[Federal Register Volume 59, Number 62 (Thursday, March 31, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-7589] [[Page Unknown]] [Federal Register: March 31, 1994] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service Santa Fe National Forest, Sandoval County, NM; El Cajete Pumice Mining AGENCY: Forest Service, USDA. ACTION: Notice of Intent to prepare an Environmental Impact Statement. ----------------------------------------------------------------------- SUMMARY: The Santa Fe National Forest will prepare an Environmental Impact Statement (EIS) on a proposal to mine pumice on National Forest System land. DATES: Comments in response to this NOI concerning the proposal or scope of the analysis should be received within 2 weeks of publication of this NOI in the Federal Register. Comments on the Draft EIS, planned for release in the summer of 1994, will be received during a 45-day comment period, prior to making a decision on the proposal. ADDRESSES: Send written comments to John Peterson, Jemez District Ranger, POB 98, Jemex Springs, NM 87025. FOR FURTHER INFORMATION CONTACT: Bob Crostic, Project Coordinator, Jemez Ranger District, POB 98, Jemez Springs, NM 87025. RESPONSIBLE OFFICIAL: Alan S. Defler, Forest Supervisor, Santa Fe National Forest. SUPPLEMENTARY INFORMATION: Copar Pumice Company of Espanola, New Mexico, has submitted a proposed Plan of Operations under 36 CFR part 228(A) to surface mine one million tons of pumice on mining claims over a 10 year period beginning in the fall of 1994. The proposed 135 acre El Cajete Pumice Mine will be located within the Jemez National Recreation Area of the Santa Fe National Forest in T.18 N., R.3 E., Section 1 and T.18 N., R.4 E., Section 3, N.M.P.M. The proposed mine would involve the removal and sale of forest trees and vegetation, stripping and stockpiling of topsoil and overburden, removing pumice and then reclaiming the land. A screening plant would be used to sort out the common variety pumice for use in reclamation of the mined area. Large each moving equipment would be used to mine and reclaim the site. Semi-trucks would haul the pumice on State Road 4 to Copar's mills in San Ysidro, Cuyamungue and Espanola, New Mexico. As mining progresses, wasted overburden and common variety pumice would be used to backfill and recontour the mined area. Topsoil would be replaced over the reclaimed area and grass and conifer seedlings would be planted to restore, to the extent practicable, the site's pre-mining conditions. Copar's proposed Plan of Operation will be considered along with other mining alternatives with various stipulations, and a ``no action'' alternative. All alternatives will be in compliance with the Forest Plan, Jemez National Recreation Area legislation and all applicable environmental laws and policies. Public participation will be fully incorporated into preparation of the EIS. Preliminary scoping for the proposal began in April 1992 when the landowners in the Vallecitos de los Indios and Sierra Los Pinos subdivisions petitioned the Chief of the Forest Service to withdraw the landowners watershed area from mining. A petition with 172 signatures of landowners was presented. A meeting was also held with landowner representatives October 20, 1992. On October 30, 1992 nearly 300 residents, individuals, groups and government agencies were contacted by letter requesting their concerns and notifying them of a scheduled field trip. About 36 people provided written responses and 34 people attended a November 7, 1993 field trip. Thus far, scoping for public concerns has resulted in the following preliminary issues: What will be the effects of the proposed mining operation on: Mineral rights?; Dust production related to air quality?; Noise?' Surface water and ground water?; Wetlands, Canada Bonito Spring and Intermittent streams?; Public safety?; Excessive wear and tear of Highway 4 and impacts to other highway users?; Residential property values?; Deforestation and soil erosion?; Heritage resources such as Native American traditional uses?; Recreation opportunities and experiences, and Jemez National Recreation Area values?; Visual quality such as scenery viewed from Trail 137 and Highway 4?; Wildlife and plant habitat including threatened and endangered species?; Root rot experiment area and the long-term research?; The economy? The 45-day comment period on the Draft EIS will begin when the Notice of Availability appears in the Federal Register. A Record of Decision will be prepared and filed with the Final EIS. 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 EIS stage may be waived if not raised until after completion of the Final EIS (City of Angoon v. Hodel, 803 F.2d 1016, 1022, 9th Cir. 1988 and Wisconsin Heritages, Inc. v. Harris,, 490 F. Supp. 1334, 1338, E.D. Wis. 1980). The reason for this is to ensure 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 EIS. Dated: March 1, 1994. Alan S. Defler, Forest Supervisor, Santa Fe National Forest. [FR Doc. 94-7589 Filed 3-30-94; 8:45 am] BILLING CODE 3410-11-M