Decision Memo Halliburton Ann Exploration Project U.S. Forest Service Austin Ranger District, Humboldt-Toiyabe National Forest Nye County, Nevada

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1 Decision Memo Halliburton Ann Exploration Project U.S. Forest Service Austin Ranger District, Humboldt-Toiyabe National Forest Nye County, Nevada Background The Ann Exploration Project is located on the east flank of the Toquima Range on National Forest System land administered by the U.S. Department of Agriculture, Forest Service, Austin Ranger District. The project proponent, Halliburton Energy Services (Halliburton), proposes to conduct drilling operations at this location. The proponent s need is to determine if an economically viable barite deposit exists within the proposed Project Area, and confirm the grade and thickness of the barite deposit. The statutory right of the proponent to explore and develop mineral resources on federally-administered lands is recognized in the General Mining Law of 1872, and is consistent with the Toiyabe National Forest Land and Resource Management Plan of 1986 (IV-50). Surface management regulations require that all mineral exploration, development, and operations activities be conducted in a manner that minimizes adverse environmental impacts on National Forest surface resources (36 CFR 228.8). Location The attached figure 1 shows the project location approximately 26 miles north of Belmont, Nevada off Highway 82; figure 2 locates the project area within portions of Township 13N, Range 46E, sections 28 and 33. Proposed Action Halliburton proposes to drill up to 12 drill holes to verify grades and thickness of the barite ore deposits. (See figure 3). Existing roads and drill pads will be used and no road or drill site construction is proposed. If sumps are required to trap drill cuttings and to control water overflow generated during drilling, they will measure approximately ten feet wide by five feet long by five feet deep and will be excavated within the existing pad limits. One end of each sump will be sloped to provide escape routes for potentially trapped animals. An effort will be made to utilize previously disturbed areas, some of which have been reclaimed. Some vegetation growing on the existing roads may be cleared for safety and to the reduce chance of fire. The proposed activities will occur on approximately 3.1 acres of existing disturbance; no new disturbance is proposed. Depths of reverse-circulation or core drill holes are estimated to be between approximately 200 and 600 feet below ground surface. Mechanized equipment proposed for the project includes: truck-mounted reverse circulation or core drill rigs; one pipe truck with all-terrain, rubber tires; one 4,000 gallon water truck with all-terrain, rubber tires; and one D7-class dozer. Other supporting vehicles may include: four-wheel drive pickup trucks, a CAT 325C-class excavator, an auxiliary generator, a portable light plant, and an ATV. The water truck will make one to five trips per day to the site and pickups will make two to three trips per day. One pickup truck will be used for fueling and servicing the other equipment. 1

2 The drill pads and sumps will be regraded to pre-exploration slopes, roads will be pulled back to contour, and removed soil will be spread on top of regraded areas. An approved U.S. Forest Service weed-free seed mix will be applied to all disturbed areas. Environmental protection measures will be implemented to minimize potential negative effects to resources including air quality, water quality, solid wastes, scenic values, wildlife and vegetation, cultural resources, and hazardous substances as described in the Plan of Operations or mitigation measures described below. Decision I have decided to approve exploration activities for the Ann Exploration Project on the Humboldt- Toiyabe National Forest, as described above under the Proposed Action and further detailed in Ann Exploration Project Plan of Operations with modifications. The modifications are required changes/modifications/special mitigations that are hereby incorporated into Section VI of the Plan of Operations. The complete list of additional required modifications is included in the project record, and will be incorporated into the plan of operations (Section VI required changes/ modifications/special mitigation). These include measures specific to: Bond Update and Bond Release Criteria, Cessation of Operations and Removal of Structures and Equipment; Departure from approved Plan of Operations; Other Mitigation; Fire Prevention and Control; Noxious Weed/Undesirable Plant Control; and Road Use and Maintenance. Total length of program implementation will not exceed one year from initiation of approved activities. It is also my decision that this project is categorically excluded from documentation in an Environmental Impact Statement or an Environmental Assessment for the following reasons: This project falls within the category of actions described at 36 CFR (e)(8) - Short-term (one year or less) mineral, energy, or geophysical investigations and their incidental support activities that may require cross-country travel by vehicles and equipment, construction of less than one mile of low standard road, or use and minor repair of existing roads. Pursuant to 36 CFR 220.6[b], no extraordinary circumstances exist based upon a review of the following resource conditions: a. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species: Listed and Proposed species - There are no federally threatened or endangered species or critical habitat within the project area. No proposed critical habitat is within the project area, and no species proposed for listing were identified within the project area during wildlife field inventories conducted on July 6-9, Consultation with the USFWS was not warranted for this project. (Ann Exploration Project Special Status Species Report, September 2011). Forest Service Sensitive Species - No Forest Service sensitive plant or animal species were found during wildlife and botanical field inventories conducted on July 6-9, 2011and June 13, 2011, respectively. The proposed project may affect individuals, but is not likely to result in a trend toward Federal listing or loss of viability for the six 2

