Notice of Intent To Prepare an Environmental Impact Statement for the Husky 1 North Dry Ridge Phosphate Mine and Notice of Cancellation of Environmental Impact Statement Preparation for the Nu-West Mining Husky 1-North Dry Ridge Phosphate Mine Project, 83994-83996 [2020-28242]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service
• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 83994-83996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28242]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

DEPARTMENT OF AGRICULTURE

Forest Service

[20XL.LLIDI00000.L71220000.EO0000.LVTFDX814600.241A;4500150180]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Husky 1 North Dry Ridge Phosphate Mine and Notice of Cancellation 
of Environmental Impact Statement Preparation for the Nu-West Mining 
Husky 1-North Dry Ridge Phosphate Mine Project

AGENCY: Bureau of Land Management, Interior; U.S. Forest Service, 
Department of Agriculture.

ACTION: Notice of intent to prepare an Environmental Impact Statement 
and notice to terminate preparation of Another Environmental Impact 
Statement.

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SUMMARY: The Bureau of Land Management (BLM) and Forest Service will 
consider approving the Husky 1 North Dry Ridge phosphate Mine and 
Reclamation Plan (MRP) on Federal Phosphate Leases, lease 
modifications, and Special Use Authorizations for ancillary facilities 
located off-lease on National Forest System lands. Previous plans 
submitted by Nu-West Mining (doing business as Agrium Conda Phosphate 
Operations) for the mining property are no longer being considered for 
approval. The former Notice of Intent published in 2012 (77 FR 46107) 
is cancelled and preparation of the Environmental Impact Statement 
(DOI-BLM-ID-I020-2012-0047-EIS) is terminated.

DATES: The BLM and Forest Service request comments concerning the scope 
of the analysis and identification of relevant information, studies and 
analyses. All comments must be received by January 22, 2021. The draft 
Environmental Impact Statement is scheduled for May 2021 and the final 
Environmental Impact Statement is scheduled for November 2021, with BLM 
and Forest Service Records of Decision in February 2022. The BLM will 
announce dates of scoping meetings at least 15 days in advance of the 
meeting on the BLM National ePlanning website--https://go.usa.gov/x7HSJ. Scoping meetings will be held online.

ADDRESSES: Send written comments to: Husky 1 North Dry Ridge Mine EIS, 
C/O Tetra Tech, 2525 Palmer Street, Suite 2, Missoula, MT 59808. Send 
comments via email to [email protected]. Submit comments 
online at the website https://go.usa.gov/x7HSJ.

FOR FURTHER INFORMATION CONTACT: Wes Gilmer, BLM Pocatello Field 
Office, (208) 478-6369 or [email protected]. Persons who use a 
telecommunication device for the deaf (TDD) may call the Federal Relay 
Service (FRS) at 1-800-877-8339 to contact the above individual during 
normal business hours. The FRS is available 24 hours a day, seven days 
a week, to leave a message or question with the above individual. You 
will receive a reply during normal business hours.
    Documents pertinent to this proposal may be examined at the 
Pocatello Field Office, address 4350 Cliffs Drive, Pocatello, ID 83204; 
information is also available at the BLM's website at https://go.usa.gov/x7HSJ.

SUPPLEMENTARY INFORMATION:

Purpose and Need for the Proposed Action

    Itafos Conda LLC is proposing to exercise mining rights that the 
Unites States has previously granted in Federal phosphate leases that 
it currently holds or controls. The company has developed and submitted 
an MRP for the Husky 1 North Dry Ridge Phosphate Mine. The purpose is 
for the BLM and Forest

[[Page 83995]]

Service to evaluate and respond to the plan submitted for the recovery 
of phosphate ore and to modify leases, in accordance with the Mineral 
Leasing Act of 1920 as amended. As the surface management agency, the 
Forest Service will provide the BLM with formal recommendations on the 
BLM's action to modify the lease (43 CFR 3503.20), evaluate and respond 
to the MRP, and issue Special Use Authorizations for the portion of 
operations that would occur on National Forest System (NFS) lands 
outside lease boundaries (36 CFR 251.50). Itafos Conda LLC has the 
exclusive right and privilege to recover phosphate from their leases, 
including the exploration, mining, and disposal of the phosphate or 
phosphate rock. The U.S Army Corps of Engineers (USACE) purpose as a 
cooperating agency in preparation of an Environmental Impact Statement, 
is to evaluate and consider the MRP relative to a permit decision under 
Section 404 of the Clean Water Act. The need for the Husky 1/North Dry 
Ridge Project is to develop the phosphate resource, using an 
economically viable method, in accordance with Federal laws and 
regulations governing Federal mineral leases, and to allow Itafos Conda 
LLC to exercise its right to develop the leases and ensure economically 
viable and continuous phosphate operations that are in compliance with 
established requirements. Ultimately, the project would supply 
phosphate ore to the plant in Soda Springs, ID.

