[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Notices]
[Pages 20940-20942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9086]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 /
Notices
[[Page 20940]]
DEPARTMENT OF AGRICULTURE
Forest Service
Troy Mine, Incorporated, Troy Mine Revised Reclamation Plan,
Kootenai National Forest, Lincoln County, MT
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The U.S. Department of Agriculture, Forest Service, Kootenai
National Forest (KNF), in conjunction with Montana Department of
Environmental Quality (DEQ), will prepare an environmental impact
statement (EIS) to document the analysis and disclose the environmental
impacts of the proposed action and alternatives to reclaim facilities,
safely close the underground mine, and protect water quality at the
Troy Mine, located in Lincoln County, Montana. The mine is located on
public and private lands approximately 15 miles south of Troy, Montana.
Genesis Incorporated (Genesis), a wholly owned subsidiary of Revett
Silver Company, submitted the Troy Mine Revised Reclamation Plan
(Revised Reclamation Plan or Proposed Action) on February 27, 2006,
pursuant to U.S. Forest Service (USFS) locatable mineral regulations,
36 Code of Federal Regulations (CFR) 228, Subpart A, and the State of
Montana Metal Mine Reclamation Act, 82-4-301 et seq., Montana Codes
Annotated. On December 30, 2010 Genesis Incorporated changed their name
to Troy Mine, Incorporated. A single EIS, evaluating all components of
the proposed reclamation project will be prepared.
DATES: The public involvement process for the Revised Reclamation Plan
began with a press release that was published in area newspapers and
announced on local TV and radio stations on October 11, 2007.
Advertisements were also published in four area newspapers October 21,
2007 through October 25, 2007. The comment period was extended from
October 11, 2007 through December 28, 2007. There is no additional
formal scoping period for this proposed action. The agencies completed
an initial analysis in December 2010. Based on the analysis and
potential water quality issues, the agencies decided to prepare a draft
EIS. The draft EIS is expected to be available for review and public
comment in May 2011. The comment period for the Draft EIS will be 45
days from the date the Environmental Protection Agency publishes the
notice of availability in the Federal Register. The final EIS is
expected to be released in December 2011.
FOR FURTHER INFORMATION CONTACT: Bobbie Lacklen, Project Coordinator,
Kootenai National Forest, 31374 U.S. Hwy 2, Libby, MT 59923. Phone
(406) 283-7681, or e-mail at [email protected], or consult http://www.fs.usda.gov/goto/kootenai/projects. Individuals who use
telecommunication devices for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: The Troy Mine is located about 15 miles
south of Troy, Montana, in Lincoln County. The nearest towns to Troy
are Libby, Montana, located 18 miles to the east and Bonners Ferry,
Idaho, located 33 miles to the west. The Troy Mine is accessible from
Montana Highway 56 and National Forest System Road 4626, both of which
are paved. Approximately 57 percent of the project area is on private
land, and the other 43 percent is on the KNF. The project area lies
within the KNF immediately west and north of Bull Lake and encompasses
a major portion of the Stanley Creek drainage and a portion of the Lake
Creek drainage.
The American Smelting and Refining Company, (ASARCO) permitted the
Troy Mine in 1978 with the USFS and State of Montana as an 8,500 ton-
per-day underground copper/silver mine. The ore is mined using the
``room-and-pillar method.'' The mine permit area covers 2,782 acres of
public and private land. The Troy Mine is comprised of 24 patented
lode-mining claims and 188 unpatented lode-mining claims that are
situated on National Forest System Lands managed by KNF. Patented lode-
mining claims owned by Troy Mine, Inc. were acquired from ASARCO in
September of 1999. The existing facilities at the Troy Mine consist of
an underground mine, surface mill, office facilities; tailings and
reclaim water pipelines; a power line; a tailings impoundment; and
associated support facilities. Production stopped in 1993 and
reinitiated in 2005 and is projected to continue for 3-5 years until
the approved ore body is depleted. Troy Mine Inc. posted a 12.9 million
dollar bond for the project that covers the existing reclamation plan.
The final draft of the Revised Reclamation Plan is the subject of this
environmental impact statement.
Purpose and Need for Action: The purpose of the proposed
reclamation plan is to return lands disturbed by mining to a condition
appropriate for subsequent use of the area. The need for the Revised
Reclamation Plan stems from several objectives that need to be met
after closure:
The approved (1978) reclamation plan does not meet State
or Federal requirements for mine adit water discharge;
Protection of surface and groundwater quality;
Protection of public health and safety;
Minimization of environmental risk; and Restoration of
productive land use.
Proposed Action: The Revised Reclamation Plan, which is the
Proposed Action, was submitted to the agencies in March 2006. Troy
Mine, Inc. proposes to reclaim lands disturbed by mining activities
with the following reclamation elements:
Removal of buildings, structures, and selected roads;
Non-hydraulic plugging (backfilling) of the adits and
recontouring the slope of the South Portal patio;
Limited regrading of slopes and benches to fit with the
surrounding natural environment;
Revegetation of most of the disturbed areas;
Mine water disposal to the tailings impoundment decant
ponds by using the existing tailings pipelines and reclaim water line
until the water meets water quality standards; and
[[Page 20941]]
Monitoring of surface water bodies and tailings embankment
stability.
Under the Proposed Action, the proposed reclamation would be
accomplished in three phases: Pre-closure, closure, and post-closure.
