Zaca Mine Project; Toiyabe National Forest, Alpine County, CA

DEPARTMENT OF AGRICULTURE

Zaca Mine Project; Toiyabe National Forest, Alpine County, CA

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 and Alpine

County Planning Department will be jointly preparing an Environmental

Impact Statement/Report (EIS/EIR) for the proposed development of an

open pit/heap leach gold and silver mining project in Alpine County,

California. Preparation of the EIS will be assisted by a third party

contractor, funded by the proponent, Western States Minerals

Corporation (WSM).

dates: Comments concerning the scope of the analysis should be received

in writing no later than March 27, 1995.

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

Supervisor, Toiyabe National Forest, 1200 Franklin Way, Sparks, Nevada

89431.

for further information contact: Direct questions about the proposed

project and preparation of the EIS to Maureen Joplin, Project Team

Leader, Toiyabe National Forest. Telephone: 702-355-5394.

supplementary information: Western States Minerals Corporation (WSM)

has filed a proposed Plan of Operations (POO) for an open pit/cyanide

heap leach gold/silver mine in Alpine County, California. The project

is located approximately four miles southeast of Markleeville in

sections 29,30,31 and 32, T10N R21E, M.D.M. Total area of proposed

disturbance is [[Page 7519]] 228 acres. Forest Service review of the

project is required to minimize impacts to natural resources, to

develop an approved plan of operations pursuant to regulations at 36

CFR 228, and to coordinate permitting with other state and federal

agencies. Alpine County will review the proposal for a Conditional Use

Permit consistent with planning and zoning and for consistency with

California's Surface Mining and Reclamation Act. Alpine County and

Forest Service will act as joint lead agencies for the project review.

Scoping of interested agencies began with a meeting on January 24,

1995. Public comments will be requested through notices published in

the Reno Gazette-Journal, Douglas County Record-Courier, Alpine

Enterprise, Nevada Appeal, and Tahoe Daily Tribune, through direct

mailings, and through a public meeting to be held at Turtle Rock Park,

Alpine County on February 22, 1995. Copies of the proposed operating

plan may be viewed at the Carson and Bridgeport Ranger District offices

(Carson City, NV and Bridgeport, CA), and at the Forest Supervisor's

office (Sparks, NV). Forest Service and Alpine County evaluated a

similar project at the same location in 1982. An environmental

assessment/environmental (EA/EIR) impact report was written, and the

project approved but never implemented. Copies of the 1982 EA/EIR are

available for review at the Forest Supervisor's office, and at the

Carson and Bridgeport Ranger Districts. Preliminary issues associated

with the project are water quality in Monitor Creek and the East Fork

of the Carson River, impacts to wetlands, reclamation of disturbed

areas, public safety, and socioeconomic impacts. Alternatives will be

formulated which address these and any other issues generated by

scoping; the no action alternative will also be analyzed. A draft EIS/

EIR is anticipated for release in January of 1996.

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,

California Regional Water Quality Control Board, California Dept. of

Fish and Game and California Dept. of Transportation. Additional

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 federal agency for this project and

R.M. ``Jim'' Nelson, Forest Supervisor of the Toiyabe National Forest

is the responsible official. The Draft EIS is expected to be filed with

the U.S. Environmental Protection Agency (EPA) and be available for

review in January of 1996. 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 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 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: January 31, 1995.

Gary Sayer,

Deputy Forest Supervisor, Toiyabe National Forest.

[FR Doc. 95-3077 Filed 2-7-95; 8:45 am]

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