small (250x250 max)
medium (500x500 max)
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GREAT WESTERN CHEMICAL Co. June 17, 1993 Governor Cecil Andrus statehouse Boise, ID 83720 Dear Governor Andrus: 1717 EAST FARGO NAMPA, IDAHO 83687 (208) 466-8437 ~~~~~WIE~ JUN 181993 1r¥' Of' tea OF GICJIII&Rf'IOft I am very concerned for the welfare and future of the stibnite Mining operation located 65 miles east of cascade, Idaho, in Valley County. The present road use plan, submitted to the Stibnite Mine, doesn't allow for proper road use to cover the transportation of products into the mine, which would allow this operation to operate at a normal schedule for a 5 month period. The plan is attached: The plan states in Par. 1 that only 4 T/L of hazardous material can be transported per week at a gross weight of 25,000/lb. This would equal 25/ton per week including the weight of the vehicle which the product is transported in. This is an unreasonable amount to consider for this type of operation. This operation employs 130 people at the mine, with many other businesses on the outside in support. The operation at Stibnite is too valuable and important an economic factor for Valley County and the surrounding area to be shut down. Closing an operation of this kind, would have a considerable impact. The ripple effect would be far reaching. This looks like a government out of control. Your valuable input would be appreciated. sincerely, 13~ ~'() Bob Saunders Great Western Chemical co. BS:dc NORTH HOLLYWOOD, SANTA FE SPRINGS. BAKERSFIELD. FRESNO, STOCKTON, MILPITAS, RICHMOND, SANTA ROSA SALT LAKE CITY PORTLAND, EUGENE- SEATTLE. PASCO, SPOKANE- ANCHORAGE, KENAI, FAIRBANKS· VANCOUVER, BC- CALGARY. AB DENVER- PHOENIX, TUCSON- NAMPA, IDAHO FALLS SPARKS, WINNEMUCCA- HELENA • Stibnlte Mine Inc. 9Z I S. Orchord Sallt 0 8olto. Idaho 13105 8alte Ttltphoftt: (201) ]45-1102 Mine Ttlephone: (201) 6J4.7J33 1'1., (101) 31J<OlJ6 June 16, 1993 Mr. Fred DaUber Rraaael Ranqer District ~ayette National Forest P.o. Box 1026 McCall, ID 83638 Dear Fred: Martin Quick informed me that you needed figure• on our chemical, fuel and explosives com•umption. The following comprises all of the materials delivered to the project during 1992. CHEMICAlS Lime Chlorine Nitric Acid Borax Anhydrous carbon Metasorb cauatic Soda Beads Calcium Hypochlorite Miscellaneou•t Pota•sium Nitrate Litharge Hydrogen Peroxide Bone Ash Nitric Acid (Reagent) Fluorspar Silica Sand 300 600 4,000 300 42 100 1,!5!50 TOTAL WEIGHT! 1 1 364,370 Lbs. 172,000 7,560 !5,700 1!5,000 23,000 !5,400 6,892 1,!599,922 Lbs. A whoUy-ownecl olflUatt ol MlnVtn Oold Corponotlon "96 W, JewtU Ave. Sullo 303 0 t.otewood, Colorodo 10232 0 30,_.910-$815 PAX: 303-910-5302 ,. . Hr. Fred Dauber June 115, 1993 Page 2 Ga•oline 4,100 Dieael &14.400 Gal. TOTAL 618,500 EXPIPSIVES ANFO and Detonator• 1,012,000 Lb8. Xf you need any additional information plea•• let me know. Sincerely, ~,..JL.. Don Bork Mine Hanaqer DWB:dja ' ·--~--.~-- United States Department of Agriculture Mr. Don Bork Stibnite Mine Inc. 921 S. Orchard Suite 0 Boise, ID. 83704 Dear Don: Forest Service Cascade Ranger District P . 0 • Box 898 Cascade, ID 83811 Reply to: 7_~90 Date: June 10, 1993 RECEIVED .! u iJ 1 1 1993 STIBNITE MINE INC. Enclosed is your Road Use Permit for the 1993 season. This permit will be come effective upon your signature. Please sign all three copies and return two of them to Tom Ila.ss a.t the above address. In addition to the rules and restrictions stated in this Road Use Permit the following temporary rules will apply: 1. Only 4 loads of hazardous materials may be transported to your operation under this permit each week. A week is defined a.s a seven day period, beginning and ending on Sunday. Ila.za.rdous materials shall include petroleum products and those items listed in the Road Use Permit. 2. Fuel may only be transported in ·vehicles with a. gross vehicle weight of 25,000 lbs or less or In vehicles capable of holding 2,000 gallons or less of fuel oil, and having 2 axles. ·' .. ..~~ .,. .. 3. All other HU&tdous ma.terla.ls ma.y only be transported In vehicles with a. gross vehicle weight of 25,000 lbs or less a.nd having a. maximum of 2 axles. ,. .. As I stated earlier, these a.re only temporary restrictions a.nd ha.ve been Initiated to a.llow for the issuance of the Roa.d Use Permits prior to a.pprova.l of the fina.l B.A. Our dra.ft B.A. Is scheduled for submittal to the Regiona.l Office a.t or around the 21st of June. H you should ha.ve a.ny questions, please ca.ll me or Tom Ha.ss a.t 208-382-4271. Sincerely ~ ~y RONNIE F. JULIAN l.-/ District Ranger cc: Fred Dauber Caring for the Land and Serving People ·--~ . u.s. Department of Aqriculture - Forest Service R 0 A D U S E P E R H I T Authority• Acta of 6/30/14, 4/24/50,6/12/60,10/14/64 (16 u.s.c.49S, 572, 530,c 532-38,and 43 u.s.c. 1702 (Rer FSH 7770) 921 s. orchard, suite o stibnite Mine Inc, of Boise. ID. 83704 (hereafter called the Permittee) and ita contractors, suppliers, and haulers are hereby qranted use of the followinq described National Forest Roads within the BOISE AMD PAT!TTB National Foresta for the followinq purpoaear of haulinq of hazardous materials, petroleum products, commercial products and miscellaneous material, movinq overweiqht and overwidth equipment, and movement of personnel to and from project sites, and other related purpoaea, subject to the provisions of thia permit includinq clauses _l_throuqh IY!l on paqes _l throuqh 11 The road(s) covered by this permit are located in the County of VALLE! , State of tDABO as follower I • ROAD SEGMENTS Road Name warm Lakestanley Johnson Creek Forest Boise Bobe Yellow Pine- Payette Stibnite South Fork Boise Salmon River Payette Road No. Restricted portion Unqth !mil 10579 Beqinninq at the junction with Forest Hiqhway 22 in sec. 2, T. 15 N., R. 6 !., BH, to the junction with the Johnson Creek road 10413 in sec. 12, T. 15 N., R. 7 !., BH. 10413 Beqinninq at the junction with the Warm Lake-Stanley road 10579 in aec. 12, T. 15 N., 50412 10474 50674.2 R. 7 !., BH, to the junction with the Old Cox Ranch road in sec. 32, T. 18 N., R. 8 !. , BH. Beqinninq at the junction with Forest Hiqhway 48 and the Johnson Creek road 10413 in see. 28, T. 19 N., R. 8 !., BM, to Stibnite in see. 11, T. 18 N., R. 9 !. , BM. Beqinninq at the junction with Forest Hiqhway 22 in aee. 1, T. 15 N., R. 6 E., BH, to the junction with Forest Hiqhway 48 in see. 3, T. 19 N., R. 6 !., BH. 1 10.7 16.6 13.4 31.8 ... ··~·~~--~--~--~~--~~~--~------------~~~ Boad Name Forest Road No. Restricted portion L&ngth !mil McCallYellow Pine Payette 50412 FH 148 FAS 13908 Beginning at the Forest Boundary in sec. 10, T. 18 N., R. 4 E., BM to the junction with the Yellow Pina-Stibnite road 50412 in eec. 28, T. 19 N., R. 8 E., BM ~ Thie permit authorize• uae of approximately 113.4 mile• of road. 40.9 This permit is made subject to the following terms, provisions, and conditional 1. Permittee shall comply with applicable Federal or State law and shall comply with State standards for public health and safety, environmental protection, and construction, operation, and maintenance if those standards are more stringent than applicable Federal standards. Furthermore, the permittee ia subject to the regulatory and police power of the State of Idaho and ita political eubdivieione, i.e., Valley County, Idaho. 