Rosemont Copper Project, Coronado National Forest, Pima County, Arizona, 13527-13529 [E8-4780]
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Federal Register / Vol. 73, No. 50 / Thursday, March 13, 2008 / Notices
(3) Ways to enhance the quality,
utility and clarity of the information
collected; or
(4) Ways to minimize the burden of
the information collection on those who
are to respond through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
All responses received in response to
this notice, including names and
addresses when provided, will be a
matter of public records. Comments will
be summarized and included in the
request for Office of Management and
Budget approval of the information
collection.
Signed in Washington, DC on March 6,
2008.
Teresa C. Lasseter,
Administrator, Farm Service Agency.
[FR Doc. E8–4989 Filed 3–12–08; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF AGRICULTURE
Forest Service
Rosemont Copper Project, Coronado
National Forest, Pima County, Arizona
Forest Service, USDA.
Notice of intent to prepare an
Environmental Impact Statement.
AGENCY:
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ACTION:
SUMMARY: In accordance with the
President’s Council on Environmental
Quality Regulations Implementing the
Procedural Provisions of the National
Environmental Policy Act of 1969, the
U.S. Department of Agriculture, Forest
Service, announces its intent to prepare
an environmental impact statement to
document and publicly disclose the
environmental effects of proposed
construction and operation of an openpit mine on National Forest System land
and the effects of any necessary
amendments to the Coronado National
Forest Land and Resource Management
Plan. The proposed mining project
would be located on 995 acres of private
land and 3,670 acres of National Forest
System land about 30 miles southeast of
Tucson, Arizona, within Townships 18
and 19, Ranges 15 and 16, Gila and Salt
River Meridian, Pima County, Arizona.
Land under the jurisdiction of the U.S.
Department of the Interior, Bureau of
Land Management, and the State of
Arizona may be affected by certain
activities associated with the proposed
project. Production of 234 million
pounds of copper, 4.5 million pounds of
molybdenum, and 2.7 million ounces of
silver is estimated annually over a
period of approximately 20 years.
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To be given full consideration
during this National Environmental
Policy Act (NEPA) review, written and
oral comments concerning the scope of
the environmental impact statement
(EIS) analysis must be received by the
Coronado National Forest (Forest)
within 30 days following the
publication of this notice in the Federal
Register. Written and oral comments
may also be submitted during open
houses that will be held by the Forest
Service as follows:
1. March 18, 2008, 7 p.m. to 9 p.m.,
Pima Community College, Desert Vista
Campus, 5901 South Calle Santa Cruz,
Tucson, Arizona;
2. March 19, 2008, 6:30 p.m. to
8:30 p.m., Canoa Hills Recreation
Center, 3660 South Camino del Sol,
Green Valley, Arizona; and
3. March 20, 2008, 6 p.m. to 8 p.m.,
Patagonia Union High School, Highway
82, Patagonia, Arizona.
A Draft EIS (DEIS) for the Rosemont
Copper Project (Project) is expected to
be filed with the Environmental
Protection Agency (EPA) in March 2009,
at which time EPA will publish a Notice
of Availability (NOA) of the Draft EIS in
the Federal Register. The NOA will
begin a period of public review of the
DEIS that will extend 45 days from the
date of publication of the NOA in the
Federal Register. The Final EIS (FEIS)
and a Record of Decision (ROD) are
scheduled to be completed in November
2009.
ADDRESSES: Written comments on this
notice may be mailed or hand-delivered
to ATTN: Ms. Beverley Everson,
Geologist, Coronado National Forest,
300 W. Congress St., Tucson, Arizona
85701. Comments may be also be
submitted by facsimile to (520) 388–
8305 and by electronic mail (e-mail) to
comments-southwesterncoronado@fs.fed.us. Postal envelopes
and the subject line of email and
facsimiles should include the words
‘‘Rosemont Copper Project EIS.’’
Addresses for open house meetings are
given above.
FOR FURTHER INFORMATION CONTACT: For
further information on the Rosemont
Copper Project (Project), please contact
Ms. Beverley Everson in writing at the
address above or by telephone at (520)
388–8428. Questions on the Forest
Service NEPA process may be directed
to Ms. Andrea Wargo Campbell, Forest
NEPA Coordinator, at the same address
and telephone (520) 388–8352.
