83994 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices 

1A court remanded the final rule to the Service 

for a new listing determination consistent with the 

court’s order. Center for Biological Diversity v. 

Everson, 435 F. Supp. 3d (D.D.C. 2020). The ruling 

did not invalidate the final rule or change the 

threatened status of the northern long-eared bat. 

Common name Scientific name Taxonomic 

group Listing status Where listed 

Final listing rule 

(Federal Register 

citation and publication 

date) 

Northern long-eared bat Myotis septentrionalis ... Mammal ... T ................................... U.S.A. (AL, AR, CT, 

DE, DC, FL, GA, IL, 

IN, IA, KS, KY, LA, 

ME, MD, MA, MI, MN, 

MS, MO, MT, NE, 

NH, NJ, NY, NC, ND, 

OH, OK, PA, RI, SC, 

SD, TN, VT, VA, WV, 

WI, WY); Canada 

(AB, BC, LB, MB, NB, 

NF, NS, NT, ON, PE, 

QC, SK, YT).

80 FR 17973; April 2, 

2015.1

Request for Information 

To ensure that a 5-year review is 

complete and based on the best 

available scientific and commercial 

information, we request new 

information from all sources. See What 

Information Do We Consider in Our 

Review? for specific criteria. If you 

submit information, please support it 

with documentation such as maps, 

bibliographic references, methods used 

to gather and analyze the data, and/or 

copies of any pertinent publications, 

reports, or letters by knowledgeable 

sources. 

Public Availability of Submissions 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Authority 

We publish this notice under the 

authority of the Endangered Species Act 

of 1973, as amended (16 U.S.C. 1531 et 

seq.). 

Lori Nordstrom, 

Assistant Regional Director, Ecological 

Services, Midwest Region. 

[FR Doc. 2020–28415 Filed 12–22–20; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

DEPARTMENT OF AGRICULTURE 

Forest Service 

[20XL.LLIDI00000.L71220000.EO0000.

LVTFDX814600.241A;4500150180] 

Notice of Intent To Prepare an 

Environmental Impact Statement for 

the Husky 1 North Dry Ridge 

Phosphate Mine and Notice of 

Cancellation of Environmental Impact 

Statement Preparation for the Nu-West 

Mining Husky 1-North Dry Ridge 

Phosphate Mine Project 

AGENCY: Bureau of Land Management, 

Interior; U.S. Forest Service, Department 

of Agriculture. 

ACTION: Notice of intent to prepare an 

Environmental Impact Statement and 

notice to terminate preparation of 

Another Environmental Impact 

Statement. 

SUMMARY: The Bureau of Land 

Management (BLM) and Forest Service 

will consider approving the Husky 1 

North Dry Ridge phosphate Mine and 

Reclamation Plan (MRP) on Federal 

Phosphate Leases, lease modifications, 

and Special Use Authorizations for 

ancillary facilities located off-lease on 

National Forest System lands. Previous 

plans submitted by Nu-West Mining 

(doing business as Agrium Conda 

Phosphate Operations) for the mining 

property are no longer being considered 

for approval. The former Notice of 

Intent published in 2012 (77 FR 46107) 

is cancelled and preparation of the 

Environmental Impact Statement (DOI– 

BLM–ID–I020–2012–0047–EIS) is 

terminated. 

DATES: The BLM and Forest Service 

request comments concerning the scope 

of the analysis and identification of 

relevant information, studies and 

analyses. All comments must be 

received by January 22, 2021. The draft 

Environmental Impact Statement is 

scheduled for May 2021 and the final 

Environmental Impact Statement is 

scheduled for November 2021, with 

BLM and Forest Service Records of 

Decision in February 2022. The BLM 

will announce dates of scoping meetings 

at least 15 days in advance of the 

meeting on the BLM National ePlanning 

website—https://go.usa.gov/x7HSJ. 

Scoping meetings will be held online. 

ADDRESSES: Send written comments to: 

Husky 1 North Dry Ridge Mine EIS, C/ 

O Tetra Tech, 2525 Palmer Street, Suite 

2, Missoula, MT 59808. Send comments 

via email to BLM_ID_Husky1NDR_EIS@

blm.gov. Submit comments online at the 

website https://go.usa.gov/x7HSJ. 

FOR FURTHER INFORMATION CONTACT: Wes 

Gilmer, BLM Pocatello Field Office, 

(208) 478–6369 or wgilmer@blm.gov. 

Persons who use a telecommunication 

device for the deaf (TDD) may call the 

Federal Relay Service (FRS) at 1–800– 

877–8339 to contact the above 

individual during normal business 

hours. The FRS is available 24 hours a 

day, seven days a week, to leave a 

message or question with the above 

individual. You will receive a reply 

during normal business hours. 