2. The Permittee ehall cut no timber except as authorized by construction etipulationa or maintenance agreements. 3. The exercise of the uae permitted shall be subordinate to any easement on eaid road previously or eubaequently granted by the United statee to a public road agency for operation as a public highway. This aleo includes all rights-of-way previously granted by statute and/or regulation where no formal easement document was required and/or recorded. 4. The Forest Service may relocate the road to the extent neceaeary to accommodate the management neede of the National Foresta. 5. A permitted road may be unavailable for uae for a period of time due to reconetruction. II. DEFINITIONS, TERMS, AND CONDITIONS GOVERNING USB A. Definitions 1. Recurrent Road Maintenance - Work that ie predicted to be needed on a continuing baeia with accompliehment annually or more frequently. Example• roadway eurface blading, culvert cleaning, duet abatement. 2. Deferred Road Maintenance - Work which can be deferred without significant lose of road eerviceability until such time ae the work can be economically or efficiently performed. !xamplet roadway surfacing replacement, chip-sealing, bridge and culvert replacement. 3. Commensurate Share - A proportionate responsibility for the coat of total (recurrent and deferred) road maintenance obligation of roads covered by this Road Uae Permit. 2 .. 4. Equivalent Unit - In order to equate all typea of vehiclea, it ia neceaaary to expreaa all anticipated traffic in "equivalent unite.• An "equivalent unit (EU)" ie defined ae one light traffic vehicle (9,000 lb max. GVW) moving one way over the road. B. Road Kaintenance!See appendix A and B! 1. Permitteae• 1993-94 eetimated uae of the roads ia.,e follower Warm Lake-stanley Johneon Creek South Fork Salmon River Yellow Pine-Stibnite Monumental Road 2,174 2,174 90 3,696 32 2. Foreat Service (or ita road maintenance contractor) will (a) perform initial apring recurrent road maintenance on South Fork Salmon River, John•on Creek, and Warm Lake-Stanley road• and (b) perform other maintenance on thie road eyatem, commensurate with Foreet-uaer traffic and road investment protection. 3. All Foreat Service commercial timber eale operators will perform recurrent road maintenance aa specified within the individual timber eale contracts. 4. Baaed on Permittee eatimated traffic uae of roads ae shown in B(l), Permittee shall fulfill recurrent road maintenance reaponeibilitiea by making road maintenance depoaite to the Boise National roreat in the following amountat Warm Lake-Stanley $ 749 Johnson Creek $ 4,169 South Fork Salmon River $ 117 YellowPine-Stibnite $ 209+ performance Monumental Road $ 0 + performance McCall-Yellow Pine s Q Total recurrent maintenance deposit $ 5,242 5. Baaed on Permittee estimated traffic uee of roada ae shown in B(l), Permittee ahall fulfill deferred road maintenance obligations by making road maintenance deposita to the Boiee National Foreat in the following amountar Warm Lake-Stanley Johnaon Creak South Fork Salmon River Yellow Pine-Stibnite Monumental Road Total deferred maintenance depoait $ 615 $ 1,942 $ 199 $ 2,710 s 2Q $ 5,396 6. Baaed on total road maintenance depoaita of 110.621,00 made by Permittee to Boiae National Forest, Boise National Forest will aeeume responsibility of providing road maintenance generated by Permittee traffic, baaed on estimated traffic volumes aa shown in B(l). 3 7. On the Yellow Pine-Stibnite-Thunder Mountain road, Permittee shall fulfill recurrent road maintenance obligations. Applicable oad maintenance specifications are in appendix c. The Permittee may be allowed to perform Forest Service ahara of recurrent road maintenance and/or Permittee ahara of deferred road maintenance and deduct up to the total deferred road maintenance depoeit amount for the Yellow Pine-Stibnite-Thunder Mountain road. Ih§ ~raeeel Dietrict Ranger. Payette National roreat. Aball be notified prior to performing any recurrent road maintenance to eneure proper coordination and timing with Foreet Service maintenance activitiee. c. Signing to provide for public safety will be installed and maintained by the Permittee in coordination with the Forest Service and meeting MUTCD standards. D. Should conditions of use warrant, the Foreftt Service shall require measures to avoid, eliminate, or mitigate damage to the road caused by the Permittee's use or maintenance. This may entail, but not necessarily be limited to, the construction of water dipe and lead-out ditches, or restricting use when in Forest Service judgment unrestricted usa could cause excessive damage or create ha~ardous conditione. All such measures shall be to a etandard acceptable to the Forest Service. E. Damage to roads or environment resulting from maintenance operations or use of th• roada by the Permittee or by hi• contractors, suppliers, and hauler• ahall be repaired to a atandard comparable to conditione prior to the time damage reeulted. The Permittee shall not be liable to the United Statee for acta or omieaione of ita contractors. euppliers. or haulers. but the contractora. euppliers. or haulere signatory to thia permit Ieee XVIII shall be. except Permittee ia reaponaible for the acta or omi11iona of it's contractor!. auppliera. or haulera until a conterpart of thie pe;mit taee XVIII ia executed. F. Transportation Procedure• for all Permitted Road• 1. A apill response plan for hazardous materiale and petroleum producte ahall be developed and updated ae neceaeary. The plan shall describe communication procedurea, first aid and containment equipment to be carried in pilot vehicles and atored at identified cache locations, and potential containment and recovery strategies. 2. Drivere ahall complete a safety inapection of transport vehicles with more than three axles and all vehicles transporting hazardoua materiala before leaving the Warm Lake Area and proceeding to minea. 4 3. Petroleum producta ahall be hauled in trucks without trailers only. Hauling of all other hazardous materials ia permitted in aemi-trailere and prohibited in full trailers. Bulk cement may be hauled in trucka with trailers. Hazardous material requirements for shipping papers, marking, labeling, placarding, and shipping containers are specified in the Department of Transportation's Hazardous Materials Transportation Regulations, Code of Federal Regulations, Title 49, Tranaportation, Parte 100-199. Hazardous materials known to be hauled include petroleum products, ANFO, chlorine, calcium hypocfilorlte, cauetic eoda, sodium cyanide, hydrochloric acid, nitric acid, hydrogen peroxide, and exploaivea. 