SUPPLEMENTARY INFORMATION:
DATES:
Background
The Project area is located on the
Nogales Ranger District, Coronado
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13527
National Forest, in the northern Santa
Rita Mountains in Pima County,
Arizona, where production of copper
began in the 1880s and continued until
1951. Although several exploration
projects have been undertaken since
then, there has been no recent
production of copper ore. In the past
few years, a significant increase in the
value of copper has made mining of
certain claims in the area economically
viable.
The Project is proposed by the
Rosemont Copper Company (Company),
a subsidiary of Augusta Resource
Corporation, which acquired the
Rosemont Mine property in 2005. In
July 2007, the Company submitted a
Mine Plan of Operations (MPO),
including a reclamation plan, to the
Forest, requesting approval to construct
and operate ore-mining and related
facilities on and adjacent to National
Forest System (NFS) land in Pima
County, Arizona.
There are 132 patented lode claims,
850 unpatented lode claims, and 14
parcels of fee land in the Project area.
Lode deposits that would be mined as
part of the Project are, for the most part,
on Company (private) property. Most
unpatented claims were staked on
Federal land managed by the Forest
Service; however, a few of these claims
in the northwest portion of the property
are on Federal land managed by the
BLM.
Proposed Action
The EIS will disclose the potential
environmental and social impacts of (1)
Approval by the Forest Service of an
MPO and reclamation plan that
addresses construction and operation of
an open-pit mine and related facilities
on claims held by the Company, and (2)
amendment of the Coronado National
Forest Land and Resource Management
Plan (Forest Plan), if necessary, to allow
specific mining activities to be
undertaken on NFS land. Connected
actions related to the MPO (e.g.,
construction of roads, utilities) will also
be evaluated in the EIS, regardless of
whether they are proposed to be
undertaken on NFS land. Impacts of
reasonably foreseeable actions in the
Project area will be considered in
combination with the impacts of the
Project to estimate the potential
cumulative impacts of Project
implementation.
The Project would be undertaken on
a mosaic of privately owned and
Federally managed land. Extraction of
ore from an approximately 2,900-footdeep open-pit mine would be conducted
primarily on private land. Processing,
waste management, and other support
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Federal Register / Vol. 73, No. 50 / Thursday, March 13, 2008 / Notices
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facilities are proposed to be located on
the Forest, and project infrastructure,
such as utilities, could be located on
BLM and state land. Access to mining
claims would originate on State
Highway 83 east of the property. A new
access road is proposed.
Project-related activities to be
addressed in the EIS include, but are not
be limited to, the following:
b Construction, operation and
reclamation of an open-pit copper,
silver and molybdenum mine primarily
on private land.
b Construction, operation, and
reclamation of an ore-processing plant,
tailings, waste rock and leach facilities
on NFS land adjacent to the mine.
b Construction and operation of
infrastructure, such as utilities and their
corridors, on non-NFS land.
b Construction of a new access road,
leach field, retention structures, wells,
ore transportation systems, and test
reclamation plots.
b Use of existing roads, new road
construction, and maintenance of both.
b Labor requirements for
construction, operation, processing, and
reclamation.
b Implementation of mitigation to
avoid or minimize impacts;
b Closure, reclamation and
maintenance of the mine and related
facilities.
b Resource monitoring during
construction, operation, and
reclamation.
The Forest Service will serve as the
lead agency in the preparation of the
EIS, in accordance with the Council on
Environmental Quality Regulations
(CEQ) at 40 CFR 1501.6, and will be
responsible for compliance with the
NEPA, CEQ regulations, Forest Service
NEPA directives, and various resourceprotection laws and regulations. Other
agencies, such as the BLM, State of
Arizona, and Pima County, may be
invited to participate in the NEPA
review as cooperating agencies,
depending on their jurisdiction and/or
expertise, and in accordance with CEQ
NEPA regulations.
Purpose of and Need for Action
The purpose of the proposed Forest
Service action is to grant permission to
the Company to use NFS land for
certain activities related to operation of
the Rosemont Mine. The agency’s need
for action is based on statutes and
policy that govern mining on NFS land.
Most NFS land is subject to the
location of certain minerals under the
Mining Law of 1872, as amended (30
U.S.C. 21–54, et seq.), and the directives
in Forest Service Manual 2800.