Preliminary Proposed Action and Alternatives

    The proposed action includes two open phosphate mining pits--the 
North Dry Ridge and Husky 1--in portions of the existing North Dry 
Ridge, Husky 1, and Maybe Canyon Mine leases, and proposed lease 
modifications. Mining would proceed in phases with overburden first 
placed in existing South Maybe Canyon pits, followed by backfilling the 
Husky 1 and North Dry Ridge pits as room is made available. A portion 
of the Husky 1 pit overburden would also be used to construct a 
permanent external overburden stockpile for use in reclamation and to 
buttress mine features such as the relocation of the upper portions of 
Maybe Creek.
    Additional mine facilities include growth media stockpiles, 
temporary overburden storage areas, water management features, dust 
suppression and water supply wells, haul roads, equipment staging 
areas, fuel storage areas, train loading facility (tipple), ore 
stockpiles, and the shop and office area. The existing offices and shop 
facilities at the Dry Valley Mine would be used as the main base for 
Project operations. The Dry Valley yard area would be used for fuel 
storage tanks, an equipment parking/hot start line, and a laydown yard.
    Ore would be transported via haul roads from the mine pit areas to 
an ore stockpile and tipple, then loaded onto railcars and transported 
by existing rail line to Soda Springs. The proposed action includes 
closing a portion of an existing NFS Road (#134) for the duration of 
mining and reclamation. It also proposes that the Blackfoot River Road 
be used as the primary means for the public to access Diamond Creek 
Valley and Dry Valley. The mine would encompass approximately 2,096 
acres of Federal land, including existing Federal phosphate leases 
(1,504 acres), proposed lease enlargement modifications (479 acres), 
and Forest Service Special Use Authorizations (113 acres), and an 
additional 9 acres of private land. Mining operations would disturb 
approximately 1,145 acres of which approximately 1,122 acres, or 98 
percent, would be reclaimed. The remaining 2 percent consists of some 
residual pit walls exposed in the partially backfilled pit area and 
haul roads that would be partially reclaimed to allow for continued 
access necessary for maintenance and monitoring activities.
    To reduce environmental impacts, the MRP emphasizes the backfilling 
of mine pits and covering with earth, and in some locations compacted 
clay, to minimize the release of contaminants to ensure that water 
quality meets the Idaho Ground Water Quality Rule and other established 
requirements. Portions of Maybe Creek and Stewart Creek may be 
realigned to ensure the creeks do not encounter selenium materials or 
backfill and transport contaminants offsite. Suitable soil or other 
growth media would be salvaged from disturbed areas for use in 
reclamation. Concurrent mine reclamation would include backfilling pits 
as mining progresses, grading slopes, capping overburden disposal areas 
and backfilled pits, reestablishing drainages, spreading growth media, 
stabilizing surfaces, promoting revegetation, and testing and treatment 
for any remaining contaminants. Facilities and equipment would be 
removed at closure. Environmental monitoring would be performed to 
ensure impacts do not exceed those authorized. Mining would occur for 
approximately 15 years, followed by approximately one year of final 
reclamation.
    A complete evaluation of the project consistency with the Caribou 
National Forest Revised Forest Plan may indicate the need for project-
specific Forest Plan amendments. In addition to the No Action (not 
approving the MRP, lease modifications, or Special Use Authorizations) 
and the Proposed Action, possible alternatives may include: Changing 
the type or location of cap and cover materials or permanent drainage, 
modifying the mining area to avoid the Inventoried Roadless Area, 
eliminating the permanent overburden stockpiles, avoiding closure of 
the Stewart Canyon Road to recreation during mining, avoiding the lease 
modifications, avoiding the need for special use permits, or avoiding 
or modifying the realignment of Maybe and Stewart creeks. Other 
alternatives may be identified from scoping comments or through 
analysis.

Summary of Expected Impacts

    The BLM expects mining and hauling operations to change groundwater 
and surface water quantity and quality within regulatory limits; remove 
and change the structure and composition of vegetation including 
species important to Native American tribes; disturb wetlands and 
riparian habitat; modify wildlife and fish habitat; temporarily reduce 
areas available for recreation (including hunting and camping) until 
reclamation is complete; change scenery; disturb soil; permanently 
remove mineral resources; create vehicle emissions and fugitive dust; 
extend economic activity such as employment and the continued operation 
of an elemental phosphorous plant; support businesses and generate tax 
revenue; and reduce livestock grazing.

Anticipated Permits and Authorizations

    The BLM anticipates that the following permits and approvals will 
be required for the mine:
     BLM; MRP approval or modification of approved MRP; 43 CFR 
3590.2(a), 3592.1(a)
     Forest Service; 36 CFR 228.5
     BLM; Lease Modification/Fringe Lease; 43 CFR 3510
     BLM; Right-of-way; 90 Statute 2776; 43 U.S. Code (U.S.C.) 
1761
     BLM; Phosphate Use Permit; 43 CFR 3501.10, 43 CFR 3516
     Forest Service; Special Use Authorizations; 36 CFR 251
     Idaho Department of Environmental Quality; Point of 
Compliance under the Idaho Groundwater Quality Rule; IDAPA 58.01.11.401
     Idaho Department of Environmental Quality; Certification 
of Water Quality (Clean Water Act, Section 401); IDAPA

[[Page 83996]]