4. On the Thunder Ht. road, maximum speed for all overwidth transport vehicles ehall be 15 miles per hour. On all other permitted roade, maximum speed for overwidth vehicles shall be 20 milee per hour. 5. Pilot vehicles shall precede (1) all overwidth vehiclea, (2) all semi tractor type vehicles pulling any trailer or combination of trailers, (3) ell vehicles with more than 2 axles transporting hazardoue materialea 6. A pilot vehicle shall be a legal width two axle vehicle identified with a "Pilot Vehicle" sign (with 4 inch minimum letters) attached to the front or top of the vehicle and a flashing/rotating cab light. In addition, for any overwidth transport vehicles, a "Wide Load" or "Overeize Load" eign ahall be attached to the front or top of the vehicle. Letter size shall be at least six inchse in height and ehall be black on yellow background. Pilot vehicles shall be equipped with VHF radios for emergency uee only and CB radios for vehicle to vehicle communication. The VHF radios shall be capable of communicating with Valley county Sheriff Dispatch and McCall Fire Department via both the Boiae an~ Payette National Forest's repeater aystem. Firat aid and containment equipment, as identified in the spill reeponee plan, ehall be carried in all pilot vehiclee piloting hazardoue materiale and petroleum products along with a copy of the moat recent spill reeponee plan. 7. All pilot vehicle and hazardoue material drivere shall complete spill response, safety, and reeource awarenese training, at least once annually, prior to traneporting hazardous materiale along permitted roade. B. All traneport vehicles with more than three axlee and all vehiclee transporting hazardous materiale ehall travel permitted roade according to the following echedule1 Inbound traffic shall leave Landmark Monday-Friday after midnight but before 9t00 a.m. and outbound traffic ehall leave Stibnite Monday-Friday after noon and before 9:00 p.m. Vehicles ahall •call-in• at each mile poet marker on CB channel 19 on all unpaved permitted roade. No commercial haul will be allowed on the Fourth of July or Labor· R.n.. 5 .. 9. Tranaportatlon of lime, cement, and petroleum producta shall be permitted according to the above dally schedule (F.7.) Saturday through sunday. No commercial haul ia permitted on the saturday and Sunday immediately followlna the Fourth of July and preceding Labor Day. other transporters and/or exceptions ehall receive prior written or oral approval of the Kraaael or Caacade Diatrlct Ran9•r on a •hart term caee-by-ca•• baei•. 10 New drlvare of traneport vehicles with mora than 'three axlaa and all vahlclae transporting hazardoue material• ahall accompany an experienced driver, in a •lmilar tran•port vehicle, for a minimum of one trip over the permitted roads. on the flret trip ae driver, new drivers will follow, or be accompanied by an experienced driver. 11. Trip delivery loge (data, time, company supplying product, company delivering product, driver, truck and trailer identification, product and quantity delivered) ehall be made available upon request by the Foraet Service. 12. All delivery and pilot vehicle• ehall be properly equipped for inclement weather. Thla equipment shall include but not be limited to anow tires and chaine for all whaele. 13. All roads are eubject to closure by the Forest Service at any time. These cloaurea can be aa a reeult of but not limited to1 fires, weather conditione, road conditione, wildlife concarna, or public eafety. G. South Fork Salmon River and the McCall-Yellow Pine Road Raatrictione 1. Uae of these roads will be on a ahort term caae-by-caae baaie with prior written or oral approval of the Kraaael or Caacada Dietrict Ranger. The use will be contigent upon and may be suspended at any time baaed on Forest Service determination ofa a. "Reasonable accaae" baing available via the Jobnaon Creak Road. Thie ie the preferred route. b. Condition of the wildlife on the winter range along the South Fork Salmon River. c. Condition of the road. d. Prevailing weather patterns. 2. When approval is received, ueera will comply with applicable transportation procedures (F.). 6 H. Bridge Re1trictiona. 1. Groll vehicle loada ahall not exceed the highway legal load limita eatabliahed by the state of Idaho. 2. All non-highway legal loada ahall receive approval from the Foreat Service prior to croaaing bridgea on the permitted roada. 3. Bridge decks shall be protected from damage by whe~l cleats or tracka. 4. Fording of atreama ia not permitted. I. Snow removal or plowing operations ahall be conducted only after notifying tha ~raaael Diatrict Ranger or Caacade Diatrict Ranger and receiving approval in writing. III. PAYMENTS Payments shall be eat at the rates specified in II(B) (4), (5), and (6) and are agreed to be the coat of euch work11 the depoaite or paymente to be made at such timee and in euch amounte aa requeeted by the caecade Dietrict Ranger. Provided, however, that the rate ehall be revieed upward or downward on September 1, 1993, baaed on estimated coats and uaee for that period of time between July 1, 1993 and April 30, 19941 provided further that payment ahall not relieve the P1rmittee and ita contractore, euppliera, and haulera from liability for repair of damage• due to carele11ne11 or negligence on their part. IV. USB PLARS Prior to February 1, 1994, Permittee ahall notify the Caecade District Ranger in writing of (1) the approximate time wh1n euch uae will commence, (2) the anticipated duration of euch uee, (3) the namea and addreeeea of Permittea•a contractor• or agents who will uae the road on behalf of the Permittee, (4) the estimated extant of uae, and (5) euch other information relative to Permittee'& anticipated uae aa the roreat Service may from time to time reasonably requeat. If and when during the year there ie any aignificant change with respect to the information eo eupplied by Permittee, the Permittee will notify the Caecade District Ranger promptly in writing of euch changea. Plana and changea will be approved by the Cascade Dietrict Ranger before uee may commence. 