82_FR_61781 82 FR 61533 - Kootenai National Forest, Lincoln County, Montana Montanore Project

82 FR 61533 - Kootenai National Forest, Lincoln County, Montana Montanore Project

DEPARTMENT OF AGRICULTURE
Forest Service

Federal Register Volume 82, Issue 248 (December 28, 2017)

Page Range61533-61534
FR Document2017-28060

The Kootenai National Forest (KNF) will prepare a Supplemental Environmental Impact Statement (SEIS) on a proposed federal action, which is approval of a Plan of Operations for the Evaluation Phase of the Montanore Project (Project) The Project is a proposed underground copper and silver mine located about 18 miles south of Libby, near the Cabinet Mountains within the Libby Ranger District, Kootenai National Forest, Lincoln County, Montana. The Montanore Project is proposed by Montanore Minerals Corp. (MMC), a subsidiary of Hecla Mining Co.

Federal Register, Volume 82 Issue 248 (Thursday, December 28, 2017)
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61533-61534]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28060]


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DEPARTMENT OF AGRICULTURE

Forest Service


Kootenai National Forest, Lincoln County, Montana Montanore 
Project

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a supplemental environmental impact 
statement.

-----------------------------------------------------------------------

SUMMARY: The Kootenai National Forest (KNF) will prepare a Supplemental 
Environmental Impact Statement (SEIS) on a proposed federal action, 
which is approval of a Plan of Operations for the Evaluation Phase of 
the Montanore Project (Project) The Project is a proposed underground 
copper and silver mine located about 18 miles south of Libby, near the 
Cabinet Mountains within the Libby Ranger District, Kootenai National 
Forest, Lincoln County, Montana. The Montanore Project is proposed by 
Montanore Minerals Corp. (MMC), a subsidiary of Hecla Mining Co.

DATES: Scoping is not required for an SEIS (40 CFR 1502.9(c)(4)). The 
Forest Service is not inviting comments at this time. The draft SEIS is 
expected to be available for public review and comment in the first 
quarter of 2018 and the final SEIS is expected to be issued in the 
second quarter of 2018. The comment period for the draft SEIS will be 
for 45 days from the date the Environmental Protection Agency publishes 
the notice of availability in the Federal Register.

ADDRESSES: Kootenai National Forest, 31374 U.S. Highway 2, Libby, MT 
59923.

FOR FURTHER INFORMATION CONTACT: Lynn Hagarty, Project Coordinator, 
Kootenai National Forest, Supervisor's Office, 31374 U.S. Highway 2, 
Libby, MT 59923-3022. Inquiries can be made by phone at (406) 293-6211 
or via email at [email protected].

[[Page 61534]]


SUPPLEMENTARY INFORMATION: This SEIS and related proposed federal 
action, which is the approval of a Plan of Operations for the 
Evaluation Phase of the Montanore Project, is being completed 
consistent with the Organic Administration Act, the Locatable Minerals 
Regulations (36 CFR 228 Subpart A), and the Multiple Use Mining Act. 
The KNF issued a Joint Final Environmental Impact Statement (JFEIS) in 
December 2015 and a Record of Decision (ROD) in February 2016. The 
Montana Department of Environmental Quality (DEQ) also issued a ROD in 
February 2016 that provided the State's approval of the Evaluation 
Phase of the project. In a U.S. District Court opinion issued on May 
30, 2017 in a consolidated case (Save Our Cabinets v. U.S. Dep't of 
Agric., No. CV-16-53-M-DWM and Libby Placer Mining Co. v. U.S. Forest 
Serv., No. CV 16-56-M-DWM), the U.S. District Court ruled that the 
Forest Service violated, in various respects, the Clean Water Act, the 
Organic Administration Act, the National Forest Management Act, and the 
National Environmental Policy Act by approving the Montanore Project. 
In a separate opinion in Save Our Cabinets v. U.S. Fish & Wildlife 
Serv. (No. CV 15-69-M-DWM) issued concurrently with the first, the 
Court ruled that the U.S. Fish and Wildlife Service violated the 
Endangered Species Act (ESA) because the No Jeopardy conclusions 
regarding bull trout and grizzly bears were flawed and that the Forest 
Service violated the ESA by relying on the flawed Biological Opinions. 
The Court vacated the Forest Service decision approving the project and 
remanded the 2016 ROD and JFEIS back to the Forest Service for further 
action, ``either through issuing a new Record of Decision that approves 
only the Evaluation Phase or one that again addresses the entire 
project.'' Furthermore, the Court stated that the primary problem with 
the 2016 ROD was that it approved the entire project, not just the 
Evaluation Phase. The Court also remanded to the U.S. Fish and Wildlife 
Service its 2014 Biological Opinions. The SEIS will describe the 
activities that would occur during the Evaluation Phase of the 
Montanore Project, clarify what effects would occur as a result of 
those activities, and update resource analyses if there are significant 
new circumstances or information relevant to environmental concerns and 
bearing on the Evaluation Phase or its impacts in order to ensure a 
complete analysis of the environmental effects of the proposed federal 
action.
    Following is a brief summary of the Evaluation Phase of the 
Montanore Project, as it would occur under Alternative 3 selected by 
the KNF in its 2016 ROD. Detailed descriptions of the alternatives 
studied in detail are provided in the Joint FEIS and ROD, which can be 
can be viewed or downloaded from the following website: https://www.fs.usda.gov/projects/kootenai/landmanagement/projects.