Pre-closure tasks include on-going monitoring, testing, and evaluations
necessary to complete design of reclamation elements that include a
short-term water management plan and engineering design of the adit.
Closure tasks would take place two years after final cessation of
mining and would include facility removal, regrading, revegetation, and
maintenance of short-term components of the water management plan. Adit
plugs would be installed during the closure period. Post-closure tasks
would include long-term management of mine water flowing through
pipelines, maintenance of pipelines and monitoring of water quality and
surface/groundwater. Under the Proposed Action, the post-closure phase
is estimated to last two to five years after mining ends, but post-
closure water management facilities would be maintained until mine
water meets water quality standards.
No Action Alternative: The No Action Alternative consists of the
1978 Reclamation Plan and includes the reclamation activities that have
already been completed at the existing Troy Mine site. This reclamation
plan was first analyzed and approved by the agencies in 1978.
Agency-Mitigated Alternative: The Agency-Mitigated Alternative is
based upon the Proposed Action, but includes additional mitigation
measures and monitoring requirements that address major issues
identified during the earlier scoping and review process. The Agency-
Mitigated Alternative includes the following major modifications to the
Proposed Action:
Hydraulic plugs would not be used at the Service and
Conveyor adits. Concrete structures would be constructed to capture
mine water and route it to the tailings impoundment for long-term
passive treatment and disposal.
A new water pipeline would be built to transport water
from the mine to the decant ponds rather than using the 30+ year-old
tailings lines.
Additional monitoring of seeps and springs would be
required to verify that State of Montana water quality standards were
met.
Lead and Cooperating Agencies: The U.S. Department of Agriculture,
Forest Service, Kootenai National Forest, and the Montana Department of
Environmental Quality are joint lead agencies for preparing this
environmental impact statement.
Issues: Issues were identified during the scoping and review from
interdisciplinary specialists. The key issues identified primarily
relate to adit closure, mine water distribution, mine water treatment
and disposal, longevity and success of copper attenuation mechanisms,
disposition of building materials, subsidence, and the source of
reclamation materials.
Nature of Decision To Be Made: The nature of the decisions to be
made is to select an action that meets the legal rights of the
proponent, while protecting the environment in compliance with
applicable laws, regulations, and policies. The Forest Supervisor will
use the EIS process to develop the necessary information to make an
informed decision as required by 36 CFR 228 subpart A. The Director of
DEQ will use the EIS process in a similar fashion to make informed
decisions on a number of State permits and permit modifications
according to State laws and regulations. Based on the analysis and
alternatives developed in the EIS, the following decisions are
possible:
(1) Approval of the Troy Mine Revised Reclamation Plan as
submitted;
(2) Approval of the Troy Mine Revised Reclamation Plan modified by
the incorporation of agency mitigations and stipulations to meet the
mandates of applicable laws, regulations, and policies;
(3) Approval of an Agency-Mitigated Alternative developed during
the analysis process; or
(4) Approval of the No Action Alternative or rather denial of the
Proposed Action such that reclamation would follow the existing
approved plan and details contained in the approved reclamation bond
calculations and specifications.
Permits or Licenses Required and Disposition: Various permits and
licenses have been in effect during mine operations and may need to be
modified. In some cases, new permits or licenses would be needed prior
to implementation of the Revised Reclamation Plan. The major permits or
licenses required or needing modification for this Proposed Action and
the issuing agencies are:
A Revised Reclamation Plan modifying the approved Troy
Mine Plan of Operations and State Operating Permit 00093
approved by the KNF, and DEQ.
A revised Storm Water Permit and a new Montana Pollution
Discharge Elimination System (MPDES) Permit from DEQ.
A 310 Permit from the Montana Department of Fish, Wildlife
and Parks and Lincoln County Conservation District.
Draft Environmental Impact Statement: A draft EIS will be prepared
for comment. The comment period on the draft EIS ends 45 days from the
date the Environmental Protection Agency publishes the notice of
availability in the Federal Register. The USFS 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 a draft EIS 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 EIS stage but that are not raised until after completion of the
final EIS 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
USFS and DEQ at a time when the agencies can meaningfully consider and
respond to them in the final EIS. To assist the USFS and DEQ in
identifying and considering issues and concerns on the Proposed Action,
comments on the draft EIS should be as specific as possible. It is also
helpful if comments refer to specific pages or chapters of the draft
EIS. Comments may also address the adequacy of the draft EIS or the
merits of the alternatives formulated and discussed in the draft EIS.
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.
Responsible Officials: Paul Bradford, Forest Supervisor, Kootenai
National Forest, 31374 U.S. Hwy 2, Libby, MT 59923 and Richard Opper,
Director,
[[Page 20942]]
Montana Department of Environmental Quality, Director's Office, 1520 E
6th Ave., Helena, MT 59620-9601, will be jointly responsible for the
EIS. These two officials will make decisions regarding this proposal
after considering comments and responses pertaining to environmental
consequences discussed in the final EIS and all applicable laws,
regulations, and policies. The decisions of a selected alternative,
permits, licenses, approvals, and rationale will be documented in a
joint Record of Decisions.
Dated: April 7, 2011.
Maggie Pittman,
Acting Forest Supervisor, Kootenai National Forest.
[FR Doc. 2011-9086 Filed 4-13-11; 8:45 am]
BILLING CODE 3410-11-P