7 V. IRSURAKCE Permittee or hie contractors, suppliers, and haulers shall be required to carry public liability and property damage insurance for the operation of vehicles in the amount• eatabliahed by applicable etate lawa, cooperative aggreementa, or easement• ieeued on the eubject roads. In any event, the Permittee must carry liability insurance and property damage insurance of not less than $100,000 for injury or death to one person, $300,000 ror injury or death to two or more persona, and $100,000 for damage to property. The Permittee itself shall be responsible for furnishing to the Kraeeel District and caacade District Rangers proof of satisfactory insurance when said ·insurance is to be furnished by other than permittee. Proof of satisfactory insurance will be required by the Boise and Payette National Foresta prior to hauling over the roads and will be for the duration of the permit and such insurance policy shall bear an endorsement requiring the issuing company to give 10 daye prior written notice to the Kraeeel District and Cascade District Rangers, of cancellation or material change. VI. PERFORMANCE BOND Ae a further guarantee of the faithful performance of the provision in the definitions, terms, and conditione section of this permit, the Permittee agrees to deliver and maintain a surety bond in the amount of twenty thousand ($20,000) dollars. Prior to undertaking additional construction or alteration work not provided for in the above clau•• or when the improvement• are to be removed and the area restored, the Permittees shall deliver and maintain a surety bond in the amount set by the Forest Service, which amount shall not be in excess of the estimated loss which the Government would suffer upon default in performance of this work. Should the sureties or the bonds delivered under this permit become unsatisfactory to the Forest Service, the permittee shall within thirty (30) days of demand, furnish a new bond with surety, solvent and satisfactory to the Forest Service. In lieu of surety bond, the permittee may make deposita in a federal depository, through the Regional Fiscal Agent, and maintain therein negotiable securities of the United States having a market value of not lees than the dollar amount provided above, and an agreement authorizing the Bond Approving Officer to sell or collect such euretiee if payment is not made within thirty (30) days of request. The Permittee'• aurety bond will be released, or dapoeita in lieu of bond will be returned after certification by the Forest Service that damage to National Forest System lands and resources ia repaired and maintenance is performed in accordance with this permit. Action will be taken no later than thirty (30) days after termination of this permit. The Permittee agrees that all moneys deposited under this permit may, upon failure on hie part to fulfill all and singular the requirements herein eat forth or made a part hereof, be retained by the United States to be applied as far as may be possible to the satisfaction of hie obligations assumed hereunder, without prejudice whatever to any other rights and remedies of the United States. 8 An irrevocable letter of credit with a United statea bank equal to the penal aum of the auraty bond or depoaita will alao be acceptable. Thie credit ahall not expire prior to the termination date of thie permit. VII • CONSTRUCTION, ALTERATION, OR IMPROVBMEJI'.r Con•tructlon, alteration, or improvement work on the road n,ee•••ry to meet accaaa requirement& of the Permittee and not provided for by the provialona of thia permit ahall require prior approval of the Foreat Service. VIII. USB NONBXCLUSIVB The privilege granted in thia permit to uaa thia road ia not excluaive. The Foraat Service may usa thia road and authorize others to use it at any and all timaa. The Permittee shall uaa said road in such a manner as will not unreasonably or unnaceaaarily interfere with the usa thereof by other authorized parsons, including Forest Service. IX. INDEMNIFICATION OF UNITBD STATBS Permittee ahall indemnify the United states for any and all injury, loaa, or damage, including fire auppression costa the United States may suffer as a reault of claima, demands, loaaea, or judgments arising from the Permittee's uae or occupancy of National Foraat land under this permit. In the avant of a toxic and/or hazardous materials spill or any other incident which adversely affacta the lands, waters and/or natural resource• of the United Statal and/or the State.of Idaho, the Permittee ahall immediately taka the necessary actions to implement the State of Idaho Hazardous Hatarials Incident Command and Response Plan of December 5, 1989, as amended. The Permittee shall not be liable to the United states for acta or omissions of ita contractor•. IUpplierB, or hauler•. but the contraetora, euppliera. or hauler• 1lqnatory to thia permit taee XVII I 1hall be, except Permittee i1 ra1pon1ible for the acta or omi11ion1 of ita• contractors, aupplier1. or hauler• until a conterpart of thi1 parrnit Ieee XYIII 11 executed. 1. FIRB PRBVBNTION AND SUPPRBBBION The Permittee •hall take all reaaonable pracautiona to prevent and 1uppre1a forest firea. No material ahall be disposed of by burning in open firea during the closed aaaaon aatablishad by law or regulation without a written permit from the Foraat Service. 9 II, DAHAGB The Permittee shall axerciae diligence in protecting from damage the land and property of the United States covered by and used in connection with thie permit and promptly upon demand ahall pay the United States for any damage resulting from negligence, or from violation of the terms of this permit, or of any law or regulation applicable to the National Foresta by the Permittee or by employees of the Permittee acting within the acope of their employment. Permittee •hall not be liable for acta or omi811ione of ita contractors, suppliers, and haulere. but the contrectore, euppliere. and hauler• signatory to thia oermit Ieee XYII 1 ehall be. except Permittee ie responsible for the ect11 or omi11eions of ita• contractors. 11uppliers. or hauler• until e counterpart of thill permit Ieee XVII! ie axcutad. III. OFFICIALS NOT TO BENEFIT No member of or delegate to Congress or resident commissioner shall be admitted to any ahara or part of thia agreement or to any benefit that may arise herefrom unless it is made with a corporation for ita general benefit. XIII, OUTSTANDING RIGHTS This permit is aubject to all outstanding righta. XIV. SUSPBNSION Upon the failure of the Permittee, ita agents, employees, or contractors to comply with any of the requirements of thia permit, the officer ieauing the permit may terminate, suspend or revoke operatione in pursuance of thie permit. XV, DURATION OF Pl!lRMIT Thia permit will become valid when issued with Forest Officer's signature. Unlaae 11ooner terminated in accordance with the provi11ions of the permit, or revoked by the rora11t Officer, thill permit 11hall expire and terminate on April 30, 1994. IVI,NOTIFICATION The ~raeaal Di11trict Ranger and the caacada District Ranger or their representative shall be notified prior to exercising any of the prlvllegae of thie permit. XVII. COBTRACTOR!I, SUPPLIERS, AND RAULI!lRS OF Pl!lRMITTI!ll!l Contractors, suppliers, and haulers of Permittee shall not uee the National Forest Roads which are the aubject of thia permit unlesll the following condition• are met• 10 .