Notice2023-25756
Notice of Intent To Prepare an Environmental Impact Statement for the Caldwell Canyon Revised Mine and Reclamation Plan, Caribou County, Idaho
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 22, 2023
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Federal Land Policy and Management Act of 1976, as amended, the Bureau of Land Management (BLM) Idaho Falls District intends to prepare an Environmental Impact Statement (EIS) to consider the effects of P4 Production, LLC's (P4 Production) Caldwell Canyon Revised Mine and Reclamation Plan (RMRP) in Caribou County, Idaho. This notice announces the beginning of the scoping process to solicit public comments and identify issues and alternatives.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 224 (Wednesday, November 22, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Notices]
[Pages 81427-81429]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25756]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_ ID_ FRN_ MO4500175813]
Notice of Intent To Prepare an Environmental Impact Statement for
the Caldwell Canyon Revised Mine and Reclamation Plan, Caribou County,
Idaho
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: In compliance with the National Environmental Policy Act of
1969, as amended (NEPA), and the Federal Land Policy and Management Act
of 1976, as amended, the Bureau of Land Management (BLM) Idaho Falls
District intends to prepare an Environmental Impact Statement (EIS) to
consider the effects of P4 Production, LLC's (P4 Production) Caldwell
Canyon Revised Mine and Reclamation Plan (RMRP) in Caribou County,
Idaho. This notice announces the beginning of the scoping process to
solicit public comments and identify issues and alternatives.
DATES: This notice initiates the public scoping process for the EIS.
The BLM requests that the public submit comments concerning the scope
of the analysis, potential alternatives, and identification of relevant
information and studies by December 22, 2023. In order to be considered
during the preparation of the Draft EIS, please ensure your comments
are received prior to the close of the 30-day scoping period or 15 days
after the last public meeting, whichever is later. Additional
information will be distributed through a press release, newspaper
notice, BLM's ePlanning website, and email to the mailing list.
ADDRESSES: You may submit comments related to the Caldwell Canyon RMRP
by any of the following methods:
<bullet> Website: <a href="https://eplanning.blm.gov/eplanning-ui/project/2026858/510">https://eplanning.blm.gov/eplanning-ui/project/2026858/510</a>.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#afede3e2f0e6ebf0eccec3cbd8cac3c3fdcad9c6dccacbe2fdfff0eae6fcefcdc3c281c8c0d9"><span class="__cf_email__" data-cfemail="9cded0d1c3d5d8c3dffdf0f8ebf9f0f0cef9eaf5eff9f8d1ceccc3d9d5cfdcfef0f1b2fbf3ea">[email protected]</span></a>.
<bullet> Fax: (208) 478-6376.
[[Page 81428]]
<bullet> Mail: Caldwell Canyon Mine EIS, C/O Stantec Consulting
Services Inc., 2890 East Cottonwood Parkway, Suite 300, Salt Lake City,
UT 84121.
Documents pertinent to this proposal may be examined online at
<a href="https://eplanning.blm.gov/eplanning-ui/project/2026858/510">https://eplanning.blm.gov/eplanning-ui/project/2026858/510</a> and at the
BLM Pocatello Field Office.
FOR FURTHER INFORMATION CONTACT: Barry Myers, project manager,
telephone (208) 559-3662; address 4350 Cliffs Drive, Pocatello, ID
83204; email <a href="/cdn-cgi/l/email-protection#2547485c405756654749480b424a53"><span class="__cf_email__" data-cfemail="eb8986928e9998ab898786c58c849d">[email protected]</span></a>. Contact Mr. Myers to have your name added
to our mailing list. Individuals in the United States who are deaf,
deafblind, hard of hearing, or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access telecommunications relay services
for contacting Mr. Myers. Individuals outside the United States should
use the relay services offered within their country to make
international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: Following the preparation of a Final EIS,
the Caldwell Canyon Mine and Reclamation project was approved in a 2019
Record of Decision (ROD). Since that approval in 2019 and continuing
through May 2023, P4 Production developed and constructed various
components of the original project including a service road, haul
roads, various utility lines, loadout facilities, and earthwork to
prepare for ore removal.
