[Federal Register Volume 59, Number 208 (Friday, October 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26710]


[Federal Register: October 28, 1994]


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DEPARTMENT OF AGRICULTURE

Forest Service

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[AZ-020-05-7122-00-5499-24-1A]


Intent To Prepare an Environmental Impact Statement (EIS)

AGENCIES: Bureau of Land Management, Phoenix District, United States 
Department of the Interior, and Forest Service, Tonto National Forest, 
United States Department of Agriculture.

ACTION: Notice of Intent to Prepare an EIS; Cyprus Miami Mining 
Corporation, Claypool, AZ; Proposed Leach Facilities Expansion Project.

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SUMMARY: The Bureau of Land Management (BLM), Phoenix District Office, 
and the U.S. Forest Service (USFS), Tonto National Forest, are 
preparing a joint Environmental Impact Statement (EIS) for proposed 
expansion of mine facilities of Cyprus Miami Mining Corporation (CMMC). 
The mine is located near the Towns of Globe and Miami, in Gila County, 
Arizona. CMMC has submitted a proposed Operating Plan (to be processed 
by BLM as a Mining Plan of Operations (MPO) and by USFS as a Plan of 
Operations (POO). The plan proposes to expand the facilities at the 
existing mine and has been filed with the BLM and the USFS, as required 
under the Code of Federal Regulations (CFR) and Title V of the Federal 
Land Policy and Management Act (FLPMA) of 1976. The BLM and USFS have 
responsibility for analysis, review, and approval of the mining plan. 
Preparation of the EIS will follow the National Environmental Policy 
Act (NEPA) and Code of Federal Regulations, title 40, subpart 1500.
    The new MPO/POO proposes construction of three new leach facility 
areas referred to as: (1) The Oxhide leach facility, (2) the BL leach 
facility, and (3) the GMC leach facility, together with the required 
ancillary facilities. The leach facility areas will be used for the 
purpose of placement and subsequent leaching of copper-bearing ore 
mined from reserves located entirely on lands owned by CMMC. The leach 
facilities will be constructed partially on federal lands managed by 
the USFS and the BLM, and partially on lands solely owned by CMMC (see 
acreages in ``Supplementary Information Section'' below). Ore placed on 
the leach pads will be treated with sulfuric acid leach solution. 
Copper bearing leach solutions captured from leach pads will be 
processed into high quality cathode copper in existing solvent 
extraction and electrowinning plants. In addition, an overburden 
deposition area (called Barney Overburden Site, or Barney OB) is 
planned. The overburden deposition area will be constructed to 
accommodate uneconomic material removed from the active mining 
operation. With the proposed expansion it is anticipated that the 
Oxhide, BL and GMC leach facilities and Barney OB will operate for the 
life of the mining operations, which is estimated to be 16 to 20 years.

DATES: The public is invited to participate in the NEPA process 
beginning with scoping and the identification of issues in November, 
1994. Public Scoping Meetings to identify issues will be held as 
follows:

Wednesday, November 16, 1994--7:00-9:00 pm

Miami Arizona High School Cafeteria, Highway 60 & Ragus Road, Claypool, 
AZ 85532.

Thursday, November 17, 1994--7:00-9:00 pm

Mesa Community & Conference Center, 201 Center St., Pomeroy Room, Mesa, 
AZ 85211.

    Written comments relating to the identification of issues should be 
received by December 17, 1994.

ADDRESSES/FOR FURTHER INFORMATION CONTACT: Send written comments to one 
of the following addresses:
    BLM: Mary Johnson, Joint Project Manager, Bureau of Land 
Management, Phoenix District Office, 2015 West Deer Valley Road, 
Phoenix, Arizona 85027 (Phone: (602)780-8090).
    Forest Service: Paul Stewart, Joint Project Manager, Tonto National 
Forest, 2324 E. McDowell Rd., Phoenix, AZ 85006 (Phone: (602) 225-
5200).

