Buckhorn Exploration Project 2010, Okanogan-Wenatchee National Forest, Okanogan County, WA, 72781-72784 [2010-29776]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service

[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Pages 72781-72784]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29776]


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DEPARTMENT OF AGRICULTURE

Forest Service


Buckhorn Exploration Project 2010, Okanogan-Wenatchee National 
Forest, Okanogan County, WA

    Joint Lead Agencies: Forest Service, Department of Agriculture; and 
Department of Natural Resources, Washington State.
    Cooperating Agencies: Bureau of Land Management, Department of the 
Interior; and Department of Ecology, Washington State.

ACTION: Notice of Intent to prepare an Environmental Impact Statement.

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SUMMARY: The Department of Agriculture, Forest Service, in cooperation 
with the Department of the Interior, Bureau of Land Management (BLM), 
Washington State Department of Natural Resources (DNR), and Washington 
Department of Ecology (WADOE), will prepare an Environmental Impact 
Statement (EIS) for a proposal by Echo Bay Exploration, Inc. (Echo Bay) 
to explore their mineral holdings in Township 40 North, Range 30 East, 
Sections 1, 12 to 15, 22 to 27, and 34 to 36; and in Township 40 North, 
Range 31 East, Sections 5 to 9 and 16 to 20, W.M.
    Proposed exploration operations will be located in Okanogan County, 
Washington on unpatented mining claims on public lands administered by 
the Tonasket Ranger District of the Forest Service and the Wenatchee 
Field Office of the BLM. Exploration operations will also be located on 
state mineral lease lands, private lands, and patented mining claims 
administered by the Washington State Department of Natural Resources.
    The EIS will evaluate a range of reasonable alternatives to the 
proposed action and will assess the potential impacts of each 
alternative. The public will have an opportunity to comment on the EIS, 
including the range of alternatives and the impacts analysis.
    The agencies are giving notice of this analysis so that interested 
and affected individuals are aware of how they may participate and 
contribute to the final decision.

DATES: Comments concerning the scope of this analysis must be received 
by January 3, 2011. A public information meeting is planned to be held 
in Oroville, Washington on December 14, 2010 at the Oroville High 
School Commons from 5 to 7:30 p.m. Details concerning any additional 
public meetings, none presently scheduled, will be announced via local 
news media outlets. The Draft EIS is expected to be filed with the 
Environmental Protection Agency (EPA) in September 2011. The Final EIS 
is expected to be filed with the EPA in April 2012.

ADDRESSES: Submit written comments and suggestions concerning the scope 
of the analysis to Phillip Christy, District Environmental Coordinator, 
1 West Winesap, Tonasket, WA 98855, phone (509) 486-5137. Comments may 
also be sent via e-mail to comments-pacificnorthwest-okanogan-tonasket@fs.fed.us, or via facsimile to 509-486-1922. Electronic 
comments must be part of an e-mail message, or as an attachment in 
either Microsoft Word (doc or docx), Rich Text Format (rtf), or 
Portable Document Format (pdf). Electronic comments containing viruses 
will be rejected.

FOR FURTHER INFORMATION CONTACT: Direct questions about the proposed 
action and EIS to Phillip Christy, District Environmental Coordinator, 
1 West Winesap, Tonasket, Washington 98855, phone (509) 486-5137, Kelly 
Courtright, BLM Mining Engineer, 1103 N. Fancher Road, Spokane, WA 
99212, phone (509) 536-1218, or Fred Greef, SEPA Coordinator, 
Washington State Department of Natural Resources, P.O. Box 7015, 
Olympia, WA 98504-7015, phone (360) 902-1628. Individuals who use 
telecommunication devices for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 
p.m., Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: The General Mining Law of 1872, as amended, 
provides Echo Bay the statutory right to explore for and develop 
mineral resources on federally administered lands. Federal policy 
encourages the development of federal mineral resources and requires 
reclamation of disturbed federal lands. This right carries with it the 
responsibility to assure that operations include adequate and 
responsible measures to prevent unnecessary or undue degradation of 
federal lands and to provide for reasonable reclamation.
    The BLM administers the surface acres of public land for which the 
BLM is responsible and the federal subsurface mineral estate under the 
Mining Law and the Federal Land Policy and Management Act of 1976 
(FLPMA). FLPMA also governs the BLM's administration of public lands 
not open to location under the Mining Law. The Mining Law allows the 
location and use of mining claims ``under such regulations prescribed 
by law'' and Section 302(b) of FLPMA and