In June 2023, as a result of legal action challenging the BLM's
decision and analysis, the Final EIS and ROD were vacated by the United
States District Court for the District of Idaho (Case No. 4:21-cv-
00182-BLM). As a result of this vacatur, P4 Production submitted a new
RMRP, which the BLM will analyze under NEPA. The RMRP proposes
modifying existing lease boundaries, developing two new open mine pits,
constructing haul and access roads, installing various utility lines,
and constructing water management features, monitoring wells, and shop
and office facilities (the Project).
Purpose and Need for the Proposed Action
The purpose of the Project is for the BLM to evaluate and respond
to the RMRP submitted for the recovery of phosphate ore and to modify
leases, in accordance with the Mineral Leasing Act of 1920. P4
Production has certain rights and privileges to recover phosphate from
their leases, including the exploration, mining, and disposal of the
phosphate or phosphate rock, subject to applicable requirements. The
need for the Project is to develop the phosphate resources, using an
economically viable method, in accordance with federal laws and
regulations governing federal mineral leases, consistent with
applicable law.
Preliminary Proposed Action and Alternatives
P4 Production's RMRP proposes to mine phosphate ore in Caribou
County, Idaho, from three existing federal phosphate leases by
constructing two open pits, constructing haul and access roads,
installing various utility lines, and constructing water management
features, monitoring wells, and shop and office facilities, while
implementing environmental protection measures and reclamation.
The Project would create two open pits, portions of which extend
beyond the existing federal lease boundaries. To accommodate those
portions of the pits that extend outside the current federal leases, P4
Production proposes to expand their leases in accordance with 43 CFR
subpart 3510.
The mining and the support facilities would encompass approximately
1,830 acres. The expected mine life would be approximately 40 years.
Reclamation would be concurrent with mining and is scheduled to
conclude two years after mining ceases.
In addition to the No Action Alternative (not approving the RMRP
and lease modifications) and the Proposed Action, other possible
alternatives may include a new proposed haul and access road and
utility corridor that avoid federal surface as much as possible, and
alternatives that address the sage-grouse issues identified by the
Court. The BLM welcomes comments on all preliminary alternatives, as
well as suggestions for additional alternatives.
Summary of Expected Impacts
The BLM expects mining and hauling operations to: change
groundwater and surface water quantity and quality within regulatory
limits; remove and change the structure and composition of vegetation,
including species important to Native American Tribes; disturb wetlands
and riparian habitat; modify wildlife habitat, including sage-grouse
habitat; change scenery; disturb soil; permanently remove mineral
resources; create air and fugitive dust emissions; extend economic
activity such as employment and the continued operation of an existing
elemental phosphorous processing plant; support businesses and generate
tax revenue; and reduce livestock grazing.
Anticipated Permits and Authorizations
The BLM anticipates that the following permits and approvals may be
required for the Project:
<bullet> BLM; MRP approval or modification of approved MRP; 43 CFR
3590.2(a), 3592.1(a)
<bullet> BLM; Lease Modification/Fringe Lease; 43 CFR 3510
<bullet> BLM; Right-of-way; 90 Statute 2776; 43 U.S. Code (U.S.C.) 1761
<bullet> BLM; Phosphate Use Permit; 43 CFR 3501.10, 43 CFR 3516
<bullet> High Explosives Permit; 18 U.S.C. 40; 27 CFR 555
<bullet> Idaho Department of Environmental Quality; Point of Compliance
under the Idaho Groundwater Quality Rule; IDAPA 58.01.11.401
<bullet> Idaho Department of Environmental Quality; Certification of
Water Quality (Clean Water Act, Section 401); IDAPA 39-101, et seq.;
Idaho Code Parts 39-3601, et seq.
