![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Grand Mesa, Uncompahgre and Gunnison National Forests; Robin Redbreast Unpatented Lode Claim Mining Plan of Operations; Hinsdale County, CO
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 16, 2004 (Volume 69, Number 115)]
[Notices]
[Page 33620-33622]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn04-34]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Grand Mesa, Uncompahgre and Gunnison National Forests; Robin
Redbreast Unpatented Lode Claim Mining Plan of Operations; Hinsdale
County, CO
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: A proposed Plan of Operations has been submitted for approval.
The Forest Service will prepare an Environmental Impact Statement (EIS)
to assess and disclose the environmental effects of access and mine
development the Robin Redbreast unpatented lode mining claim. The Robin
Redbreast Lode mining claim is located in the NE 1/4, Section 34,
Township 45 North, Range 6 West, New Mexico Principle Meridian,
Hinsdale County, Colorado. The Robin Redbreast mine, an unpatented lode
mining claim, was located in 1938 in Porphry Basin on the Uncompahgre
National Forest. It is recorded in the Hinsdale County Courthouse, Lake
City, Colorado. The most recent approved operating plan is dated August
1983.
The Robin Redbreast Lode mining claim is located at an elevation of
11,400 feet in the Uncompahgre Wilderness Area, established first as
the Big Blue Wilderness in 1980, and changed to the Uncompahgre
Wilderness in the 1993 Colorado Wilderness Act. The If the Plan Of
Operations is approved as proposed, mining operations at the Robin
Redbreast site, and travel to and from the mine would occur within
designated Wilderness. The Forest Service will prepare an Environmental
Impact Statement (EIS) to assess and disclose the environmental effects
of access and mine development of the Robin Redbreast Lode mining claim.
The EIS will comply with the requirements of the National
Environmental Policy Act (42 U.S.C. 4321-4370a), the National Forest
Management Act (16 U.S.C. 1600-1614), and the U.S. mining laws (30
U.S.C. 21-54), and their implementing regulations.
DATES: Comments concerning the proposal and the scope of the analysis
will be accepted and considered at any time after publication of this
notice in the Federal Register and prior to a decision being made. To
be most helpful in the design of the analysis, comments should be
received within 45 days of publication of this NOI in the Federal
Register.
The draft EIS is expected to be filed with the Environmental
Protection Agency (EPA) and available for public review during December
2004. When a draft EIS is available the EPA will publish a Notice of
Availability (NOA) in the Federal Register. The comment period on the
draft EIS will be for a period of not less than 45 days from the date
the EPA publishes the NOA in the Federal Register. The final EIS is
expected to be available in June 2005.
ADDRESSES: Send written comments to Jeff Burch, Grand Mesa, Uncompahgre
and Gunnison National Forest, Supervisor's Office, 2250 Highway 50,
Delta, CO 81416. Electronic mail (e-mail) may be sent to
jburch@fs.fed.us and FAX may be sent to (970) 874-6698. Telephone:
(970) 874-6649.
[[Page 33621]]
FOR FURTHER INFORMATION CONTACT: Jeff Burch, Environmental Coordinator,
Grand Mesa, Uncompahgre and Gunnison National Forests, 2250 Highway 50,
Delta, Colorado 81416. Telephone: (970) 874-6649.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The project would serve to meet the goal of the developent and
production of precious metals, gold and silver, from the Robin
Redbreast unpatented mining claim.
Proposed Action
Proposed Mine Operations
An open field area adjacent to the Middle Fork trailhead
#227 is proposed for the project staging area to be used during
construction and development of the operation. This trailhead is
outside of the Wilderness.
Proposed ground access to the mine site is by foot, horseback, or
mule-train via an existing single track Wilderness trail, Forest
Service Trail #227. Helicopter access is proposed for
approximately two days per month to ferry equipment and supplies.
Surface facilities necessary to support mining would involve clearing
and terracing of two separate sub-alpine sites: One approximately 70 by
90 feet in size, and another approximately 200 by 170 feet in size.
