San Bernardino National Forest, Mountaintop Ranger District, California, Mitsubishi South Quarry Expansion Project, 10472-10475 [2012-3938]
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10472
Notices
Federal Register
Vol. 77, No. 35
Wednesday, February 22, 2012
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2010–0103]
Dow AgroScience LLC; Availability of
Petition, Plant Pest Risk Assessment,
and Environmental Assessment for
Determination of Nonregulated Status
of Corn Genetically Engineered for
Herbicide Tolerance
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice; extension of comment
period.
AGENCY:
You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!documentDetail;D=APHIS-2010-01030001.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2010–0103, Regulatory Analysis
and Development, PPD, APHIS, Station
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Mr.
Evan Chestnut, Policy Analyst,
Biotechnology Regulatory Services,
APHIS, 4700 River Road Unit 147,
Riverdale, MD 20737–1236; (301) 851–
3910, email:
evan.a.chestnut@aphis.usda.gov. To
obtain copies of the petition, draft
environmental assessment, or plant pest
risk assessment, contact Ms. Cindy Eck
at (301) 851–3892, email:
cynthia.a.eck@aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT:
We are extending the
comment period for a petition received
from Dow AgroScience LLC seeking a
determination of nonregulated status of
corn designated as DAS–40278–9,
which has been genetically engineered
for increased resistance to broadleaf
herbicides in the phenoxy auxin group
(such as the herbicide 2,4-D) and
resistance to grass herbicides in the
aryloxyphenoxypropionate acetyl
coenzyme A carboxylase inhibitor group
(such as quizalofop herbicides). This
action will allow interested persons
additional time to prepare and submit
comments on the petition, our plant
pest risk assessment, and our draft
environmental assessment for the
proposed determination of nonregulated
status.
DATES: We will consider all comments
that we receive on or before April 27,
2012.
SUMMARY:
ADDRESSES:
3A–03.8, 4700 River Road Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2010-0103 or
in our reading room, which 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.
The petition, draft environmental
assessment, and plant pest risk
assessment are also available on the
APHIS Web site at https://
www.aphis.usda.gov/brs/aphisdocs/
09_23301p.pdf, https://
www.aphis.usda.gov/brs/aphisdocs/
09_23301p_dea.pdf, and https://
www.aphis.usda.gov/brs/aphisdocs/
09_23301p_dpra.pdf.
On
December 27, 2011, we published in the
Federal Register (76 FR 80872–80873,
Docket No. APHIS–2010–0103) a
notice 1 advising the public that the
Animal and Plant Health Inspection
Service (APHIS) has received a petition
from Dow AgroScience LLC seeking a
determination of nonregulated status of
corn (Zea mays) designated as event
DAS–40278–9, which has been
genetically engineered for increased
resistance to broadleaf herbicides in the
phenoxy auxin group (such as the
herbicide 2,4-D) and resistance to grass
herbicides in the
aryloxyphenoxypropionate acetyl
SUPPLEMENTARY INFORMATION:
1 To view the notice, supporting documents, and
any comments we have received, go to https://
www.regulations.gov/#!docketDetail;D=APHIS2010-0103.
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coenzyme A carboxylase inhibitor group
(such as quizalofop herbicides).
Comments on the Dow petition, our
plant pest risk assessment, and our draft
environmental assessment for the
proposed determination of nonregulated
status were required to be received on
or before February 27, 2012. We are
extending the comment period on
Docket No. APHIS–2010–0103 for an
additional 60 days, ending April 27,
2012. This action will allow interested
persons additional time to prepare and
submit comments on the Dow petition,
our plant pest risk assessment, and our
draft environmental assessment for the
proposed determination of nonregulated
status.
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
371.3.
Done in Washington, DC, this 15th day of
February 2012.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2012–4081 Filed 2–21–12; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Forest Service
San Bernardino National Forest,
Mountaintop Ranger District,
California, Mitsubishi South Quarry
Expansion Project
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
ACTION:
Mitsubishi Cement
Corporation is submitting to the San
Bernardino National Forest and San
Bernardino County, for permitting, a
Plan of Operations and Reclamation
Plan for the South Quarry. The South
Quarry will total approximately 153.6
acres consisting of a 128-acre quarry, a
2.7 acre landscape berm, a 22.2-acre
haul road 1.8 miles in length, and a
temporary construction road of 0.7
acres. The South Quarry and haul road
will be located almost entirely (147.0
acres) on 440 acres of unpatented claims
owned by Mitsubishi Cement
Corporation on the San Bernardino
National Forest with approximately 6.6
acres of the haul road located on
Mitsubishi Cement Corporation fee land
where it enters the existing East Pit.
