DECISION MEMO. Aurora New Horizons Project

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1 Page 1 of 7 Background DECISION MEMO USDA Forest Service Madison Ranger District Madison County In 2005 a decision covering approximately the same proposal was analyzed and a Decision Memo was signed. No work was ever completed under that decision due to illness of the proponent. The role of the Forest Service is to ensure that mining activities minimize adverse environmental effects on National Forest System resources and comply with all applicable environmental laws. Congress has not given the Forest Service authority to unreasonably circumscribe or prohibit reasonably necessary lawful activities under the 1872 General Mining Law. The project is located in the Tobacco Root Landscape, Meadow Creek Management Area at T4S, R2W, in Section 16. Decision I have decided to authorize Mr. Swanson to complete up to nine test sampling pits along the south side of Aurora Creek within the existing disturbed ground at the mine site. All sites are in old sample pits tested in the 1970s and 80s. Test pits will be about 2 feet wide and up to 10 feet long, excavated with a rubber tired backhoe. Material will be run through a portable wash plant and each test pit will act as its own settling pond. Water will recirculate from the pit through the wash plant and back to the pit. No overland flow will take place. It is about 90 feet from Aurora Creek to the closest test pit, while most are situated over 120 to 150 feet away. Ground at the pit sites is relatively flat reducing the potential for water to flow into Aurora Creek. The top 8 to12 inches of soil will be set aside and used to cap the pit when reclaimed. Each pit will be filled and returned to the original contour of the site. The proponent and project administrator will monitor disturbed areas for noxious weeds and establishment of native vegetation. If revegetation does not occur, the sites will be seeded with certified noxious weed seed free native plant seed. Mitigation and Design Features Required by This Decision: Aquatics No fuel or other toxicant storage or fueling of equipment should occur within RCA's (100 ft. from the stream channel).

2 Page 2 of 7 Report all spills of hazardous substances to the aquatics specialist, regardless of minimum quantities identified in the Spill Management and Reporting Policy. When crossing stream channels with motorized vehicles is unavoidable, the operator will obtain prior approval from the District Minerals Administrator and define the exact location of all temporary crossings and any necessary temporary crossing structures. Operator will adhere to MTDEQ regulations for: 1) water discharge permitting, 2) water quality monitoring, 3) pipeline rupture emergency mitigation plan, and 4) proper containment procedures once operations have ceased. Operator will monitor and provide mitigation for discharge water. In the event that sediment or water discharge unexpectedly flows overland and reaches perennial stream courses the operator will cease work and contact the District Minerals Administrator. Prior to pumping any water or transitioning pumps between water sources in the project area (if applicable), all equipment that will be in contact with the water will be submersed in a disinfectant solution of 5% liquid bleach (1 part bleach: 20 parts water) for one hour then rinsed thoroughly with clean water to prevent transmittal of Aquatic Nuisance Species (ANS). Heritage If any additional historic or prehistoric cultural resources are discovered during the course of project implementation the operator will stop work and notify the District Minerals Administrator who will contact the Forest South Zone Archaeologist and Heritage Tribal Officer. Wildlife Soils All activities associated with this proposal would follow attractant management guidelines as detailed in Beaverhead-Deerlodge NF Food Storage Order 2004-D6/D7-31 for the Madison and Jefferson Ranger District. Activities will occur when soils are dry to avoid compaction and rutting by machinery. Operator will cease work if ruts greater than 1 inch occur in the soil. Scenery Retain existing conifer regeneration as feasible. Reclamation of the site will include removal of all garbage and debris. Noxious Weeds Noxious weeds will be controlled following procedures in the Noxious Weed Control Program ROD (2002) for the. Reasons for Categorically Excluding the Proposed Action An action may be categorically excluded from further analysis and documentation in an environmental impact statement (EIS) or environmental assessment (EA) if it is within one of the categories identified by the USDA in 7 CFR part 1b.3 or 7 CFR part 1b.3 or 36 CFR 220.6(d) or (e), and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative effect on the quality of the human environment.