Facilities to be placed at each of these sites would include a shop,
fuel containment area, a powder and primer magazine, a generator shed,
an ore storage and sorting pad, and a waste rock storage area. A small
support cabin was constructed during past mining activity and is
located approximately 75 feet from the proposed mining area. A rubber
tired Bobcat sized loader and slusher would be used at the mine site
for surface preparation and underground mining and hauling.
Two portals and associated mine tunnels totaling approximately 650
feet in length would be constructed to reach the ore body. Once the ore
body is reached, ore removed from the mine would be sorted by hand on
site. Higher grade ore would be loaded onto pack mules, packed out to
the trail head in the Middle Fork of the Cimarron via Forest Service
Trails #227 and #243, and then trucked daily off the
Forest in a one-ton pickup truck. It is anticipated at this time that
over the course of mine development a total of 2550 tons of waste rock
will be generated. However, the true extent of the ore body, which can
not be known at this time, will how much waste rock will will
eventually be produced. The submitted plan of operations proposes that
during mining operations, a mule-train, including eight mules and two
horses with riders, would make two trips a day, originating at the
trail head and going to and from the mine site. Also proposed are daily
pickup truck trips on existing state highways and improved Forest
Development roads, from Montrose to the trailhead and back, and twice
monthly helicopter trips to and from the mine site.
Timber needed to support mining operations would be cut from the
surrounding forest, on the mining claim, using standing dead trees
first, but green timber if necessary. Living quarters for four to five
workers would be the existing cabin. Drinking water would come from
Porphyry Creek, which flows through the claim. Chemex self-contained
toilets are proposed for use near the cabin and at the mine sites. Fuel
storage pads would be constructed to hold up to 1375 gallons at any one
time. The extent of the ore body, if one does exist, is not known. It
is impossible at this time to anticipate the precise duration of mining
activities at this site. The expected duration is five to ten years,
dependent again upon actual extent of the ore body. Operations are
proposed to take place between May and November because of heavy winter
snows at this elevation. Reclamation of the site would be required at
the end of mining operations. Sufficient bond to ensure compliance will
be required.
Possible Alternatives
At this time a possible alternative staging area for helicopter
loading further down the valley of the middle fork of the Cimarron has
been identified. It is located near the point at which the Middle Fork
road (FDR #861) departs from the main road accessing the
Silverjack area. Also, an alternative livestock staging area and trail
head for this operation will be considered. Additionally, an
alternative of removing ore by helicopter rather than by mule train may
be explored.
Lead and Cooperating Agencies
The Forest Service is the lead agency. There are no cooperating
agencies.
Responsible Official
The Forest Supervisor, (now vacant), Grand Mesa, Uncompahgre and
Gunnison National Forests, 2250 Highway 50, Delta, Colorado 81416 is
the official responsible for making the decision on this action. He/she
will document his/her decision and rationale in a Record of Decision.
Nature of Decision To Be Made
It is the purpose of the analysis, and of the decision that follows
it, to allow Robert and Marjorie Miller to exercise their right to mine
within their unpatented lode mining claim while protecting National
Forest resources and values, consistent with the General Mining Law of
1872 as amended, with other applicable law regulation and policy, and
with the standards and guidelines in the Grand Mesa, Uncompahgre, and
Gunnison National Forest Land Management Plan. The Responsible Official
will consider the results of the analysis and its findings and then
document the final decision in a Record of Decision (ROD). The nature
of the Forest Service decision to be made in response to the Plan Of
Operations submitted by Robert W. and Margorie Miller is: (1) Approve
the project as proposed, or (2) Notify the operator of changes or
additions to the Plan Of Operations necessary to minimize or eliminate
adverse environmental impacts from mineral activities on National
Forest System (NFS) lands, as required by Forest Service Regulations
(36 CFR part 228A).
The Grand Mesa, Uncompahgre, and Gunnison National Forest
Supervisor (Responsible Official) has determined that preparation of
the EIS is required for approval of the Plan Of Operations under Forest
Service regulations governing locatable mineral activities on National
Forest System Lands (36 CFR 228A) and CEQ regulations implementing the
National Environmental Policy Act (40 CFR 1501-1508). It is not the
purpose of the analysis to determine management of mineral resources.
