This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

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rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

20940 

Vol. 76, No. 72 

Thursday, April 14, 2011 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Troy Mine, Incorporated, Troy Mine 

Revised Reclamation Plan, Kootenai 

National Forest, Lincoln County, MT 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The U.S. Department of 

Agriculture, Forest Service, Kootenai 

National Forest (KNF), in conjunction 

with Montana Department of 

Environmental Quality (DEQ), will 

prepare an environmental impact 

statement (EIS) to document the 

analysis and disclose the environmental 

impacts of the proposed action and 

alternatives to reclaim facilities, safely 

close the underground mine, and 

protect water quality at the Troy Mine, 

located in Lincoln County, Montana. 

The mine is located on public and 

private lands approximately 15 miles 

south of Troy, Montana. Genesis 

Incorporated (Genesis), a wholly owned 

subsidiary of Revett Silver Company, 

submitted the Troy Mine Revised 

Reclamation Plan (Revised Reclamation 

Plan or Proposed Action) on February 

27, 2006, pursuant to U.S. Forest 

Service (USFS) locatable mineral 

regulations, 36 Code of Federal 

Regulations (CFR) 228, Subpart A, and 

the State of Montana Metal Mine 

Reclamation Act, 82–4–301 et seq., 

Montana Codes Annotated. On 

December 30, 2010 Genesis 

Incorporated changed their name to 

Troy Mine, Incorporated. A single EIS, 

evaluating all components of the 

proposed reclamation project will be 

prepared. 

DATES: The public involvement process 

for the Revised Reclamation Plan began 

with a press release that was published 

in area newspapers and announced on 

local TV and radio stations on October 

11, 2007. Advertisements were also 

published in four area newspapers 

October 21, 2007 through October 25, 

2007. The comment period was 

extended from October 11, 2007 through 

December 28, 2007. There is no 

additional formal scoping period for this 

proposed action. The agencies 

completed an initial analysis in 

December 2010. Based on the analysis 

and potential water quality issues, the 

agencies decided to prepare a draft EIS. 

The draft EIS is expected to be available 

for review and public comment in May 

2011. The comment period for the Draft 

EIS will be 45 days from the date the 

Environmental Protection Agency 

publishes the notice of availability in 

the Federal Register. The final EIS is 

expected to be released in December 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Bobbie Lacklen, Project Coordinator, 

Kootenai National Forest, 31374 U.S. 

Hwy 2, Libby, MT 59923. Phone (406) 

283–7681, or e-mail at 

blacklen@fs.fed.us, or consult http:// 

www.fs.usda.gov/goto/kootenai/projects. 

Individuals who use telecommunication 

devices for the deaf (TDD) may call the 

Federal Information Relay Service 

(FIRS) at 1–800–877–8339 between 

8 a.m. and 8 p.m., Eastern Time, 

Monday through Friday. 

SUPPLEMENTARY INFORMATION: The Troy 

Mine is located about 15 miles south of 

Troy, Montana, in Lincoln County. The 

nearest towns to Troy are Libby, 

Montana, located 18 miles to the east 

and Bonners Ferry, Idaho, located 33 

miles to the west. The Troy Mine is 

accessible from Montana Highway 56 

and National Forest System Road 4626, 

both of which are paved. Approximately 

57 percent of the project area is on 

private land, and the other 43 percent is 

on the KNF. The project area lies within 

the KNF immediately west and north of 

Bull Lake and encompasses a major 

portion of the Stanley Creek drainage 

and a portion of the Lake Creek 

drainage. 

The American Smelting and Refining 

Company, (ASARCO) permitted the 

Troy Mine in 1978 with the USFS and 

State of Montana as an 8,500 ton-perday underground copper/silver mine. 

The ore is mined using the ‘‘room-andpillar method.’’ The mine permit area 

covers 2,782 acres of public and private 

land. The Troy Mine is comprised of 24 

patented lode-mining claims and 188 

unpatented lode-mining claims that are 

situated on National Forest System 

Lands managed by KNF. Patented lodemining claims owned by Troy Mine, 

Inc. were acquired from ASARCO in 

September of 1999. The existing 

facilities at the Troy Mine consist of an 

underground mine, surface mill, office 

facilities; tailings and reclaim water 

pipelines; a power line; a tailings 

impoundment; and associated support 

facilities. Production stopped in 1993 

and reinitiated in 2005 and is projected 

to continue for 3–5 years until the 

approved ore body is depleted. Troy 

Mine Inc. posted a 12.9 million dollar 

bond for the project that covers the 

existing reclamation plan. The final 

draft of the Revised Reclamation Plan is 

the subject of this environmental impact 

statement. 