Documents pertinent to this proposal 

may be examined at the Pocatello Field 

Office, address 4350 Cliffs Drive, 

Pocatello, ID 83204; information is also 

available at the BLM’s website at 

https://go.usa.gov/x7HSJ. 

SUPPLEMENTARY INFORMATION: 

Purpose and Need for the Proposed 

Action 

Itafos Conda LLC is proposing to 

exercise mining rights that the Unites 

States has previously granted in Federal 

phosphate leases that it currently holds 

or controls. The company has developed 

and submitted an MRP for the Husky 1 

North Dry Ridge Phosphate Mine. The 

purpose is for the BLM and Forest 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices 83995 

Service to evaluate and respond to the 

plan submitted for the recovery of 

phosphate ore and to modify leases, in 

accordance with the Mineral Leasing 

Act of 1920 as amended. As the surface 

management agency, the Forest Service 

will provide the BLM with formal 

recommendations on the BLM’s action 

to modify the lease (43 CFR 3503.20), 

evaluate and respond to the MRP, and 

issue Special Use Authorizations for the 

portion of operations that would occur 

on National Forest System (NFS) lands 

outside lease boundaries (36 CFR 

251.50). Itafos Conda LLC has the 

exclusive right and privilege to recover 

phosphate from their leases, including 

the exploration, mining, and disposal of 

the phosphate or phosphate rock. The 

U.S Army Corps of Engineers (USACE) 

purpose as a cooperating agency in 

preparation of an Environmental Impact 

Statement, is to evaluate and consider 

the MRP relative to a permit decision 

under Section 404 of the Clean Water 

Act. The need for the Husky 1/North 

Dry Ridge Project is to develop the 

phosphate resource, using an 

economically viable method, in 

accordance with Federal laws and 

regulations governing Federal mineral 

leases, and to allow Itafos Conda LLC to 

exercise its right to develop the leases 

and ensure economically viable and 

continuous phosphate operations that 

are in compliance with established 

requirements. Ultimately, the project 

would supply phosphate ore to the 

plant in Soda Springs, ID. 

Preliminary Proposed Action and 

Alternatives 

The proposed action includes two 

open phosphate mining pits—the North 

Dry Ridge and Husky 1—in portions of 

the existing North Dry Ridge, Husky 1, 

and Maybe Canyon Mine leases, and 

proposed lease modifications. Mining 

would proceed in phases with 

overburden first placed in existing 

South Maybe Canyon pits, followed by 

backfilling the Husky 1 and North Dry 

Ridge pits as room is made available. A 

portion of the Husky 1 pit overburden 

would also be used to construct a 

permanent external overburden 

stockpile for use in reclamation and to 

buttress mine features such as the 

relocation of the upper portions of 

Maybe Creek. 

Additional mine facilities include 

growth media stockpiles, temporary 

overburden storage areas, water 

management features, dust suppression 

and water supply wells, haul roads, 

equipment staging areas, fuel storage 

areas, train loading facility (tipple), ore 

stockpiles, and the shop and office area. 

The existing offices and shop facilities 

at the Dry Valley Mine would be used 

as the main base for Project operations. 

The Dry Valley yard area would be used 

for fuel storage tanks, an equipment 

parking/hot start line, and a laydown 

yard. 

Ore would be transported via haul 

roads from the mine pit areas to an ore 

stockpile and tipple, then loaded onto 

railcars and transported by existing rail 

line to Soda Springs. The proposed 

action includes closing a portion of an 

existing NFS Road (#134) for the 

duration of mining and reclamation. It 

also proposes that the Blackfoot River 

Road be used as the primary means for 

the public to access Diamond Creek 

Valley and Dry Valley. The mine would 

encompass approximately 2,096 acres of 

Federal land, including existing Federal 

phosphate leases (1,504 acres), proposed 

lease enlargement modifications (479 

acres), and Forest Service Special Use 

Authorizations (113 acres), and an 

additional 9 acres of private land. 

Mining operations would disturb 

approximately 1,145 acres of which 

approximately 1,122 acres, or 98 

percent, would be reclaimed. The 

remaining 2 percent consists of some 

residual pit walls exposed in the 

partially backfilled pit area and haul 

roads that would be partially reclaimed 

to allow for continued access necessary 

for maintenance and monitoring 

activities. 

To reduce environmental impacts, the 

MRP emphasizes the backfilling of mine 

pits and covering with earth, and in 

some locations compacted clay, to 

minimize the release of contaminants to 

ensure that water quality meets the 

Idaho Ground Water Quality Rule and 

other established requirements. Portions 

of Maybe Creek and Stewart Creek may 

be realigned to ensure the creeks do not 

encounter selenium materials or backfill 

and transport contaminants offsite. 