[[Page 72782]]

recognizes the entry and rights of mining claimants while directing 
that the BLM take any action necessary to prevent unnecessary or undue 
degradation of the lands. These two laws form the primary statutory 
basis for Surface Management Regulation codified at 43 CFR 3809 and 
BLM's purpose and need in reviewing and approving the Plan.
    Under Washington State mining laws, metal mining/milling as an 
industry is allowable if it can be accomplished in an environmentally 
sensitive manner (RCW 78.56). It is the intent of Washington State laws 
to ensure a high degree of environmental protection while allowing the 
proper development and use of the state's natural resources, including 
its mineral resources. The Washington State Surface Mining Reclamation 
Act (RCW 78.44) addresses exploratory drilling and reclamation 
activities in the State of Washington.
    Echo Bay has requested authorization to start this program of 
exploration drilling in the fall of 2011 or winter of 2012. The 
prospecting and exploration drilling operations would continue for 
approximately 5 years. Concurrent reclamation would be conducted where 
safe and practical to do so. Reclamation monitoring would continue for 
approximately three years following the completion of reclamation 
operations.
    Echo Bay's Plan of Operations may be viewed on-line at https://www.fs.fed.us/r6/wenatchee/projects/projects.shtml?project=32875.

Purpose and Need for Action

    The purpose and need for the project is to respond to Echo Bay's 
request to collect further information regarding economic gold 
resources present within the proposed exploration boundaries 
surrounding Buckhorn Mountain using geophysical and geochemical studies 
and exploration drilling and to develop reasonable mitigation to 
protect surface resources.
    Under 36 CFR 228.8 all operations shall be conducted so as, where 
feasible, to minimize adverse environmental impacts on National Forest 
surface resources including air quality, water quality, solid wastes, 
scenic values, fisheries and wildlife habitat, roads, and at the 
earliest possible time reclamation should take place.
    The BLM under 43 CFR 3809.1(a) must prevent unnecessary and undue 
degradation of public lands by the operations authorized by the mining 
laws, and (b) provide the maximum possible coordination with 
appropriate State agencies. Also, in compliance with 43 CFR 3809.203(b) 
the ``BLM will continue to be responsible for all land-use planning on 
public lands and for implementing other Federal laws relating to the 
public lands for which the BLM is responsible.'' Additionally, an 
Environmental Impact Statement is required to be prepared in accordance 
with BLM Handbook 1790.1, 7.2(7), prior to the approval of any mining 
operation where the area to be mined, including any area of 
disturbance, over the life of the mining plan is 640 acres or larger in 
size.
    Since the Okanogan National Forest Land and Resource Management 
Plan could not predict specifics as to where, when, and what kind of 
mineral exploration or development might be proposed, nor specific 
needs of that exploration or development in terms of surface resources, 
the Plan anticipated that the intensive surface use required for 
mineral exploration and development projects might require Forest Plan 
amendments (LRMP, page IV-21). To allow Echo Bay reasonable access to 
their mining claims, it may be necessary to amend the Okanogan National 
Forest Land and Resource Management Plan (LRMP) relating to road 
densities, deer cover, operating period, impacts to old growth, 
disturbance, and impacts to Management Requirement cells.