Prospecting, locating, and developing
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16:19 Mar 12, 2008
Jkt 214001
the mineral resources on NFS land are
also subject to other rules and
regulations. These include, but are not
limited to, the following:
1. The 1897 Organic Administration
Act (30 Stat. 11, as amended; 16 U.S.C.
473–475, 477–482, 551) grants the
Secretary of Agriculture the authority to
regulate the occupancy and use of NFS
lands. It provides the public with the
continuing right to conduct mining
activities under general mining laws
and in compliance with rules and
regulations applicable to NFS lands. It
also recognizes the rights of miners and
prospectors to access NFS lands for
prospecting, locating and developing
mineral resources.
2. The 1960 Multiple-Use SustainedYield Act (74 Stat. 215; 16 U.S.C. 528–
531) requires that NFS lands be
administered in a manner that includes
consideration of the relative values of
various resources as part of management
decisions and specifically provides that
nothing in the Act be construed to affect
the use or administration of the mineral
resources on NFS lands.
3. The 1970 Mining and Minerals
Policy Act (84 Stat. 1876; 30 U.S.C. 21a)
established the Federal Government’s
policy for mineral development, ‘‘* * *
to foster and encourage private
enterprise in the development of
economically sound and stable
industries and in the orderly
development of domestic resources to
help assure satisfaction of industrial,
security, and environmental needs’’.
4. Regulations at Title.36, Code of
Federal Regulations, part 228A, set forth
rules and procedures governing the use
of NFS lands in conjunction with
operations authorized by general mining
laws. Part 228.3(a) specifically
addresses the development of mineral
resources.
Preliminary Identification of Issues
Based on a preliminary review of the
proposed action by Forest resource
specialists, the following potential
issues were identified:
b Effects on the economy, public
services, quality of life and other
community resources in Pima County,
Tucson, and nearby communities;
b Effects on the quality and
availability of surface water
groundwater resources;
b Effects on vegetation and wildlife,
including those having special-status
designations by the U.S. Fish and
Wildlife Service, Arizona Game and
Fish Department, Forest Service, Region
3 Regional Forester; and Forest Plan;
b Effects on soils and geology;
b Effects on aesthetic resources,
including Forest visual quality
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objectives and State Highway 83, a statedesignated scenic highway;
b Effects on archaeological, historic,
and cultural resources, including Native
American interests and values;
b Effects on Forest recreational use
and compatibility with other land uses;
b Effects of increased traffic on local
roads and transportation systems;
b Effects of mining and processing
and vehicle traffic on;
b Effects of noise on nearby
residents, Forest users, and sensitive
wildlife.
The preceding list is subject to
change, based on future comments
received from the public and resource
agencies.
Responsible Official
Ms. Jeanine Derby, Forest Supervisor,
Coronado National Forest, will be the
Responsible Official who prepares the
Record of Decision (ROD) at the
conclusion of this NEPA review. The
Forest address is provided above.
Nature of NEPA Decision To Be Made
Based on the results of the NEPA
analysis, the Forest Supervisor’s ROD
regarding the MPO and reclamation
plan will recommend implementation of
one of the following: (1) The proposed
action and mitigation necessary to
minimize or avoid adverse impacts; (2)
an alternative to the proposed action
and mitigation necessary to minimize or
avoid adverse impacts, or (3) the noaction alternative. The ROD will also
document the consistency of the
proposed action with the Coronado
National Forest Land and Resource
Management Plan (Forest Plan) (1986, as
amended) and approval of Proposed
amendments to it.
National Forest Management Act
Consistency
The Forest must ensure that the
Project is consistent with the Forest
Plan, which was prepared in accordance
with direction in the National Forest
Management Act (16 U.S.C. 1600). The
Forest Plan provides land management
guidance and direction to Forest
managers in terms of Forest-wide and
management-area-specific goals,
objectives, standards, and guidelines,
based on desired future conditions on
the Forest. If implementation of the
Project will require amendments to the
Forest Plan, all proposed amendments
will be evaluated for environmental
effects in conjunction with the NEPA
review of the Project.
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Federal Register / Vol. 73, No. 50 / Thursday, March 13, 2008 / Notices
Request for Comments on the NEPA
Review
The Forest Service encourages
citizens to express issues, concerns, and
suggestions they may have about this
proposed action. Comments should be
directly related to issues associated with
the proposed action, rather than general
advocacy of or opposition to the project,
to best assist us in the NEPA analysis.