The responsibility for that determination lies with the Secretary of
the Interior.
Scoping Process
Scoping for this project will consist of this notice in the Federal
Register, mailing of this notice to parties known to be interested, a
news release for publication in local newspapers, and notification of
local elected representatives. At this time no public meetings are
planned.
Preliminary Issues
Preliminary issues identified so far include: Effects of helicopter
noise on recreation experience in Wilderness and there surrounding
National Forest, including the Silverjack Reservior area; effects of
livestock staging and use at the Middle Fork (#243) trail head,
and on trails to Porphyry Basin (trails #243 and 227); effects
of mining and access on Wilderness; effects of access and
[[Page 33622]]
hauling on Forest roads and trails; effects of mining operations on
surface and sub-surface waters; effects of mining operations on
cultural or historic properties; effects of mining operations on
wildlife, plant life and ecosystems; effects of mining operations on
recreation experience, and on opportunities for users of the area
during and after mining operations; and effects on the long term
condition of the site.
Permits or Licenses Required
Additional permits or licenses which may be required in addition to
Forest Service authorizations include, but are not limited to the
following: Department of the Army (Section 404 of the Federal Clean
Water Act) Permit for dredge and fill of wetlands or waters of the
United States; Permit from Colorado Department of Public Safety
(Section 402 of the Federal Clean Water Act) addressing storm-water
run-off; Environmental Protection Agency approval of Spill Prevention,
Control, and Countermeasures Plan; Colorado Division of Minerals 110
Limited Impact Permit. In addition water rights for use of water from
Porphyry Creek will need to be obtained.
Comment Requested
This notice of intent initiates the scoping process which guides
the development of the environmental impact statement. Public scoping
describing the Plan of Operations associated with the Robin Redbreast
Lode mining claim is being initiated with this Notice of Intent.
Comments from this scoping effort will be reviewed to identify
potential issues for this analysis. While comments are welcome at any
time, comments received within 45 days of the publication of this
notice in the Federal Register will be most useful for the
identification of issues and the analysis of alternatives. The name and
mailing address of commenters should be provided with their comments so
that future documents pertaining to this environmental analysis and the
decision can be provided to interested parties.
In the final EIS, the Forest Service will respond to any comments,
received during the public comment period, that pertain to the
environmental analysis. Those comments and the Forest Service responses
will be disclosed and discussed in the final EIS and will be considered
when the final decision about this proposal is made.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review: A draft environmental impact statement will be
prepared for comment. The comment period on the draft environmental
impact statement will be 45 days from the date the Environmental
Protection Agency publishes the notice of availability in the Federal
Register.
The Forest Service believes, at this early stage, it is important
to give reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
draft environmental impact statements must structure their
participation in the environmental review of the proposal so that it is
meaningful and alerts an agency to the reviewer's position and
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,
553 (1978). Also, environmental objections that could be raised at the
draft environmental impact statement stage but that are not raised
until after completion of the final environmental impact statement may
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,
it is very important that those interested in this proposed action
participate by the close of the 45-day comment period so that
substantive comments and objections are made available to the Forest
Service at a time when it can meaningfully consider them and respond to
them in the final environmental impact statement.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft
environmental impact statement should be as specific as possible. It is
also helpful if comments refer to specific pages or chapters of the
draft statement. Comments may also address the adequacy of the draft
environmental impact statement or the merits of the alternatives
formulated and discussed in the statement. Reviewers may wish to refer
to the Council on Environmental Quality Regulations for implementing
the procedural provisions of the National Environmental Policy Act at
40 CFR 1503.3 in addressing these points.
Comments received, including the names and addresses of those who
comment, will be considered part of the public record on this proposal
and will be available for public inspection.
Also, comment during this 45-day comment period is required to
establish eligibility to appeal the final decision under 36 CFR part 215.
(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21)
Dated: June 3, 2004.
Larry M. Hill,
Acting Forest Supervisor.
[FR Doc. 04-13504 Filed 6-15-04; 8:45 am]
BILLING CODE 3410-11-P