[Federal Register Volume 69, Number 116 (Thursday, June 17, 2004)]
[Notices]
[Pages 33934-33935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13672]
[[Page 33934]]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Notice of Availability, Midnite Uranium Mine Natural Resource
Damage Assessment Plan, Part I: Injury Determination
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: The Department of the Interior (represented by the Bureau of
Indian Affairs, the Fish and Wildlife Service, and the National Park
Service), the Spokane Tribe of Indians, and the Confederated Tribes of
the Colville Reservation (the Trustees) announce the release for public
review of the Midnite Uranium Mine Natural Resource Damage Assessment
Plan, Part I: Injury Determination. This Assessment Plan was developed
by the Midnite Uranium Mine Natural Resource Trustee Council,
consisting of representatives of the Trustee agencies listed above. The
purpose of the Plan is to communicate the Trustees' proposed approach
for determining injury to natural resources resulting from the release
of hazardous substances from the Midnite Mine Superfund Site, an
associated uranium mill site, haul road and other areas to potentially
responsible parties (PRPs) and the public so that these stakeholders
can productively participate in the assessment process. All interested
parties are invited to submit comments on the Assessment Plan.
DATES: Comments on the Assessment Plan are due on or before July 19,
2004.
ADDRESSES: Written comments should be sent to the Lead Administrative
Trustee: Spokane Tribe of Indians, Department of Natural Resources, c/o
Dr. F.E. Kirschner, P. O. Box 312, Valleyford, WA 99036 (Telephone
(509) 924-0184, Facsimile (509) 924-4515, E-mail: [email protected]).
The Assessment Plan is available for review at the Spokane Indian
Reservation, Department of Natural Resources Reading Room, Wellpinit,
WA 99040. The Assessment Plan is available for public inspection during
normal business hours by appointment.
FOR FURTHER INFORMATION CONTACT: Dr. F. E. Kirschner, (509) 924-0184.
SUPPLEMENTARY INFORMATION:
Background
This Assessment Plan addresses the Trustees' approach for
determining injury to natural resources resulting from the release of
hazardous substances from the Midnite Mine Superfund Site (Mine),
including its associated uranium mill (Mill), haul road, and other
areas where hazardous substances have come to be located (the facility
or Assessment Area). The Mine is an inactive, open-pit uranium mine
situated entirely within the boundaries of the Spokane Indian
Reservation in eastern Washington. The Mine's impacted areas include
two large water-filled mining pits, several mining pits now backfilled
with mine waste and waste rock, a retention pond, a leachate collection
pool, outfall ponds and seeps, at least eight abandoned uranium ore and
protore piles, large mining spoils disposal areas, a mine water
treatment plant, a system of weirs, ditches, and sumps for seepage
collection, and various buildings housing pump equipment and storage
tanks for collected seep water. The uranium Mill is located near the
town of Ford, Washington, northwest of the City of Spokane. The Mill is
comprised of a number of buildings, 14 acres of storage pads where
uranium ore was stockpiled prior to milling, and a tailings disposal
area. The haul road, a public road used for hauling uranium ore from
the Mine to the Mill, runs for approximately 20 miles through the
communities of Wellpinit and Ford.
The Dawn Mining Company and/or Newmont Mining Company (the
Companies) operated the Mine from 1955 to 1981. The Mill was operated
by the Companies from 1956 until 1982, then from 1992 to 2000 limited
operations resumed for the processing of water treatment plant sludge
from the Mine. Uranium ore was transported over the haul road
throughout the period of Mine operation. More recently it has been used
to haul water treatment plant sludge.
Beginning in the 1950s and continuing today, hazardous substances,
including radiological and non-radiological contaminants, have been
released into groundwater, surface water, and air in the Assessment
Area. As a result, natural resources of the Blue Creek, Sand Creek,
Chamokane Creek watersheds, portions of the Spokane River, the Spokane
Arm of Lake Roosevelt, and other areas have been exposed to elevated
levels of hazardous substances.
In 2000 the U.S. EPA listed the Mine site on the Superfund National
Priorities List. A Remedial Investigation/Feasibility Study is being
developed, and response actions at the Mine include development of a
control system for the management of drainage water. Cleanup of the
Mill is under the authority of the Washington State Department of
Health. A Groundwater Remedial Action Plan was put in place at the Mill
in 1992; the effectiveness of this plan is being evaluated under a
Corrective Action Assessment Plan. Removal actions to address
contamination along the haul road are currently under consideration.
Despite these past actions, releases of hazardous substances from the
Assessment Area continue, and trust natural resources continue to be
exposed to elevated levels of hazardous substances.
The Trustees have completed a Preassessment Screen, which concluded
that there is a reasonable likelihood that natural resources have been
injured and that the Trustees should conduct an assessment to develop a
damage claim under 42 U.S.C. 9607. The Trustees' goal for the
assessment is to fully restore the ecological and human use services
lost or diminished as a result of injuries caused by the release of
hazardous substances from the facility. This phase of the assessment is
the first step in this assessment process. It provides a description of
the Assessment Area, confirms exposure of trust resources to hazardous
substances, and describes the Trustees' approach to injury
determination for surface water, groundwater, air, geological, and
biological resources.
Public Comment Availability
Comments, including names and addresses of respondents, will be
available for public review at the mailing address shown in the
ADDRESSES section, during regular business hours. Individual
respondents who prefer confidentiality and wish to have their name and/
or address withheld from public review or from disclosure under the
Freedom of Information Act, must state this prominently at the
beginning of their written comment. Such requests will be honored to
the extent allowed by law. We will not, however, consider anonymous
comments. All submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses will be made available for public
inspection in their entirety.
Authority
The authority for this action is the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C
9601 et seq.), and published under the authority delegated by the
Secretary of the Interior to the Assistant Secretary for Indian Affairs
in the Departmental Manual at 209 DM 8.
[[Page 33935]]
Dated: May 27, 2004.
David W. Anderson,
Assistant Secretary--Indian Affairs.
[FR Doc. 04-13672 Filed 6-16-04; 8:45 am]
BILLING CODE 4310-W7-P