Although comments are welcome at any
time during the NEPA review, they will
be most useful to us if they are received
within 30 days following the
publication of this notice. If you have
questions about this notice or the
scoping process, please contact Ms.
Beverley Everson, Geologist, Coronado
National Forest, at telephone (520) 388–
8352 prior to submitting your
comments.
Written comments may be mailed or
hand-delivered to Ms. Everson at
Coronado National Forest, 300 W.
Congress St., Tucson, Arizona 85701;
sent by facsimile to (520) 388–8305; or
submitted by email to commentssouthwestern-coronado@fs.fed.us.
Envelopes and the subject line of email
and facsimiles should include the words
‘‘Rosemont Copper Project EIS.’’ Oral
and written comments may also be
submitted at the open houses listed
above or in person at the Forest address
above.
Please be advised that comments and
personal information associated with
them, such as names and addresses, will
become part of the administrative record
for this NEPA review. As such, they
may be made available to a third-party
in response to a Freedom of Information
Act (FOIA) request. You may prefer to
submit comments without including
personal information. Or, you may
request of the Forest Service that your
personal information be exempted from
release under the FOIA. You will
subsequently be informed by the Forest
Service whether or not your request
qualifies for an exemption. If it does not,
you will be afforded the opportunity to
resubmit your comments without
personal information or to withhold
them altogether.
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Early Notice of the Importance of
Public Participation in the NEPA
Process
Following the 30-day scoping period
announced in this notice, the Forest
Service will prepare a draft
environmental impact statement (DEIS).
Upon completion, the DEIS will be
made available for a 45-day public
review and comment period that will
begin on the date that the EPA publishes
an NOA of the DEIS in the Federal
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16:19 Mar 12, 2008
Jkt 214001
Register. The Forest Service believes
that, at this early stage, it is important
to provide the public with notice about
several court rulings related to public
participation in the NEPA
environmental review process.
First, reviewers of a DEIS must
structure their participation in the
NEPA review so that it is meaningful
and alerts the agency to the reviewer’s
position and contentions [Vermont
Yankee Nuclear Power Com. v. NRDC,
435 U.S. 519, 553 (1978)]. Also,
environmental objections that could be
raised at the DEIS stage but that are not
raised until after completion of the final
environmental impact statement (FEIS)
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. Wise. 1980)].
Because of these court rulings, it is very
important that those parties who are
interested in this proposed action
participate before the close of a public
comment period so that substantive
comments and objections are available
to the Forest Service in a timely manner
that will allow them to be meaningfully
considered and subsequently addressed
in the FEIS.
To assist the Forest Service in
identifying and considering issues and
concerns about the proposed action,
comments on a DEIS should be as
specific as possible. It is also helpful if
comments refer to specific line
numbers, pages, and/or chapters of the
DEIS. Comments may address the
adequacy of the DEIS or the merits of
the alternatives formulated an discussed
in it. For comments of this nature,
reviewers may choose to refer to CEQ
regulations at 40 CFR 1503.3.
Comments received, including the
names and addresses of those who
comment, will be considered part of the
public record of this NEPA review and
will be available for public inspection
unless exempted from such.
(Authority: 40 CFR parts 1501.7 and
1508.22; Forest Service Handbook 1909.15,
section 21).
Authorization: National
Environmental Policy Act of 1969 as
amended (42 U.S.C. 4321–4346);
Council on Environmental Quality
Regulations (40 CFR parts 1500–1508);
U.S. Department of Agriculture NEPA
Policies and Procedures (7 CFR part 1
b).
February 28, 2008.
Jeanine A. Derby,
Forest Supervisor.
[FR Doc. E8–4780 Filed 3–12–08; 8:45 am]
BILLING CODE 3410–11–M
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13529
DEPARTMENT OF AGRICULTURE
National Agricultural Statistics Service
Notice of Intent to Seek Approval To
Conduct an Information Collection
National Agricultural Statistics
Service, USDA.
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the intention of the
National Agricultural Statistics Service
(NASS) to seek approval to conduct a
new information collection, the Generic
Clearance for Survey Research Studies.