Evaluation Phase

    The purposes of the Evaluation Phase would be to: (1) Expand the 
knowledge of the mineralized zones of the deposit; (2) assess and 
define the mineralized zone within established valid existing rights; 
and (3) collect, provide, and analyze additional geotechnical, 
hydrological, and other information necessary for preparation of a mine 
plan for subsequent phases. An updated mine Plan of Operations would be 
required should MMC decide, based on the assessment of the orebody and 
other information collected during the Evaluation Phase, to pursue 
subsequent phases of the project. Information collected during the 
Evaluation Phase would be used to confirm and update the analysis for 
subsequent phases that was provided in the JFEIS, should the KNF 
receive an updated mine Plan of Operations for subsequent project 
phases.
    The Evaluation Phase is anticipated to last 18 to 24 months. MMC 
would dewater the full extent of the existing Libby Adit and develop an 
additional 10,500 feet of drifts and 35 drill stations above the 
currently defined ore zones. MMC would drill ahead of the drifts and 
keep all drill stations 300 feet from the Rock Lake Fault and 1,000 
feet from Rock Lake. The drill core would be used to support resource 
modeling, mine planning, metallurgical testing, preliminary hydrology 
assessment, and rock mechanic studies for the full Montanore Project. 
An estimated 287,000 tons (140,000 cubic yards) of waste rock would be 
generated and stored on private land at the Libby Adit Site. The waste 
rock storage areas would be lined to collect runoff from the area and 
seepage through the waste rock.
    Water from the Libby Adit and from the waste rock storage area 
would be treated before discharging to MPDES-permitted outfalls. The 
MPDES permit MT0030279, which the DEQ issued in 2017, sets effluent 
limits and establishes monitoring for wastewater discharges from the 
Libby Adit Water Treatment Plant. Treated water would be discharged to 
a percolation pond located at the Libby Adit Site.
    MMC would use Tier 4 generators, if available, or Tier 3 generators 
for all Evaluation Phase activities and would be subject to the limits, 
emission controls, and mitigations required by its Air Quality Permit 
(MAQP #3788-00). MMC would also use Tier 4 engines, if available, or 
Tier 3 engines on underground mobile equipment and use ultra-low sulfur 
diesel fuel in generator and underground mobile equipment engines 
during the Evaluation Phase.
    In addition to underground activities, MMC would conduct field 
studies on National Forest System lands between Poorman and Little 
Cherry Creeks. The field studies would include a site reconnaissance 
and a drilling and sampling program to evaluate site geology, 
groundwater conditions and water quality. Surface disturbances would be 
reclaimed.
    If MMC does not pursue subsequent phases of the project or if those 
phases are not approved by the Forest Service, MMC would install a 
concrete-reinforced hydraulic plug in the adit, reconstruct the 
original adit plug, remove all surface facilities, and regrade and 
revegetate the disturbed areas. Monitoring that would occur during the 
Evaluation Phase is described in Appendix C of the JFEIS.

