# Yellow Band Mine; Dillon Ranger District; Beaverhead County, MT > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A98-22734 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** August 25, 1998 - **Citation:** 63 FR 45219 ## Text 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. ----------------------------------------------------------------------- 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 [[Page 45220]] 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-22734. Public record. Not legal advice.