Suitable soil or other growth media 

would be salvaged from disturbed areas 

for use in reclamation. Concurrent mine 

reclamation would include backfilling 

pits as mining progresses, grading 

slopes, capping overburden disposal 

areas and backfilled pits, reestablishing 

drainages, spreading growth media, 

stabilizing surfaces, promoting 

revegetation, and testing and treatment 

for any remaining contaminants. 

Facilities and equipment would be 

removed at closure. Environmental 

monitoring would be performed to 

ensure impacts do not exceed those 

authorized. Mining would occur for 

approximately 15 years, followed by 

approximately one year of final 

reclamation. 

A complete evaluation of the project 

consistency with the Caribou National 

Forest Revised Forest Plan may indicate 

the need for project-specific Forest Plan 

amendments. In addition to the No 

Action (not approving the MRP, lease 

modifications, or Special Use 

Authorizations) and the Proposed 

Action, possible alternatives may 

include: Changing the type or location 

of cap and cover materials or permanent 

drainage, modifying the mining area to 

avoid the Inventoried Roadless Area, 

eliminating the permanent overburden 

stockpiles, avoiding closure of the 

Stewart Canyon Road to recreation 

during mining, avoiding the lease 

modifications, avoiding the need for 

special use permits, or avoiding or 

modifying the realignment of Maybe 

and Stewart creeks. Other alternatives 

may be identified from scoping 

comments or through analysis. 

Summary of Expected Impacts 

The BLM expects mining and hauling 

operations to change groundwater and 

surface water quantity and quality 

within regulatory limits; remove and 

change the structure and composition of 

vegetation including species important 

to Native American tribes; disturb 

wetlands and riparian habitat; modify 

wildlife and fish habitat; temporarily 

reduce areas available for recreation 

(including hunting and camping) until 

reclamation is complete; change 

scenery; disturb soil; permanently 

remove mineral resources; create 

vehicle emissions and fugitive dust; 

extend economic activity such as 

employment and the continued 

operation of an elemental phosphorous 

plant; support businesses and generate 

tax revenue; and reduce livestock 

grazing. 

Anticipated Permits and Authorizations 

The BLM anticipates that the 

following permits and approvals will be 

required for the mine: 

• BLM; MRP approval or 

modification of approved MRP; 43 CFR 

3590.2(a), 3592.1(a) 

• Forest Service; 36 CFR 228.5 

• BLM; Lease Modification/Fringe 

Lease; 43 CFR 3510 

• BLM; Right-of-way; 90 Statute 2776; 

43 U.S. Code (U.S.C.) 1761 

• BLM; Phosphate Use Permit; 43 

CFR 3501.10, 43 CFR 3516 

• Forest Service; Special Use 

Authorizations; 36 CFR 251 

• Idaho Department of Environmental 

Quality; Point of Compliance under the 

Idaho Groundwater Quality Rule; 

IDAPA 58.01.11.401 

• Idaho Department of Environmental 

Quality; Certification of Water Quality 

(Clean Water Act, Section 401); IDAPA 


jbell on DSKJLSW7X2PROD with NOTICES
83996 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices 

39–101 et seq.; Idaho Code Parts 39– 

3601 et seq. 

• Idaho Department of Water 

Resources; Water Rights; Idaho Code 

Parts 42–201 et seq.; IDAPA 37.03.08, 

Water Appropriation Rules and 37.03.11 

Conjunctive Management of Surface and 

Ground Water. 

• Idaho Department of Environmental 

Quality; Stormwater Pollution 

Prevention Plan, Idaho Pollutant 

Discharge Elimination System; (IDAPA 

58.01.25) 

• USACE; Section 404 Permit— 

required if surface disturbance and 

placement of fill is more than 0.5 acres 

of wetlands and 500 feet of stream 

channels; Clean Water Act (Title 33 

U.S.C. 1344, Section 404(a)). 

• Idaho Department of Water 

Resources; Stream Channel Alteration 

Permit; IDAPA 42–3801 

• Idaho Department of Environmental 

Quality; Air Quality Permit to 

Construct; IDAPA 58.01.01 

• Idaho Department of Lands; 

Reclamation Plan approval and 

modification of approved Reclamation 

Plan; IDAPA 20.03.02.010, 20.03.02.120, 

and 20.03.02.140 

• Caribou County; Conditional Use 

Permit for facilities within an approved 

land use; Caribou County Zoning 

Ordinance, Chapter 13 

Schedule for the Decision-Making 

Process 

The BLM anticipates a decision in 

February 2022; the Forest Service 

anticipates a decision on support 

facilities and the special use 

authorizations in February 2022; the 

U.S. Army Corps of Engineers 

anticipates a 404 permit decision in 

February 2022. Idaho Department of 

Environmental Quality anticipates a 

Point of Compliance in December 2021 

and Idaho Department of Land 

anticipates a reclamation plan approval 

in 2022. 

