[Federal Register: January 27, 2003 (Volume 68, Number 17)]
[Notices]
[Page 3856-3858]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja03-39]
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DEPARTMENT OF AGRICULTURE
Forest Service
Coronado National Forest, Arizona; Alpha Calcit Marble Mine
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The Forest Service accepted a Plan of Operations from Alpha
Calcit Arizona, Limited, for mining and road construction in the
Dragoon Mountain Range of the Coronado National Forest in southern
Arizona, as required by the1872 Mining Law, as amended, and its
implementing regulations at 36 CFR part 228. The proposed mine
expansion is located within an inventoried roadless area.
DATES: Comments concerning the scope of the analysis should be received
by April 30, 2003. The draft environmental impact statement is expected
by December, 2003. The final environmental impact statement is expected
in March, 2004.
ADDRESSES: Send written comments to Jennifer Ruyle, Alpha Calcit
Environmental Analysis Team Leader; Coronado National Forest; Federal
Building, FB-42; 300 West Congress, Tucson, Arizona, 85701.
Send electronic mail comments to jruyle@fs.fed.us, Alpha Calcit
Environmental Analysis Team Leader.
FOR FURTHER INFORMATION CONTACT: John McGee, Forest Supervisor,
Coronado National Forest, USDA Forest Service or Jennifer Ruyle,
Analysis Team Leader, Coronado National Forest, USDA Forest Service at
the above address.
SUPPLEMENTARY INFORMATION:
Alpha Calcit Arizona, Limited, is seeking approval for a Plan of
Operations to expand an existing marble
[[Page 3857]]
mine in the Dragoon Mountain Range of the Coronado National Forest in
southern Arizona. The proposed mine expansion is located in an
inventoried roadless area as defined in the Forest Service Roadless
Area Conservation Final Environmental Impact Statement, November 2000.
See page 14 of EIS Volume 2--Maps of Inventoried Roadless Areas,
Coronado National Forest Inventoried Roadless Areas. This Forest
Roadless Area map is also found on the web at http://roadless.fs.fed.us/states/az/coro.pdf.
The proposal includes the
construction of approximately \1/2\ mile of new road in the inventoried
roadless area, and reconstruction (widening) of existing access roads
thereby making it subject to regulations at 36 CFR 294.12 and Interim
Directive Forest Service Manual (FSM) 1925 policy. Paragraph (a) of the
regulation prohibits new road construction or reconstruction in
inventoried roadless areas while paragraph (b) provides exceptions to
the prohibition. This proposal conforms to the requirements of
exception (b)(3) in the regulations because the proposed road
construction is needed pursuant to outstanding rights provided by
statute (1872 Mining Law). This proposal also falls under similar
exception language in FSM 1925.04 b (d).
Purpose and Need for Action
The purpose of this proposal is to make locatable mineral material
available to Alpha Calcit Arizona, Limited, as provided by statute. The
statutes authorizing this use of National Forest System lands and
resources include the 1872 Mining Law, as amended, and its implementing
regulations at 36 CFR part 228; the Federal Land Policy and Management
Act of 1976, and Forest Service Policy as described in the Directives
System (Forest Service Manual 2800).
The Forest Service accepted a Final Plan of Operations, as required
by law, regulation and policy, from Alpha Calcit Arizona, Limited, for
proposed mining of limestone, marble, and related products in the
Dragoon Mountains of the Coronado National Forest. This action responds
to the goals and objectives outlined in the Land and Resource
Management Plan for the Coronado National Forest. It also contributes
to meeting the goal of supporting environmentally sound minerals
development and reclamation.
Proposed Action
The Proposed Action is to approve the Plan of Operations submitted
by Alpha Calcit Arizona, Limited, to mine marble in the Tapia-Bliss
claims in the Dragoon Mountain Range of the Coronado National Forest
with mitigations for land and resource protection. The Final Plan of
Operations accepted from Alpha Calcit Arizona, Limited, consists of:
[sbull] Expansion of an existing quarry for the purpose of mining
marble, limestone, and related products from the Escabrosa limestone
formation in the Dragoon Mountain Range of the Coronado National
Forest,
[sbull] Mining 100,000 short tons (approximately 2,000 pounds per
ton) of marble annually for a period of 20 years,
[sbull] Constructing a crushing facility on private land
approximately 2,300 feet north of the center of the quarry area, in the
NE \1/4\ of the NW \1/4\ of Section 33, T.17S., R.23E., (G&SRB&M),
[sbull] Employing blasting and the use of heavy equipment to move
material from the quarry to the processing plant,
[sbull] Accessing the quarry area via County Road to the Forest
boundary, and via Forest Road (FR) 689 from the boundary into the
quarry area, and
[sbull] Constructing a new access road from the southeast end of
the quarry to the top of the exposed face and top bench of the quarry
in the SW \1/4\ of the SE \1/4\ of Section 33, T.17S., R.23E.,
(G&SRB&M).