Lead and Cooperating Agencies

    The USDA Forest Service is the Lead Agency for this project. Other 
agencies may become a Cooperating Agency as the SEIS progresses.

Responsible Official

    Christopher Savage, Forest Supervisor Kootenai National Forest, 
31374 U.S. Highway 2, Libby, MT 59923 is the Responsible Official for 
the Montanore Project.

    Dated: December 8, 2017.
Chris French,
Associate Deputy Chief, National Forest System.
[FR Doc. 2017-28060 Filed 12-27-17; 8:45 am]
 BILLING CODE 3411-15-P



                                                                                                                                                                                                                             61533

                                                Notices                                                                                                                               Federal Register
                                                                                                                                                                                      Vol. 82, No. 248

                                                                                                                                                                                      Thursday, December 28, 2017



                                                This section of the FEDERAL REGISTER                                under the United States Grain Standards                           for designation to provide official
                                                contains documents other than rules or                              Act (USGSA), as amended. The                                      services in the geographic areas
                                                proposed rules that are applicable to the                           realignment of offices within the U.S.                            presently serviced by Kankakee, State
                                                public. Notices of hearings and investigations,                     Department of Agriculture authorized                              Grain, Alabama, and Washington.
                                                committee meetings, agency decisions and                            by the Secretary’s Memorandum dated                               Applications were due by August 2,
                                                rulings, delegations of authority, filing of
                                                petitions and applications and agency
                                                                                                                    November 14, 2017, eliminates the                                 2017.
                                                statements of organization and functions are                        Grain Inspection, Packers and                                        Because the current official agencies,
                                                examples of documents appearing in this                             Stockyards Administration (GIPSA) as a                            Kankakee, State Grain, Alabama, and
                                                section.                                                            standalone agency. The grain inspection                           Washington, were the only applicants
                                                                                                                    activities formerly part of GIPSA are                             for designation to provide official
                                                                                                                    now organized under the Agricultural                              services in these areas, GIPSA did not
                                                DEPARTMENT OF AGRICULTURE                                           Marketing Service (AMS).                                          ask for additional comments.
                                                                                                                    DATES: Applicable Date: January 1,                                   GIPSA evaluated the designation
                                                Agricultural Marketing Service (AMS)                                2018.                                                             criteria in section 7(f) of the USGSA
                                                                                                                                                                                      (7 U.S.C. 79(f)) and determined that
                                                Designation for the Essex, Illinois;                                ADDRESSES:  Jacob Thein, Compliance                               Kankakee, State Grain, Alabama, and
                                                Savage, Minnesota; Alabama; and                                     Officer, USDA, AMS, FGIS, QACD,                                   Washington are qualified to provide
                                                Washington Areas                                                    10383 North Ambassador Drive, Kansas                              official services in the geographic areas
                                                                                                                    City, MO 64153                                                    specified in the Federal Register on July
                                                AGENCY: Agricultural Marketing Service,
                                                USDA.                                                               FOR FURTHER INFORMATION CONTACT:                                  3, 2017. These designations to provide
                                                                                                                    Jacob Thein, 816–866–2223,                                        official services in the specified areas of
                                                ACTION: Notice of designation.
                                                                                                                    Jacob.D.Thein@usda.gov or                                         Kankakee, Alabama, and Washington
                                                SUMMARY:  AMS is announcing the                                     FGIS.QACD@usda.gov.                                               are effective January 1, 2018, to
                                                designations of Kankakee Grain                                         Read Applications: All applications                            December 31, 2022. The designation to
                                                Inspection, Inc. (Kankakee); State Grain                            and comments are available for public                             provide official services in the specified
                                                Inspection, Inc. (State Grain); Alabama                             inspection at the office above during                             area of State Grain is effective January
                                                Department of Agriculture and                                       regular business hours (7 CFR 1.27(c)).                           1, 2018, to December 31, 2018.
                                                Industries (Alabama); and the                                       SUPPLEMENTARY INFORMATION: In the July                               Interested persons may obtain official
                                                Washington Department of Agriculture                                3, 2017, Federal Register (82 FR 30817–                           services by contacting this agency at the
                                                (Washington) to provide official services                           30820), GIPSA requested applications                              following telephone number:

