DECISION MEMORANDUM: Quartz Dreams Minerals Exploration Project, Nogales Ranger District

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1 United States Department of Agriculture Forest Service Coronado National Forest 303 Old Tucson Road Nogales, Arizona Phone (520) FAX (520) File Code: 1950/2820 Date: Route To: Subject: To: DECISION MEMORANDUM: Quartz Dreams Minerals Exploration Project, FILE USDA Forest Service Coronado National Forest Santa Cruz County, Arizona Section 23, Township 19 South, Range 15 East Gila and Salt River Meridian PROPOSED ACTION The Coronado National Forest (Forest) has received a request from a private individual (Proponent) seeking approval of a Plan of Operation (PoO) for a minerals exploration project [Quartz Dreams Project (QDP)] near Greaterville, Arizona, on the (see attached project map). The PoO, which is attached to this Decision Memorandum (DM), was submitted for review and approval under the authority of the General Mining Act of Several old mine shafts, adits, trenches, pits, open cuts, and waste piles from past mining activities are present on the mining claim where the project is planned. The Forest proposes to authorize the Proponent to implement the project as described in the PoO and summarized below. Approval would authorize the following activities: (1) as needed non-mechanized maintenance of National Forest System road (NFSR) 165 and an unimproved mining road (Yuba Mine) (e.g., removal of rocks, filling of holes with hand tools); (2) fracturing of rock using Micro Blaster 1 (MB) 1 detonators in existing mine shafts and rock formations; (3) placement of a pop-up canopy shelter to protect the area being worked; and (4) reclamation of disturbed land. Activities would begin as soon as an authorization letter from the Forest is granted. All proposed exploration would be done using hand tools or hand-operated battery, gas, and/or electric power tools. Exploration would be authorized for up to one year from the date of approval. A maximum of five workers may be in the project area at one time. Work would be conducted intermittently, primarily on weekends from October through May. Fracturing of rock using MBs would occur during daylight hours only. To expose mineralization, the Proponent proposes to pump accumulated water from an existing inclined mine shaft to another onsite mine shaft or to surface dispersal using an electric or 1 A proprietary gas-producing cartridge. See America's Working Forests - Caring Every Day in Every Way Printed on Recycled Paper

2 battery-powered pump. A rotary hammer drill would make up to 200 holes (5/16-inch by 9 inches each) about 6 inches apart along sections of exposed quartz seams. A parallel row of holes may be drilled below the first, depending on the nature of the resource. The MBs would be placed in the holes and detonated remotely to fracture the rock. Samples would be taken offsite by truck for assay. Up to five tons of rock may be collected and transported off-forest for analysis. The Proponent may also collect material from dumps and washes on the claim, and trenching might also be used to expose mineralization on the surface. Related activities, such as the use of metal-detecting equipment, dry washing, sluicing, and the use of wet-concentrating equipment, may occur. Municipal or well water (no more than 100 gallons at a time) would be transported to the site in a pickup truck for sluicing and use by wet-concentrating equipment. Wastewater would be hauled off-forest for disposal. After completion of fracturing and sampling, the Proponent would remove all non-native materials from the site, backfill any trenches and block road access points to discourage unauthorized entry. The Forest will require a reclamation bond to be posted by the Proponent prior to start-up to ensure that the project area is restored to Forest Service standards. DECISION AND RATIONALE It is my decision to approve mineral exploration activities submitted by QDP in the attached PoO. This DM documents National Environmental Policy Act (NEPA) compliance for the project. Because the proposed action meets the criteria for categorical exclusion (CE) from further NEPA review at 36 CFR 220.6(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 (Service Level D, FSH ) or use and minor repair of existing road, preparation of an environmental assessment or environmental impact statement is not necessary. CONSIDERATION OF EXTRAORDINARY CIRCUMSTANCES Using the best available scientific and commercial information, Forest resource specialists confirmed that there are no extraordinary circumstances associated with the proposed activities that may result in individual and/or cumulative adverse effects on those resources listed in 36 CFR (b)(1) (i through vii). Their determinations below support the applicability of the CE to this proposed action and my decision to approve it. i. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service Sensitive species Determination: The Biologist determined that the proposed activities would have no effect on Federally listed threatened and endangered species and designated critical habitat; and species and habitat proposed for Federal listing. The project would have no adverse impacts on Forest Service, Region 3, sensitive species; Forest management indicator species; and birds protected under the Migratory Bird Treaty Act (Project Record, Item #14) 2

