Black Hills National Forest, Mystic Ranger District, South Dakota, Section 30 Limestone Mining Proposal, 62989-62991 [06-8898]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / Notices
available electronically. Information on
using Regulations.gov, including
instructions for accessing documents,
submitting comments, and viewing the
docket after the close of the comment
period, is available through the site’s
‘‘User Tips’’ link.
• Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. APHIS–2006–0155,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2006–0155.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in room 1141 of the
USDA South Building, 14th Street and
Independence Avenue, SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690–2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: For
information on regulations for plum pox
compensation, contact Mr. Stephen Poe,
Senior Operations Officer, Emergency
and Domestic Programs, PPQ, APHIS,
4700 River Road Unit 36, Riverdale, MD
20737; (301) 734–8899. For copies of
more detailed information on the
information collection, contact Mrs.
Celeste Sickles, APHIS’ Information
Collection Coordinator, at (301) 734–
7477.
Title:
Plum Pox Compensation.
OMB Number: 0579–0159.
Type of Request: Extension of
approval of an information collection.
Abstract: The Plant Protection Act (7
U.S.C. 7701 et seq.) authorizes the
Secretary of Agriculture, either
independently or in cooperation with
the States, to carry out operations or
measures to detect, eradicate, suppress,
control, prevent, or retard the spread of
plant pests, such as plum pox, that are
new to or not widely distributed within
the United States.
Plum pox is an extremely serious viral
disease of plants that can affect many
Prunus (stone fruit) species, including
plum, peach, apricot, almond, nectarine,
and sweet and tart cherry. A number of
wild and ornamental Prunus species
may also be susceptible to this disease.
Infection eventually results in severely
jlentini on PROD1PC65 with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
16:53 Oct 26, 2006
Jkt 211001
reduced fruit production, and the fruit
that is produced is often misshapen and
blemished. Plum pox virus is
transmitted locally by a variety of aphid
species, as well as by budding and
grafting with infected plant material,
and spreads over longer distances
through movement of infected
budwood, nursery stock, and other plant
parts.
There are no known effective methods
for treating trees or other plant material
infected with plum pox, nor are there
any known effective prophylactic
treatments to prevent the disease from
occurring in trees exposed to the disease
due to their proximity to infected trees
or other plant material. Without
effective treatments, the only option for
preventing the spread of the disease is
the destruction of infected and exposed
trees and other plant material.
The regulations in ‘‘Subpart-Plum
Pox’’ (7 CFR 301.74–301.74–5)
quarantine areas of the United States
where plum pox has been detected,
restrict the interstate movement of host
material from quarantined areas, and
provide for compensation to owners of
commercial stone fruit orchards and
fruit tree nurseries whose trees or
nursery stock were destroyed to
eradicate plum pox.
Section 310.74–5 requires applicants
for the payment of compensation to
complete a form.
We are asking the Office of
Management and Budget (OMB) to
approve our use of this information
collection activity for an additional 3
years.
This notice includes a description of
the information collection requirement
currently approved by the Office of
Management and Budget (OMB) for
plum pox compensation under numbers
0579–0159 and 0579–0251. After OMB
approves and combines the burden for
both collections under one collection
(number 0579–0159), the Department
will retire number 0579–0251.
The purpose of this notice is to solicit
comments from the public (as well as
affected agencies) concerning our
information collection. These comments
will help us:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our
estimate of the burden of the
information collection, including the
validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
62989
(4) Minimize the burden of the
information collection on those who are
to respond, through use, as appropriate,
of automated, electronic, mechanical,
and other collection technologies, e.g.,
permitting electronic submission of
responses.
Estimate of Burden: The public
reporting burden for this collection of
information is estimated to average 0.25
hours per response.
Respondents: Owners of commercial
stone fruit orchards and owners of fruit
tree nurseries.
Estimated Annual Number of
Respondents: 4.
Estimated Annual Number of
Responses per Respondent: 1.
Estimated Annual Number of
Responses: 4.
Estimated Total Annual Burden on
Respondents: 1 hour. (Due to averaging,
the total annual burden hours may not
equal the product of the annual number
of responses multiplied by the reporting
burden per response.)
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Done in Washington, DC, this 23rd day of
October 2006.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E6–18042 Filed 10–26–06; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Forest Service
Black Hills National Forest, Mystic
Ranger District, South Dakota, Section
30 Limestone Mining Proposal
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement
AGENCY:
ACTION:
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.
DATES: Comments concerning the scope
of the analysis would be most useful if
received 30 days following the date of
this notice. The draft environmental
impact statement is expected to be
available for public review in the Fall of
2007 and the final environmental
impact statement is expected to be
completed by the Spring of 2008.