                                                                                                                                                                                                          Designation    Designation
                                                               Official agency                                               Headquarters location and telephone                                             start          end

                                                Kankakee .........................................    Essex, IL, 815–365–2268 .........................................................................       1/1/2018     12/31/2022
                                                State Grain .......................................   Savage, MN, 952–808–8566 ....................................................................           1/1/2018     12/31/2018
                                                Alabama ...........................................   Montgomery, AL, 251–438–2549 ..............................................................             1/1/2018     12/31/2022
                                                Washington ......................................     Olympia, WA, 253–820–3756 ...................................................................           1/1/2018     12/31/2022



                                                   Section 7(f) of the USGSA authorizes                             ACTION:Notice of intent to prepare a                              Service is not inviting comments at this
                                                the Secretary to designate a qualified                              supplemental environmental impact                                 time. The draft SEIS is expected to be
                                                applicant to provide official services in                           statement.                                                        available for public review and
                                                a specified area after determining that                                                                                               comment in the first quarter of 2018 and
                                                the applicant is better able than any                               SUMMARY:   The Kootenai National Forest                           the final SEIS is expected to be issued
                                                other applicant to provide such official                            (KNF) will prepare a Supplemental                                 in the second quarter of 2018. The
                                                services (7 U.S.C. 79 (f)).                                         Environmental Impact Statement (SEIS)                             comment period for the draft SEIS will
                                                  Dated: December 21, 2017.                                         on a proposed federal action, which is                            be for 45 days from the date the
                                                Bruce Summers,                                                      approval of a Plan of Operations for the                          Environmental Protection Agency
                                                Acting Administrator, Agricultural Marketing
                                                                                                                    Evaluation Phase of the Montanore                                 publishes the notice of availability in
                                                Service.                                                            Project (Project) The Project is a                                the Federal Register.
                                                                                                                    proposed underground copper and
                                                [FR Doc. 2017–28033 Filed 12–27–17; 8:45 am]                                                                                          ADDRESSES: Kootenai National Forest,
                                                                                                                    silver mine located about 18 miles south
                                                BILLING CODE 3410–02–P
                                                                                                                    of Libby, near the Cabinet Mountains                              31374 U.S. Highway 2, Libby, MT
                                                                                                                    within the Libby Ranger District,                                 59923.
sradovich on DSK3GMQ082PROD with NOTICES




                                                DEPARTMENT OF AGRICULTURE                                           Kootenai National Forest, Lincoln                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                                    County, Montana. The Montanore                                    Lynn Hagarty, Project Coordinator,
                                                Forest Service                                                      Project is proposed by Montanore
                                                                                                                                                                                      Kootenai National Forest, Supervisor’s
                                                                                                                    Minerals Corp. (MMC), a subsidiary of
                                                                                                                                                                                      Office, 31374 U.S. Highway 2, Libby,
                                                Kootenai National Forest, Lincoln                                   Hecla Mining Co.
                                                                                                                                                                                      MT 59923–3022. Inquiries can be made
                                                County, Montana Montanore Project
                                                                                                                    DATES: Scoping is not required for an                             by phone at (406) 293–6211 or via email
                                                AGENCY:       Forest Service, USDA.                                 SEIS (40 CFR 1502.9(c)(4)). The Forest                            at lhagarty@fs.fed.us.