Purpose and Need for Action: The 

purpose of the proposed reclamation 

plan is to return lands disturbed by 

mining to a condition appropriate for 

subsequent use of the area. The need for 

the Revised Reclamation Plan stems 

from several objectives that need to be 

met after closure: 

• The approved (1978) reclamation 

plan does not meet State or Federal 

requirements for mine adit water 

discharge; 

• Protection of surface and 

groundwater quality; 

• Protection of public health and 

safety; 

• Minimization of environmental 

risk; and Restoration of productive land 

use. 

Proposed Action: The Revised 

Reclamation Plan, which is the 

Proposed Action, was submitted to the 

agencies in March 2006. Troy Mine, Inc. 

proposes to reclaim lands disturbed by 

mining activities with the following 

reclamation elements: 

• Removal of buildings, structures, 

and selected roads; 

• Non-hydraulic plugging 

(backfilling) of the adits and 

recontouring the slope of the South 

Portal patio; 

• Limited regrading of slopes and 

benches to fit with the surrounding 

natural environment; 

• Revegetation of most of the 

disturbed areas; 

• Mine water disposal to the tailings 

impoundment decant ponds by using 

the existing tailings pipelines and 

reclaim water line until the water meets 

water quality standards; and 

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Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices 20941 

• Monitoring of surface water bodies 

and tailings embankment stability. 

Under the Proposed Action, the 

proposed reclamation would be 

accomplished in three phases: Preclosure, closure, and post-closure. Preclosure tasks include on-going 

monitoring, testing, and evaluations 

necessary to complete design of 

reclamation elements that include a 

short-term water management plan and 

engineering design of the adit. Closure 

tasks would take place two years after 

final cessation of mining and would 

include facility removal, regrading, 

revegetation, and maintenance of shortterm components of the water 

management plan. Adit plugs would be 

installed during the closure period. 

Post-closure tasks would include longterm management of mine water flowing 

through pipelines, maintenance of 

pipelines and monitoring of water 

quality and surface/groundwater. Under 

the Proposed Action, the post-closure 

phase is estimated to last two to five 

years after mining ends, but post-closure 

water management facilities would be 

maintained until mine water meets 

water quality standards. 

No Action Alternative: The No Action 

Alternative consists of the 1978 

Reclamation Plan and includes the 

reclamation activities that have already 

been completed at the existing Troy 

Mine site. This reclamation plan was 

first analyzed and approved by the 

agencies in 1978. 

Agency-Mitigated Alternative: The 

Agency-Mitigated Alternative is based 

upon the Proposed Action, but includes 

additional mitigation measures and 

monitoring requirements that address 

major issues identified during the 

earlier scoping and review process. The 

Agency-Mitigated Alternative includes 

the following major modifications to the 

Proposed Action: 

• Hydraulic plugs would not be used 

at the Service and Conveyor adits. 

Concrete structures would be 

constructed to capture mine water and 

route it to the tailings impoundment for 

long-term passive treatment and 

disposal. 

• A new water pipeline would be 

built to transport water from the mine 

to the decant ponds rather than using 

the 30+ year-old tailings lines. 

• Additional monitoring of seeps and 

springs would be required to verify that 

State of Montana water quality 

standards were met. 

Lead and Cooperating Agencies: The 

U.S. Department of Agriculture, Forest 

Service, Kootenai National Forest, and 

the Montana Department of 

Environmental Quality are joint lead 

agencies for preparing this 

environmental impact statement. 

Issues: Issues were identified during 

the scoping and review from 

interdisciplinary specialists. The key 

issues identified primarily relate to adit 

closure, mine water distribution, mine 

water treatment and disposal, longevity 

and success of copper attenuation 

mechanisms, disposition of building 

materials, subsidence, and the source of 

reclamation materials. 