This alternative includes modifications to mitigate effects.
Mitigations include measures to address waste rock management,
avoidance of significant archeological and historical sites, avoidance
of impacts to resources and places important to tribes with traditional
ties to the area, reclamation and revegetation, utility installation,
protection of endangered, threatened, or sensitive flora or fauna,
consideration of agave plants, water sources, hazardous material
storage, and other best management practices.
Possible Alternatives
Alternative 1--No Action
The No Action Alternative would deny the Plan of Operations
submitted by Alpha Calcit Arizona, Limited, to mine marble in the
Tapia-Bliss claims in the Dragoon Mountain Range of the Coronado
National Forest. Mining operations would not be implemented.
[sbull] The agency does not have discretion to deny statutory
rights to mine locatable minerals subject to the 1872 Mining Law.
[sbull] The agency has discretion to deny the mining of common
variety minerals, but it may be impractical to deny mining of common
variety marble closely associated with locatable marble in the project
area.
Alternative 2--The Proposed Action
Alternative 3
Approve the described Plan of Operations submitted by Alpha Calcit
Arizona, Limited, to mine marble, without the mitigation measures
listed previously.
Responsible Official
The Responsible Official is Harv Forsgren, Regional Forester. His
address is Harv Forsgren, USDA Forest Service, Southwestern Region; 333
Broadway, Southeast; Albuquerque, New Mexico, 87102.
Nature of Decision To Be Made
Based on the results of the environmental analysis, the decision
will address the following:
1. Whether or not the mining proposal would proceed as proposed or
as modified by mitigation measures .
2. If mining activity is allowed, the mitigation measures and
monitoring requirements that would be implemented.
3. Consistency with applicable laws, regulations, policies, and the
Forest Plan.
Scoping Process
The Forest Service will be seeking information, comments and
assistance from Tribal Governments, Federal, State and local agencies,
individuals and organizations that may be interested in, or affected
by, the proposed activities. Written comments will be solicited through
a scoping report mailed to individuals and entities known to be
interested or affected. This report will be mailed in March of 2003.
Information about the proposal will also be available at a public open
house to be held on March 11, 2003 from 3 PM to 8 PM, at the Benson
Public Library, 300 S. Huachuca, Benson, AZ 85602.
Preliminary Issues
Analysis of the proposal, as submitted by the proponent, indicates
that the following preliminary issues should be considered in the
analysis. A final set of issues will be defined following scoping and
consultation.
Heritage Resources
[sbull] Mining and support activities (access, construction of
crushing facilities) may have adverse effects on archaeological and
historical sites.
[sbull] The Dragoon Mountains are important in Chiracahua Apache
history and culture; some Chiricahua Apaches retain traditional ties to
the area. Mining activities may be incompatible with the historical and
cultural associations.
[[Page 3858]]
Public Safety
[sbull] Truck traffic through an adjacent residential area, with
mixed residential and truck traffic on Lizard Lane (access road) may
pose a safety hazard.
[sbull] Mine traffic may conflict with cattle grazing along the
access road.
Flora and Fauna
[sbull] Mining and associated activities may adversely affect
populations or habitat of certain management indicator species.
[sbull] Mining and associated activities may adversely affect
individuals, populations, or habitat of threatened, endangered, or
sensitive species, including the Lesser long-nosed bat or American
peregrine falcon.
Water Quantity and Quality
[sbull] Waters running in or around the mine and along the access
road may adversely affect adjacent landowners and other Forest users.
[sbull] Lack of a water storage or filtration plant may adversely
affect adjacent landowners and other Forest users.
[sbull] Potential dust mitigation (watering) may reduce local water
supplies.
Access
[sbull] Proposed access may not be wide enough to allow haul
vehicles to pass.
[sbull] Traffic conflicts may become acute during hunting season.
[sbull] Resolution of safety issues may result in restrictions on
access by general Forest users.
Visual Quality
[sbull] Appearance of the mine face and roads may be incompatible
with scenic qualities of the landscape.
Air Quality
[sbull] Mining activities (blasting, crushing, or use and
maintenance of access roads) may increase dust.
Comment Requested
This notice of intent initiates the scoping process which guides
the development of the environmental impact statement.
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.
(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21)
Dated: January 13, 2003.
Abel M. Camarena,
Deputy Regional Forester.
[FR Doc. 03-1693 Filed 1-24-03; 8:45 am]
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