SUMMARY:
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Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices
Current estimates project the South
Quarry could feed the cement plant for
approximately 120 years. No change to
the throughput or operation of the
Cushenbury Cement Plant is proposed
as part of this project. Based on drilling
conducted during the winter of 2009
and 2010, the South Quarry site has
estimated proven and inferred reserves
of over 200 million tons of mostly high
to medium grade limestone. This higher
grade limestone would be blended with
lower grade limestone excavated from
the West and East Pits at a ratio of
approximately 50/50 in order to meet
the limestone specifications to feed the
adjacent Mitsubishi Cement Corporation
Cushenbury Cement Plant. Concurrent
reclamation would be conducted
throughout the life of the quarry and, at
the conclusion of excavations, 5 years of
active reclamation and revegetation
would be implemented followed by
revegetation monitoring and
remediation until revegetation goals are
achieved.
Comments are being requested to help
identify significant issues or concerns
related to the proposed action, to
determine the scope of the issues
(including alternatives) that need to be
analyzed and to eliminate from detailed
study those issues that are not
significant. Supporting documentation
should be included with comments
recommending that the joint
Environmental Impact Statement (EIS)
and Environmental Impact Report (EIR)
(EIS/EIR), to be prepared by the San
Bernardino National Forest and County
of San Bernardino, as the lead state
agency under the California
Environmental Quality Act (CEQA),
address specific environmental issues.
Comments concerning the scope
of the analysis must be received by
March 23, 2012. The draft EIS/EIR is
expected fall 2012 and the final EIS/EIR
is expected spring 2013.
DATES:
Send written comments to
San Bernardino National Forest,
Mitsubishi South Quarry Expansion
Project, do Anne Surdzial, ECORP
Consulting, Inc. 215 N. 5th Street,
Redlands, CA 92374. Comments may
also be sent via email to
asurdzial@ecorpconsulting.com (please
put ‘‘Mitsubishi Cement Company
South Quarry Expansion’’ in the subject
line), or via facsimile to (909) 307–0056.
It is important that reviewers provide
their comments at such times and in
such a way that they are useful to the
Agency’s preparation of the EIS/EIR.
Therefore, comments should be
provided prior to the close of the
comment period and should clearly
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articulate the reviewer’s concerns and
contentions with the proposed action.
Comments received in response to
this solicitation, including names and
addresses of those who comment, will
be part of the public record for this
proposed action. However, comments
submitted anonymously will be
accepted and considered.
FOR FURTHER INFORMATION CONTACT:
Thomas Hall, Environmental
Coordinator, San Bernardino National
Forest at (909) 382–2905 or
thall@fs.fed.us. 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: Mitsubishi
Cement Corporation submitted the Plan
of Operations and Reclamation Plan for
the proposed South Quarry to the
Mountaintop District Ranger, San
Bernardino National Forest, on October
22, 2010. The South Quarry is within
portions of Sections 14, 15, 22, and 23
Township 3 North, Range 1 East.
Elevations at the South Quarry site
currently range from 5,555 to 6,675 feet.
The South Quarry would be mined at
an average production rate of 1.3
million tons per year of ore and 150,000
tons per year of waste rock for up to 120
years. At this time, Mitsubishi Cement
Corporation is requesting a 120-year
operations plan excavating
approximately 156 million tons of ore.
Mitsubishi Cement Corporation’s
Cushenbury Cement Plant requires a
limestone feed of up approximately 2.6
million tons per year, and this would
not change as a result of the South
Quarry Project. East and West Pits
would be reduced to an average of 1.3
million tons per year of ore and 150,000
tons per year of waste rock. Therefore
the overall limestone production of 2.6
million tons per year and 300,000 tons
per year of waste rock at the mining
complex would not change.
Purpose and Need for Action
Mitsubishi Cement Corporation
submitted to San Bernardino National
Forest and San Bernardino County a
Plan of Operations and Reclamation
Plan for the proposed South Quarry.
The Forest Service is analyzing the
surface use of National Forest System
lands in connection with operations
authorized by the United States mining
laws (30 U.S.C. 21–54), which confer a
statutory right to enter upon the public
lands to search for minerals, shall be
conducted so as to minimize adverse
environmental impacts on National
Forest System surface resources. The
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responsibility for managing mineral
resources is in the Secretary of the
Interior.
Mitsubishi Cement Corporation’s
Cushenbury Cement Plant requires a
limestone feed of approximately 2.6
million tons per year of a specific blend
of limestone in order to manufacture
cement. In 2004, as the existing East Pit
neared its exhaustion of cement grade
limestone, the West Pit expansion was
approved by the County of San
Bernardino on 191 acres to the west of
the existing East Pit with approximately
217 million tons of limestone reserves.