Nature of Decision To Be Made: The 

nature of the decisions to be made is to 

select an action that meets the legal 

rights of the proponent, while protecting 

the environment in compliance with 

applicable laws, regulations, and 

policies. The Forest Supervisor will use 

the EIS process to develop the necessary 

information to make an informed 

decision as required by 36 CFR 228 

subpart A. The Director of DEQ will use 

the EIS process in a similar fashion to 

make informed decisions on a number 

of State permits and permit 

modifications according to State laws 

and regulations. Based on the analysis 

and alternatives developed in the EIS, 

the following decisions are possible: 

(1) Approval of the Troy Mine 

Revised Reclamation Plan as submitted; 

(2) Approval of the Troy Mine 

Revised Reclamation Plan modified by 

the incorporation of agency mitigations 

and stipulations to meet the mandates of 

applicable laws, regulations, and 

policies; 

(3) Approval of an Agency-Mitigated 

Alternative developed during the 

analysis process; or 

(4) Approval of the No Action 

Alternative or rather denial of the 

Proposed Action such that reclamation 

would follow the existing approved 

plan and details contained in the 

approved reclamation bond calculations 

and specifications. 

Permits or Licenses Required and 

Disposition: Various permits and 

licenses have been in effect during mine 

operations and may need to be 

modified. In some cases, new permits or 

licenses would be needed prior to 

implementation of the Revised 

Reclamation Plan. The major permits or 

licenses required or needing 

modification for this Proposed Action 

and the issuing agencies are: 

• A Revised Reclamation Plan 

modifying the approved Troy Mine Plan 

of Operations and State Operating 

Permit #00093 approved by the KNF, 

and DEQ. 

• A revised Storm Water Permit and 

a new Montana Pollution Discharge 

Elimination System (MPDES) Permit 

from DEQ. 

• A 310 Permit from the Montana 

Department of Fish, Wildlife and Parks 

and Lincoln County Conservation 

District. 

Draft Environmental Impact 

Statement: A draft EIS will be prepared 

for comment. The comment period on 

the draft EIS ends 45 days from the date 

the Environmental Protection Agency 

publishes the notice of availability in 

the Federal Register. The USFS 

believes, at this early stage, it is 

important to give reviewers notice of 

several court rulings related to public 

participation in the environmental 

review process. First, reviewers of a 

draft EIS 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 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 so that 

substantive comments and objections 

are made available to the USFS and 

DEQ at a time when the agencies can 

meaningfully consider and respond to 

them in the final EIS. To assist the USFS 

and DEQ in identifying and considering 

issues and concerns on the Proposed 

Action, comments on the draft EIS 

should be as specific as possible. It is 

also helpful if comments refer to 

specific pages or chapters of the draft 

EIS. Comments may also address the 

adequacy of the draft EIS or the merits 

of the alternatives formulated and 

discussed in the draft EIS. 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. 

Comments received, including the 

names and addresses of those who 

comment, will be considered part of the 

public record on this proposal, and will 

be available for public inspection. 

Authority: 40 CFR 1501.7 and 1508.22; 

Forest Service Handbook 1909.15, Section 

21. 

Responsible Officials: Paul Bradford, 

Forest Supervisor, Kootenai National 

Forest, 31374 U.S. Hwy 2, Libby, MT 

59923 and Richard Opper, Director, 

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20942 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices 

Montana Department of Environmental 

Quality, Director’s Office, 1520 E 6th 

Ave., Helena, MT 59620–9601, will be 

jointly responsible for the EIS. These 

two officials will make decisions 

regarding this proposal after considering 

comments and responses pertaining to 

environmental consequences discussed 

in the final EIS and all applicable laws, 

regulations, and policies. The decisions 

of a selected alternative, permits, 

licenses, approvals, and rationale will 

be documented in a joint Record of 

Decisions. 

Dated: April 7, 2011. 

Maggie Pittman, 

Acting Forest Supervisor, Kootenai National 

Forest. 

[FR Doc. 2011–9086 Filed 4–13–11; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Pennington County Resource Advisory 

Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Pennington County 

Resource Advisory will meet in Rapid 

City, SD. The committee is meeting as 

authorized under the Secure Rural 

Schools and Community SelfDetermination Act (Pub. L 110–343) and 

in compliance with the Federal 

Advisory Committee Act. The purpose 

of the meetings is to begin formation of 

the Resource Advisory Committee. 

DATES: The meetings will be held May 

3, May 10, and May 17, 2011, at 5 p.m. 

ADDRESSES: The meetings will be held at 

the Mystic Ranger District Office at 8221 

South Highway 16. Written comments 

should be sent to Robert J. Thompson, 

8221 South Highway 16, Rapid City, SD 

57702. Comments may also be sent via 

e-mail to rjthompson@fs.fed.us, or via 

facsimile to 605–343–7134. 

