Genesis Placer Claim, Suction Dredging Nez Perce National Forest, Idaho County, ID

DEPARTMENT OF AGRICULTURE

Forest Service

Genesis Placer Claim, Suction Dredging Nez Perce National Forest,

Idaho County, ID

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 analyze and disclose the environmental effects of

dredging on the Genesis placer claim on Red River. The claimant has

proposed using one eight-inch suction dredge and one five-inch suction

dredge to remove possible gold deposits from the gravel and at bedrock

in Red River. The operation is proposed for five years, to be operated

when water and weather conditions allow. The Genesis placer claim is

located in Section 6, T28N, R9E, BPM.

DATES: Written comments and suggestions should be received on or before

November 9, 1998 to receive timely consideration in the preparation of

the draft EIS.

ADDRESSES: Send written comments and suggestions on the proposed action

or requests for a map of the proposed action or to be placed on the

project mailing list to Michael R. McGee, Acting District Ranger, Red

River Ranger District, P.O. Box 416, Elk City, Idaho 83525.

FOR FURTHER INFORMATION CONTACT:

Jo Ellis, District Geologist, Red River Ranger District, P.O. Box 416,

Elk City, Idaho 83525, phone (208) 842-2245.

SUPPLEMENTARY INFORMATION: The proposed action is proposed pursuant to

the 1872 Mining Law, the Organic Administration Act of 1897 and Forest

Service mining regulations, Title 36 Code of Federal Regulation (CFR),

Part 228, Subpart A. The United States mining laws at 30 U.S.C. 21-54

confer a statutory right to enter upon the public land to search for

and remove certain minerals. The Forest Service has the responsibility

to make sure that the activities are conducted so as to minimize

adverse environmental impacts to National Forest System lands, 36 CFR,

Part 228, Subpart A.

The proposal involves processing 5,517 cubic yards of river gravel

over a 1,590 length of Red River. A 25-foot wide section of the river,

approximately three feet deep, would be worked. This work would take

place over five years or more whenever water and weather conditions

allow operations. The process involves utilizing high pressure water

pumps driven by gasoline-powered motors which create suction in a

flexible intake pipe. A mixture of streambed sediment and water is

vacuumed into the intake pipe and passed over a sluice box mounted on a

floating barge. Dense particles (including gold) are trapped in the

sluice box. The remainder of the entrained material is discharged into

the stream as tailings or spoils. A hole is created in the gravel so

bedrock is exposed. Cracks in the bedrock are then cleaned with the

suction. Large boulders or rootwads are moved by cables attached to a

winch.

The Forest Service will consider a range of alternatives to the

proposed action. One of these will be the ``no action'' alternative, in

which the Plan of Operations would not be approved. Additional

alternatives will examine varying intensity and duration of the

proposed activities, including restrictions on the size of equipment

and length of seasonal operation, as well as respond to the issues and

other resource values.

Public participation is an important part of the project,

commencing with the initial scoping process (40 CFR 1501.7), which

starts with publication of this notice and continues for the next 30

days. In addition, the public is encouraged to visit with Forest

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

decision. The Forest Service will be seeking information, comments, and

assistance from Federal, State, and local agencies, the Nez Perce

Tribe, and other individuals or organizations who may be interested in

or affected by the proposed action.

Comments from the public and other agencies will be used in

preparation of the draft EIS. The scoping process will be used to:

1. Identify potential issues;

2. Identify major issues to be analyzed in depth;

3. Eliminate minor issues or those which have been covered by a

relevant previous environmental analysis, such as the Nez Perce

National Forest Plan EIS;

4. Identify alternatives to the proposed action;

5. Identify potential environmental effects of the proposed action

and alternatives (i.e., direct, indirect, and cumulative effects.

While public participation in this analysis is welcome at any time,

comments received within 30 days of this notice will be especially

useful in the preparation of the draft EIS, which is expected to be

filed with the Environmental Protection Agency and available for public

review in January 1999. A 45-day comment period will follow publication

of a Notice of Availability of the draft EIS in the Federal Register.

The comments received will be analyzed and considered in preparation of

a final EIS, which is expected to be filed in June 1999. A Record of

Decision will be issued not less than 30 days after publication of a

Notice of Availability of the final EIS in the Federal Register.

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

give reviewers notice of several court rulings related to public

participation in the environmental review process. First, reviewers of

draft EISs must structure their participation in the environmental

review of the proposal in such a way 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, 513 (1978). Also,

environmental objections that could be raised at the draft EIS stage

but that are not raised until after completion of the final EIS 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 in order that

substantive comments and objections are available to the Forest Service

at a

[[Page 54107]]

time when it can meaningfully consider them and respond to them in the

final EIS. To assist the Forest Service in identifying and considering

issues and concerns on the proposed action, comments should be as

specific as possible. 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.

Michael R. McGee is the responsible official for this environmental

impact statement.

Dated: September 28, 1998.

Michael R. McGee,

Acting District Ranger, Red River Ranger District, Nez Perce National

Forest, P.O. Box 416, Elk City, ID 83525.

[FR Doc. 98-27009 Filed 10-7-98; 8:45 am]

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