The amount of high grade limestone to
blend with the lower grades of
limestone to meet the feed requirement
for the cement plant would not be
adequate for the life of the mine. The
proposed South Quarry site would be
able to meet the requirements for
blending with its estimated, proven and
inferred reserves of over 200 million
tons of high to medium grade limestone
rock.
Proposed Action
The development of the South Quarry
would consist of construction of the 1.8
mile long haul road, four phases of
excavations, concurrent reclamation,
and then final reclamation followed by
revegetation monitoring. During the first
two years, the 1.8-mile long haul road
would be constructed. The planned haul
road would access the South Quarry at
5,950 feet amsl and traverse down the
north slope to an elevation of 5,050 feet
amsl at the southwest corner of the
existing East Pit. The road’s surface
width would be 50 to 60 feet with a
grade not to exceed 10% and it would
have a surface of crushed limestone.
The excavation plan for the South
Quarry is divided into four phases based
on operational, engineering, and
environmental concerns with the
development of the main quarry to a
maximum depth of 5,365 feet above
mean sea level or 1,215 feet below the
quarry rim on the south. Phase 1A
would be initiated after construction of
the haul road and compliance with
preconstruction conditions and has ore
reserves of approximately 3.5 years.
Phase 1B would excavate the southeast
31 acres of the quarry. Reserves are
estimated at about 29 million tons of
ore. At an ore production rate of 1.3
million tons per year, Phase 1B would
have a life of approximately 22 years.
Phase 2 would excavate the central 85
acres of the quarry. Reserves are
estimated at 19 million tons of ore. At
an ore production rate 1.3 million tons
per year, Phase 1B would have a life of
approximately 14.5 years for a
cumulative total of 40 years from the
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commencement of mining. Phase 3
would be an approximately 40-year
excavation phase on approximately 75
acres within the central part of the
quarry within the footprint of Phase 2.
Mining would excavate to floor
elevation of approximately 5,905 feet, a
depth of approximately 315 feet below
the Phase 2 floor elevation of 6,130 feet.
Reserves are estimated at over 52
million tons of ore. Phase 4 would be
the final excavation phase on
approximately 65 acres within the
central part of the proposed South
Quarry configuration, again within the
footprint of Phase 2, to complete the
120-year lifespan. Mining would
excavate to floor elevation of
approximately 5,365 feet, a maximum
depth of approximately 550 feet below
the Phase 3 floor elevation of 5,905 feet.
Reserves are estimated at 52 million
tons of ore.
Minimal amounts of overburden are
expected as the limestone is generally
exposed across the quarry site. Any
topsoil onsite would be in the form of
smaller eroded limestone gravel that
may contain organic material and seeds.
This surface material would be salvaged
and stored in separately marked
stockpiles for future reclamation efforts
along and above the top benches and
used for the construction of the
landscape berm along the southern rim.
Instead of removing the waste rock and
depositing it in a separate waste
stockpile(s) outside the rim of the
quarry, this plan proposes to backfill the
waste rock within Phases 1B and 4 as
mining progresses with depth.
Mitsubishi Cement Corporation
proposes to reclaim the quarry site to
meet both Forest Service Minerals
Regulations (36 CFR 228, Subpart A)
under the jurisdiction of the San
Bernardino National Forest and the
California Surface Mining and
Reclamation Act implemented by San
Bernardino County that will minimize
impacts to the surrounding
environment. Due to planned extraction,
the permanent perimeter quarry slopes
would be reclaimed from the rim
downward as completed per phase to
meet designed slopes dependent on the
findings of the ongoing slope stability
assessments. Reclamation would consist
of sloping excavated cuts and benches
as necessary to meet the designed
0.55H: 1V overall slope and to round the
rims of the final benches. Each bench
would be sloped inward toward the
vertical wall to capture any
precipitation or runoff. The individual
benches would be approximately 45 feet
vertical and 25 feet wide unless
required to be flatter in specific areas, as
determined by geological mapping
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during ongoing quarry operations or
where the waste rock stockpiles would
be located. Surface material salvaged for
revegetation would be limited due to the
surficial rock conditions onsite.
Available material containing the native
seed bank would be placed on the
benches and would be augmented with
additional growth media and mulch in
‘‘islands’’ to provide future sources of
seeds. The revegetation methods
include seeding with native perennial
species, plantings grown in a nursery
whether started from seed, cuttings or
whole plant salvage from seeds
collected at or near the site, and
planting plants salvaged from new
mining areas. The Biological Monitoring
Plan would be an ongoing effort to
assess the results of revegetation on the
disturbed areas of the site. The
monitoring plan would be followed
annually to monitor and assess
completed revegetated areas and areas
where revegetation is being planned or
just beginning.
