[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Notices]
[Pages 20940-20942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9086]


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Notices
                                                Federal Register
________________________________________________________________________

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, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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

[[Page 20940]]



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.

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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 <a href="/cdn-cgi/l/email-protection#14767875777f78717a5472673a7271703a6167"><span class="__cf_email__" data-cfemail="0e6c626f6d65626b604e687d20686b6a207b7d">[email protected]</span></a>, 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-
per-day underground copper/silver mine. The ore is mined using the 
``room-and-pillar 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 lode-
mining 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:
    <bullet> The approved (1978) reclamation plan does not meet State 
or Federal requirements for mine adit water discharge;
    <bullet> Protection of surface and groundwater quality;
    <bullet> Protection of public health and safety;
    <bullet> 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:
    <bullet> Removal of buildings, structures, and selected roads;
    <bullet> Non-hydraulic plugging (backfilling) of the adits and 
recontouring the slope of the South Portal patio;
    <bullet> Limited regrading of slopes and benches to fit with the 
surrounding natural environment;
    <bullet> Revegetation of most of the disturbed areas;
    <bullet> 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

[[Page 20941]]

    <bullet> Monitoring of surface water bodies and tailings embankment 
stability.

    Under the Proposed Action, the proposed reclamation would be 
accomplished in three phases: Pre-closure, closure, and post-closure. 
Pre-closure 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 short-term components of the water management plan. Adit 
plugs would be installed during the closure period. Post-closure tasks 
would include long-term 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:
    <bullet> 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.
    <bullet> 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.
    <bullet> 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:
    <bullet> A Revised Reclamation Plan modifying the approved Troy 
Mine Plan of Operations and State Operating Permit <greek-i>00093 
approved by the KNF, and DEQ.
    <bullet> A revised Storm Water Permit and a new Montana Pollution 
Discharge Elimination System (MPDES) Permit from DEQ.
    <bullet> 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,

[[Page 20942]]

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


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