DASH Mining Project; Humboldt National Forest, Elko County, NV

Federal RegisterNov 16, 1994

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SUMMARY: The Department of Agriculture, Forest Service will be

directing the preparation of an Environmental Impact Statement (EIS)

for the proposed development of an open pit and underground gold mining

project in Elko County, Nevada. This EIS will be prepared by contract

and funded by the proponent, Independence Mining Company Inc. (IMC).

DATES: A public scoping meeting will be held December 12, 1994 at the

Red Lion Inn and Casino, 2065 E. Idaho St., Elko, Nevada at 7:00 p.m.

Two informal open houses will also be held. The first will be held at

the Independence School, Tuscarora, Nevada on December 13, 1994 between

4 and 7 p.m. The second open house will be held at the Holiday Inn,

1000 6th Street, Reno, Nevada on December 14, 1994 between 3 and 7 p.m.

Written comments concerning the scope of the analysis should be

received by December 19, 1994 to ensure timely consideration.

ADDRESSES: Send written comments to: R.M. ``Jim'' Nelson, Acting Forest

Supervisor, Humboldt National Forest, 2035 Last Chance Road, Elko,

Nevada 89801.

FOR FURTHER INFORMATION CONTACT:

Direct questions about the proposed project and preparation of the EIS

to Mary Beth Marks, Project Team Leader, Humboldt National Forest, 2035

Last Chance Road, Elko, Nevada 89801. Telephone: 702-738-5171.

SUPPLEMENTARY INFORMATION: IMC has submitted to the Humboldt National

Forest, a Proposed Plan of Operations (POO) for additional mining

activities at its Jerritt Canyon Mine in Elko County, Nevada. The POO

describes the proposed mining development activities and operational

and reclamation procedures for the DASH Mining Project. The proposal

includes developing two open pits and mining of reserves by underground

methods. Waste rock dumps, soil stockpiles, pit backfills, ore

stockpiles, haul roads and support facilities would also be developed.

Ore would be processed at the existing Jerritt Canyon Millsite located

on BLM administered lands adjacent to the project site. The proposal

would affect approximately 700 acres of public and private lands.

Preliminary internal scoping has identified several issues which would

be addressed in the analysis process. The following list of issues is

not intended to be all inclusive. They are: impacts to ground and

surface water resources; impacts to grazing resources; impacts to

Waters of the United States including wetlands; mine economics;

threatened, endangered, and sensitive plant and wildlife species; and

visual resources. These issues and any others identified during the

scoping process may be used to develop alternatives to the proposed

action. In addition, the No Action alternative will be considered in

the analysis.

Public participation is important during the EIS scoping process.

As part of the scoping process, the Forest Service will be seeking

information and comments from Federal, State, County and local agencies

and other individuals or organizations who may be interested in or

affected by the proposed actions. This input will be used in the

preparation of the draft EIS and final EIS.

Several government agencies will be invited to participate in this

project as cooperating or participating agencies. These agencies

include, but are not limited to, U.S. Army Corps of Engineers, U.S.

Fish and Wildlife Service, U.S. Environmental Protection Agency, Nevada

Division of Environmental Protection, Nevada Division of Wildlife, and

Elko County Board of Commissioners. In addition to the Plan of

Operations, various Federal, State, and local permits and licenses may

be required to implement the proposed action. These may include, but

are not limited to, a Section 404 permit, Water Pollution Control

Permit, Reclamation Permit for Mining Operations, and a General

Discharge Permit for Stormwater.

The Forest Service is the lead agency for this project and R.M.

``Jim'' Nelson, Acting Forest Supervisor of the Humboldt National

Forest is the responsible official. He will make a decision to approve

the proposed Plan of Operations or one of the alternatives analyzed.

IMC's rights under the 1872 Mining Law as amended, applicable Forest

Service regulations and the Humboldt National Forest Land and Resource

Management Plan (1986) will be taken into account throughout the

analysis.

The Draft EIS is expected to be filed with the U.S. Environmental

Protection Agency (EPA) and be available for review in June of 1995. At

that time, EPA will publish a Notice of Availability of the Draft EIS

in the Federal Register.

The comment period on the Draft EIS will be at least 45 days from

the date the EPA's notice of availability appears in the Federal

Register.

The Forest Service believes, at this early stage, it is important

to give reviewers 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 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 or 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.

Dated: November 9, 1994.

R.M. ``Jim'' Nelson,

Acting Forest Supervisor, Humboldt National Forest.

[FR Doc. 94-28237 Filed 11-15-94; 8:45 am]

BILLING CODE 3410-11-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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