Yellow Band Mine; Dillon Ranger District; Beaverhead County, MT

DEPARTMENT OF AGRICULTURE

Forest Service

Yellow Band Mine; Dillon Ranger District; Beaverhead County, MT

AGENCY: Forest Service, USDA.

ACTION: Notice, intent to prepare environmental impact statement.

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SUMMARY: The Forest Service will prepare an environmental impact

statement (EIS) to evaluate the environmental effects of a proposed

mine operation, and to ensure that reasonable, practicable measures are

incorporated into the mine plan for protection and reclamation of

surface resources.

DATES: Initial comments concerning the scope of the analysis should be

received in writing no later than September 11, 1998.

ADDRESSES: Send written comments to Deborah L.R. Austin, Forest

Supervisor, Beaverhead-Deerlodge National Forest, 420 Barrett Street,

Dillon, MT 59725-3572.

FOR FURTHER INFORMATION CONTACT:

Katie Bump, Environmental Analysis Team Leader, Dillon Ranger District,

at the above address, or phone: (406) 683-3955.

SUPPLEMENTARY INFORMATION: The Forest Service will process a proposed

plan of operations for a small-scale open pit mine and cyanide heap

leaching facility, subject to constraints given by applicable laws and

policies, and in the 1986 Beaverhead National Forest Land and Resource

Management Plan.

The EIS will examine the effects of the proposal and alternatives.

The primary purpose of this analysis is to evaluate the environmental

effects of the proposed mine operation, and ensure that reasonable,

practicable measures are incorporated into the mine plan for protection

and reclamation of surface resources. The Forest Service will approve

the proposal if it complies with applicable legal requirements.

The mine was proposed by Yellow Band Mines Inc. in T. 6 S. R. 11 W.

Sec. 2 SE MPM, in the French Creek drainage of the southeast Pioneer

Mountains, about 14 miles northwest of Dillon. The project would

involve disturbing no more than 5 acres at a time in the mine area, and

a cyanide heap leach facility on less than 5 acres.

Scoping for the proposed action began with parties on the Forest

Service and State of Montana Dept. of Environmental Quality mailing

lists being notified by mail, in addition to news releases. A public

field tour of the mine site was held August 7. Copies of the proposed

mining plan of operations are available on request.

Some potential issues have been identified to date. The mine is

located within the municipal watershed of the City of Dillon. Possible

contamination of underground and surface water by cyanide from the

leaching process is a concern. Sediment from areas disturbed by mine

operations is also a concern in the drainage; French Creek is habitat

for a sensitive fish species, westslope cutthroat trout. The mine area

is also habitat for a sensitive plant species, Lemhi beardtongue. Bats

are present in at least one of the mine openings. Road safety on the

Forest Road below the mine area is a concern. Noxious weeds are present

in the mine area. French Creek Cave is just north of the mine area.

The operator has applied for a license to operate a cyanide

facility, and a Montana Pollution Discharge Elimination System (MPDES)

permit to the State of Montana Department of Environmental Quality.

Public participation is important to the analysis. Part of the goal

of public involvement is to identify additional issues and to refine

the general, tentative issues identified above. People may visit with

Forest Service officials at any time during the analysis and prior to

the decision. Two periods are specifically designated for comments on

the analysis: (1) during the scoping process and (2) during the draft

EIS comment period.

During the scoping process, the Forest Service is seeking

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

other individuals or organizations who may be interested in or affected

by the proposed action. The United States Fish and Wildlife Service

will be consulted concerning effects to threatened and endangered

species. The agencies invite written comments and suggestions on this

action, particularly in terms of identification of issues and

alternative development.

In addition to the proposed action, a range of alternatives will be

developed in response to issues identified during scoping. One of these

will be the ``no action'' alternative, in which the mine would not be

developed. The Forest Service will analyze and document the direct,

indirect, and cumulative effects of all alternatives.

The Forest Service will continue to involve the public and will

inform interested and affected parties as to how they may participate

and contribute to the final decision. Another formal opportunity for

response will be provided following completion of a draft EIS.

The draft EIS should be available for review in December, 1998. The

final EIS is scheduled for completion in June, 1999.

The comment period on the draft EIS will be 45 days from the date

the Environmental Protection Agency publishes the notice of

availability in the Federal Register.

The Forest Service believes it is important to give reviewers

notice at this early stage 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 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,

533 (1978). Also, environmental objections that could be raised at the

draft environmental impact statement stage but 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 those interested in this proposed action

participate by the close of the 45-day comment period so substantive

comments and objections are made

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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 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.

The Beaverhead-Deerlodge Forest Supervisor is the responsible

official who will make the decision. She will decide on this proposal

after considering comments and responses, environmental consequences

discussed in the Final EIS, and applicable laws, regulations, and

policies. The decision and reasons for the decision will be documented

in a Record of Decision.

Dated: August 17, 1998.

Deborah L.R. Austin,

Forest Supervisor, Beaverhead-Deerlodge National Forest.

[FR Doc. 98-22734 Filed 8-24-98; 8:45 am]

BILLING CODE 3410-11-M