The Keynot Mine proposed access road would begin just south of New York Butte where an existing road from the Owens Valley to the vicinity of the Burgess mine ends. The route would continue over the ridge north of New York Butte along the crest of the Inyo Mountains continuing up and down steep talus slopes between 9,857 and 10,457 feet elevations. At Forgotten pass, the road passes east of the Keynot Peak and continues down the prominent ridge that separates Keynot Canyon from Beveridge Canyon to the Keynot Mine, cutting through steep talus slopes and dense stands of bristlecone and timber pines. The road design has been accepted by BLM without even the consideration of an environmental impact report. The road's construction realistic estimate, according to the appeal, is one million dollars versus a $40,000 estimate for reclamation posted in the form of a bond by the applicant. Therefore such bond is nowhere near adequate to restore the area in the future, that is, ten years after the mine has been in operation.

The Legal Defense Fund's appeal, however, proposes that if such mining operation proceeds even in the face of opposition from concerned environmental groups, that the use of helicopters* be made and that animal packs be used to transport certain equipment and supplies, as an alternative to building the proposed access road. The appeal faults BLM for an environmental assessment which was inadequate, superficial. in its form, and completely lacking in foresight. BLM should have prepared an Environmental Impact Statement in accordance with the requirements of the National Environmental Policy Act. By the very lack of it, it arbitrarily granted license to the operations of the proposed McFarland mining development plan.

As of this writing, both Doug McFarland and BLM requested an extension of time in which to reply to the Appeal. Their replies were due on May 3rd. The Legal Fund will then file replies to their statements. If IBLA decides to hold a hearing its decision will prevail but this can take up to six months or more. It is conceivable that the Inyo Mountains area would then have a reprieve from development 'till the end of the year. **

If you wish to keep directly informed as to the outcome of any developments on the case, please contact Ms. Deborah S. Reames, Sierra Club Legal Defense Fund, 2044 Fillmore St., San Francisco 94115. How the road, the mining activity and the attendant operations in the area would affect our approach to the peaks will remain to be seen.

(writer's note)
*The use of helicopters would be equally objectionable, no doubt, to wildlife, and to humans who seek quiet and solitude.

**(Or longer if they continue to bury each other in paperwork.)
 
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