[Federal Register: February 8, 1999 (Volume 64, Number 25)] [Notices] [Page 6112-6113] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr08fe99-124] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management [UT-060-09-3800-00, UTU-72499] Notice of Final Decision; Lisbon Valley Copper Project, San Juan County, UT AGENCY: Bureau of Land Management, Department of the Interior. ACTION: Notice of final decision prepared for Summo USA Corporations's Lisbon Valley Open Pit Copper Mine in San Juan County, Utah. ----------------------------------------------------------------------- SUMMARY: Interior Board of Land Appeals (Board) decision dated September 23, 1998 (National Wildlife Federation, et. al., 145 IBLA 348), affirmed in part the Bureau of Land Management's (BLM) Record of Decision (ROD) of March 26, 1997, approving the Lisbon Valley Copper Project, but set aside and remanded in part a section of that decision dealing with analysis of a backfill alternative for that project. In that decision, the Board concluded that the record did not support BLM's rejection of the Open Pit Backfilling [[Page 6113]] Alternative in the ROD based on concerns for impacts on water quality from acid generating material. The Board further recognized that while concerns regarding impacts from alkaline conditions may be legitimate, those concerns were not sufficiently stated in the ROD or the Final Environmental Impact Statement (FEIS) so as to serve as the principal basis for complete rejection of the alternative (145 IBLA at 374). The Board remanded that portion of the ROD and directed BLM to reconsider the backfill alternative. The BLM has conducted the analysis directed by the Board, summarized in a memorandum dated January 25, 1999, from the Moab Field Office to the Utah State Director. While the FEIS and ROD contained analyses of multiple complex geochemical and geohydrologic technical issues, the re-analysis of data summarized in this memorandum confirmed BLM's concerns expressed in the FEIS and ROD that potential alkaline conditions in the post-mining pit lakes could mobilize and transport metal oxyanions from mine waste material utilized as pit backfill material into underlying groundwater at the mine site. The data indicates that such mobilization and transport has a significant likelihood of adversely impacting groundwater quality and violating acceptable water quality standards. As reflected in the FEIS and ROD, the BLM retains the authority to further analyze backfilling if the results of required life-of-the-mine waste rock sampling and hydrologic testing reveals additional adverse impacts not foreseen or predicted in the EIS, and/or indicates that the potential impact of metal oxyanion mobilization and transport associated with backfilling is overestimated. Any additional consideration of backfilling, and potential changes in environmental consequences resulting from such action, would be subject to additional analysis under provisions of the National Environmental Policy Act. Based on the re-analysis of data as directed by IBLA and the conclusion that BLM's rationale for rejecting the backfill alternative was sound and reasoned, BLM has determined that no modifications or changes are required in the ROD. Furthermore, since none of the data or additional analyses performed to date identify environmental impacts not previously identified in the FEIS, no additional analysis is warranted under provisions of the National Environmental Policy Act. This Notice of Final Decision is BLM's final decision regarding the approval of the Lisbon Valley Copper Project pursuant to direction given by the Board in its September 23, 1998, decision, to reconsider the Backfill Alternative. The Moab Field Office memorandum of January 25, 1999, is available at the Moab Field Office of the BLM at 82 East Dogwood, Moab, Utah 84532, (435-259-6111). DATES: Parties adversely affected by this Notice of Final Decision have until March 10, 1999, to file a Notice of Appeal (43 CFR 4.411 and 4.413). The decision to approve the mining operation in relation to the original decision regarding rejection of the Open Pit Backfill Alternative is in full force and effect, effective on the date of this publication of the Notice of Availability of the Record of Decision (43 CFR 3809.4(f). A petition for a stay of the decision may be filed in accordance with the above cited regulations. ADDRESSES: A Notice of Appeal should be addressed to: Bill Lamb, Utah State Director, Bureau of Land Management, PO Box 45155, 324 South State Street, Room 301, Salt Lake City, Utah, 84111. FOR FURTHER INFORMATION CONTACT: Lynn Jackson, Project Coordinator, Moab Field Office, Bureau of Land Management, 82 East Dogwood Avenue, Moab, Utah, 84532, (435) 259-6111. Dated: February 1, 1999. Brad Palmer, Associate Moab Field Office Manager, Bureau of Land Management. [FR Doc. 99-2856 Filed 2-5-99; 8:45 am] BILLING CODE 4310-DQ-P