[Federal Register Volume 60, Number 26 (Wednesday, February 8, 1995)]
[Notices]
[Pages 7518-7519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3077]



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DEPARTMENT OF AGRICULTURE

Zaca Mine Project; Toiyabe National Forest, Alpine County, CA

agency: Forest Service, USDA.

action: Notice of Intent to Prepare an Environmental Impact Statement.

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summary: The Department of Agriculture, Forest Service and Alpine 
County Planning Department will be jointly preparing an Environmental 
Impact Statement/Report (EIS/EIR) for the proposed development of an 
open pit/heap leach gold and silver mining project in Alpine County, 
California. Preparation of the EIS will be assisted by a third party 
contractor, funded by the proponent, Western States Minerals 
Corporation (WSM).

dates: Comments concerning the scope of the analysis should be received 
in writing no later than March 27, 1995.

addresses: Send written comments to: R.M. ``Jim'' Nelson, Forest 
Supervisor, Toiyabe National Forest, 1200 Franklin Way, Sparks, Nevada 
89431.

for further information contact: Direct questions about the proposed 
project and preparation of the EIS to Maureen Joplin, Project Team 
Leader, Toiyabe National Forest. Telephone: 702-355-5394.

supplementary information: Western States Minerals Corporation (WSM) 
has filed a proposed Plan of Operations (POO) for an open pit/cyanide 
heap leach gold/silver mine in Alpine County, California. The project 
is located approximately four miles southeast of Markleeville in 
sections 29,30,31 and 32, T10N R21E, M.D.M. Total area of proposed 
disturbance is [[Page 7519]] 228 acres. Forest Service review of the 
project is required to minimize impacts to natural resources, to 
develop an approved plan of operations pursuant to regulations at 36 
CFR 228, and to coordinate permitting with other state and federal 
agencies. Alpine County will review the proposal for a Conditional Use 
Permit consistent with planning and zoning and for consistency with 
California's Surface Mining and Reclamation Act. Alpine County and 
Forest Service will act as joint lead agencies for the project review. 
Scoping of interested agencies began with a meeting on January 24, 
1995. Public comments will be requested through notices published in 
the Reno Gazette-Journal, Douglas County Record-Courier, Alpine 
Enterprise, Nevada Appeal, and Tahoe Daily Tribune, through direct 
mailings, and through a public meeting to be held at Turtle Rock Park, 
Alpine County on February 22, 1995. Copies of the proposed operating 
plan may be viewed at the Carson and Bridgeport Ranger District offices 
(Carson City, NV and Bridgeport, CA), and at the Forest Supervisor's 
office (Sparks, NV). Forest Service and Alpine County evaluated a 
similar project at the same location in 1982. An environmental 
assessment/environmental (EA/EIR) impact report was written, and the 
project approved but never implemented. Copies of the 1982 EA/EIR are 
available for review at the Forest Supervisor's office, and at the 
Carson and Bridgeport Ranger Districts. Preliminary issues associated 
with the project are water quality in Monitor Creek and the East Fork 
of the Carson River, impacts to wetlands, reclamation of disturbed 
areas, public safety, and socioeconomic impacts. Alternatives will be 
formulated which address these and any other issues generated by 
scoping; the no action alternative will also be analyzed. A draft EIS/
EIR is anticipated for release in January of 1996.
    Several government agencies will be invited to participate in this 
project as cooperating or participating agencies. These agencies 
include, but are not limited to, U.S. Army Corps of Engineers, U.S. 
Fish and Wildlife Service, U.S. Environmental Protection Agency, 
California Regional Water Quality Control Board, California Dept. of 
Fish and Game and California Dept. of Transportation. Additional 
federal, state, and local permits and licenses may be required to 
implement the proposed action. These may include, but are not limited 
to, a Section 404 permit, Water Pollution Control Permit, Reclamation 
Permit for Mining Operations, and a General Discharge Permit for 
Stormwater.
    The Forest Service is the lead federal agency for this project and 
R.M. ``Jim'' Nelson, Forest Supervisor of the Toiyabe National Forest 
is the responsible official. The Draft EIS is expected to be filed with 
the U.S. Environmental Protection Agency (EPA) and be available for 
review in January of 1996. At that time, EPA will publish a Notice of 
Availability of the Draft EIS in the Federal Register. The comment 
period on the Draft EIS will be at least 45 days from the date the 
EPA's notice of availability appears 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 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 or 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.

    Dated: January 31, 1995.
Gary Sayer,
Deputy Forest Supervisor, Toiyabe National Forest.
[FR Doc. 95-3077 Filed 2-7-95; 8:45 am]
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