3 sensitive wildlife species having the potential to occur at the site: Northern Goshawk (Accipiter gentilis), Greater Sage-grouse (Centrocercus urophasianus), spotted bat (Euderma maculatum), Townsend s big-eared bat (Corynorhinus townsendii pallencens), pygmy rabbit (Brachylagus idahoensis), and desert bighorn sheep (Ovis canadensis nelsoni). No management recommendations for these species are necessary. (Biological Evaluation/Specialist Report Ann Exploration Project Austin/Tonopah Ranger District Humboldt-Toiyabe National Forest, October 2012). I have reviewed the project file and find the activity will have a minor impact on these resources. b. Floodplains, wetlands, or municipal watersheds: I have reviewed the project file and find the activity will have no impact on this resource. No project activities are proposed in flood plains or wetlands. No municipal watersheds lie within or adjacent to the project. c. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas. I have reviewed the project file and find the activity will have no impact on this resource. The project area is not located in, nor will the project have any negative direct, indirect, or cumulative impacts on, any congressionally designated areas. d. Inventoried roadless areas. There are no inventoried roadless areas within the project area. I have reviewed the project file and find the activity will have no impact on this resource. e. Research natural areas. There are no research natural areas within the project area. I have reviewed the project file and find the activity will have no impact on this resource. f. American Indians and Alaska Native religious or cultural sites I have reviewed the project file and find the activity will have no impact on this resource. g. Archaeological sites, or historic properties or areas. The project will have no adverse effect upon archeological sites, or historic properties or areas. SHPO concurrence was received on March 9, Public Involvement This action was originally listed as a proposal on the Humboldt-Toiyabe National Forest Schedule of Proposed Actions beginning in October of 2011 and updated periodically during the analysis. A Public Scoping Notice was sent to potentially concerned individuals and organizations on August 25, A Notice of Proposed Action document was also sent to potentially concerned individuals and organizations on April 11, The legal notice of proposed action was posted in the Battle Mountain Bugle on April 18, 2012 and the 30-day public comment period ran until May 18, No comments were received from the public or other parties. Tribal Involvement A letter soliciting comments on the Proposed Action was provided to local American Indian Tribes on January 11, No comments or issues were identified by the tribes contacted. 3

4 Findings Required by Other Laws and Regulations My decision is consistent with the Toiyabe National Forest Land and Resource Management Plan (1986), as amended The project conforms to forest plan goals and objectives, and standard and guidelines for minerals, recreation, cultural resources, soil and water, wildlife and fisheries. My decision complies with the: The Mining Act of May10, 1872, as amended, 30 U.S.C (1994): confers a statutory right to enter upon the public lands to search for minerals. 37 CFR 228 Subpart A-Locatable Minerals FSM 2600 Wildlife, Fisheries, and Sensitive Plant Habitat Management; FSH Wildlife and Fisheries Program Management Handbook Endangered Species Act Migratory Bird Treaty Act National Clean Water Act, as amended Executive Order11988 Floodplain Management National Historic Preservation Act and 36 CFR Part 800-The Section 106 Process Humboldt-Toiyabe FSM Supplement to Chapter 2080 Noxious Weeds Management FSM 7711 Transportation Analysis Executive Order Environmental justice Administrative Review (Appeal) Opportunities There were no comments received during the comment period, therefore the project is not subject to appeal (36 CFR ). Implementation Date The actions described in this decision may be implemented immediately following publication of the legal notice for this decision; pending compliance with reclamation bonding requirements (36 CFR ), and approval of the final Plan of Operations by the Forest Service. Due to compliance with Migratory Bird Treaty Act, either a migratory bird survey would be conducted with avoidance being in place for their protection, or no construction is to be conducted outside of the avian breeding season of May 1 through July 15 of each year. Responsible Official The responsible official for this project is Steven Williams, Austin-Tonopah District Ranger, Humboldt-Toiyabe National Forest, 100 Midas Canyon Road, Austin, NV 89049, telephone (775)

5 Contact For additional information concerning this decision, please contact Jim Rigby, Tonopah Ranger District, P.O. Box 3940, Tonopah, Nevada, Phone jrigby@fs.fed.us. /s/ Steven Williams 11/7/12 Steven Williams Date District Ranger The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, or marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC or call (202) (voice and TDD). USDA is an equal opportunity provider and employer. 5