The Plan of Operations includes
avoidance/minimization and
environmental protection measures,
including:
1. Mitsubishi Cement Corporation
will, upon withdrawal, quit-claim
specified unpatented mining claims
held within San Bernardino National
Forest, and convey specified patented
lands, which have been verified by the
Forest Service to contain occupied
endangered species habitat on a 3 to 1
ratio (acres and conservation value) as
mitigation for impacts of the expansion
on Cushenbury buckwheat (Eriogonum
ovalifolium var. vineum), Cushenbury
oxytheca (Oxytheca parishii var.
goodmaniana), and Parish’s daisy
(Erigeron parishii).
2. Control of surface drainage,
erosion, and sedimentation of the
proposed haul road and quarry
operations will involve the following
primary components currently being
implemented for existing operations:
a. Limiting surface disturbance to the
minimum area required for active
operations.
b. Diverting runoff, where
operationally feasible, such that runoff
from undisturbed areas does not enter
the area of active operations.
c. Using ditches, sediment basins, and
localized control and maintenance
measures to intercept and control runoff
along the haul road.
d. Stabilizing disturbance areas
through regrading, revegetation, and
other restoration practices.
3. To avoid incidental killing of birds
protected under the Migratory Bird
Treaty Act, two measures will be
implemented: (1) Complete all
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vegetation removal or initial grading
outside the breeding season (i.e., do not
remove potential nesting habitat from
February 1 through August 31), or (2)
confirm prior to beginning vegetation
removal but after survey flagging is in
place showing the limits of grading, that
no birds are nesting in areas to be
disturbed.
4. The occurrence of weeds on-site
shall be monitored by visual inspection.
The goal is to prevent weeds from
becoming established and depositing
seeds in areas to be revegetated at a later
date. No areas will be allowed to have
more than 20 percent of the ground
cover provided by nonnative plant
species. If inspections reveal that weeds
are becoming an issue or have
established on-site, then removal will be
initiated. Inspections shall be made in
conjunction with revegetation
monitoring.
Lead and Cooperating Agencies
The San Bernardino National Forest
and County of San Bernardino, as the
lead state agency under the California
Environmental Quality Act (CEQA), will
be preparing a joint Environmental
Impact Statement (EIS) and
Environmental Impact Report (EIR).
This EIS/EIR will analyze and disclose
the potential effects of the proposed
limestone quarry. Each joint lead agency
retains its decisionmaking authority
over the part of the proposed action over
which it has authority and does not
acquire any influence over the other’s
decisionmaking.
The Mojave Desert Air Quality
Management District has agreed to
participate as a cooperating agency and
to provide expertise regarding the
proposed actions’ relationship to the
relevant objectives of regional, State and
local land use plans, policies and
controls.
Responsible Official
The Responsible Official for the
Mitsubishi South Quarry Expansion
project is the San Bernardino National
Forest Supervisor, Jody Noiron.
Nature of Decision To Be Made
The Responsible Official will decide
whether to approve the Plan of
Operation following the environmental
analysis. The Forest Service does not
have the authority to remove the
proponent’s ability to mine its claims on
National Forest System lands. San
Bernardino County will decide whether
to approve the Reclamation Plan under
SMARA following the analysis under
CEQA.
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Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices
Scoping Process
This notice of intent initiates the
scoping process, which guides the
development of the EIS/EIR. The
complete Plan of Operation and
Reclamation Plan is available on the San
Bernardino National Forest Web site at:
https://data.ecosystem-management.org/
nepaweb/
nepa_project_exp.php?project=32613.
Public Scoping meetings will be held on
Tuesday, March 13, 2012 at the Lucerne
Valley Community Center, 33187 Old
Woman Springs Road, Lucerne Valley,
California 92356 beginning at 7 pm PST,
and Tuesday, March 20, 2012 at the Big
Bear Discovery Center, 40971 North
Shore Drive (Highway 38), Fawnskin,
California 92333 beginning at 7 pm PST.
It is important that reviewers provide
their comments at such times and in
such manner that they are useful to the
agency’s preparation of the EIS/EIR.
Therefore, comments should be
provided prior to the close of the
comment period and should clearly
articulate the reviewer’s concerns and
contentions.
Dated: February 13, 2012.
Jody Noiron,
Forest Supervisor, San Bernardino National
Forest.
[FR Doc. 2012–3938 Filed 2–21–12; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
Tri-State Generation and Transmission
Association, Inc., Notice of Intent To
Hold Public Scoping Meetings and
Prepare an Environmental Assessment
Rural Utilities Service, USDA.
Notice of Intent To Hold Public
Scoping Meetings and Prepare an
Environmental Assessment.