• A. Each contractor, supplier, or hauler ahall executa a counterpart of this permit, which may be a true copy of the aame, which execution means that the contractor, supplier, or hauler agrees tot 1. Indemnify the United states for any and all injury, loae, or damage, including fire auppreaaion coats the United States may auffar aa a reault of claims, demands, losses, or judgements arising from the contractor'e, supplier's, or hauler's use or occupancy of National Foraat land under thia permit. In the avant of a toxio .• and/or hazardoua materials spill or any other incident by tha·· contractor, supplier, or hauler which adversely affects the lands, waters and/or natural raaourcea of the United States and/or the State of Idaho, the contractor, supplier, or hauler shall immediately take the necessary actions to implement the State of Idaho Hazardous Materials Incident Command and Response Plan of Dacmeber 5, 1989, aa amended. 2. Exercise diligence in protecting from damage the land and property of the United States covered by and uaed in connection with thia permit and promptly upon demand shall pay the United States for any damage resulting from negligence, or from violation of the terms of thia permit, or of any law or regualtion applicable to the National Foresta by the contractor, supplier, or hauler or by hie agents or employees acting within the scope of their agency or employment. B. The Permittee ahall be responsible for obtaining the executed counterpart of thia permit, and ahall file the aama with the Forest Service prior to uae of the roada by the contractor, supplier, or hauler. In Witneaa Whereof, the partiea hereto have caused this permit to be duly executed on this '/v/') !1 day of ~V:....-i/f~ .V~(_ _____, 19~.... Thia permit ia accepted subject to all ita terma and conditione. Permittee (Nama) (Title) (Company) Sl t -3"' n -1 1M u "- "t.....s c.. • I USDA - FOREST SERVICE BYt ~ RONN JULIAN cascade District Ranger Boiae National Forest ~~~-4A~ .. a.1 FRED DAUBER 11 ~raasel District Ranger Payette National Forest DRAWER H • NEW MEADOWS • IDAHO 83654 PHONE (208) 347-2111 Governor Cecil D. Andrus State of Idaho Statehouse Mail Boise, ID 83720 June 14, 1993 Re: Triumph MinejSuperfund Cleanup Site Dear Governor Andrus: IT11 fE ~ ~ ~ ~J ~ [] JUN 2 8 1993 1M OFFICE OF GOVERNOR I read with interest an article in The Idaho Statesman on Wednesday, June 9, 1993. I have enclosed a copy of that article for your ready reference. I am the managing partner of the Tamarack Energy Partnership ( "TEP") . TEP owns and operates an electrical cogeneration facility at Tamarack, Idaho, near New Meadows. The cogeneration facility is operated in conjunction with the Evergreen Forest Products, Inc., sawmill and the facility sells the electricity that it generates to Idaho Power Company. The cogeneration facility burns wood waste from the sawmill as its fuel source and creates an ash by-product in considerable quantity. TEP has, on several occasions, had the chemical composition of the ash by-product tested and it has been found to be environmentally benign. The news article on the Triumph mine points up an opportunity that should be considered. The ash is a very fine, somewhat granular substance with a very low Ph. It would serve very well as a "fill" or "cover" material at the Triumph mine site. The chemical and physical properties of the ash provide ideal cover and, in addition, the ash compacts very well. I can provide you with a good amount of research which supports these facts. TEP would be more than happy to provide this ash to state, federal, local, or private entities seeking fill material for the Triumph mine tailings problem or any other such reclamation or Governor Cecil D. Andrus Page 2 June 14, 1993 cleanup project. TEP currently has a substantial amount of ash which could be made available immediately. Please give me your thoughts on this proposal. Thank you. o ert T. Managing Partner Tamarack Energy Partnership RTH/ld WOOD ASH DISPOSAL AND UTILIZATION Accepted for publication by TAP PI Journa 1 by Alton G. Campbell Associate Professor Department of Forest Products University of Idaho Moscow, Idaho 83843 March, 1990 For full document, please contact Boise State University I Albertsons Library Special Collections and Archives 1910 University Dr. Boise, ID 83725-1430 email@example.com, 208-426-3958 C[CIL D. ANOI'I'US -·- OFFICE OF THE GOVERNOR n .. no:.u.TOL BOISE 13'7l0 Prepared Remarks of Cecil D. Andrus Governor of Idaho before the Idaho Mining Association Biennial Convention Sun Valley Lodge Sun Valley, Idaho Auqust 18, 1989 For Delivery: 12:15 p.m. (MDT) (208J 334-2100 --1- Let~ begin this afternoon by saying, as directly and positively as I can, that I truly believe the future of the mining industry in Idaho is as promising today as it was in the 1860 1 s when gold was first discovered in Idaho territory. I want to talk some more about that in a moment. I also want to discuss the role your industry has played in a revitalization of the economy. And I want to give you a few of my thoughts on the current discussions in Washington, D.C. on the Mining Law of 1872. The Mining Industry in Idaho As you know we are nearing the Centennial of Idaho Statehood, and it seems to me altogether fitting that we should be celebrating a renewed strength and promise in the mining industry in Idaho. No industry in the 100 years of Idaho statehood has contributed more to the economy and development of Idaho. Your industry has continued to play a tremendous role in the decade of the 1990's and beyond. The mining industry has a firm place in the future of Idaho. I recognize that, you do, and so do the citizens of Idaho. Just look around the state at what is happening: the Thunder Mountain projectl the Cyprus operation at Challis; and Meridian Minerals has under development a tremendously importance project near Salmon. The fertilizer industry is doing well, and that means the phosphate mines are doing ~ --2-- well. And, of course, there are other projects on the drawing board. Frankly, as I survey the industry, I see only one bleak area and that is, of course, the price of silver. I know that I have a difference of opinion with some in this room about what should be done about that, but the fact remains that the price must be up around $7.50 an ounce in order for the industry to enjoy the stability we would like to see. I know that the argument is made that we operate in a world market where there is a world price for silver and that we can't, or shouldn't, do anything to try to bring that price up. I would remind you that we also have a world market for sugar, and wheat, and lots of other products, but that does not keep us from establishing