DATES: Comments on this notice must be
received by May 12, 2008 to be assured
of consideration.
ADDRESSES: You may submit comments,
identified by docket number 0535–
NEW, Generic Clearance to Conduct
Survey Research Studies, by any of the
following methods:
• E-mail: ombofficer@nass.usda.gov.
Include docket number and title above
in the subject line of the message.
• Fax: (202) 720–6396.
• Mail: Mail any paper, disk, or CD–
ROM submissions to: NASS Clearance
Officer, U.S. Department of Agriculture,
Room 5336A, Mail Stop 2024, South
Building, 1400 Independence Avenue
SW., Washington, DC 20250–2024.
• Hand Delivery/Courier: Hand
deliver to: NASS Clearance Officer, U.S.
Department of Agriculture, Room
5336A, South Building, 1400
Independence Avenue SW.,
Washington, DC 20250–2024.
FOR FURTHER INFORMATION CONTACT:
Joseph T. Reilly, Associate
Administrator, National Agricultural
Statistics Service, U.S. Department of
Agriculture, (202) 720–4333.
SUPPLEMENTARY INFORMATION:
Title: Generic Clearance to Conduct
Survey Research Studies.
OMB Control Number: 0535—NEW.
Type of Request: Intent to Seek
Approval to Conduct an Information
Collection.
Abstract: The NASS of the United
States Department of Agriculture
(USDA) will request approval from the
Office of Management and Budget
(OMB) for generic clearance that will
allow NASS to rigorously develop, test,
and evaluate its survey instruments and
methodologies. The primary objectives
of the National Agricultural Statistics
Service are to prepare and issue State
and national estimates of crop
production, livestock production,
economic statistics, and environmental
statistics related to agriculture and to
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Agencies
[Federal Register Volume 73, Number 50 (Thursday, March 13, 2008)]
[Notices]
[Pages 13527-13529]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4780]
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DEPARTMENT OF AGRICULTURE
Forest Service
Rosemont Copper Project, Coronado National Forest, Pima County,
Arizona
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an Environmental Impact Statement.
-----------------------------------------------------------------------
SUMMARY: In accordance with the President's Council on Environmental
Quality Regulations Implementing the Procedural Provisions of the
National Environmental Policy Act of 1969, the U.S. Department of
Agriculture, Forest Service, announces its intent to prepare an
environmental impact statement to document and publicly disclose the
environmental effects of proposed construction and operation of an
open-pit mine on National Forest System land and the effects of any
necessary amendments to the Coronado National Forest Land and Resource
Management Plan. The proposed mining project would be located on 995
acres of private land and 3,670 acres of National Forest System land
about 30 miles southeast of Tucson, Arizona, within Townships 18 and
19, Ranges 15 and 16, Gila and Salt River Meridian, Pima County,
Arizona. Land under the jurisdiction of the U.S. Department of the
Interior, Bureau of Land Management, and the State of Arizona may be
affected by certain activities associated with the proposed project.
Production of 234 million pounds of copper, 4.5 million pounds of
molybdenum, and 2.7 million ounces of silver is estimated annually over
a period of approximately 20 years.
DATES: To be given full consideration during this National
Environmental Policy Act (NEPA) review, written and oral comments
concerning the scope of the environmental impact statement (EIS)
analysis must be received by the Coronado National Forest (Forest)
within 30 days following the publication of this notice in the Federal
Register. Written and oral comments may also be submitted during open
houses that will be held by the Forest Service as follows:
1. March 18, 2008, 7 p.m. to 9 p.m., Pima Community College, Desert
Vista Campus, 5901 South Calle Santa Cruz, Tucson, Arizona;
2. March 19, 2008, 6:30 p.m. to 8:30 p.m., Canoa Hills Recreation
Center, 3660 South Camino del Sol, Green Valley, Arizona; and
3. March 20, 2008, 6 p.m. to 8 p.m., Patagonia Union High School,
Highway 82, Patagonia, Arizona.
A Draft EIS (DEIS) for the Rosemont Copper Project (Project) is
expected to be filed with the Environmental Protection Agency (EPA) in
March 2009, at which time EPA will publish a Notice of Availability
(NOA) of the Draft EIS in the Federal Register. The NOA will begin a
period of public review of the DEIS that will extend 45 days from the
date of publication of the NOA in the Federal Register. The Final EIS
(FEIS) and a Record of Decision (ROD) are scheduled to be completed in
November 2009.