RESPONSIBLE OFFICIALS: The responsible officials for the agencies are 
Mr. Charles R. Bazan, Forest Supervisor, Tonto National Forest, and Mr. 
Gordon Cheniae, District Manager, BLM Phoenix District. They may be 
reached at the above addresses and phone numbers. A separate record of 
decision will be signed by the responsible official from each agency.

SUPPLEMENTARY INFORMATION: CMMC owns and operates a large open-pit mine 
and leach operation in the Globe-Miami mining district. The CMMC 
complex in Miami also includes a smelter and a rod plant. Approximately 
950 people are employed at the Cyprus Miami facility. Additional 
surface area is needed for leach pads and associated facilities to 
ensure the continued and uninterrupted production of high quality 
copper cathodes. The mine is located near the Towns of Globe and Miami, 
Arizona about 65 miles east of Phoenix on State Highway 60.
    Planned activities would take place on a combination of public and 
private surface and mineral lands. The public lands include lands 
managed both by the Tonto National Forest and BLM Phoenix District. 
Total new disturbance for the Oxhide pad would be 386 acres (with 329 
acres managed by USFS and 5 acres managed by BLM). Total new 
disturbance for the BL pad would be 470 acres (with 184 acres managed 
by BLM and 203 acres managed by USFS). Total new disturbance for the 
GMC pad would be 236 acres (114 acres managed by BLM). Total new 
disturbance for the Barney OB site would be 216 acres (52 acres managed 
by BLM and 32 acres managed by USFS). Two stormwater impoundments would 
be created upstream of the BL pad site in Little Pinto Canyon and 
Webster Gulch. Total acres of private and public disturbance for all 
facilities would be 1,308 acres. Total acres of public land disturbed 
by all sites would be 919 acres (564 acres managed by USFS and 355 
acres managed by BLM).
    Potential issues may include but may not be limited to surface and 
groundwater quality, socioeconomics, air quality, cultural resources, 
biological resources, visual resources, riparian areas, and mine 
reclamation. The following permits or licenses may be required to 
implement the proposed action:
    Arizona Aquifer Protection Permit (APP) from Arizona Department of 
Environmental Quality (ADEQ).
    Section 404 of the Clean Water Act permit from the U.S. Army Corps 
of Engineers (COE) and Section 401 certification from ADEQ.
    Modifications to the National Pollutant Discharge Elimination 
System (NPDES) Permit under Section 402 of the Clean Water Act from 
ADEQ and the Environmental Protection Agency (EPA).
    Dam Safety Permit from Arizona Department of Water Resources.
    Well installation permits from Arizona Department of Water 
Resources.
    Approval of modifications to the Air Quality Permit to Operate from 
ADEQ.
    Approved modifications to the Stormwater Discharge Permit from EPA.
    The Environmental Impact Statement (EIS) will be developed by a 
third party contractor who has been approved by the BLM and USFS. The 
contractor will use an interdisciplinary team to develop the document. 
The BLM and USFS will have the joint responsibility for the content of 
the EIS. The comment period for the draft EIS is anticipated to be in 
the summer of 1995. The comment period for the final EIS is anticipated 
to be the winter of 1995.
    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 EIS must 
structure their participation in their 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. NRDS, 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 (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 comment period so that 
substantive comments and objections are made available to the agencies 
at a time when it can meaningfully consider them and respond to them in 
the EIS.
    To assist the USFS and BLM in identifying and considering issues 
and concerns on the proposed action, comments on the proposed project 
should be as specific as possible. Comments may address issues and 
concerns or the potential alternatives to be considered in the 
statement. Reviewers may wish to refer to the Council on Environmental 
Quality regulations for implementing the procedural provisions of NEPA 
at 40 CFR 1503.3 in addressing these points.
    Complete records of all phases of the environmental documentation 
process will be available for public review at the BLM, Phoenix 
District Office, and at the Tonto National Forest Supervisor's Office 
(same as addresses noted above).

    Dated: October 24, 1994.
Paul J. Buff,
Acting District Manager.
    Dated: October 24, 1994.
Gordon L. Cates,
Acting Forest Supervisor.
[FR Doc. 94-26710 Filed 10-27-94; 8:45 am]
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