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Home , Leviathan Mine

Federal Register / Vol. 67, No. 101 / Friday, May 24, 2002 / Notices 36645

along Monument Creek from any future Service, the Department of and underground development. Fish and Game, and the operations, in Alpine County, Only one federally listed species, the Division of Environmental Protection, California. Anaconda developed the threatened Preble’s meadow jumping announces the release for public review former underground mine into an open mouse, occurs onsite and has the of the Leviathan Mine pit sulfur mine and operated the Mine potential to be adversely affected by the Damage Assessment Plan—Public through 1962. Anaconda sold the Mine project. To mitigate impacts that may Release Draft (Assessment Plan). The in early 1963, but no further mining result from incidental take, the HCP Plan was developed by the Leviathan operations took place thereafter. provides mitigation for the residential Mine Council Natural Resource Releases of hazardous substances site by protection of the Monument Trustees, consisting of representatives of from the Mine began in the 1950s and Creek corridor onsite and its associated the Tribe and agencies listed above, to continue today. Infiltration of riparian areas from all future assess injuries to natural resources precipitation into and through the adits development through the enhancement resulting from releases of hazardous (tunnels from the former underground of 0.5 acre through native grass planting, substances from the Leviathan Mine in mine), open pit, and overburden piles, shrub planting, weed control, Alpine County, California. The along with direct contact of mine wastes preservation in a native and unmowed Assessment Plan describes the proposed with surface waters, has created acid condition, and the placement of the approach for determining and mine drainage (AMD), which has been proposed building site closer to the road quantifying natural resource injuries released, and continues to be released and farther away from mouse habitat. and calculating damages associated with into the environment. AMD, which Measures will be taken during these injuries. contains , , , construction to minimize impact to the DATES: Comments on the Assessment and other hazardous substances, has habitat including limited site access and Plan must arrive by June 24, 2002. continued to be released into the placement of spoils piles only at the ADDRESSES: You may mail or hand and into the surface waters front end of the lot, away from the deliver written comments to Mr. Wayne and sediments in Aspen and Leviathan creek. All of the proposed mitigation Nordwall, Regional Director, Bureau of Creeks, and from there into Bryant area is within the boundaries of the Indian Affairs, Western Regional Office, Creek and the East Fork . Dahle property, all of which is included P.O. Box 10, Phoenix, AZ 85001; or 400 Bryant Creek begins in California and in the of Monument N. Fifth Street, Phoenix, AZ 85004; or crosses into Nevada, passing through Creek. by facsimile (602) 379–4413. several Indian Trust Allotments. Bryant This notice is provided pursuant to The Assessment Plan is available for Creek then flows into the East Fork section 10(c) of the Act. We will review, by appointment and during Carson River. Releases of AMD from the evaluate the permit application, the normal business hours, at the office Mine have resulted in fish kills in Plan, and