# Supplement to the Draft Environmental Impact Statement for ASARCO's Rock Creek Project, Copper/Silver Mine, Kootenai National Forest, Sanders County, MT > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A97-20897 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** August 15, 1997 - **Citation:** 62 FR 43692 ## Text DEPARTMENT OF AGRICULTURE Forest Service Supplement to the Draft Environmental Impact Statement for ASARCO's Rock Creek Project, Copper/Silver Mine, Kootenai National Forest, Sanders County, MT AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare a supplement to the draft environmental impact statement. ----------------------------------------------------------------------- SUMMARY: The USDA Forest Service, Kootenai National Forest (KNF) in conjunction with Montana Department of Environmental Quality (DEQ) will prepare a Supplement to the Draft Environmental Impact Statement (SDEIS) for ASARCO's proposal to develop the Rock Creek copper/silver mine project approximately 5 miles northeast of Noxon, Montana. The original notice of intent was published in the Federal Register, Volume 53, No. 9, January 14, 1988. A number of items including lead agency, mine water disposal, release date of the SDEIS have changed since 1988. This revised notice describes the current situation. The KNF and DEQ are joint lead agencies in this effort. Joint lead status will allow both agencies to fulfill their interrelated responsibilities in managing the process for preparation of the draft, supplement and final EIS documents under the guidelines of the National Environmental Policy Act and the Montana Environmental Policy Act, respectively. The DEQ administers the 1971 Montana Metal Mine Reclamation Act. The purposes of the act are, first, to recognize and protect the usefulness, productivity, and scenic values of the lands and waters within the state and second, to reclaim to beneficial use the lands used for metal mines. The Forest Service has the responsibility for managing the uses of the Federal surface land and resources. This SDEIS is being prepared because there is new information relevant to environmental concerns abut the proposed action (40 CFR part 1502.9(c)(1) (i & ii). The revised notice of intent to prepare the draft environmental impact statement (DEIS) was published in the May 27, 1993, Federal Register (Vol. 58, No. 101). The notice of availability for the ASARCO Rock Creek Copper and Silver Mining Project DEIS was published in the October 6, 1995, Federal Register (Vol. 60, No. 194). The public comment received on the DEIS has lead the Agencies to take a look at revising some proposed portions of the operation. A new alternative (Alt. V) has been developed which includes the surface deposition of tailings as a paste, and a water treatment system using a semi-passive bioreactor and a reverse osmosis process. The concentrate from the mill would be pumped to an enclosed rail loadout facility. There are also changes in mitigations for the project which [[Page 43693]] include change in: the type of diesel engines used, the type of pipe used to transport materials and the depth buried, the use of seepage collection features, the design intensity for storm diversions and ponds, the busing of employees, the closing of roads and additional monitoring. The public will be informed of the availability of the SDEIS by a notice of availability in the Federal Register, news releases and mailings of those on the mailing list. The anticipated date of release of the SDEIS for comment is Fall, 1997. DATES: Specific comments concerning the scope of the analysis should be submitted by September 15, 1997. ADDRESSES: The responsible official is Robert Schrenk, Forest Supervisor, Kootenai National Forest. Written comments and suggestions concerning the re-analysis and the proposed SDEIS should be sent to the responsible official at 506 U.S. Highway 2 West, Libby, MT 59923. FOR FURTHER INFORMATION: Paul Kaiser, Project Coordinator, Kootenai National Forest. Phone: (406) 293-6211. SUPPLEMENTARY INFORMATION: A new alternative (V) was developed to address the new information received and concerns raised since release of the DEIS on October 6, 1995. Original Proposed Action ASARCO's proposal, which was submitted in 1987, includes constructing a 10,000 ton per day mine and mill complex to develop their stratiform copper/silver ore deposit which is located under the Cabinet Mountains Wilderness. The ore would be accessed via tunnels starting outside and downslope from the wilderness boundary. ASARCO estimates an ore reserve of 136 million tons and mine recovery rate of 65 percent. ASARCO projects the estimated mine life (from beginning through reclamation) to be 32 years. The mine is estimated to employ 305-355 people. Parts of the project would be on National Forest System land with the remainder on private land. Facilities would include a tailings impoundment approximately 250' high and 324 acres in size, a new access road, utility corridor, water lines, wells, mill site, water treatment site, and rail loadout facility. An exploration adit is proposed to further define the ore body. Two parallel adits (horizontal access passages) would be drilled, one would be used for the ore conveyor and the other for mine access. Two ventilation adits are proposed, one to have its surface opening within the wilderness and the other would use the proposed exploration adit outside the wilderness. Excess mine water is proposed to be discharged to the Clark Fork River after being treated to State water quality standards. New Alternative The new alternative (Alt. V) proposal includes activities on approximately 483 acres. Alternative V has been developed which includes the surface deposition of tailings as a paste, and a water treatment system using a semi-passive bioreact0r and a reverse osmosis process. The concentrate from the mill would be pumped to an enclosed rail loadout facility. There are also changes in mitigations for the project which include change in: the type of diesel engines used, the type of pipe used to transport materials and the depth buried, the use of seepage collection features, the design intensity for storm diversions and ponds, the busing of employees, the closing of roads and additional monitoring. Reviewer Obligations The Forest Service believes it is important to give reviewers notice at this early stage because 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. 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 supplement to 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 supplemental statement. Comments may also address the adequacy of the supplemental to 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.). Dated: July 31, 1997. Robert L. Schrenk, Forest Supervisor, Kootenai National Forest. [FR Doc. 97-20897 Filed 8-14-97; 8:45 am] BILLING CODE 3410-11-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-20897. Public record. Not legal advice.