ADDRESSES: Written comments on this notice may be mailed or hand-
delivered to ATTN: Ms. Beverley Everson, Geologist, Coronado National
Forest, 300 W. Congress St., Tucson, Arizona 85701. Comments may be
also be submitted by facsimile to (520) 388-8305 and by electronic mail
(e-mail) to comments-southwestern-coronado@fs.fed.us. Postal envelopes
and the subject line of email and facsimiles should include the words
``Rosemont Copper Project EIS.'' Addresses for open house meetings are
given above.
FOR FURTHER INFORMATION CONTACT: For further information on the
Rosemont Copper Project (Project), please contact Ms. Beverley Everson
in writing at the address above or by telephone at (520) 388-8428.
Questions on the Forest Service NEPA process may be directed to Ms.
Andrea Wargo Campbell, Forest NEPA Coordinator, at the same address and
telephone (520) 388-8352.
SUPPLEMENTARY INFORMATION:
Background
The Project area is located on the Nogales Ranger District,
Coronado National Forest, in the northern Santa Rita Mountains in Pima
County, Arizona, where production of copper began in the 1880s and
continued until 1951. Although several exploration projects have been
undertaken since then, there has been no recent production of copper
ore. In the past few years, a significant increase in the value of
copper has made mining of certain claims in the area economically
viable.
The Project is proposed by the Rosemont Copper Company (Company), a
subsidiary of Augusta Resource Corporation, which acquired the Rosemont
Mine property in 2005. In July 2007, the Company submitted a Mine Plan
of Operations (MPO), including a reclamation plan, to the Forest,
requesting approval to construct and operate ore-mining and related
facilities on and adjacent to National Forest System (NFS) land in Pima
County, Arizona.
There are 132 patented lode claims, 850 unpatented lode claims, and
14 parcels of fee land in the Project area. Lode deposits that would be
mined as part of the Project are, for the most part, on Company
(private) property. Most unpatented claims were staked on Federal land
managed by the Forest Service; however, a few of these claims in the
northwest portion of the property are on Federal land managed by the
BLM.
Proposed Action
The EIS will disclose the potential environmental and social
impacts of (1) Approval by the Forest Service of an MPO and reclamation
plan that addresses construction and operation of an open-pit mine and
related facilities on claims held by the Company, and (2) amendment of
the Coronado National Forest Land and Resource Management Plan (Forest
Plan), if necessary, to allow specific mining activities to be
undertaken on NFS land. Connected actions related to the MPO (e.g.,
construction of roads, utilities) will also be evaluated in the EIS,
regardless of whether they are proposed to be undertaken on NFS land.
Impacts of reasonably foreseeable actions in the Project area will be
considered in combination with the impacts of the Project to estimate
the potential cumulative impacts of Project implementation.
The Project would be undertaken on a mosaic of privately owned and
Federally managed land. Extraction of ore from an approximately 2,900-
foot-deep open-pit mine would be conducted primarily on private land.
Processing, waste management, and other support
[[Page 13528]]
facilities are proposed to be located on the Forest, and project
infrastructure, such as utilities, could be located on BLM and state
land. Access to mining claims would originate on State Highway 83 east
of the property. A new access road is proposed.
Project-related activities to be addressed in the EIS include, but
are not be limited to, the following:
[squ] Construction, operation and reclamation of an open-pit
copper, silver and molybdenum mine primarily on private land.
[squ] Construction, operation, and reclamation of an ore-processing
plant, tailings, waste rock and leach facilities on NFS land adjacent
to the mine.
[squ] Construction and operation of infrastructure, such as
utilities and their corridors, on non-NFS land.
[squ] Construction of a new access road, leach field, retention
structures, wells, ore transportation systems, and test reclamation
plots.
[squ] Use of existing roads, new road construction, and maintenance
of both.
[squ] Labor requirements for construction, operation, processing,
and reclamation.
[squ] Implementation of mitigation to avoid or minimize impacts;
[squ] Closure, reclamation and maintenance of the mine and related
facilities.
[squ] Resource monitoring during construction, operation, and
reclamation.