AGENCY:
ACTION:
The Rural Utilities Service
(RUS), an agency of the United States
Department of Agriculture, intends to
hold public scoping meetings and
prepare an Environmental Assessment
(EA) to meet its responsibilities under
the National Environmental Policy Act
(NEPA) and RUS’s Environmental
Policies and Procedures (7 CFR part
1794) in connection with potential
impacts related to a proposed project in
Colorado by Tri-State Generation and
Transmission Association, Inc. (TriState). The proposed Burlington-Wray
230-kilovolt (kV) Transmission Project
(Proposal) consists of the following: a
proposed new single-circuit 230-kV
electric transmission line between the
existing Burlington Substation in Kit
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Carson County and the existing Wray
Substation in Yuma County. Tri-State is
requesting that RUS provide financial
assistance for the Proposal.
DATES: RUS will conduct public scoping
meetings in an open house format to
provide information and solicit
comments for the preparation of the EA.
The scoping meetings will be held on
the following dates: Tuesday, March 6,
2012, from 5–8 p.m. at the Burlington
Community Center, 340 South 14th
Street, Burlington, Colorado 80807;
Wednesday, March 8, 2012, 5–8 p.m. at
the Wray Roundhouse, 245 West 4th
Street, Wray, Colorado 80758. All
written questions and comments must
be received on or before March 23, 2012.
ADDRESSES: An Alternative Evaluation
Study (AES) and Macro Corridor Study
(MCS) have been prepared for the
proposed project. All documents are
available for review prior to and at the
public scoping meetings. The reports are
available at the RUS address provided
in this notice and on the agency’s Web
site: https://www.rurdev.usda.gov/UWPea.htm. The documents are also
available for review at the offices of TriState and its member cooperatives K.C.
Electric Association and Y–W Electric
Association. In addition, the following
repositories will have the AES and MCS
available for public review:
Tri-State Generation and
Transmission Association, Inc., 1100
West 116th Avenue, Westminster,
Colorado 80234–2814.
K.C. Electric Association, 281 Main
Street, Stratton, Colorado 80836.
Y–W Electric Association, 1016
Grants Way, Wray, Colorado 80758–
1915.
Wray Public Library, 301 W. 7th
Street, Wray, Colorado 80758.
Burlington Public Library, 321 14th
Street, Burlington, CO 80807.
FOR FURTHER INFORMATION CONTACT: To
obtain copies of the EA, to comment on
the EA, or for further information,
contact Dennis Rankin, Environmental
Protection Specialist, USDA Rural
Utilities Service, 1400 Independence
Avenue SW., Stop 1571, Washington,
DC 20250–1571, Telephone: (202) 720–
1953, Facsimile: (202) 690–0649, or
email dennis.rankin@wdc.usda.gov.
SUPPLEMENTARY INFORMATION: The
primary purpose for the Proposal is to
alleviate transmission system
limitations in eastern Colorado, improve
Tri-State’s ability to dispatch existing
generation resources in eastern
Colorado, and improve Tri-State’s
ability to deliver energy to native load
customers. The proposed action also
would provide a transmission outlet for
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10475
renewable energy generation in eastern
Colorado.
Tri-State is seeking funding from RUS
for the Proposal. Prior to making a
financial decision about whether to
provide financial assistance for a
proposed project, RUS is required to
conduct an environmental review under
the NEPA in accordance with the RUS
Environmental Policies and Procedures
codified in 7 CFR part 1794.
Government agencies, private
organizations, and the public are invited
to participate in the planning and
analysis of the proposed action.
Representatives from the RUS and TriState will be available at the scoping
meetings to discuss the environmental
review process, describe the Proposal,
discuss the scope of environmental
issues to be considered, answer
questions, and accept comments. RUS
and Tri-state will use comments and
input provided by all interested parties
in the preparation of an Environmental
Assessment Tri-State will submit the EA
to RUS for review. RUS will use the
environmental document to determine
the significance of the impacts of the
Proposal and may adopt the
environmental document as its EA for
the proposal. RUS’s EA will be available
for review and comment for 30 days.
Announcement of the availability of the
EA will be published in the Federal
Register and in newspapers with
circulation in the project area.
Should RUS determine that the
preparation of an Environmental Impact
Statement is not necessary, it will
prepare a Finding of No Significant
Impact (FONSI). Announcement of the
availability of a FONSI will be
published in the Federal Register and in
newspapers with circulation in the
project area. Any final action by RUS
related to the Proposal will be subject
to, and contingent upon, compliance
with all relevant Federal, State and local
environmental laws and regulations and
completion of the environmental review
procedures as prescribed by RUS’s
Environmental Policies and Procedures
(7 CFR part 1794).
Dated: February 15, 2012.
Mark S. Plank,
Director, Engineering and Environmental
Staff, USDA, Rural Utilities Service.