mechanisms to help maintain the price of those commodities. All I have ever asked for is a level playing field that prevents third world countries, Peru and Mexico for example, from destroying a traditional and terribly important Idaho industry. Is there any doubt in anyone's mind that Peru and Mexico are subsidizing silver production in their countries? Well, fair is fair and, in my opinion, Idaho's silver industry and the jobs and economic impact it provides has the same right to --3-- survive. I hope and pray we will see some improvements in that area. But, with that one big qualifier, I have to repeat my belief that the industry is well positioned for the future in Idaho, and the future is as bright as it has been in many years. The Idaho Economy In fact, the entire Idaho economy is in increasingly good shape. Let me give you a short list of statistics that tell a pretty good story: --Since early 1987, a little over two and a half years, we have created more than 30,000 new jobs in Idaho. --The unemployment rate is down from more than 8 percent to just over 5 percent. --We have enj~yed, in the last 18 months, a one billion, SOD-million dollar increase in salaries and wages paid to Idaho workers. --During calendar 1988 we actually lead the nation in percentage increase in new manufacturing jobs. --we have enjoyed major new business expansion and start-ups in every corner of Idaho. Anheuser-Busch in Idaho Falls, TJ International in Twin Falls, Spears Manufacturing in Jerome, Micron in Boise, Omark in Lewiston, International Mill Service in Kootenai County, several new businesses in Sandpoint, and the list goes on and on. --4-- --we ended the fiscal year on June 30th well in the black, and, frankly, I see no reason why the economic strength should waver during 1990. --During the last legislative session we took further steps to improve the business climate by cutting unemployment taxes by $16 million this year, and $40 million next year. Also, last year, we returned more than $15 million in dividends to state insurance fund customers, and we are working right now to reduce, and if possible stop, an increase in the cost of private workman's camp coverage. All in all, it's a pretty good record. Don't get me wrong. I don't stand before you today to take all the credit for all of this, but I do believe I am entitled to some of the credit. Many people--and certainly people in this room and in your industry--helped bring about this economic turnaround. I don't take all the credit. No one person is going to do it all by themselves, but I'll take some of the credit for putting together a good team in state government, for building an effective Department of Commerce and for working every day to help get things turned around. I also tell you with no hesitation that we have more work to do. Rural Idaho still needs our attention. There are problems that remain to be solved, but I do think the successes of the last year are a testament to what can be done when Idaho people are working together, solving problems and putting the best interests of the state out in front. --s-- If ail this tells us nothing else, it should tell us that confrontational approaches to problems don't work. The sit down and work it out approach does work. Water Quality I am very aware that there has been a deep division in this group over the approach your leadership took in solving the long-running water quality hassle. I know that some of you remain skeptical about how well it will work. Let me say this. This process has brought your president to my office many times with the concerns of your industry. He and I have an agreement that when concerns arise we are going to talk them through. Your industry should have no concerns about being represented and being heard. You are being well represented, and you will be heard throughout this process. The industry will be treated fairly by this Administration. I think you will find if you ask some of the people from Cyprus, for example, that we have been willing to work through the bureaucratic ~red tape~ to see to it that their facility is helped and not hindered in its operations. We have rules and law, of course, but it's our job to work with you to meet the rules. And in the Andrus administration we don't believe in cutting ~red tapeR lengthwise. At the very least, out of this process you--the mining industry--were able to sit down with your alleged adversaries --6-- and work out an agreement that a majority of your membership can live with. In my opinion, that was a significant accomplishment that ~ can take credit for. 1872 Mining Law Now, as I indicated a few minutes ago, I can't come before this distinguished audience without addressing, at least briefly, the repeal, re-write or replacement of the Mining Law of 1872. I have reviewed Senator Bumpers' bill, and I have one piece of advice for you. If you, and the industry, adopt an attitude of blind opposition to any change I am afraid you will loose. My advice is to recognize that reality and become a participant in shaping a law you can live with. You have a choice, it seems to me, of having the law changed with you or without you. There is widespread agreement, in my opinion, about at least a couple of provisions needing a re-write. One is the royalty issue. Right now the cowboys are paying for the right to graze on the public domain. Oil and qas interests are paying. Those who are extracting uranium and coal are paying a royalty, and the Congress and the public frankly expects that a royalty will be paid for other minerals as well. That does not have to mean the end of the industry. .I can't tell you today what the right figure is, perhaps coal --7-- gives us a guide. But the fact is, some changes are going to be made. I am committed to the position that miners ought to have the right to explore for minerals on all public lands that are available for mineral entry. And that miners should have the right to extract minerals under a guaranteed lease arrangement. But I also know that there have been some abuses in the transferring of title to some ground where frankly extraction of minerals was not really the purpose of the lease, There is a current case in the Dunes National Recreation Area where a lease application was made under the 1872 law. The mineral involved is sand, and it appears to some that the real purpose behind the lease is to offer up homesites. The public expects those types of abuses to be addressed, The industry has every right to use the land for locating and extracting minerals, but not for building condos, apartments, bordellos and gambling casinos. I am fully aware that some of you believe that once that law is opened up it could create a great opportunity for mischief that will do real damage to the industry, damage that goes beyond the kind of legitimate concerns I