[Federal Register Volume 63, Number 209 (Thursday, October 29, 1998)]
[Notices]
[Pages 58006-58007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29027]
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DEPARTMENT OF AGRICULTURE
Forest Service
El Luky Duk Placer Claim, Suction Dredging; Nez Perce National
Forest, Idaho County, ID
AGENCY: Forest Service, USDA.
ACTION: Notice; intent to prepare environmental impact statement.
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SUMMARY: The Forest Service will prepare an environmental impact
statement (EIS) to analyze and disclose the environmental effects of
dredging on the El Luky Duk placer claim on the South Fork Clearwater
River. The claimant has proposed using four different dredges (an
eight-inch, a six-inch, a five-inch, and a three-inch), one at a time,
to remove possible gold deposits from the gravel and at bedrock in the
South Fork Clearwater River. The proposal is to operate for two years
between the first of July to the first week in October. The El Luky Duk
placer claim is located in portions of Sections 20, 21, 27 and 28,
T29N, R7E, BPM. The suction dredging is proposed for a reach of the
river in Section 27.
DATES: Written comments and suggestions should be received on or before
November 30, 1998.
ADDRESSES: Send written comments and suggestions on the proposed action
or requests for a map of the proposed action or to be placed on the
project mailing list to Michael R. McGee, Acting District Ranger, Red
River Ranger District, P.O. Box 416, Elk City, Idaho 83525.
FOR FURTHER INFORMATION CONTACT:
Jo Ellis, District Geologist, Red River Ranger District, P.O. Box 416,
Elk City, Idaho 83525, phone (208) 842-2245.
SUPPLEMENTARY INFORMATION: The proposed action is proposed pursuant to
the 1872 Mining Law, the Organic Administration Act of 1897 and Forest
Service mining regulations, Title 36 Code of Federal Regulations (CFR),
Part 228, Subpart A. The United States mining laws at 30 U.S.C. 21-54
confer a statutory right to enter upon the public land to search for
and remove certain minerals. The Forest Service has the responsibility
to make sure that the activities are conducted so as to minimize
adverse environmental impacts to National Forest System lands, 36 CFR,
Part 228, Subpart A.
The proposal involves processing approximately 325 cubic yards of
river gravel over a 150 foot section of the South Fork Clearwater
River. A cross section approximately eight feet wide and six feet deep
would be processed. The process involves utilizing high pressure water
pumps driven by gasoline-powered motors which create suction in a
flexible intake pipe. A mixture of streambed sediment and water is
vacuumed into the intake pipe and passed over a sluice box mounted on a
floating barge. Dense particles (including gold) are trapped in the
sluice box. The remainder of the entrained material is discharged into
the stream as tailings or spoils. A hole is created in the gravel so
bedrock is exposed. Cracks in the bedrock are then cleaned with the
suction. Large boulders or rootwads are moved by cables attached to a
winch.
The Forest Service will consider a range of alternatives to the
proposed action. One of these will be the ``no action'' alternative, in
which the Plan of Operations would not be approved. Additional
alternatives will examine varying intensity and duration of the
proposed activities, including restrictions on the size of equipment
and length of seasonal operation, as well as respond to the issues and
other resource values.
Public participation is an important part of the project,
commencing with the initial scoping process (40 CFR 1501.7), which
starts with publication of this notice and continues for the next 30
days. In addition, the public is encouraged to visit with Forest
Service officials at any time during the analysis and prior to the
decision. The Forest Service will be seeking information, comments, and
assistance from Federal, State, and local agencies, the Nez Perce
Tribe, and other individuals or organizations who may be interested in
or affected by the proposed action.
Comments from the public and other agencies will be used in
preparation of the draft EIS. The scoping process will be used to:
1. Identify potential issues;
2. Identify major issues to be analyzed in depth;
3. Eliminate minor issues or those which have been covered by a
relevant previous environmental analysis, such as the Nez Perce
National Forest Plan EIS;
4. Identify alternatives to the proposed action;
5. Identify potential environmental effects of the proposed action
and alternatives (i.e., direct, indirect, and cumulative effects).
While public participation in this analysis is welcome at any time,
comments received within 30 days of the publication of this notice will
be especially useful in the preparation of the draft EIS, which is
expected to be filed with the Environmental Protection Agency and
available for public review in January 1999. A 45-day comment period
will follow publication of a Notice of Availability of the draft EIS in
the Federal Register. The comments received will be analyzed and
considered in preparation of a final EIS, which is expected to be filed
in June 1999. A Record of Decision will be issued not less than 30 days
after publication of a Notice of Availability of the final EIS in the
Federal Register.
The Forest Service believes it is important at this early stage to
give reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
draft EISs must structure their participation in the environmental
review of the proposal in such a way 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.C. 519, 513, (1978). Also,
environmental objections that could be raised at the
[[Page 58007]]
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
in order that substantive comments and objections are available to the
Forest Service at a time when it can meaningfully consider them and
respond to them in the final EIS. To assist the Forest Service in
identifying and considering issues and concerns on the proposed action,
comments should be as specific as possible. Reviewers may wish to refer
to the Council on Environmental Quality Regulations for implementing to
procedural provisions of the National Environmental Policy Act at 40
CFR 1503.3 in addressing these points.
Michael R. McGee is the responsible official for this environmental
impact statement.
Dated: October 20, 1998.
Michael R. McGee,
Acting District Ranger, Red River Ranger District, Nez Perce National
Forest.
[FR Doc. 98-29027 Filed 10-28-98; 8:45 am]
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