Public Scoping Process 

This notice of intent initiates the 

scoping process, which guides the 

development of the Environmental 

Impact Statement. Scoping meetings 

will be virtual. An announcement about 

when and how to access the virtual 

meetings online will be posted on the 

BLM’s project website. 

The purpose of public scoping is to 

identify relevant issues that will 

influence the scope of the 

environmental analysis, including 

alternatives, and guide the process for 

developing the environmental impact 

statement. The BLM and Forest Service 

will use and coordinate the NEPA 

public scoping to help fulfill the public 

involvement requirements under the 

National Historic Preservation Act (54 

U.S.C. 306108) as provided in 36 CFR 

800.2(d)(3). The information about 

historic and cultural resources within 

the area potentially affected by the 

proposed action will assist the BLM and 

Forest Service in identifying and 

evaluating impacts to such resources. 

The BLM and Forest Service will 

conduct government-to-government 

consultation with Indian tribes in 

accordance with Executive Order 13175 

and other policies. Agencies will give 

due consideration to Tribal concerns, 

including impacts on Indian trust assets 

and treaty rights and potential impacts 

to cultural resources. 

The lead agencies invite Federal, 

State, and local agencies, along with 

Tribes and other stakeholders that may 

be interested in or affected by the 

proposed Husky 1 North Dry Ridge 

Mine to participate in scoping. Agencies 

with regulatory authority or special 

expertise, if eligible, may request or be 

requested by the BLM and Forest 

Service to participate in the 

development of the environmental 

analysis as a cooperating agency. 

Request for Identification of Potential 

Alternatives, Information, and 

Analyses Relevant to the Proposed 

Action 

BLM and Forest Service request 

assistance with identifying potential 

alternatives to the Proposed Action to be 

considered. As alternatives should 

resolve a problem with the Proposed 

Action, please indicate the purpose of 

the suggested alternative. The BLM and 

Forest Service also request that potential 

impacts that should be analyzed be 

identified. Impacts should be a result of 

the action; therefore, please identify the 

activity and the potential impact that 

should be analyzed. Information that 

reviewers have that would assist in the 

development of alternatives or analysis 

of resources issues is also helpful. 

Lead and Cooperating Agencies 

The BLM and Forest Service are joint 

lead agencies. U.S. Army Corps of 

Engineers, Idaho Department of 

Environmental Quality and Idaho 

Governor’s Office of Energy and 

Minerals are cooperating agencies. 

Decision Makers 

Idaho Falls District Manager Mary 

D’Aversa is the BLM responsible 

official. Caribou-Targhee Forest 

Supervisor Mel Bolling is the Forest 

Service responsible official. 

Nature of Decisions to Be Made 

The BLM will decide, regarding 

approval of the MRP and appropriate 

mitigation measures, the proposed 

Federal Phosphate Lease modifications, 

and other appropriate land use 

authorizations for activities that take 

place on leased lands. 

The Forest Service will decide on (1) 

recommendations to the BLM 

concerning surface management and 

mitigation on leased lands within the 

Caribou National Forest; (2) decisions 

on mine-related activities that occur offlease on NFS lands (Special Use 

Authorization), and (3) whether to 

approve project-specific amendment(s) 

to the Forest Plan. 

The USACE will decide whether to 

issue permit(s) under Section 404 of the 

Clean Water Act for placement of fill or 

dredge material into waters of the U.S. 

based on their determination of 

compliance with the EPA’s 404(b)(1) 

Guidelines (40 CFR 230) including 

selection of the least environmentally 

damaging practicable alternative and the 

public interest review finding at 33 CFR 

320.4(a). 

Public Disclosure 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

John F. Ruhs, 

State Director, Bureau of Land Management, 

Idaho. 

Mel Bolling, 

Forest Supervisor, Caribou-Targhee National 

Forest. 

[FR Doc. 2020–28242 Filed 12–22–20; 8:45 am] 

BILLING CODE 4310–GG–P 

INTERNATIONAL TRADE 

COMMISSION 

Notice of Receipt of Complaint; 

Solicitation of Comments Relating to 

the Public Interest 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has received a complaint 

entitled Certain UMTS and LTE Cellular 


jbell on DSKJLSW7X2PROD with NOTICES