<bullet> Idaho Department of Water Resources; Water Rights; Idaho Code
Parts 42-201, et seq.; IDAPA 37.03.08, Water Appropriation Rules and
37.03.11 Conjunctive Management of Surface and Ground Water
<bullet> Idaho Department of Environmental Quality; Stormwater
Pollution Prevention Plan, Idaho Pollutant Discharge Elimination
System; (IDAPA 58.01.25)
<bullet> USACE; Section 404 Permit--required if surface disturbance and
placement of fill is more than 0.5 acres of wetlands and 500 feet of
stream channels; Clean Water Act [Title 33 U.S.C. 1344, Section 404(a)]
<bullet> Idaho Department of Water Resources; Stream Channel Alteration
Permit; IDAPA 42-3801
<bullet> Idaho Department of Environmental Quality; Air Quality Permit
to Construct; IDAPA 58.01.01
<bullet> Idaho Department of Lands; Reclamation Plan approval and
modification of approved Reclamation Plan; IDAPA 20.03.02.010,
20.03.02.120, and 20.03.02.140
<bullet> Caribou County; Conditional Use Permit for facilities within
an approved land use; Caribou County Zoning Ordinance, Chapter 13.
Schedule for the Decision-Making Process
The BLM will provide additional opportunities for public
participation consistent with the NEPA process, including a 45-day
comment period on the Draft EIS. The Draft EIS is anticipated to be
available for public review in summer 2024 and the Final EIS is
anticipated to be released in December 2024, with a Record of
[[Page 81429]]
Decision no sooner than 30 days after the release of the Final EIS.
Public Scoping Process
This notice of intent initiates the scoping period. The BLM will be
holding a virtual public scoping meeting. The specific date and time of
the virtual meeting, including information on how to register, will be
announced in advance via press release, newspaper notice, the ePlanning
project page, and email.
Cooperating Agencies
The Idaho Department of Environmental Quality, U.S. Army Corps of
Engineers, Idaho Department of Lands, and Idaho Governor's Office of
Energy and Minerals are Cooperating Agencies.
Responsible Official
Idaho Falls District Manager Mary D'Aversa is the BLM responsible
official.
Nature of Decision To Be Made
The BLM Idaho Falls District Manager will decide whether and under
what conditions to approve land use authorizations on BLM-managed
public land and the RMRP on leased lands, and to recommend the approval
or disapproval of proposed lease modifications to the BLM Idaho State
Office Branch Chief for Minerals, Land Tenure, and Water Rights. The
decision and recommendation will be documented in a ROD.
Additional Information
The BLM will identify, analyze, and consider mitigation to address
the reasonably foreseeable impacts to resources from the Proposed
Action and all analyzed reasonable alternatives and, in accordance with
40 CFR 1502.14(e), include appropriate mitigation measures not already
included in the Proposed Action or Action Alternative(s). Mitigation
may include avoidance, minimization, rectification, reduction or
elimination over time, and compensation, and it may be considered at
multiple scales, including the landscape scale.
The BLM will utilize and coordinate the NEPA process to help
support compliance with applicable procedural requirements under the
Endangered Species Act (16 U.S.C. 1536) and Section 106 of the National
Historic Preservation Act (54 U.S.C. 306108) as provided in 36 CFR
800.2(d)(3), including public involvement requirements of Section 106.
Information about historic and cultural resources and threatened and
endangered species within the area potentially affected by the Project
will assist the BLM in identifying and evaluating impacts to such
resources.
The BLM will consult with Indian Tribal Nations on a government-to-
government basis in accordance with Executive Order 13175, BLM MS 1780,
and other Departmental policies. The BLM will send invites to
potentially affected Tribal Nations prior to consultations. Tribal
concerns, including impacts on Indian trust assets and potential
impacts to cultural resources, will be given due consideration.
Federal, State, and local agencies, along with Indian Tribal Nations
and other stakeholders that may be interested in or affected by the
proposed Project that the BLM is evaluating, are invited to participate
in the scoping process and, if eligible, may request or be requested by
the BLM to participate in the development of the environmental analysis
as a Cooperating Agency. The BLM will also provide additional
opportunities for government-to-government consultation at other times
during the NEPA process.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you may
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
(Authority: 40 CFR 1501.9)
Mary D'Aversa,
District Manager, Idaho Falls District.
[FR Doc. 2023-25756 Filed 11-21-23; 8:45 am]
BILLING CODE 4331-19-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 22, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.