E:\FR\FM\27OCN1.SGM
27OCN1
62990
Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / Notices
Send written comments to
Frank Carroll, Acting District Ranger,
Black Hills National Forest, Mystic
Ranger District, S–30 Limestone Mining
Operation, 8221 South Highway 16,
Rapid City, South Dakota 57702.
Telephone number: (605) 343–1567. Email: comments-rocky-mountain-blackhills-mystic@fs.fed.us with ‘‘Section 30’’
as the subject. Electronic comments
must be readable in Word, RichText or
pdf formats.
FOR FURTHER INFORMATION CONTACT:
Dave Slepnikoff, Project Coordinator,
Black Hills National Forest, Mystic
Ranger District, at above address, phone
(605) 343–1567.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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).’’
jlentini on PROD1PC65 with NOTICES
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 land on the PLS 30–1
through PLS 30–10 Lode Mining Claims,
SDMMC #209097. The Plans of
Operation 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 part 228 Subpart
A. The Project is located between Rapid
City and Black Hawk, South Dakota.
Legal description is; T.2N., R.7E., NE1⁄4
Section 30, BHM.
The Plan of Operation is summarized
as follows:
• 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.
VerDate Aug<31>2005
16:53 Oct 26, 2006
Jkt 211001
• Remove vegetation, stockpile
topsoil for future reclamation, drill and
blast rock to remove an approximate 20foot bed of limestone rock resulting in
an open pit with approximately 20-foot
high walls.
• 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.
• 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.
• The Mine Safety and Health
Administration (MSHA) will be
responsible or 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:
• Clean Water Act—Apply for
construction/mining activity permit
with National Pollutant Discharge
Elimination System (NPDES).
• Clean Air Act—Permit or permits
will be obtained to ensure that
equipment and dust control measures
comply with the Clean Air Act.
• 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.
• 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.
It is possible that Forest Plan
direction may need to be amended for
one or more resources, to allow a
decision on this project. Any
appropriate amendment(s) will be part
of the proposal.
Craig Bobzien, Forest Supervisor,
Black Hills National Forest, 1019 North
5th Street, Custer, South Dakota 57730–
7239.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
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 will advertise the
proposal in the Rapid City Journal,
newspaper of record. The project will be
listed in the Black Hills National Forest
Quarterly NEPA calendar. Adjacent
landowners, known interested parties,
and government agencies will be sent
letters describing the project and
identifying the project timeframe.
Scoping comments are requested by
November 27, 2006. An informational
and public meeting is scheduled for
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 effects 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 Effect.
The existing vegetation will be
removed prior to mining. The current
scenic view will be altered from visible
vantage points.
E:\FR\FM\27OCN1.SGM
27OCN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / Notices
Comment Requested
This notice of intent initiates the
scoping process which guides the
development of the environmental
impact statement. The Forest Service is
seeking information that planners may
not be aware of, or if you have
comments and/or concerns 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. vs. 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
VerDate Aug<31>2005
16:53 Oct 26, 2006
Jkt 211001
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: October 19, 2006.
Craig Bobzien,
Forest Supervisor, Black Hills National Forest.
[FR Doc. 06–8898 Filed 10–26–06; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
62991
National Forest, 40929 State Road 19,
Umatilla, Florida 3448–5849.
FOR FURTHER INFORMATION CONTACT:
Contact Bret Bush, Recreation Program
Manager, 352–625–2520 extension 2509.
SUPPLEMENTARY INFORMATION: The
Federal Recreation Lands Enhancement
Act (Title VIII, Pub. L. 108–447)
directed the Secretary of Agriculture to
publish a six-month advance notice in
the Federal Register whenever new
recreation fee areas are established. The
Recreation Resource Advisory
Committee will review proposals for
new fees at least three months prior to
the recommended initiation date.
Dated: October 3, 2006.
John Richard Lint,
District Ranger, Ocala National Forest.
[FR Doc. 06–8929 Filed 10–26–06; 8:45 am]
BILLING CODE 3410–11–M
Notice of New Fee; Federal Lands
Recreation Enhancement Act (Title VIII,
Pub. L. 108–447)
National Forests in Florida,
Ocala National Forest. USDA Forest
Service.
ACTION: Notice of New Fee Site.
AGENCY:
SUMMARY: The USDA Forest Service
proposes a new fee site that will involve
a special recreation permit for each
operator using the Ocala National Forest
designated off-highway vehicle trail
system. There would be a choice
between a three-consecutive day
permits ($15) or an annual permit
(proposed to be between $60 and up to
$120 pending final financial and
marketing analysis, public input, and
agency review). The Forest Service will
use funds generated to sustain the trail
system, facilities, patrols, and
monitoring.