comments submitted therein locations of the following officials: (1) Leviathan and Bryant Creeks and the to determine whether the application Curtis Milsap, Bureau of Indian Affairs, East Fork Carson River. meets the requirements of section 10(a) Western Nevada Agency, 1677 Hot From the early 1980s, when the State of the Act. If it is determined that those Springs Road, Carson City, Nevada of California acquired ownership of the requirements are met, a permit will be 89706, telephone (775) 887–3570; (2) Mine, through the late 1990s, the issued for the incidental take of the John Krause, Bureau of Indian Affairs, Lahontan Regional Water Quality Preble’s meadow jumping mouse in Western Regional Office, 400 N. Fifth Control Board (LRWQCB) constructed conjunction with the construction and Street, Phoenix, Arizona 85004, and operated the Leviathan Mine occupation of a single-family residential telephone (602) 379–3723; (3) Robert Pollution Abatement Project. However, lot on the Dahle Property. The final Greenbaum, Washoe Tribe of Nevada this project did not eliminate the permit decision will be made no sooner and California, 919 U.S. Hwy. 395 releases of hazardous substances, and it than 30 days from the date of this South, Gardnerville, Nevada 89410, redirected several sources of AMD to notice. telephone (775) 265–4191 ext. 155; (4) new discharge points. Despite Dated: May 8, 2002. Stan Wiemeyer, U.S. Fish & Wildlife additional efforts by the LRWQCB, the Service, Nevada Fish & Wildlife Office, David E. Heffernan, U.S. Environmental Protection Agency 1340 Financial Blvd., Suite 234, Reno, Acting Regional Director, Region 6. (EPA), and the Atlantic Richfield Nevada 89502, telephone (775) 861– Company (ARC), the successor in [FR Doc. 02–13076 Filed 5–23–02; 8:45 am] 6300; and (5) Melanie Markin, U.S. Fish BILLING CODE 4310–55–P interest to its wholly owned subsidiary, & Wildlife Service, 2800 Cottage Way, Anaconda, to reduce the release of W–2605, Sacramento, California 95825, hazardous substances from the Mine, telephone (916) 414–6638. In addition, DEPARTMENT OF THE INTERIOR releases of AMD continued to have the Assessment Plan is available for deleterious effects on natural resources Bureau of Indian Affairs review at the Alpine County Library, at the Mine and downstream. 270 Laramie Street, Markleeville, In May 2000, EPA added the Notice of Availability, Assessment Plan California 96120, telephone (530) 694– Leviathan Mine Site to the for Natural Resources Injured by 2120; and on the Nevada Division of National Priorities List [65 FR 30482]. Releases of Hazardous Substances Environmental Protection Web site at Also in 2000, EPA issued separate From the Leviathan Mine http://ndep.state.nv.us/ admin/ orders to the LRWQCB and ARC leviathan.htm. AGENCY: Bureau of Indian Affairs, pursuant to section 106(a) of the Interior. FOR FURTHER INFORMATION CONTACT: Comprehensive Environmental Robert Greenbaum, (775) 265–4191 ext. ACTION: Notice. Response, Compensation, and Liability 155. Act of 1980, as amended (CERCLA) [42 SUMMARY: The Bureau of Indian Affairs, SUPPLEMENTARY INFORMATION: In 1951, U.S.C. 9606(a)] to engage in hazardous on behalf of the Washoe Tribe of Nevada the Mining Company waste removal actions. EPA’s order to and California, the U.S. Fish and purchased the Leviathan Mine property, ARC also requires ARC to develop long- Wildlife Service, the U.S. Forest the former site of small copper term response plans, including a