Proposed Action

    The Forest Supervisor for the Okanogan-Wenatchee National Forest 
and the Field Manager for the BLM's Wenatchee Field Office propose to 
authorize Echo Bay to explore their mining claims in a logical sequence 
of prospecting and exploration activities beginning in 2011 or 2012. 
Exploration would use a phased approach to minimize adverse 
environmental impacts and to prevent unnecessary and undue degradation 
of public lands and surface resources by initially using remote sensing 
and other non-surface disturbing prospecting techniques to identify 
target areas.
    Exploration drilling within the identified target areas would leave 
other areas of low mineral potential undisturbed. Since a phased 
exploration approach is proposed, annual road usage and locations of 
construction activities would be dependent upon the results of each 
phase. The initial drill hole spacing would range from 400 to 500 feet 
between drill holes. If initial drill results are favorable, the drill 
program would be modified for a drill spacing of 200 to 250 feet. 
Continued favorable drill results would require drill hole spacing from 
50 to 100 feet apart. The drill holes would average 1200 feet deep (600 
to 1600').
    A work plan describing the activities for the upcoming season (or 
as often as changes are made to the authorized work plan), including 
maps showing specific locations of drill sites, road alignments, water 
conveyance and storage locations, monitoring locations, or ancillary 
facilities, would be submitted for review and approval to the 
administering agency prior to starting construction of drill pad sites, 
drill access roads, and ancillary facilities or initiation of a 
geophysical or geochemical survey.
    The Forest Service, BLM, WADOE, and DNR propose to authorize the 
following total disturbances within a 10,041 acre area over five years 
(all land ownerships):
    1. Construct up to 72.3 miles (380,810 linear feet) of new drill 
roads;
    2. Construct up to 675 new drill pad sites;
    3. Drill up to 965 exploration drill holes;
    4. Construct up to 33 acres of water conveyance and storage 
facilities, including a new water well on National Forest System (NFS) 
lands;
    5. Develop up to 8 acres of ancillary disturbance for staging of 
equipment and materials;
    6. Convert up to 4 drill holes on NFS lands to monitoring wells; 
and
    7. Allow access 24 hours/day, 365 days/year, utilizing up to 20 
drill rigs at any given time, weather permitting.
    Under the proposed Block Permitting approach, the amount of road 
and pad disturbance would be dependent on the results from phased 
exploration activities and may vary from that described above. However, 
the total amount would not exceed 507 acres of new disturbance. Since 
this is an exploration project, Echo Bay is unable to predict the exact 
locations of all exploration roads and drill sites at this time. As 
exploration proceeds through the phases, and as resource information 
becomes available from the EIS Baseline Study Programs, Echo Bay would 
provide the agencies with specific proposed locations of disturbance in 
Work Plans for agency review and approval. The Work Plans would be 
designed to avoid (if possible) impacts to important resources (i.e. 
cultural, wildlife, riparian) and areas of concern identified through 
Baseline Study Programs. Appropriate bonding would be in place prior to 
all phases of proposed surface disturbance work described in the Work 
Plans.
    The proposed number of drill holes by surface jurisdiction: Private 
lands--80, BLM managed lands--235, State of Washington Mineral Leases--
170, and

[[Page 72783]]

Forest Service managed lands--480 (total 965).
    The proposed acres of surface disturbance by jurisdiction are: 
Private lands--30 acres, BLM administered public lands--117 acres, 
State of Washington Mineral Leases--60 acres, and Forest Service 
administered public lands--300 acres (total 507 acres).
    If an action alternative is selected, the Forest Supervisor for the 
Okanogan-Wenatchee National Forest proposes to amend the Okanogan 
National Forest Land and Resource Management Plan (LRMP) relating to 
road closures and densities in the Myers Creek, Cedar Creek, and 
Nicholson Creek drainages. To offset the opening of roads in these 
drainages, roads closures may be required as mitigation, including 
temporary closing of Forest Road 3575-100 from near the junction with 
Forest Road 3575-120 to near the junction with Forest Road 3575-101 and 
temporary closing of Forest Road 3575-290. On NFS land, a new temporary 
management prescription for exploration operations with associated 
standards and guidelines may be developed and would be an integral part 
of each of the action alternatives.
    1. Riparian standards and guidelines may be amended to allow the 
construction of drill roads through riparian areas and the construction 
of drill pads and the drilling of exploration holes in riparian areas;
    2. Deer winter and summer cover standards for hiding, thermal, and 
snow intercept thermal cover may be amended to allow construction of 
new drill roads and pads where needed for exploration;
    3. Road density standards in Management Areas (MA) 14, 25, and 26 
may be amended to allow the construction of necessary drill roads;
    4. Visual quality objective standards may be amended to allow the 
construction of drill roads and pads and drilling related activities, 
as needed;
    5. Raptor nests may not be protected and timing restrictions may 
not be followed to allow for year-round exploration activities;
    6. Deer winter range timing restrictions in MA 14 and 26 may not be 
followed to allow orderly exploration activities. Motorized vehicle 
access may be allowed year-round;
    7. Timber removal and motorized vehicle use in old growth stands, 
if any exist, may be required for exploration activities. No old growth 
stands have been presently identified; and
    8. Wildlife Management Requirement cells may need to be moved, 
modified, or eliminated.
    Once exploration and reclamation activities have ceased, the Forest 
Service would return the reclaimed areas to management under the goals 
and objectives of the underlying management areas or replacement 
management areas in any future LRMP.

