[Federal Register: August 27, 2003 (Volume 68, Number 166)]
[Notices]
[Page 51591-51592]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au03-99]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Final Preassessment Screen for the Chino and Tyrone Mines, Grant
County, New Mexico and the Morenci Mine, Graham County, Arizona
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: The Department of the Interior, through the U.S. Fish and
Wildlife Service, has conducted a preliminary screen of existing data
and literature pertaining to injuries to natural resources from
releases of hazardous chemicals from three large open-pit copper mines
in southwestern New Mexico and southeastern Arizona (the Phelps Dodge
Chino, Tyrone, and Morenci mines). Information available to the
Department has resulted in a determination that there is a reasonable
probability of making a successful claim for natural resource injuries.
This determination, pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act, (42 U.S.C. 9607, and
Departmental regulations found at 43 CFR part 11), is
[[Page 51592]]
memorialized in the document entitled ``Final Preassessement Screen for
the Chino, Tyrone, and Morenci Mine Sites, Grant County, New Mexico and
Graham County, Arizona.''
DATES: Documents and other information submitted with the
determinations are available for review, subject to the requirements of
the Privacy Act and Freedom of Information Act, by any party who
submits a written request for a copy of such documents by October 14,
2003.
ADDRESSES: Copies of the preassessment screen are available on the
Internet at http://ifw2es.fws.gov/library, or may be requested from the
Service at U.S. Fish and Wildlife Service, 2105 Osuna, NE, Albuquerque,
New Mexico 87113, (505) 346-2525 or U.S. Fish and Wildlife Service,
P.O. Box 1306, Room 4102, Albuquerque, New Mexico 87103, (505) 248-
6648.
FOR FURTHER INFORMATION CONTACT: Karen Cathey, U.S. Fish and Wildlife
Service, Ecological Services, Division of Habitat Conservation/
Environmental Contaminants, P.O. Box 1306, Room 4102, Albuquerque, New
Mexico 87103, (505) 248-6648.
SUPPLEMENTARY INFORMATION:
Background
Among the mines within a 500 mi2 region of Southwestern
New Mexico and Southeastern Arizona (Gila Region), the Phelps Dodge
Corporation Chino, Tyrone, and Morenci open-pit copper mines are among
the largest. Several ephemeral streams have been impacted by downstream
releases, and portions of the Gila and San Francisco Rivers and their
tributaries (bordered by the Gila and Apache National Forests) have
been affected by high concentration metal pulses. Four species listed
under the Endangered Species Act (spikedace, loach minnow, southwestern
willow flycatcher, and Chiricahua leopard frog) frequent the affected
areas, and resources under the management of the Bureau of Indian
Affairs and Bureau of Land Management may have been impacted.
In September and October 2000, numerous dead birds were discovered
at the Phelps Dodge Chino and Tyrone Mines in New Mexico, and the
Morenci Mine in Arizona. The discovery of these dead birds (with a
strong causal link to death by acid and metal poisoning), and the
completion of an ecological risk assessment at an area impacted by
historical copper smelter emissions (with direct evidence of injury to
Department of the Interior trust resources), requires that the
Department move forward with assessment of further injuries
immediately. The Department has contacted the parties potentially
responsible for releases of hazardous materials and invited them to
participate in the assessment of injuries. Should evaluation of data
indicate further extensive assessment studies are necessary, an
assessment plan will be published and public comments solicited.
The preassessment screen indicates there are multiple methods that
could be used in the of valuation of damages, including one method
called ``contingent valuation.'' While this method is evaluated in the
document, it is not likely that the Department would use the contingent
valuation method because it depends heavily on subjective opinions in
its analysis. More likely, once extent of injuries are determined, the
Department would use one of the other methods of damage determination:
Examples of such restoration project(s) would be where the responsible
party conducts the implementation of the restoration project with
Trustee oversight and no determination of specific monetary damages are
made, or where the Trustees perform restoration projects funded by
responsible parties.
Bryan Arroyo,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico,
Authorized Official, Department of the Interior.
[FR Doc. 03-21866 Filed 8-26-03; 8:45 am]
BILLING CODE 4510-55-P