have mentioned. I do fear that if you plant both feet and say ftNo• to any changes, it will spawn a harsh reaction to your stance and you may, in fact, face outright repeal. I offer whatever assistance I can give in this area. I have already tried to make it clear that Idaho 1 s interests are --8-- interwoven with the interests of the industry. We are all citizens of the same state. We have shown that we can work together, and I stand ready today, and every day, to keep that solid relationship in place. --the end-- '. Dear Governor Andrus, lfYU(l '-' ' , .. -~ - ' ' -'~' About four years ago I wrote you a letter pertaining to some dubious logging practices and was grateful for your response. Since then, two things have surfaced that I'd like to comment on. I am hopeful governor that you will be concerned enough to look into them. The first occurs in southeast Idaho where minin~ is a large part of the economy. In the Caribou National Forest were we have elk hunted for five years, mining has taken a toll on the land. I don't begrudge people making a living but must it be at the expense of our national forest. We've watched huge chunks of prime habitat turned into nothing but piles of dirt. Reclamation of this land consists of planting grass. What was once a large stand of aspen, fir, or sagebrush has now been "reclaimed". Reclaimed for what? The forest that was once there is gone. In some places no attempt is even made to reseed. Why aren't these mining companies required to restore the land to what it was, or at least close?. The forests belong to everyone. Why are we letting a handful of companies do irreparable damage to them in the name of jobs or the economy? Requirements for reforestation are in place for the logging industry. Why isn't the mining industry subject to the same rules? One specific area is called Dry Valley. It's located twenty miles northeast of Soda springs. It is significant elk calving area but two different companies have mining rights there. Yes, elk numbers will be affected. They already have been. Idaho Fish & Game seems either uninterested or powerless to do anything. However, Fish & Game is concerned about funding. I'm referring to the tremendous increase in nonresident hunting license fees. Wow when you people propose an increase you don't mess around! In the newspaper article I read an official said he felt the market would bare the increase. The market he refers to must be the people with lots of extra cash around. I've paid 463.00 for deer and elk tags this year. If the current proposal is approved that figure will jump to 650.00. I'm a state worker with a family making thirty thousand a year. With everything on the rise except salaries it's tough to justify that kind of money. Instead of pricing the average person out of hunting, legislators should look to a wider base of funding for fish and game. It's such an important economic resource for all of Idaho yet only sportsmen are expected to shoulder all the costs to support it. Please let me know your feelings on these issues and if I can do anything about them. Sincerely, Jim Ebel 390 N. Hofstetter Colville, Wa. 99114 TO: FROM: DATE: SUBJECT: MEMORANDUM Keith Higginson.~ Wayne T. Haas$~ March 9, 1993 Cascade/Deadwood Storage Negotiations with USBR The purpose of the memorandum is to summarize some of the key points addressed in the draft contract with the Bureau of Reclamation. Cost of Storage - Draft Contract The cost of Cascade storage is $11.218 per acre feet. The total investment cost for cascade is 300,000 acre feet x $11.218 = $3,365,400. The cost of Deadwood storage is $9.309 per acre feet. The total investment cost for Deadwood is 80,000 acre feet x $9.309 = $744,720. The total contract cost is $3,365,400 + $744,720 = $4,110,120 Cost of Storage - Proposed by USBR. Washington D.C. The staff of USBR in Washington D.C. originally proposed that the allocated cost be indexed at 3 percent from the date of construction to present. This would increase the investment cost of Cascade to $12.4 million and Deadwood to $4.5 million for a total cost to the state of $16.9 million. Annual Operation and Maintenance Costs The draft contract would provide that the state would pay a percentage of the total operation and maintenance costs for the two projects. At the present time, the state's allocated percentage would be 11.8 at Cascade for a cost of $26,450 and 10.82 at Deadwood for a cost of $26,800. The 1993 O&M cost to the state would have been $53,250. The following annual O&M costs were provided by the USBR: (Federal Fiscal Year) ~ 1987 1988 1989 1990 1991 1992 1993 (est) cascade $ 60,893 76,256 79,701 119,161 165,807 316,352 224,200 Deadwood $ 51,168 39,778 49,493 80,944 110,249 138,186 247,700 State Share $12,721 13,302 14,760 22,819 31,494 46,587 53,250 The O&M costs have taken a jump to over $50,000. Since the primary benefits are for resident fish & wildlife, recreation, and water quality, some consideration could be given to assigning some portion of the cost to the Fish & Game fee account. Benefits to Other Parties The original authorization/appropriation to the IWRB provided for the possibility of assigning some portion of the cost to other parties that would benefit from maintaining the water level at Cascade and Deadwood. At the time this was assumed to be the recreational development (Valbois) at Cascade. It would appear that Idaho Power Company has and will continue to receive a direct benefit from the contract. The headwater benefits calculation by FERC attributed considerable benefits to the Cascade and Deadwood Projects. The FERC study indicates Energy Gains of 13,820 Mwh for Cascade and 20,327 Mwh for Deadwood. If the contract avoided further consumptive use (there are requests for additional irrigation contracts), each acre foot available to pass through the Hells Canyon complex would provide revenue to the company. The Idaho Power Company has taken the position the contract would have little if any direct value to the company. They state this conclusion is based on Model Studies they have made. An independent analysis could be made by a consultant to evaluate the assumptions and results of the Idaho Power Company Model Studies and the information used by the department. The money for this type of study is not available in the department budget. Perhaps the study cost could be taken from the $3 million already appropriated for the cascade/Deadwood storage negotiations. OFFICE OF THE GOVERNOR CECIL D. ANDRUS GOVERNOR Joseph A. Scheuering STATE CAPITOL BOISE 63720-1000 February 8, 1993 General Manager, Development Noranda Minerals Corp. 2501 Catlin, Suite 201 Missoula, Montana 59801 Dear Mr. Scheuering: (208) 334·21 00 I write to draw attention to a problem at the Blackbird Mine Site that must be immediately resolved. The problem centers upon the West Fork