VerDate May<14>2002 20:47 May 23, 2002 Jkt 197001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM pfrm15 PsN: 24MYN1 36646 Federal Register / Vol. 67, No. 101 / Friday, May 24, 2002 / Notices

Remedial Investigation/ Feasibility available for public review at the fragmented shell beads, 1 shell pendant, Study. mailing addresses shown in the 8 bird bone flutes, 3 fragments of quartz, Pursuant to section 107(f) of CERCLA ADDRESSES section, during regular 2 fragments of mica, and 1 fragment of [42 U.S.C. 9607(f)], the Leviathan Mine business hours, 8:00 a.m. to 4:30 p.m., turquoise. Council Natural Resource Trustees Monday through Friday, except Based on the ceramic types recovered (Trustees) are representatives of federal, holidays. Individual respondents may from this site, Pecos Pueblo was state, and tribal government entities request confidentiality. If you wish us to occupied between A.D. 1300 and 1700. with trust authority over natural withhold your name and/or address resources potentially injured by releases from public review or from disclosure Historic records document occupation of hazardous substances from the under the Freedom of Information Act, at the site until 1838 when the last Leviathan Mine. While EPA’s focus is you must state this prominently at the inhabitants left the pueblo and went to protecting human health and the beginning of your written comment. the Pueblo of Jemez. In 1936, an Act of environment, the Trustees have the Such requests will be honored to the Congress recognized the Pueblo of authority to seek compensation from extent allowed by law. We will not, Jemez as a ‘‘consolidation’’ and potentially responsible parties (PRPs) however, consider anonymous ‘‘merger’’ of the Pueblo of Pecos and the for past, present, and future injuries to comments. All submissions from Pueblo of Jemez; this act further trust natural resources caused by organizations or businesses, and from recognizes that all property, rights, releases from the Mine. Such resources individuals identifying themselves as titles, interests, and claims of both include, but are not limited to, representatives or officials of pueblos were consolidated under the groundwater, , sediment, organizations or businesses, will be Pueblo of Jemez. fish (including Lahontan Cutthroat made available for public inspection in In consultation with members of the Trout) and other aquatic biota, their entirety. floodplain soils, riparian vegetation, and Eagle Watcher’s Society, as well as other wildlife in and around the Leviathan Dated: May 14, 2002. traditional religious leaders of the Creek and Bryant Creek drainages, and Neal A. McCaleb, Pueblo of Jemez, it has been determined a portion of the East Fork Carson River Assistant Secretary—Indian Affairs. by officials of the Robert S. Peabody drainage. The assessment area includes [FR Doc. 02–13060 Filed 5–23–02; 8:45 am] Museum of Archaeology that these the area surrounding and downstream BILLING CODE 4310–W7–P objects are integral to present-day from the Leviathan Mine in Alpine religious practice at the Pueblo. County, California; the Toiyabe National Based on the above-mentioned DEPARTMENT OF THE INTERIOR Forest; Indian Trust Allotments; information, officials of the Robert S. Douglas County, Nevada; and the National Park Service Peabody Museum of Archaeology have Washoe Indian Community of determined that, pursuant to 43 CFR Dresslerville. Notice of Intent to Repatriate Cultural The Assessment Plan developed by 10.2 (d)(3), these cultural items are Items in the Possession of the Robert the Trustees is intended to assess specific ceremonial objects needed by S. Peabody Museum of Archaeology, injuries to natural resources resulting traditional Native American religious Phillips Academy, Andover, MA. from releases of hazardous substances leaders for the practice of traditional from the Leviathan Mine. The AGENCY: National Park Service, Interior. Native American religions by their present-day adherents. Officials of the Assessment Plan describes the proposed ACTION: Notice. approach for determining and Robert S. Peabody Museum of quantifying natural resource injuries Notice is hereby given in accordance Archaeology also have determined that, and calculating damages associated with with the Native American Graves pursuant to 43 CFR 10.2 (e), there is a these injuries. By developing an Protection and Repatriation Act relationship of shared group identity Assessment Plan, the Trustees can (NAGPRA), 43 CFR 10.10 (a)(3), of the that can be reasonably traced between ensure that the natural resource damage intent to repatriate cultural items in the these sacred objects and the Pueblo of assessment will be completed at a possession of the Robert S. Peabody Jemez, New Mexico. reasonable cost. The Trustees also Museum of Archaeology, Phillips This notice has been sent to officials intend for the Assessment Plan to Academy, Andover, MA, that meet the of the Pueblo of Jemez, New Mexico. communicate proposed assessment definition of ‘‘sacred objects’’ under methods to PRPs and to the public in an Section 2 of the Act. Representatives of any other Indian tribe effective manner so that they can This notice is published as part of the that believes itself to be culturally productively participate in the National Park Service’s administrative affiliated with these sacred objects assessment process. The ultimate goal of responsibilities under NAGPRA, 43 CFR should contact Malinda Blustain, the assessment is to seek damages from 10.2 (c). The determinations within this Interim Director, Robert S. Peabody PRPs for the purpose of developing notice are the sole responsibility of the Museum, Phillips Academy, Andover, projects which will restore, rehabilitate, museum, institution, or Federal agency MA, telephone (978) 749-4496 before replace, or acquire the equivalent of the that has control of these cultural items. June 24, 2002. Repatriation of these injured natural resources and the The National Park Service is not sacred objects to the Pueblo of Jemez, services they previously provided [43 responsible for the determinations New Mexico, may begin after that date CFR 11.81(a)(1)]. The Trustees may within this notice. if no additional claimants come amend the Assessment Plan, but any Between 1915 and 1929, these forward. cultural items were recovered from significant amendments will be made Dated: April 16, 2002. available for public review [43 CFR several locations at Pecos Pueblo, NM, 11.32(e)]. during excavations conducted by the Robert Stearns, Phillips Academy under the direction of Manager, National NAGPRA Program. Public Comment Availability Alfred Vincent Kidder. The 63 objects [FR Doc. 02–13162 Filed 5–23–02; 8:45 am] Comments, including names and are 16 pipes, fragments of 3 ceramic BILLING CODE 4310–70–S home addresses of respondents, will be vessels, 4 effigies, 25 whole and

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