3 ii. Floodplains, wetlands, or municipal watersheds Determination: The Forest Forestry and Watershed Program Manager reported that the proposed project area is not within a floodplain, wetland or municipal watershed (Project Record, Item #27). iii. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas iv. Inventoried roadless areas and potential wilderness areas and v. Research natural areas Determination: A Forest GIS specialist determined that the proposed project area is not located in any of the specially designated areas listed above (Project Record, Item #26). vi. vii. American Indians and Alaska Native religious or cultural sites and Archeological sites, or historic properties or areas Determination: In Heritage Report (Project Record, Item #6), a Forest archaeologist concluded that no historic properties are present at the project site. Although the Yuba Mine is documented as the site of mining activity in the late 1800s, no historic, archaeological, and cultural resources are reported. Because of this, further consultation with the State Historic Preservation Office and Native American Tribes is not required. PUBLIC INVOLVEMENT A Scoping Notice describing the proposed POO was distributed to 600 parties on December 22, The Notice, which was posted on the Forest s public website in a Schedule of Proposed Actions (SOPA) concurrently with distribution, described the proposed action and asked for comments on the scope of the NEPA review. The Forest received 23 replies and 12 postal replies. Most comments were focused on non-environmental administrative issues, such as objections and request for denial of the PoO. All applicable questions and comments were tabulated and addressed by Forest resource specialists in their evaluation of the potential for extraordinary circumstances to affect specific resources. In accordance with a March 19, 2012, legal decision in recent U.S. District Court ruling in Sequoia ForestKeeper v. Tidwell, which invalidated certain sections of the Forest Service s appeal regulation at 36 CFR 215, this DM will be made available to the public for a 30-day comment period, which will be announced in the Nogales International, during the week of June 25, Those individuals and organizations who provide comment or otherwise express interest by the close of the comment period may be eligible to appeal the decision pursuant to regulations at 36 CFR Part 215. This proposed action is listed on a schedule of proposed actions (SOPA) on the Forest s public website. The DM will be posted on the SOPA after I have signed it. 3

4 FINDINGS REQUIRED BY OTHER LAWS National Forest Management Act This proposed action is consistent with direction provided in the Coronado National Forest Land and Resource Management Plan (1986, as amended). The proposed action conforms to Forest Plan Standards and incorporates appropriate Forest Plan guidelines for the management of minerals activity and protection of other resources (pages 5 and 65 of the Forest Plan). Endangered Species Act The Nogales District Wildlife Biologist determined that the proposed action would have no effect on Federally listed or proposed species and critical habitat (Project Record, Item #14). National Historic Preservation Act A Forest Archaeologist determined that no historic properties are present in the project area and that no extraordinary circumstances would adversely affect Native American cultural resources (Project Record, Item #6). ADMINISTRATIVE REVIEW AND APPEAL This decision will be available to the public for a 30-day review and comment period, beginning on the day after a Legal Notice of its availability is published in the Nogales International, which is expected to occur during the week of June 25, Those individuals and organizations that provide comment or otherwise express interest by the close of the comment period may be eligible to appeal the decision pursuant to regulations at 36 CFR 215. Appeals must be submitted in accordance with 36 CFR , , IMPLEMENTATION DATE If no comments are received during the review period, there will be no public appeal period. A Legal Notice of Decision will be published in the Nogales International. The action may then be implemented on the date of publication. If comments are received and an appeal period is offered, implementation of this project may begin according to the timeframes specified in 36 CFR 215.9, which are as follows: (a) When no appeal is filed within the 45-day time period, implementation of the decision may begin on, but not before, the 5th business day following the close of the appeal-filing period (215.15). (b) Except for emergency situations [215.10(c)], when an appeal is filed, implementation may occur on, but not before, the 15th business day following the date of appeal disposition (215.2). In the event of multiple appeals of the same decision, the implementation date is controlled by the date of the last appeal disposition. 4

5 POINT OF CONTACT Questions about the proposed action and this decision may be directed to me at (520) and or Mr. Karl Sandwell-Weiss, Senior Economic Geologist, on (520) and JAMES D. COPELAND Nogales District Ranger Attachments: Plan of Operation: Quartz Dreams Project Project Record # 14: Biologist Determination Project Record # 27: Watershed Determination Project Record # 26: Special Areas Determination and Project Map Project Record # 6: Heritage Determination cc: Rachel A Carroll Karl Sandwell-Weiss 5