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                                                61534                     Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices

                                                SUPPLEMENTARY INFORMATION:       This SEIS                 Following is a brief summary of the                   MMC would use Tier 4 generators, if
                                                and related proposed federal action,                    Evaluation Phase of the Montanore                     available, or Tier 3 generators for all
                                                which is the approval of a Plan of                      Project, as it would occur under                      Evaluation Phase activities and would
                                                Operations for the Evaluation Phase of                  Alternative 3 selected by the KNF in its              be subject to the limits, emission
                                                the Montanore Project, is being                         2016 ROD. Detailed descriptions of the                controls, and mitigations required by its
                                                completed consistent with the Organic                   alternatives studied in detail are                    Air Quality Permit (MAQP #3788–00).
                                                Administration Act, the Locatable                       provided in the Joint FEIS and ROD,                   MMC would also use Tier 4 engines, if
                                                Minerals Regulations (36 CFR 228                        which can be can be viewed or                         available, or Tier 3 engines on
                                                Subpart A), and the Multiple Use                        downloaded from the following website:                underground mobile equipment and use
                                                Mining Act. The KNF issued a Joint                      https://www.fs.usda.gov/projects/                     ultra-low sulfur diesel fuel in generator
                                                Final Environmental Impact Statement                    kootenai/landmanagement/projects.                     and underground mobile equipment
                                                (JFEIS) in December 2015 and a Record                                                                         engines during the Evaluation Phase.
                                                                                                        Evaluation Phase
                                                of Decision (ROD) in February 2016.                                                                              In addition to underground activities,
                                                The Montana Department of                                  The purposes of the Evaluation Phase               MMC would conduct field studies on
                                                Environmental Quality (DEQ) also                        would be to: (1) Expand the knowledge                 National Forest System lands between
                                                issued a ROD in February 2016 that                      of the mineralized zones of the deposit;              Poorman and Little Cherry Creeks. The
                                                provided the State’s approval of the                    (2) assess and define the mineralized                 field studies would include a site
                                                Evaluation Phase of the project. In a                   zone within established valid existing                reconnaissance and a drilling and
                                                U.S. District Court opinion issued on                   rights; and (3) collect, provide, and                 sampling program to evaluate site
                                                May 30, 2017 in a consolidated case                     analyze additional geotechnical,                      geology, groundwater conditions and
                                                (Save Our Cabinets v. U.S. Dep’t of                     hydrological, and other information                   water quality. Surface disturbances
                                                Agric., No. CV–16–53–M–DWM and                          necessary for preparation of a mine plan              would be reclaimed.
                                                                                                        for subsequent phases. An updated                        If MMC does not pursue subsequent
                                                Libby Placer Mining Co. v. U.S. Forest
                                                                                                        mine Plan of Operations would be                      phases of the project or if those phases
                                                Serv., No. CV 16–56–M–DWM), the U.S.
                                                                                                        required should MMC decide, based on                  are not approved by the Forest Service,
                                                District Court ruled that the Forest
                                                                                                        the assessment of the orebody and other               MMC would install a concrete-
                                                Service violated, in various respects, the
                                                                                                        information collected during the                      reinforced hydraulic plug in the adit,
                                                Clean Water Act, the Organic
                                                                                                        Evaluation Phase, to pursue subsequent                reconstruct the original adit plug,
                                                Administration Act, the National Forest                 phases of the project. Information                    remove all surface facilities, and regrade
                                                Management Act, and the National                        collected during the Evaluation Phase                 and revegetate the disturbed areas.
                                                Environmental Policy Act by approving                   would be used to confirm and update                   Monitoring that would occur during the
                                                the Montanore Project. In a separate                    the analysis for subsequent phases that               Evaluation Phase is described in
                                                opinion in Save Our Cabinets v. U.S.                    was provided in the JFEIS, should the                 Appendix C of the JFEIS.
                                                Fish & Wildlife Serv. (No. CV 15–69–M–                  KNF receive an updated mine Plan of
                                                DWM) issued concurrently with the                                                                             Lead and Cooperating Agencies
                                                                                                        Operations for subsequent project
                                                first, the Court ruled that the U.S. Fish               phases.                                                 The USDA Forest Service is the Lead
                                                and Wildlife Service violated the                          The Evaluation Phase is anticipated to             Agency for this project. Other agencies
                                                Endangered Species Act (ESA) because                    last 18 to 24 months. MMC would                       may become a Cooperating Agency as
                                                the No Jeopardy conclusions regarding                   dewater the full extent of the existing               the SEIS progresses.
                                                bull trout and grizzly bears were flawed                Libby Adit and develop an additional
                                                and that the Forest Service violated the                                                                      Responsible Official
                                                                                                        10,500 feet of drifts and 35 drill stations
                                                ESA by relying on the flawed Biological                 above the currently defined ore zones.                  Christopher Savage, Forest Supervisor
                                                Opinions. The Court vacated the Forest                  MMC would drill ahead of the drifts and               Kootenai National Forest, 31374 U.S.
                                                Service decision approving the project                  keep all drill stations 300 feet from the             Highway 2, Libby, MT 59923 is the
                                                and remanded the 2016 ROD and JFEIS                     Rock Lake Fault and 1,000 feet from                   Responsible Official for the Montanore
                                                back to the Forest Service for further                  Rock Lake. The drill core would be used               Project.
                                                action, ‘‘either through issuing a new                  to support resource modeling, mine                      Dated: December 8, 2017.
                                                Record of Decision that approves only                   planning, metallurgical testing,                      Chris French,
                                                the Evaluation Phase or one that again                  preliminary hydrology assessment, and                 Associate Deputy Chief, National Forest
                                                addresses the entire project.’’                         rock mechanic studies for the full                    System.
                                                Furthermore, the Court stated that the                  Montanore Project. An estimated                       [FR Doc. 2017–28060 Filed 12–27–17; 8:45 am]
                                                primary problem with the 2016 ROD                       287,000 tons (140,000 cubic yards) of                 BILLING CODE 3411–15–P
                                                was that it approved the entire project,                waste rock would be generated and
                                                not just the Evaluation Phase. The Court                stored on private land at the Libby Adit
                                                also remanded to the U.S. Fish and                      Site. The waste rock storage areas would
                                                Wildlife Service its 2014 Biological                    be lined to collect runoff from the area              DEPARTMENT OF COMMERCE
                                                Opinions. The SEIS will describe the                    and seepage through the waste rock.
                                                                                                                                                              Submission for OMB Review;
                                                activities that would occur during the                     Water from the Libby Adit and from                 Comment Request
                                                Evaluation Phase of the Montanore                       the waste rock storage area would be
                                                Project, clarify what effects would occur               treated before discharging to MPDES-                    The Department of Commerce will
                                                as a result of those activities, and update             permitted outfalls. The MPDES permit                  submit to the Office of Management and
sradovich on DSK3GMQ082PROD with NOTICES