Possible Alternatives

    Depending upon significant issues raised related to the proposed 
action, alternatives to the proposed action may be formulated. Possible 
alternatives may include seasonal or timing restrictions, limiting the 
number of drill rigs operating at any one time, or yearly caps on the 
amount of drilling per year.
    Possible alternatives may be formed based on the source and 
delivery of water needed for drilling including the possibility of 
eliminating the well on NFS lands and hauling all water used for the 
project from private and municipal wells off agency lands.
    Possible alternatives may be formed based on the use of more 
helicopter-based drilling in the early stages of exploration, 
minimizing the construction of new drill access roads to areas of 
proposed intensive drilling or minimizing the need to build roads on 
steeper side slopes and in riparian areas.

Lead and Cooperating Agencies

    The USDA Forest Service will be the lead agency (under the National 
Environmental Policy Act [NEPA]) in accordance with 40 CFR 1501.5(b), 
and is responsible for preparation of the EIS. The DNR will be the lead 
state agency (under the State Environmental Policy Act [SEPA]). The BLM 
will be a cooperating federal agency (under NEPA). The WADOE will be a 
cooperating state agency (under SEPA).

Responsible Officials

    The Forest Supervisor for the Okanogan-Wenatchee National Forest 
will be the responsible official for this EIS and its Record of 
Decision (ROD) for NFS land. The Field Manager for the BLM's Wenatchee 
Field Office will be the responsible official for this EIS and its ROD 
on BLM administered lands. As the responsible officials, they will 
document the decision and reasons for their decision in the two RODs 
being prepared for federal lands.
    The Washington DNR, Geology & Earth Resources Division Manager is 
the SEPA responsible official for EIS development, representing State 
and local agencies. The State does not prepare a formal decision for 
the EIS, but instead makes decisions based on this document in 
individual State permit decisions. The Forest Service decision will be 
subject to Forest Service Appeal Regulations in accordance with 36 CFR 
Part 215. The BLM decision will be subject to BLM Administrative Appeal 
Regulations in accordance with the regulations contained in 43 CFR, 
Part 4, and Form 1842-1.

Nature of the Decision To Be Made

    The Forest Supervisor for the Okanogan--Wenatchee National Forest 
must decide whether or not to approve the Proponent's Plan of 
Operations as submitted, or approve a modified Plan of Operations with 
additional mitigation measures and monitoring items. The Forest 
Supervisor will consider both the impacts as a result of project 
activities on Forest Service administered public lands and rights-of-
way, as well as cumulative impacts off of Forest Service administered 
public lands. Additionally, the Forest Supervisor must decide whether 
or not to grant a special use permit to Echo Bay to drill a well on NFS 
land and allow withdrawal of up to 120,000 gallons of water per day. 
The Forest Supervisor must decide whether or not the existing road use 
permit for the ore haul route should be amended to allow for additional 
commercial traffic on Forest roads. The Forest Supervisor must also 
decide whether or not to amend the Okanogan National Forest Land and 
Resource Management Plan to implement the project. The Forest 
Supervisor will consider both the impacts as a result of project 
activities on NFS administered public lands and rights-of-way, as well 
as cumulative impacts off of NFS administered public lands.
    The Field Manager for the Wenatchee Field Office must decide 
whether or not to approve the Proponent's Plan of Operations as 
submitted, or approve a modified Plan of Operations with additional 
mitigation measures and monitoring items. The Field Manager will 
consider both the impacts as a result of project activities on BLM 
administered public lands and rights-of-way, as well as cumulative 
impacts off of BLM administered public lands.

Preliminary Issues

    A number of preliminary issues were identified by the lead and 
cooperating agencies including:
    (1) Exploration operations could adversely affect land used by 
wildlife, recreationists, Tribal members, and the grazing permittees;
    (2) Exploration activities and additional project road use could 
result in cattle injury or death;
    (3) Exploration activities, including additional road use, could 
cause