The Forest Service will serve as the lead agency in the preparation
of the EIS, in accordance with the Council on Environmental Quality
Regulations (CEQ) at 40 CFR 1501.6, and will be responsible for
compliance with the NEPA, CEQ regulations, Forest Service NEPA
directives, and various resource-protection laws and regulations. Other
agencies, such as the BLM, State of Arizona, and Pima County, may be
invited to participate in the NEPA review as cooperating agencies,
depending on their jurisdiction and/or expertise, and in accordance
with CEQ NEPA regulations.
Purpose of and Need for Action
The purpose of the proposed Forest Service action is to grant
permission to the Company to use NFS land for certain activities
related to operation of the Rosemont Mine. The agency's need for action
is based on statutes and policy that govern mining on NFS land.
Most NFS land is subject to the location of certain minerals under
the Mining Law of 1872, as amended (30 U.S.C. 21-54, et seq.), and the
directives in Forest Service Manual 2800. Prospecting, locating, and
developing the mineral resources on NFS land are also subject to other
rules and regulations. These include, but are not limited to, the
following:
1. The 1897 Organic Administration Act (30 Stat. 11, as amended; 16
U.S.C. 473-475, 477-482, 551) grants the Secretary of Agriculture the
authority to regulate the occupancy and use of NFS lands. It provides
the public with the continuing right to conduct mining activities under
general mining laws and in compliance with rules and regulations
applicable to NFS lands. It also recognizes the rights of miners and
prospectors to access NFS lands for prospecting, locating and
developing mineral resources.
2. The 1960 Multiple-Use Sustained-Yield Act (74 Stat. 215; 16
U.S.C. 528-531) requires that NFS lands be administered in a manner
that includes consideration of the relative values of various resources
as part of management decisions and specifically provides that nothing
in the Act be construed to affect the use or administration of the
mineral resources on NFS lands.
3. The 1970 Mining and Minerals Policy Act (84 Stat. 1876; 30
U.S.C. 21a) established the Federal Government's policy for mineral
development, ``* * * to foster and encourage private enterprise in the
development of economically sound and stable industries and in the
orderly development of domestic resources to help assure satisfaction
of industrial, security, and environmental needs''.
4. Regulations at Title.36, Code of Federal Regulations, part 228A,
set forth rules and procedures governing the use of NFS lands in
conjunction with operations authorized by general mining laws. Part
228.3(a) specifically addresses the development of mineral resources.
Preliminary Identification of Issues
Based on a preliminary review of the proposed action by Forest
resource specialists, the following potential issues were identified:
[squ] Effects on the economy, public services, quality of life and
other community resources in Pima County, Tucson, and nearby
communities;
[squ] Effects on the quality and availability of surface water
groundwater resources;
[squ] Effects on vegetation and wildlife, including those having
special-status designations by the U.S. Fish and Wildlife Service,
Arizona Game and Fish Department, Forest Service, Region 3 Regional
Forester; and Forest Plan;
[squ] Effects on soils and geology;
[squ] Effects on aesthetic resources, including Forest visual
quality objectives and State Highway 83, a state-designated scenic
highway;
[squ] Effects on archaeological, historic, and cultural resources,
including Native American interests and values;
[squ] Effects on Forest recreational use and compatibility with
other land uses;
[squ] Effects of increased traffic on local roads and
transportation systems;
[squ] Effects of mining and processing and vehicle traffic on;
[squ] Effects of noise on nearby residents, Forest users, and
sensitive wildlife.
The preceding list is subject to change, based on future comments
received from the public and resource agencies.
Responsible Official
Ms. Jeanine Derby, Forest Supervisor, Coronado National Forest,
will be the Responsible Official who prepares the Record of Decision
(ROD) at the conclusion of this NEPA review. The Forest address is
provided above.
Nature of NEPA Decision To Be Made
Based on the results of the NEPA analysis, the Forest Supervisor's
ROD regarding the MPO and reclamation plan will recommend
implementation of one of the following: (1) The proposed action and
mitigation necessary to minimize or avoid adverse impacts; (2) an
alternative to the proposed action and mitigation necessary to minimize
or avoid adverse impacts, or (3) the no-action alternative. The ROD
will also document the consistency of the proposed action with the
Coronado National Forest Land and Resource Management Plan (Forest
Plan) (1986, as amended) and approval of Proposed amendments to it.