The Ocala National Forest is
committed to providing quality
motorized recreation in balance with
what the land can support. The Ocala
National Forest recently designated
approximately 150 miles of off-highway
vehicle trails for motorcycles and
unlicensed all-terrain vehicles that
consist of mixed-use roads, ATV/
motorcycle trails, and motorcycle-only
trails. Analysis has begun to consider
additional designated trails on the Ocala
National Forest which would be
included in the fee permit system.
DATES: The proposed fee would be
initiated no sooner than April 1, 2007.
Comments, concerns, or questions on
this proposal must be submitted by
October 30, 2006.
ADDRESSES: Submit comments,
concerns, or questions about this
proposal to District Ranger, Ocala
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
ANTITRUST MODERNIZATION
COMMISSION
Public Meeting
Antitrust Modernization
Commission.
ACTION: Notice of public meeting.
AGENCY:
SUMMARY: The Antitrust Modernization
Commission will hold a public meeting
on November 14, 2006. The purpose of
the meeting is for the Antitrust
Modernization Commission to
deliberate on possible recommendations
regarding the antitrust laws to Congress
and the President.
DATES: November 14, 2006, 9:30 a.m. to
approximately 4 p.m. Advanced
registration is required.
ADDRESSES: Morgan Lewis, Main
Conference Room, 1111 Pennsylvania
Avenue, NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Andrew J. Heimert, Executive Director &
General Counsel, Antitrust
Modernization Commission: telephone:
(202) 233–0701; e-mail: info@amc.gov.
Mr. Heimert is also the Designated
Federal Officer (DFO) for the Antitrust
Modernization Commission.
For Registration: For building security
purposes, advanced registration is
required. If you wish to attend the
Commission meeting, please provide
your name by e-mail to
meetings@amc.gov or by calling the
Commission offices at (202) 233–0701.
Please register by 12 noon on November
13, 2006.
SUPPLEMENTARY INFORMATION: The
purpose of this meeting is for the
Antitrust Modernization Commission to
deliberate on its report and/or
E:\FR\FM\27OCN1.SGM
27OCN1
]]>Agencies
[Federal Register Volume 71, Number 208 (Friday, October 27, 2006)]
[Notices]
[Pages 62989-62991]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8898]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Black Hills National Forest, Mystic Ranger District, South
Dakota, Section 30 Limestone Mining Proposal
AGENCY: Forest Service, USDA.
ACTION: 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.
DATES: Comments concerning the scope of the analysis would be most
useful if received 30 days following the date of this notice. The draft
environmental impact statement is expected to be available for public
review in the Fall of 2007 and the final environmental impact statement
is expected to be completed by the Spring of 2008.
[[Page 62990]]
ADDRESSES: Send written comments to Frank Carroll, Acting District
Ranger, Black Hills National Forest, Mystic Ranger District, S-30
Limestone Mining Operation, 8221 South Highway 16, Rapid City, South
Dakota 57702. Telephone number: (605) 343-1567. E-mail: comments-rocky-mountain-black-hills-mystic@fs.fed.us with ``Section 30'' as the
subject. Electronic comments must be readable in Word, RichText or pdf
formats.
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 land on the PLS 30-1 through PLS 30-10 Lode
Mining Claims, SDMMC 209097. The Plans of Operation 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 part 228 Subpart A. The
Project is located between Rapid City and Black Hawk, South Dakota.
Legal description is; T.2N., R.7E., NE\1/4\ Section 30, BHM.
The Plan of Operation is summarized as follows:
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.
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.
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.
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.
The Mine Safety and Health Administration (MSHA) will be
responsible or 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:
Clean Water Act--Apply for construction/mining activity
permit with National Pollutant Discharge Elimination System (NPDES).
Clean Air Act--Permit or permits will be obtained to
ensure that equipment and dust control measures comply with the Clean
Air Act.
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.
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.
It is possible that Forest Plan direction may need to be amended
for one or more resources, to allow a decision on this project. Any
appropriate amendment(s) will be part of the proposal.
Craig Bobzien, Forest Supervisor, Black Hills National Forest, 1019
North 5th 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 will advertise the proposal in the Rapid City
Journal, newspaper of record. The project will be listed in the Black
Hills National Forest Quarterly NEPA calendar. Adjacent landowners,
known interested parties, and government agencies will be sent letters
describing the project and identifying the project timeframe. Scoping
comments are requested by November 27, 2006. An informational and
public meeting is scheduled for 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 effects 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 Effect.
The existing vegetation will be removed prior to mining. The
current scenic view will be altered from visible vantage points.
[[Page 62991]]
Comment Requested
This notice of intent initiates the scoping process which guides
the development of the environmental impact statement. The Forest
Service is seeking information that planners may not be aware of, or if
you have comments and/or concerns 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. vs. 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: October 19, 2006.
Craig Bobzien,
Forest Supervisor, Black Hills National Forest.
[FR Doc. 06-8898 Filed 10-26-06; 8:45 am]
BILLING CODE 3410-11-M