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sedimentation and toxic substances to enter and degrade riparian areas 
and wetlands, decreasing water quality and adversely impacting fish, 
amphibians, and plants that use these areas;
    (4) Exploration activities, including additional road use, may 
cause air quality degradation from dust, diesel exhaust, and toxic 
substances that could affect vegetation, tourism, recreation 
activities, viewpoints, aesthetic enjoyment of the area, and the 
quality of life, health, and safety for residents;
    (5) Exploration activities, including drill vehicles and heavy 
trucks, could increase noise, which could impact tourism, recreation 
activities, aesthetic enjoyment of the area, and the quality of life 
and solitude for residents. Noise could carry for long distances and 
potentially impact adjacent property owners.
    (6) Project activities could disturb wildlife, including 
threatened, endangered, and sensitive species, through human presence, 
noise, and increased road density, and could increase impacts from the 
semi-impermeable barrier to movement along the ore haul route as a 
result of additional traffic and affect the north-south wildlife 
corridor;
    (7) Exploration activities may spread noxious weeds. The use of 
herbicides to treat noxious weeds found during monitoring has the 
potential to affect non-target species;
    (8) The proposed action may contribute to cumulative impacts, which 
may have significant effects on the environment, and may contribute to 
cumulative effects of past, present, and reasonably foreseeable future 
actions;
    (9) Exploration activities may adversely affect members of the 
Confederated Tribes of the Colville Reservation and may impact cultural 
resources of concern to Tribal members, and their rights reserved by 
Executive Order, to hunt, fish, and gather on the former north half of 
the Colville Reservation; and
    (10) Exploration activities may cause light pollution potentially 
affecting tourism, recreational activities, viewpoints, and aesthetic 
enjoyment of the area, particularly for residents of the Myers Creek 
valley.

Permits, Authorizations, Approvals, or Licenses Required

    The following permits, authorizations, approvals, or licenses would 
be required for the project:
    Forest Service: a final Plan of Operations, a Road Use Permit 
modification and a Special Use Permit for a water well.
    Bureau of Land Management: A final Mining and Reclamation Plan.
    Environmental Protection Agency: A Stormwater Permit, a Spill 
Prevention and Countermeasure Plan (SPCC), a review of Section 404 
permit, and Notification of Hazardous Waste Activity (no formal permit 
necessary).
    U.S. Fish and Wildlife Service: Threatened and Endangered Species 
Consultation.
    Department of Alcohol, Tobacco, and Firearms: Explosive User 
Permit.
    U.S. Army Corps of Engineers/State of Washington Department of 
Ecology: A Joint Aquatic Resources Permit Application, including a 
Section 10 permit, a Section 404 Permit, and a 401 Water Quality 
Certification.
    State of Washington Department of Ecology: New or transferred Water 
Rights, a National Pollutant Discharge Elimination System (NPDES) 
Construction Stormwater General Permit, a Notice of Intent to Construct 
or Decommission a Well, and an Air Operating Permit, Notice to 
Construct.
    State of Washington Department of Natural Resources: A Forest 
Practices Permit, and a Surface Mine Exploration and Reclamation Permit 
for state and private lands.
    Washington State Department of Fish & Wildlife: Hydraulic Project 
Approvals on State and private lands.
    Washington Department of Archaeology and Historic Preservation: 
Historical and Archaeological Review and concurrence (Section 106).
    Okanogan County: A Floodplain Development Permit, Conditional Use 
and Noise Control Permits, Solid Waste Handling, and Road Construction 
and/or Realignment Permit.

Scoping Process

    This notice of intent initiates the scoping process, which guides 
development of the Environmental Impact Statement (EIS). A public 
information meeting is planned to be held in Oroville, Washington on 
December 14, 2010 at the Oroville High School Commons from 5 to 7:30 
p.m. Details concerning any additional public meetings, none presently 
scheduled, would be announced via local news media outlets. The lead 
and cooperating agencies are seeking information, comments, and 
assistance from federal, state, and local agencies, Native American 
Tribes and other individuals and organizations that may be interested 
in or affected by the proposed project. Input submitted during this 
initial scoping period will be used in preparation of the Draft EIS. 
The agencies are seeking public and agency comment on the proposed 
action to determine if any additional issues arise. Additional issues 
may lead either to other alternatives, or additional mitigation 
measures and monitoring requirements.
    The scoping process includes identifying potential issues; 
identifying major issues to be analyzed in depth and identifying those 
that are not significant and can be eliminated from detailed study; 
exploring alternatives to the proposed action; identifying potential 
environmental effects of this project; and notifying interested members 
of the public of opportunities to participate through personal contacts 
or written comment.
    It is important that reviewers provide their comments at such times 
and in such manner that they are useful to the agencies' preparation of 
the environmental impact statement. Therefore, comments should be 
provided prior to the close of the comment period and should clearly 
articulate the reviewer's concerns and contentions.
    Comments received in response to this solicitation, including the 
names and addresses of those who comment, will be considered part of 
the public record for this proposed action. Comments submitted 
anonymously will be accepted and considered, however.

    Dated: November 19, 2010.
Bobbie R. Scopa,
Acting Forest Supervisor.
[FR Doc. 2010-29776 Filed 11-24-10; 8:45 am]
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