[FR Doc. 2012–4082 Filed 2–21–12; 8:45 am]
BILLING CODE P
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Agencies
[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10472-10475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3938]
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DEPARTMENT OF AGRICULTURE
Forest Service
San Bernardino National Forest, Mountaintop Ranger District,
California, Mitsubishi South Quarry Expansion Project
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: Mitsubishi Cement Corporation is submitting to the San
Bernardino National Forest and San Bernardino County, for permitting, a
Plan of Operations and Reclamation Plan for the South Quarry. The South
Quarry will total approximately 153.6 acres consisting of a 128-acre
quarry, a 2.7 acre landscape berm, a 22.2-acre haul road 1.8 miles in
length, and a temporary construction road of 0.7 acres. The South
Quarry and haul road will be located almost entirely (147.0 acres) on
440 acres of unpatented claims owned by Mitsubishi Cement Corporation
on the San Bernardino National Forest with approximately 6.6 acres of
the haul road located on Mitsubishi Cement Corporation fee land where
it enters the existing East Pit.
[[Page 10473]]
Current estimates project the South Quarry could feed the cement plant
for approximately 120 years. No change to the throughput or operation
of the Cushenbury Cement Plant is proposed as part of this project.
Based on drilling conducted during the winter of 2009 and 2010, the
South Quarry site has estimated proven and inferred reserves of over
200 million tons of mostly high to medium grade limestone. This higher
grade limestone would be blended with lower grade limestone excavated
from the West and East Pits at a ratio of approximately 50/50 in order
to meet the limestone specifications to feed the adjacent Mitsubishi
Cement Corporation Cushenbury Cement Plant. Concurrent reclamation
would be conducted throughout the life of the quarry and, at the
conclusion of excavations, 5 years of active reclamation and
revegetation would be implemented followed by revegetation monitoring
and remediation until revegetation goals are achieved.
Comments are being requested to help identify significant issues or
concerns related to the proposed action, to determine the scope of the
issues (including alternatives) that need to be analyzed and to
eliminate from detailed study those issues that are not significant.
Supporting documentation should be included with comments recommending
that the joint Environmental Impact Statement (EIS) and Environmental
Impact Report (EIR) (EIS/EIR), to be prepared by the San Bernardino
National Forest and County of San Bernardino, as the lead state agency
under the California Environmental Quality Act (CEQA), address specific
environmental issues.
DATES: Comments concerning the scope of the analysis must be received
by March 23, 2012. The draft EIS/EIR is expected fall 2012 and the
final EIS/EIR is expected spring 2013.
ADDRESSES: Send written comments to San Bernardino National Forest,
Mitsubishi South Quarry Expansion Project, do Anne Surdzial, ECORP
Consulting, Inc. 215 N. 5th Street, Redlands, CA 92374. Comments may
also be sent via email to asurdzial@ecorpconsulting.com (please put
``Mitsubishi Cement Company South Quarry Expansion'' in the subject
line), or via facsimile to (909) 307-0056. It is important that
reviewers provide their comments at such times and in such a way that
they are useful to the Agency's preparation of the EIS/EIR. Therefore,
comments should be provided prior to the close of the comment period
and should clearly articulate the reviewer's concerns and contentions
with the proposed action.
Comments received in response to this solicitation, including names
and addresses of those who comment, will be part of the public record
for this proposed action. However, comments submitted anonymously will
be accepted and considered.
FOR FURTHER INFORMATION CONTACT: Thomas Hall, Environmental
Coordinator, San Bernardino National Forest at (909) 382-2905 or
thall@fs.fed.us. 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: Mitsubishi Cement Corporation submitted the
Plan of Operations and Reclamation Plan for the proposed South Quarry
to the Mountaintop District Ranger, San Bernardino National Forest, on
October 22, 2010. The South Quarry is within portions of Sections 14,
15, 22, and 23 Township 3 North, Range 1 East. Elevations at the South
Quarry site currently range from 5,555 to 6,675 feet.
The South Quarry would be mined at an average production rate of
1.3 million tons per year of ore and 150,000 tons per year of waste
rock for up to 120 years. At this time, Mitsubishi Cement Corporation
is requesting a 120-year operations plan excavating approximately 156
million tons of ore. Mitsubishi Cement Corporation's Cushenbury Cement
Plant requires a limestone feed of up approximately 2.6 million tons
per year, and this would not change as a result of the South Quarry
Project. East and West Pits would be reduced to an average of 1.3
million tons per year of ore and 150,000 tons per year of waste rock.
Therefore the overall limestone production of 2.6 million tons per year
and 300,000 tons per year of waste rock at the mining complex would not
change.
