[Federal Register Volume 74, Number 193 (Wednesday, October 7, 2009)]
[Notices]
[Pages 51550-51552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24027]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Black Hills National Forest, Mystic Ranger District, South 
Dakota, Section 30 Limestone Mining Proposal

AGENCY: Forest Service, USDA.

ACTION: Corrected Notice of Intent to prepare an environmental impact 
statement.

-----------------------------------------------------------------------

SUMMARY: A Plan of Operation has been submitted by Pete Lien and Sons, 
Inc., for the purpose of mining for chemical grade limestone within 
mining claims on National Forest System land. The proposal is to mine 
within Pennington County totaling approximately 100 acres about one 
mile north of the northwest boundary of Rapid City, South Dakota. The 
original Notice of Intent for this project was published in Federal 
Register (71 FR 208, pg. 62989) on Friday, October 27, 2006. This 
corrected Notice of Intent is being republished due to time lapse 
between the original publication of the NOT and the new estimated Draft 
and Final ETS publication dates.

[[Page 51551]]


DATES: The draft environmental impact statement is expected to be 
available for public review in December of 2009 and the final 
environmental impact statement is expected to be completed by March of 
2010.

FOR FURTHER INFORMATION CONTACT: Dave Slepnikoff, Project Coordinator, 
Black Hills National Forest, Mystic Ranger District, at above address, 
phone (605) 343-1567.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The Purpose and Need for this project is authorization of Pete Lien 
and Sons, Inc., proposal to exercise their rights under U.S. mining 
laws while protecting the environment in accordance with Forest Service 
regulations for locatable minerals. The Purpose and Need has several 
components. Pete Lien and Sons, Inc. has a statutory right to extract 
locatable minerals (chemical grade limestone) as proposed in accordance 
with the General Mining Law of 1872, as amended (30 U.S.C. 21-54). The 
Forest Service has the responsibility to protect surface resources of 
National Forest System lands to the extent practicable. Forest Service 
mining regulations state that, ``operations shall be conducted so as, 
where feasible, to minimize adverse impacts on National Forest System 
surface resources (36 CFR 228.8).''

Proposed Action

    The proposed action is to approve the Plan of Operation (PoO) 
submitted by Pete Lien and Sons, Inc. to mine approximately 100 acres 
of National Forest System lands on the PLS 30-1 through PLS 30-10 Lode 
Mining Claims, SDMMC <greek-i>209097. The Plan of Operations was 
developed by Pete Lien and Sons, Inc. It was submitted to the Forest 
Service in accordance with the General Mining Law of 1872, as amended 
and Forest Service mining regulations at 36 CFR 228 Subpart A. The 
Project is located between Rapid City and Black Hawk, South Dakota. 
Legal description is; T.2N., R.7E., NE. [frac14] Section 30, BHM.
    The Plan of Operation is summarized as follows:
    <bullet> It is estimated that the operation will process 
approximately 10 million tons of limestone. The life of the proposed 
mine is estimated at 10 years, not including final reclamation.
    <bullet> Remove vegetation, stockpile topsoil for future 
reclamation, drill and blast rock to remove an approximate 20 foot bed 
of limestone rock resulting in an open pit with approximately 20 foot 
high walls.
    <bullet> Blasted rock may be crushed on site to reduce size for 
hauling. Raw materials will be hauled to the east of Highway 79 for 
processing into chemical grade limestone products.
    <bullet> Concurrent reclamation is planned. Therefore approximately 
60 acres will be disturbed at any one time. Reclamation will result in 
a depression on the existing hillside. High walls will be reduced, site 
graded, topsoil applied, and vegetation planted once mineral extraction 
is complete.
    <bullet> The Mine Safety and Health Administration (MSHA) will be 
responsible for enforcing mine safety regulations. The mine site will 
be enclosed by fences and gates as required by MSHA and other 
regulatory guidance.
    Pete Lien and Sons, Inc. will secure permits for all mining and 
reclamation activities as required by law. Several permits have been 
obtained or will be obtained pending the NEPA analysis and decision. 
Notable permit requirements include:
    <bullet> Clean Water Act--Apply for construction/mining activity 
permit with National Pollutant Discharge Elimination System (NPDES).
    <bullet> Clean Air Act--Permit or permits will be obtained to 
ensure that equipment and dust control measures comply with the Clean 
Air Act.
    <bullet> South Dakota Mining License--Pete Lien and Sons, Inc. 
currently has a mining license inclusive of the relevant portion of 
Section 30. The proposed mine may be exempt from further state 
permitting per a statutory exemption for the extraction of cement 
precursors.
    <bullet> Pennington County Construction (Mining) Permit--Pete Lien 
and Sons, Inc. will notify the County of its schedule and plans to 
initiate mining on Section 30. Construction permit CP 01-05 specifies 
the scope of the County's further review of road impacts, drainage, and 
other matters related to mining on Section 30.