Tailings Dam and the presence of extremely high concentrations of hazardous substances in the front of and within the tailings dam. Over the past twelve years, everyone who has examined the dam, including your own contractors, has raised concerns about the potential collapse of the West Fork Tailings Dam. In 1981, ESA Geotechnical Consultants reported to the U.S. Forest Service that there may be a significant problem with the culvert that passes beneath the tailings dam. In 1984, a U.S. Forest Service study likewise questioned the integrity of the culvert that passes beneath the tailings dam. The reports reveal that the culvert is designed to contain only a fourteen-year flood event. For at least the past five years, snowpack at the site has been substantially below normal; this year's snowpack, however, is at or above normal. A potential, thus, currently exists for a fourteen-year flood event. If runoffs exceed capacity, water could run over the top of the dam like a giant weir. Water would then erode the downstream side of the earthen dam, leading to collapse. Another concern is whether the culvert can handle pressurized flows. If the flows become pressurized by water pending above the inlet, leaks around the culvert's joints could cause seeps through the dam. Internal erosion of this type has caused catastrophic collapses of older earthen dams like the West Fork Tailings Dam. In 1988, Morrison-Knudsen Engineers concluded that the dam may be too steep and that a more stable slope configuration is advisable. Concerns also were expressed about the stability of the dam in the event of an earthquake. The presence of geologic faults in the valley where the dam is located underscore this concern. In September of 1988, the state requested that the Noranda Companies take appropriate measures to address the condition of the West Fork Tailings Dam. Nothing apparently was done. Throughout Joseph A. Scheuering February 8, 1993 Page 2 1992, in several meetings with representatives of your company, the state has again requested that the Noranda Companies take appropriate measures to address the dam's condition. No action of any substance apparently has been taken. Inaction cannot be countenanced any more. The West Fork Tailings Dam impounds about 2,000,000 tons of tailings from the mine's milling operations. In October of 1992, a consultant to the state of Idaho was at the site and took samples from tailings that had just been dumped at the base of the dam. The consultant's analysis of those samples, which was just recently completed and provided to your company, reveals extremely elevated concentrations of hazardous substances, including 12,100 mg/kg arsenic, 5,060 mg/kg cobalt, 17,200 mg/kg copper, and 298 mg/kg zinc. Site-wide, the average concentration of arsenic is approximately 3,500 mg/kg. For comparative purposes, a recent emergency action performed by the U.S. Environmental Protection Agency involved relocating the town of Mill Creek, Montana because of risks posed by concentrations of arsenic (and, to a lesser extent, cadmium) in soils that contained an average of 612 mg/kg of arsenic, with a maximum reported value of 4,080 mg/kg. The disclosure of the alarmingly high concentrations of hazardous substances, coupled with the dam's uncertain condition, poses an imminent and substantial threat to the environment. If the dam or its culvert fails, large quantities of hazardous substances will be released into tributaries of and will ultimately reach the Salmon River. It would be a catastrophe for Idaho's River of No Return. Please let me know what measures the Noranda Companies will take to address the dam's condition and to mitigate the presence of the extremely high concentrations of hazardous substances in the tailings that the dam impounds. Due to the immediacy of the problem, I request an answer within fourteen (14) days. Also, be advised that we have requested EPA to take emergency action under Section 106 of CERCLA if you fail to act. I look forward to hearing from you. CDA:abf cc: John White Sincerely, ~oc:R~. Cecil D. Andrus Governor
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|Description||Cecil Andrus correspondence and documents concerning chemicals used in mining. U.S. Department of Agriculture- Forest Service Road Use Permit.|
|Subject (TGM I)||
|Location (TGN)||Valley (Idaho, United States : county)|
|Location (TGN) ID||2000494|
|Source||Cecil Andrus Papers, MSS 141.2, Box 333, Folder 6. Boise State University Special Collections and Archives.|
|Contributing institution||Boise State University, Albertsons Library Special Collections and Archives|
|Original physical format||document|
|Ordering and permissions||The contents of this item, including all images and text, are for personal, educational, and non-commercial use only. The contents of this item may not be reproduced in any form without the express permission of Boise State University Special Collections and Archives. For permissions or to place an order, please contact the Head of Special Collections and Archives at (208) 426-3958 or firstname.lastname@example.org.|
GREAT WESTERN CHEMICAL Co.
June 17, 1993
Governor Cecil Andrus
Boise, ID 83720
Dear Governor Andrus:
1717 EAST FARGO NAMPA, IDAHO 83687 (208) 466-8437
Of' tea OF GICJIII&Rf'IOft
I am very concerned for the welfare and future of the stibnite
Mining operation located 65 miles east of cascade, Idaho, in Valley
The present road use plan, submitted to the Stibnite Mine, doesn't
allow for proper road use to cover the transportation of products
into the mine, which would allow this operation to operate at a
normal schedule for a 5 month period.
The plan is attached:
The plan states in Par. 1 that only 4 T/L of hazardous material can
be transported per week at a gross weight of 25,000/lb. This would
equal 25/ton per week including the weight of the vehicle which the
product is transported in.
This is an unreasonable amount to consider for this type of
This operation employs 130 people at the mine, with many other
businesses on the outside in support.
The operation at Stibnite is too valuable and important an economic
factor for Valley County and the surrounding area to be shut down.
Closing an operation of this kind, would have a considerable
impact. The ripple effect would be far reaching. This looks like
a government out of control.
Your valuable input would be appreciated.
Great Western Chemical co.
NORTH HOLLYWOOD, SANTA FE SPRINGS. BAKERSFIELD. FRESNO, STOCKTON, MILPITAS, RICHMOND, SANTA ROSA
SALT LAKE CITY PORTLAND, EUGENE- SEATTLE. PASCO, SPOKANE- ANCHORAGE, KENAI, FAIRBANKS· VANCOUVER, BC- CALGARY. AB
DENVER- PHOENIX, TUCSON- NAMPA, IDAHO FALLS SPARKS, WINNEMUCCA- HELENA
Stibnlte Mine Inc.
9Z I S. Orchord Sallt 0
8olto. Idaho 13105
8alte Ttltphoftt: (201) ]45-1102 Mine Ttlephone: (201) 6J4.7J33 1'1., (101) 31J|