The Custer Gallatin National Forest, Yellowstone Ranger District (Forest Service) has released the Final Environmental Impact Statement (Final EIS) and Draft Record of Decision (ROD) for the East Boulder Mine Plan of Operations and Operating Permit Amendment 004 (Project). The East Boulder Mine, located in Sweet Grass County near Big Timber, Montana, is operated by the Stillwater Mining Company, a subsidiary of Sibanye-Stillwater, and has produced platinum group metals since 2001. Mary Erickson, Forest Supervisor, Custer Gallatin National Forest is the responsible official for this project. In the Draft ROD, the Forest Service identifies Alternative 3 – Agency-Modified Alternative as its preferred alternative. Alternative 3 meets the intent of the proposed action and incorporates additional design elements including storm water channels that would convey a 1-in-200 year, 24-hour precipitation event and the use of geomorphic or landform architecture design for both the Lewis Gulch Tailings Storage Facility and the Dry Fork Waste Rock Storage Area. Geomorphic landform design principles would be implemented to create a more natural appearance for the two facilities. Alternative 3 would enable platinum group metals to be produced for 11 to 14 years and would provide continued employment of up to 600 people. In addition, Alternative 3 has been revised in response to public comments. After the objection process has been completed, a Final EIS (with any needed revisions to address objections) will be issued by the Forest Service and its co-lead agency, the Montana Department of Environmental Quality (DEQ), and will be followed by issuance of a Final Forest Service ROD and a DEQ ROD. The objection process will proceed according to 36 Code of Federal Regulations (CFR) 218 subparts A and B. All interested and affected parties who provided timely, specific written comments, as defined in 36 CFR 218.2, during a designated opportunity for public comment (e.g., the scoping and Draft EIS public comment periods) are eligible to object to the Forest Service’s Draft ROD and participate in the objection process. An objection, including attachments, must be filed with the appropriate reviewing officer within 45 days following the date of publication of the legal notice of the “Opportunity to Object” in the Bozeman Daily Chronicle, the newspaper of record (36 CFR 218.24). The publication date in the newspaper of record is the exclusive means for calculating the time to file an objection. Objectors should not rely on dates or time-frame information provided by any other source. It is the objector’s responsibility to ensure the timely filing of a written objection with the reviewing officer pursuant to 36 CFR 218.9. Issues raised in objections must be based on previously submitted timely, specific written comments regarding the proposed Project unless they are based on new information that arose after the designated opportunities. Responses that do not adhere to these requirements make the review of an objection difficult and are conditions under which the reviewing officer may set aside an objection pursuant to 36 CFR 218.10. At a minimum, an objection must include the following information per 36 CFR 218.8(d): (1) the objector’s name and address, with a telephone number, if available; (2) a signature or other verification of authorship upon request (a scanned signature for email may be filed with the objection); (3) identification of the lead objector when multiple names are listed on an objection (verification of the identity of the lead objector shall be provided upon request); (4) the name of the proposed project, the name and title of the Responsible Official (Forest Supervisor), and the name(s) of the national forest (Custer Gallatin National Forest) and/or ranger district (Yellowstone) on which the proposed project will be implemented; (5) a description of those aspects of the proposed project addressed by the objection, including specific issues related to the proposed project, if applicable; how the objector believes the environmental analysis or draft decision specifically violates law, regulation, or policy; suggested remedies that would resolve the objection; and supporting reasons for the reviewing officer to consider; and (6) a statement that demonstrates the connection between prior specific written comments on the particular proposed project or activity and the content of the objection. The incorporation of documents by reference is permitted only as provided in 36 CFR 218.8(b). All objections are available for public inspection after the objection process. The reviewing officer, the Regional Forester, as defined by 36 CFR 218.3, will respond in writing to all objections. The written response will provide the reasons for the response and may provide instructions to the Responsible Official, the Forest Supervisor, which will be addressed in the Final EIS and the Final Forest Service ROD. No further review from any other Forest Service or U.S. Department of Agriculture official of the reviewing officer’s written response to an objection is available (36 CFR 218.11(b)(2)). Objections must be filed electronically, by regular mail, hand-delivery, or express delivery. Objections filed other than electronically should be addressed to: Regional Forester Leanne Marten, Objection Reviewing Officer USDA Forest Service, Northern Region 26 Fort Missoula Road, Missoula, Montana 59804 The office hours for those submitting hand-delivered objections are: 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays. Electronic objections must be submitted at: https://www.fs.usda.gov/project/?project=61385. In cases where no identifiable name is attached to an electronic message, a verification of identify will be required. A scanned signature is one way to provide verification. Objections received in response to this solicitation, including names and addresses of those who comment, will be considered part of the public record on this action and will be available for public inspection. Pursuant to 7 CFR 1.27 (d), any person may request the agency to withhold a submission from the public record by showing how the Freedom of Information Act permits such confidentiality. Requests for confidentiality may be granted in only very limited circumstances. The Draft Forest Service ROD, Final EIS, and supporting Project documents (e.g., public notices, specialist reports, biological evaluations, and technical memorandums) are available online:https://www.fs.usda.gov/project/?project=61385. The Project website is continually updated throughout the EIS process.
Robert Grosvenor