Responsible Official

    Craig Bobzien, Forest Supervisor, Black Hills National Forest, 1019 
North 51 Street, Custer, South Dakota 57730-7239.

Nature of Decision To Be Made

    The Forest Supervisor will decide whether the proposed action will 
proceed as proposed or as modified by an alternative. Also, he will 
decide which recommended mitigation measures and monitoring 
requirements will be applied. Finally, he will decide if a Forest Plan 
Amendment is required.

Scoping Process

    The Forest Service advertised the proposal in the Rapid City 
Journal, newspaper of record on Friday, October 27, 2006. The project 
is listed in the Black Hills National Forest Quarterly NEPA calendar. 
Adjacent landowners, known interested parties, and government agencies 
received letters describing the project and identifying the project 
timeframe. Scoping comments were received by November 27, 2006. Art 
informational and public meeting was held on November 14, 2006, at 7 
p.m. in the Black Hawk Elementary School Gymnasium regarding this 
project proposal.

Preliminary Issues

    At this time, project planners are aware of issues related to 
cultural (heritage) resources and scenic quality. Through the Scoping 
process, we will use comments obtained about the proposed action to 
determine the breadth of issues to be addressed in the analysis.
    The potential for adverse affects to heritage resources has been 
identified as an issue for this proposed undertaking. A number of 
archaeological sites have been identified and recorded in the project 
area as a result of heritage resource surveys. Five of these sites have 
been evaluated as eligible for nomination to the National Register of 
Historic Places. Through consultation with Indian Tribes, use of this 
area for religious activities has also been documented. Pursuant to the 
National Historic Preservation Act (NHPA), the Forest is in 
consultation with Indian Tribes and the South Dakota State Historic 
Preservation Office to develop measures of avoidance and/or mitigation 
for significant cultural and archaeological values by the proposed 
undertaking. Successful completion of consultation pursuant to the NHPA 
would result in a Memorandum of Agreement that will implement avoidance 
or mitigation of significant heritage resources in the Area of 
Potential Affect.
    The existing vegetation will be removed prior to mining. The 
current scenic view will be altered from visible vantage points.

Comment Requested

    This notice of intent corrects information in the original NOI. The 
original NOI initiated the scoping process which guides the development 
of the environmental impact statement. The Forest Service sought 
information that planners may not have been aware of, or comments and/
or concerns

[[Page 51552]]

regarding potential effects of the proposal to authorize mining on the 
Section 30 PLS Lode Mining Claims. Early Notice of Importance of Public 
Participation in Subsequent Environmental Review: A draft environmental 
impact statement will be prepared for comment.
    The comment period on the draft environmental impact statement will 
be for 45 days from the date the Environmental Protection Agency 
publishes the Notice of Availability in the Federal Register. The 
Forest Service 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 
draft environmental impact statements 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 Environmental Impact Statement stage but that are not raised 
until after completion of the final environmental impact statement 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 Forest 
Service at a time when it can meaningfully consider them and respond to 
them in the final environmental impact statement. To assist the Forest 
Service in identifying and considering issues and concerns on the 
proposed action, comments on the draft environmental impact statement 
should be as specific as possible. It is also helpful if comments refer 
to specific pages or chapters of the draft statement. Comments may also 
address the adequacy of the draft environmental impact statement or the 
merits of the alternatives formulated and discussed in the statement. 
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.

    Dated: September 29, 2009.
Craig Bobzien,
Forest Supervisor, Black Hills National Forest.
[FR Doc. E9-24027 Filed 10-6-09; 8:45 am]
BILLING CODE 3410-11-M