible, may request or be requested by the BLM or the USFS to 
participate in the development of the environmental analysis as a 
cooperating agency.
    Alternatives and Schedule: At a minimum, the EIS will analyze the 
Proposed Action and the No Action Alternative. Under the No Action 
Alternative, the proposed M&RP for development of the East Smoky Panel 
and Special Use Authorizations would not be approved, existing Federal 
mineral leases would not be modified, the CTNF Revised Forest Plan 
would not be amended. Mining pursuant to existing authorizations at 
other panels of the Smoky Canyon Mine would continue as currently 
authorized. In this case, Simplot would retain and be eligible to 
invoke the mining rights granted in their existing Federal leases at 
another time, with a revised M&RP that meets all regulatory and other 
established requirements. Other alternatives may be considered that 
could provide mitigation of potential impacts.
    The tentative EIS project schedule is as follows:
     Begin public scoping period and meetings: Spring 2015.
     Release draft EIS and associated comment period: Summer 
2016.
     Final EIS publication: Spring 2017.
     Record of Decision: Spring/Summer 2017.
    Scoping Procedure: The scoping procedure for this EIS will involve 
notification in the Federal Register; a mailing to interested and 
potentially affected individuals, groups, and Federal, State, and local 
government entities requesting input; news releases or legal notices; 
and public scoping meetings.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so. Comments will be available for public review at the BLM 
office listed above during regular business hours (8:00 a.m. to 4:30 
p.m.), Monday through Friday, except Federal holidays.
    The BLM and the USFS are seeking information and written comments 
concerning the Proposed Action from Federal, State, Tribal, and local 
agencies, individuals, and organizations interested in, or affected by, 
the Proposed Action or the No Action Alternative. To assist the BLM and 
the USFS in identifying issues and concerns related to the Proposed 
Action, scoping comments should be as specific as possible. 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 part 218 Subparts A and B. Only those who submit specific written 
comments on the Proposed Action, either during scoping or other 
designated opportunity for public comment, will be eligible as 
objectors (36 CFR 218.5). BLM appeal procedures found in 43 CFR part 4 
apply to the portion of the project related to the development of 
Federal mineral estate including the Federal lease(s).
    At least three ``open-house'' style public scoping meetings will be 
held during which the public may view displays explaining the project 
and ask questions and comment on the project. Meetings are planned to 
be held in Pocatello and Fort Hall, Idaho, and Afton, Wyoming. The 
dates, times, and locations of the public scoping meetings will be 
announced in mailings, public notices and news releases issued by the 
BLM and on the BLM Web site.

    Authority: 16 U.S.C. 1600 et seq.; 42 U.S.C. 4321 et seq.; 40 
CFR 1500-1508; 43 CFR 46;

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30 U.S.C. 181 et seq.; 43 U.S.C. 1701 et seq.; AND 43 CFR 3590.

Karen Rice,
Acting District Manager, Idaho Falls District, Bureau of Land 
Management.
Garth Smelser,
Forest Supervisor, Caribou-Targhee National Forest.
[FR Doc. 2015-07587 Filed 4-2-15; 8:45 am]
 BILLING CODE 4310-GG-P