39-101 et seq.; Idaho Code Parts 39-3601 et seq.
     Idaho Department of Water Resources; Water Rights; Idaho 
Code Parts 42-201 et seq.; IDAPA 37.03.08, Water Appropriation Rules 
and 37.03.11 Conjunctive Management of Surface and Ground Water.
     Idaho Department of Environmental Quality; Stormwater 
Pollution Prevention Plan, Idaho Pollutant Discharge Elimination 
System; (IDAPA 58.01.25)
     USACE; Section 404 Permit--required if surface disturbance 
and placement of fill is more than 0.5 acres of wetlands and 500 feet 
of stream channels; Clean Water Act (Title 33 U.S.C. 1344, Section 
404(a)).
     Idaho Department of Water Resources; Stream Channel 
Alteration Permit; IDAPA 42-3801
     Idaho Department of Environmental Quality; Air Quality 
Permit to Construct; IDAPA 58.01.01
     Idaho Department of Lands; Reclamation Plan approval and 
modification of approved Reclamation Plan; IDAPA 20.03.02.010, 
20.03.02.120, and 20.03.02.140
     Caribou County; Conditional Use Permit for facilities 
within an approved land use; Caribou County Zoning Ordinance, Chapter 
13

Schedule for the Decision-Making Process

    The BLM anticipates a decision in February 2022; the Forest Service 
anticipates a decision on support facilities and the special use 
authorizations in February 2022; the U.S. Army Corps of Engineers 
anticipates a 404 permit decision in February 2022. Idaho Department of 
Environmental Quality anticipates a Point of Compliance in December 
2021 and Idaho Department of Land anticipates a reclamation plan 
approval in 2022.

Public Scoping Process

    This notice of intent initiates the scoping process, which guides 
the development of the Environmental Impact Statement. Scoping meetings 
will be virtual. An announcement about when and how to access the 
virtual meetings online will be posted on the BLM's project website.
    The purpose of public scoping is to identify relevant issues that 
will influence the scope of the environmental analysis, including 
alternatives, and guide the process for developing the environmental 
impact statement. The BLM and Forest Service will use and coordinate 
the NEPA public scoping to help fulfill the public involvement 
requirements under the National Historic Preservation Act (54 U.S.C. 
306108) as provided in 36 CFR 800.2(d)(3). The information about 
historic and cultural resources within the area potentially affected by 
the proposed action will assist the BLM and Forest Service in 
identifying and evaluating impacts to such resources.
    The BLM and Forest Service will conduct government-to-government 
consultation with Indian tribes in accordance with Executive Order 
13175 and other policies. Agencies will give due consideration to 
Tribal concerns, including impacts on Indian trust assets and treaty 
rights and potential impacts to cultural resources.
    The lead agencies invite Federal, State, and local agencies, along 
with Tribes and other stakeholders that may be interested in or 
affected by the proposed Husky 1 North Dry Ridge Mine to participate in 
scoping. Agencies with regulatory authority or special expertise, if 
eligible, may request or be requested by the BLM and Forest Service to 
participate in the development of the environmental analysis as a 
cooperating agency.

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Proposed Action

    BLM and Forest Service request assistance with identifying 
potential alternatives to the Proposed Action to be considered. As 
alternatives should resolve a problem with the Proposed Action, please 
indicate the purpose of the suggested alternative. The BLM and Forest 
Service also request that potential impacts that should be analyzed be 
identified. Impacts should be a result of the action; therefore, please 
identify the activity and the potential impact that should be analyzed. 
Information that reviewers have that would assist in the development of 
alternatives or analysis of resources issues is also helpful.

Lead and Cooperating Agencies

    The BLM and Forest Service are joint lead agencies. U.S. Army Corps 
of Engineers, Idaho Department of Environmental Quality and Idaho 
Governor's Office of Energy and Minerals are cooperating agencies.

Decision Makers

    Idaho Falls District Manager Mary D'Aversa is the BLM responsible 
official. Caribou-Targhee Forest Supervisor Mel Bolling is the Forest 
Service responsible official.

Nature of Decisions to Be Made

    The BLM will decide, regarding approval of the MRP and appropriate 
mitigation measures, the proposed Federal Phosphate Lease 
modifications, and other appropriate land use authorizations for 
activities that take place on leased lands.
    The Forest Service will decide on (1) recommendations to the BLM 
concerning surface management and mitigation on leased lands within the 
Caribou National Forest; (2) decisions on mine-related activities that 
occur off-lease on NFS lands (Special Use Authorization), and (3) 
whether to approve project-specific amendment(s) to the Forest Plan.
    The USACE will decide whether to issue permit(s) under Section 404 
of the Clean Water Act for placement of fill or dredge material into 
waters of the U.S. based on their determination of compliance with the 
EPA's 404(b)(1) Guidelines (40 CFR 230) including selection of the 
least environmentally damaging practicable alternative and the public 
interest review finding at 33 CFR 320.4(a).

Public Disclosure

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

John F. Ruhs,
State Director, Bureau of Land Management, Idaho.
Mel Bolling,
Forest Supervisor, Caribou-Targhee National Forest.
[FR Doc. 2020-28242 Filed 12-22-20; 8:45 am]
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