Purpose and Need for Action
Mitsubishi Cement Corporation submitted to San Bernardino National
Forest and San Bernardino County a Plan of Operations and Reclamation
Plan for the proposed South Quarry. The Forest Service is analyzing the
surface use of National Forest System lands in connection with
operations authorized by the United States mining laws (30 U.S.C. 21-
54), which confer a statutory right to enter upon the public lands to
search for minerals, shall be conducted so as to minimize adverse
environmental impacts on National Forest System surface resources. The
responsibility for managing mineral resources is in the Secretary of
the Interior.
Mitsubishi Cement Corporation's Cushenbury Cement Plant requires a
limestone feed of approximately 2.6 million tons per year of a specific
blend of limestone in order to manufacture cement. In 2004, as the
existing East Pit neared its exhaustion of cement grade limestone, the
West Pit expansion was approved by the County of San Bernardino on 191
acres to the west of the existing East Pit with approximately 217
million tons of limestone reserves. The amount of high grade limestone
to blend with the lower grades of limestone to meet the feed
requirement for the cement plant would not be adequate for the life of
the mine. The proposed South Quarry site would be able to meet the
requirements for blending with its estimated, proven and inferred
reserves of over 200 million tons of high to medium grade limestone
rock.
Proposed Action
The development of the South Quarry would consist of construction
of the 1.8 mile long haul road, four phases of excavations, concurrent
reclamation, and then final reclamation followed by revegetation
monitoring. During the first two years, the 1.8-mile long haul road
would be constructed. The planned haul road would access the South
Quarry at 5,950 feet amsl and traverse down the north slope to an
elevation of 5,050 feet amsl at the southwest corner of the existing
East Pit. The road's surface width would be 50 to 60 feet with a grade
not to exceed 10% and it would have a surface of crushed limestone. The
excavation plan for the South Quarry is divided into four phases based
on operational, engineering, and environmental concerns with the
development of the main quarry to a maximum depth of 5,365 feet above
mean sea level or 1,215 feet below the quarry rim on the south. Phase
1A would be initiated after construction of the haul road and
compliance with preconstruction conditions and has ore reserves of
approximately 3.5 years. Phase 1B would excavate the southeast 31 acres
of the quarry. Reserves are estimated at about 29 million tons of ore.
At an ore production rate of 1.3 million tons per year, Phase 1B would
have a life of approximately 22 years. Phase 2 would excavate the
central 85 acres of the quarry. Reserves are estimated at 19 million
tons of ore. At an ore production rate 1.3 million tons per year, Phase
1B would have a life of approximately 14.5 years for a cumulative total
of 40 years from the
[[Page 10474]]
commencement of mining. Phase 3 would be an approximately 40-year
excavation phase on approximately 75 acres within the central part of
the quarry within the footprint of Phase 2. Mining would excavate to
floor elevation of approximately 5,905 feet, a depth of approximately
315 feet below the Phase 2 floor elevation of 6,130 feet. Reserves are
estimated at over 52 million tons of ore. Phase 4 would be the final
excavation phase on approximately 65 acres within the central part of
the proposed South Quarry configuration, again within the footprint of
Phase 2, to complete the 120-year lifespan. Mining would excavate to
floor elevation of approximately 5,365 feet, a maximum depth of
approximately 550 feet below the Phase 3 floor elevation of 5,905 feet.
Reserves are estimated at 52 million tons of ore.
Minimal amounts of overburden are expected as the limestone is
generally exposed across the quarry site. Any topsoil onsite would be
in the form of smaller eroded limestone gravel that may contain organic
material and seeds. This surface material would be salvaged and stored
in separately marked stockpiles for future reclamation efforts along
and above the top benches and used for the construction of the
landscape berm along the southern rim. Instead of removing the waste
rock and depositing it in a separate waste stockpile(s) outside the rim
of the quarry, this plan proposes to backfill the waste rock within
Phases 1B and 4 as mining progresses with depth.
Mitsubishi Cement Corporation proposes to reclaim the quarry site
to meet both Forest Service Minerals Regulations (36 CFR 228, Subpart
A) under the jurisdiction of the San Bernardino National Forest and the
California Surface Mining and Reclamation Act implemented by San
Bernardino County that will minimize impacts to the surrounding
environment. Due to planned extraction, the permanent perimeter quarry
slopes would be reclaimed from the rim downward as completed per phase
to meet designed slopes dependent on the findings of the ongoing slope
stability assessments. Reclamation would consist of sloping excavated
cuts and benches as necessary to meet the designed 0.55H: 1V overall
slope and to round the rims of the final benches. Each bench would be
sloped inward toward the vertical wall to capture any precipitation or
runoff. The individual benches would be approximately 45 feet vertical
and 25 feet wide unless required to be flatter in specific areas, as
determined by geological mapping during ongoing quarry operations or
where the waste rock stockpiles would be located. Surface material
salvaged for revegetation would be limited due to the surficial rock
conditions onsite. Available material containing the native seed bank
would be placed on the benches and would be augmented with additional
growth media and mulch in ``islands'' to provide future sources of
seeds. The revegetation methods include seeding with native perennial
species, plantings grown in a nursery whether started from seed,
cuttings or whole plant salvage from seeds collected at or near the
site, and planting plants salvaged from new mining areas. The
Biological Monitoring Plan would be an ongoing effort to assess the
results of revegetation on the disturbed areas of the site. The
monitoring plan would be followed annually to monitor and assess
completed revegetated areas and areas where revegetation is being
planned or just beginning.