All comments, including names and 

addresses when provided, are placed in 

the record and are available for public 

inspection and copying. The public may 

inspect comments received at the 

Mystic Ranger District office. Visitors 

are encouraged to call ahead at 605– 

343–1567 to facilitate entry into the 

building. 

FOR FURTHER INFORMATION CONTACT: 

Robert J. Thompson, District Ranger, 

Mystic Ranger District, 605–343–1567. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern 

Standard Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: Meetings 

are open to the public. The following 

business will be conducted: establishing 

goals and objectives for the committee, 

discussing timelines and procedures, 

and a broad discussion on project 

proposals. Persons who wish to bring 

matters to the attention of the 

Committee may file written statements 

with the Committee staff before or after 

the meeting. 

Dated: April 7, 2011. 

Craig Bobzien, 

Forest Supervisor. 

[FR Doc. 2011–9090 Filed 4–13–11; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Elko County Resource Advisory 

Committee (RAC) 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Elko County Resource 

Advisory Committee (RAC) will hold its 

first meeting. 

DATES: The meeting will be held on 

Friday, April 29th, 2011 and will begin 

at 10 a.m. 

ADDRESSES: The meeting will be held in 

the Forest Service office at 2035 Last 

Chance Road, Elko, NV 89801. 

FOR FURTHER INFORMATION CONTACT: 

Doug Clarke, RAC Coordinator, USDA, 

Humboldt-Toiyabe National Forest, 

Mountain City Ranger District, 2035 

Last Chance Road, Elko, NV 89801 (775) 

778–6127; e-mail: dclarke@fs.fed.us. 

SUPPLEMENTARY INFORMATION: Agenda 

items include: (1) Remarks by Forest 

Supervisor and Mountain City District 

Ranger; (2) Review of Secure Rural 

Schools and Community SelfDetermination Act; (3) Role of RAC 

committee members; (4) Selection of 

RAC Committee Chairman; (5) Overview 

of project selection process; and (6) 

Public Comment. The meeting is open 

to the public. Public input opportunity 

will be provided and individuals will 

have the opportunity to address the 

Committee at that time. 

Dated: April 8, 2011. 

Jeanne M. Higgins, 

Forest Supervisor. 

[FR Doc. 2011–9098 Filed 4–13–11; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Humboldt (NV) Resource Advisory 

Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Humboldt (NV) Resource 

Advisory Committee will meet in 

Winnemucca, Nevada. The committee is 

meeting as authorized under the Secure 

Rural Schools and Community SelfDetermination Act (Pub. L. 110–343) 

and in compliance with the Federal 

Advisory Committee Act. The purpose 

is to hold the first meeting of the newly 

formed committee. 

DATES: The meeting will be held May 

21, 2011 from 9:30 a.m. to 5:30 p.m. 

ADDRESSES: The meeting will be held at 

the Humboldt County Court House 

Room 201, 50 West 5th Street, 

Winnemucca, Nevada. Written 

comments should be sent to USDA 

Forest Service, 1500 E. Winnemucca 

Blvd., Winnemucca, NV 89445. 

Comments may also be sent via e-mail 

to sjingram@fs.fed.us, or via facsimile to 

775–625–1200. 

All comments, including names and 

addresses when provided, are placed in 

the record and are available for public 

inspection and copying. The public may 

inspect comments received at http:// 

fs.usda.gov/goto/htnf/rac. 

FOR FURTHER INFORMATION CONTACT: 

Shonna Ingram, RAC Coordinator, Santa 

Rosa Ranger District Humboldt-Toiyabe 

National Forest, 775–623–5025 Ext 117. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern 

Standard Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: The 

meeting is open to the public. The 

following business will be conducted: 

(1) Introductions of all committee 

members and Forest Service personnel; 

(2) orientation to the process of 

considering and recommending Title II 

projects; (3) committee members to 

select a chairperson; (4) committee 

members to establish RAC operating 

guidelines; and (5) public Comment. 

Persons who wish to bring related 

matters to the attention of the 

Committee may file written statements 

with the Committee staff before or after 

the meeting. Public input sessions will 

be provided and individuals who made 

written requests by May 13, 2011 will 

have the opportunity to address the 

Committee at those sessions. 

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