                                                resource analyses if there are significant              MT0030279, which the DEQ issued in                    Budget (OMB) for clearance the
                                                new circumstances or information                        2017, sets effluent limits and establishes            following proposal for collection of
                                                relevant to environmental concerns and                  monitoring for wastewater discharges                  information under the provisions of the
                                                bearing on the Evaluation Phase or its                  from the Libby Adit Water Treatment                   Paperwork Reduction Act.
                                                impacts in order to ensure a complete                   Plant. Treated water would be                           Agency: U.S. Census Bureau.
                                                analysis of the environmental effects of                discharged to a percolation pond                        Title: Annual Business Survey.
                                                the proposed federal action.                            located at the Libby Adit Site.                         OMB Control Number: 0607–XXXX.


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Document Created: 2017-12-28 00:43:41
Document Modified: 2017-12-28 00:43:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of intent to prepare a supplemental environmental impact statement.
DatesScoping is not required for an SEIS (40 CFR 1502.9(c)(4)). The Forest Service is not inviting comments at this time. The draft SEIS is expected to be available for public review and comment in the first quarter of 2018 and the final SEIS is expected to be issued in the second quarter of 2018. The comment period for the draft SEIS will be for 45 days from the date the Environmental Protection Agency publishes the notice of availability in the Federal Register.
ContactLynn Hagarty, Project Coordinator, Kootenai National Forest, Supervisor's Office, 31374 U.S. Highway 2, Libby, MT 59923-3022. Inquiries can be made by phone at (406) 293-6211 or via email at [email protected]
FR Citation82 FR 61533 

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