The Plan of Operations includes avoidance/minimization and
environmental protection measures, including:
1. Mitsubishi Cement Corporation will, upon withdrawal, quit-claim
specified unpatented mining claims held within San Bernardino National
Forest, and convey specified patented lands, which have been verified
by the Forest Service to contain occupied endangered species habitat on
a 3 to 1 ratio (acres and conservation value) as mitigation for impacts
of the expansion on Cushenbury buckwheat (Eriogonum ovalifolium var.
vineum), Cushenbury oxytheca (Oxytheca parishii var. goodmaniana), and
Parish's daisy (Erigeron parishii).
2. Control of surface drainage, erosion, and sedimentation of the
proposed haul road and quarry operations will involve the following
primary components currently being implemented for existing operations:
a. Limiting surface disturbance to the minimum area required for
active operations.
b. Diverting runoff, where operationally feasible, such that runoff
from undisturbed areas does not enter the area of active operations.
c. Using ditches, sediment basins, and localized control and
maintenance measures to intercept and control runoff along the haul
road.
d. Stabilizing disturbance areas through regrading, revegetation,
and other restoration practices.
3. To avoid incidental killing of birds protected under the
Migratory Bird Treaty Act, two measures will be implemented: (1)
Complete all vegetation removal or initial grading outside the breeding
season (i.e., do not remove potential nesting habitat from February 1
through August 31), or (2) confirm prior to beginning vegetation
removal but after survey flagging is in place showing the limits of
grading, that no birds are nesting in areas to be disturbed.
4. The occurrence of weeds on-site shall be monitored by visual
inspection. The goal is to prevent weeds from becoming established and
depositing seeds in areas to be revegetated at a later date. No areas
will be allowed to have more than 20 percent of the ground cover
provided by nonnative plant species. If inspections reveal that weeds
are becoming an issue or have established on-site, then removal will be
initiated. Inspections shall be made in conjunction with revegetation
monitoring.
Lead and Cooperating Agencies
The San Bernardino National Forest and County of San Bernardino, as
the lead state agency under the California Environmental Quality Act
(CEQA), will be preparing a joint Environmental Impact Statement (EIS)
and Environmental Impact Report (EIR). This EIS/EIR will analyze and
disclose the potential effects of the proposed limestone quarry. Each
joint lead agency retains its decisionmaking authority over the part of
the proposed action over which it has authority and does not acquire
any influence over the other's decisionmaking.
The Mojave Desert Air Quality Management District has agreed to
participate as a cooperating agency and to provide expertise regarding
the proposed actions' relationship to the relevant objectives of
regional, State and local land use plans, policies and controls.
Responsible Official
The Responsible Official for the Mitsubishi South Quarry Expansion
project is the San Bernardino National Forest Supervisor, Jody Noiron.
Nature of Decision To Be Made
The Responsible Official will decide whether to approve the Plan of
Operation following the environmental analysis. The Forest Service does
not have the authority to remove the proponent's ability to mine its
claims on National Forest System lands. San Bernardino County will
decide whether to approve the Reclamation Plan under SMARA following
the analysis under CEQA.
[[Page 10475]]
Scoping Process
This notice of intent initiates the scoping process, which guides
the development of the EIS/EIR. The complete Plan of Operation and
Reclamation Plan is available on the San Bernardino National Forest Web
site at: https://data.ecosystem-management.org/nepaweb/nepa_project_exp.php?project=32613. Public Scoping meetings will be held on Tuesday,
March 13, 2012 at the Lucerne Valley Community Center, 33187 Old Woman
Springs Road, Lucerne Valley, California 92356 beginning at 7 pm PST,
and Tuesday, March 20, 2012 at the Big Bear Discovery Center, 40971
North Shore Drive (Highway 38), Fawnskin, California 92333 beginning at
7 pm PST.
It is important that reviewers provide their comments at such times
and in such manner that they are useful to the agency's preparation of
the EIS/EIR. Therefore, comments should be provided prior to the close
of the comment period and should clearly articulate the reviewer's
concerns and contentions.
Dated: February 13, 2012.
Jody Noiron,
Forest Supervisor, San Bernardino National Forest.
[FR Doc. 2012-3938 Filed 2-21-12; 8:45 am]
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