El Luky Duk Placer Claim, Suction Dredging; Nez Perce National Forest, Idaho County, ID

DEPARTMENT OF AGRICULTURE

Forest Service

El Luky Duk 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 El Luky Duk placer claim on the South Fork Clearwater

River. The claimant has proposed using four different dredges (an

eight-inch, a six-inch, a five-inch, and a three-inch), one at a time,

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

South Fork Clearwater River. The proposal is to operate for two years

between the first of July to the first week in October. The El Luky Duk

placer claim is located in portions of Sections 20, 21, 27 and 28,

T29N, R7E, BPM. The suction dredging is proposed for a reach of the

river in Section 27.

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

November 30, 1998.

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 Regulations (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 approximately 325 cubic yards of

river gravel over a 150 foot section of the South Fork Clearwater

River. A cross section approximately eight feet wide and six feet deep

would be processed. 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 the publication 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.C. 519, 513, (1978). Also,

environmental objections that could be raised at the

[[Page 58007]]

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 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 to

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: October 20, 1998.

Michael R. McGee,

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

Forest.

[FR Doc. 98-29027 Filed 10-28-98; 8:45 am]

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