National Forest Management Act Consistency
The Forest must ensure that the Project is consistent with the
Forest Plan, which was prepared in accordance with direction in the
National Forest Management Act (16 U.S.C. 1600). The Forest Plan
provides land management guidance and direction to Forest managers in
terms of Forest-wide and management-area-specific goals, objectives,
standards, and guidelines, based on desired future conditions on the
Forest. If implementation of the Project will require amendments to the
Forest Plan, all proposed amendments will be evaluated for
environmental effects in conjunction with the NEPA review of the
Project.
[[Page 13529]]
Request for Comments on the NEPA Review
The Forest Service encourages citizens to express issues, concerns,
and suggestions they may have about this proposed action. Comments
should be directly related to issues associated with the proposed
action, rather than general advocacy of or opposition to the project,
to best assist us in the NEPA analysis. Although comments are welcome
at any time during the NEPA review, they will be most useful to us if
they are received within 30 days following the publication of this
notice. If you have questions about this notice or the scoping process,
please contact Ms. Beverley Everson, Geologist, Coronado National
Forest, at telephone (520) 388-8352 prior to submitting your comments.
Written comments may be mailed or hand-delivered to Ms. Everson at
Coronado National Forest, 300 W. Congress St., Tucson, Arizona 85701;
sent by facsimile to (520) 388-8305; or submitted by email to comments-
southwestern-coronado@fs.fed.us. Envelopes and the subject line of
email and facsimiles should include the words ``Rosemont Copper Project
EIS.'' Oral and written comments may also be submitted at the open
houses listed above or in person at the Forest address above.
Please be advised that comments and personal information associated
with them, such as names and addresses, will become part of the
administrative record for this NEPA review. As such, they may be made
available to a third-party in response to a Freedom of Information Act
(FOIA) request. You may prefer to submit comments without including
personal information. Or, you may request of the Forest Service that
your personal information be exempted from release under the FOIA. You
will subsequently be informed by the Forest Service whether or not your
request qualifies for an exemption. If it does not, you will be
afforded the opportunity to resubmit your comments without personal
information or to withhold them altogether.
Early Notice of the Importance of Public Participation in the NEPA
Process
Following the 30-day scoping period announced in this notice, the
Forest Service will prepare a draft environmental impact statement
(DEIS). Upon completion, the DEIS will be made available for a 45-day
public review and comment period that will begin on the date that the
EPA publishes an NOA of the DEIS in the Federal Register. The Forest
Service believes that, at this early stage, it is important to provide
the public with notice about several court rulings related to public
participation in the NEPA environmental review process.
First, reviewers of a DEIS must structure their participation in
the NEPA review so that it is meaningful and alerts the agency to the
reviewer's position and contentions [Vermont Yankee Nuclear Power Com.
v. NRDC, 435 U.S. 519, 553 (1978)]. Also, environmental objections that
could be raised at the DEIS stage but that are not raised until after
completion of the final environmental impact statement (FEIS) 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. Wise. 1980)]. Because of these court rulings,
it is very important that those parties who are interested in this
proposed action participate before the close of a public comment period
so that substantive comments and objections are available to the Forest
Service in a timely manner that will allow them to be meaningfully
considered and subsequently addressed in the FEIS.
To assist the Forest Service in identifying and considering issues
and concerns about the proposed action, comments on a DEIS should be as
specific as possible. It is also helpful if comments refer to specific
line numbers, pages, and/or chapters of the DEIS. Comments may address
the adequacy of the DEIS or the merits of the alternatives formulated
an discussed in it. For comments of this nature, reviewers may choose
to refer to CEQ regulations at 40 CFR 1503.3.
Comments received, including the names and addresses of those who
comment, will be considered part of the public record of this NEPA
review and will be available for public inspection unless exempted from
such.
(Authority: 40 CFR parts 1501.7 and 1508.22; Forest Service
Handbook 1909.15, section 21).
Authorization: National Environmental Policy Act of 1969 as amended
(42 U.S.C. 4321-4346); Council on Environmental Quality Regulations (40
CFR parts 1500-1508); U.S. Department of Agriculture NEPA Policies and
Procedures (7 CFR part 1 b).
February 28, 2008.
Jeanine A. Derby,
Forest Supervisor.
[FR Doc. E8-4780 Filed 3-12-08; 8:45 am]
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