3 Page 3 of 7 This project has been reviewed in accordance with FSH Chapter 30. I have determined the project fits within the following category: 36 CFR (e)(8). Short term 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 My decision is based on a review of the project record that shows a thorough review of relevant scientific information, a consideration of responsible opposing views, and the acknowledgement of incomplete or unavailable information. The record includes the following resource specialist reports: Biological Assessments and Evaluations for Aquatics, Botany, and Wildlife Tribal and Heritage Resource findings Soils Report Hydrology Report Recreation Report Scenery Report By definition, categorical exclusions do not individually or cumulatively have significant effects on the human environment (40 CFR ). Resource specialists considered direct and indirect effects from the proposed action coupled with past, present, and reasonably foreseeable actions. I have examined the proposed action and the effects analyses disclosed in the above resource specialist reports and have concluded that without notable individual effects from the proposed action, there would be no discernable cumulative effects. The interdisciplinary team reviewed the resource conditions listed in FSH Chapter 30 (31.2) and other concerns applicable to this project to determine whether any extraordinary circumstances exist. The mere presence of one or more of the resource conditions listed below does not preclude the use of a categorical exclusion. It is the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions and if such a relationship exists, the degree of potential effect of a proposed action on these resource conditions that determine whether extraordinary circumstances exist. The resource specialist reports have provided the necessary information to make a determination on the causeeffect relationship between the proposed action and the potential effect on the resource conditions listed below and thus the presence of extraordinary circumstances, as summarized below: RESOURCE CONDITION Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. POTENTIAL EFFECT Threatened or Endangered Species: There would be no effect to the threatened grizzly bear. Sensitive Species: May Impact Individuals Or Habitat, But Will Not Likely Contribute to a Trend Towards Federal Listing or Loss of Viability to the Population or Species of Boreal Toads. No Impact all other Sensitive aquatic, terrestrial, and plant species. Floodplains, wetlands, or municipal watersheds Negative impacts to a municipal watershed, floodplains, or wetlands are not projected. The project is proposed in the RCA but the flat nature of the terrain will prevent effects to area streams.

4 Page 4 of 7 RESOURCE CONDITION Congressionally designated areas, such as Wilderness, Wilderness Study Areas, or National Recreation Areas. Inventoried Roadless Areas (IRAs) Research Natural Areas American Indians and Alaska Native religious or cultural sites. Archaeological sites, or historic properties or areas. POTENTIAL EFFECT No congressionally designated areas occur in or near the project; therefore no negative impacts to any congressionally designated areas are projected. There are no IRAs inside or adjacent to the project area. Therefore, negative impacts to any research natural areas are not projected. There are no research natural areas within the project area. Therefore, negative impacts to any research natural areas are not projected. The project will have no adverse effect on historic properties. A categorical exclusion is appropriate in this situation because the proposed action fits within the category described above and there are no extraordinary circumstances present. Scoping and Public Involvement The project was published on the SOPA November 20, 2013 and provided to 82 interested members of the public, tribes and other agencies for comment during a 30 day comment period from November 22 to December 21, We received only two letters in response to the comment solicitation for the project. The Shoshone Bannock Tribe wrote to request incorporation of a clause regarding inadvertent discovery of cultural resources or human remains. That clause is included in the Design Criteria and Mitigation section above. The State Historic Preservation Offices replied asking for clarification of Section 106 consultation which was completed and documented by a concurrence letter on September 9, The full content of all correspondence is available upon request. Forest Plan Direction The National Forest Management Act (NFMA) requires the development of long-range land and resource management plans. The Plan was approved in 2009 and provides guidance for all natural resource management activities on the. NFMA also requires that all projects and activities be consistent with the plans. The decision is consistent with Forest Plan direction including all applicable standards. The proposed exploration mining project is consistent with the January 2009 Beaverhead-Deerlodge National Forest Land and Resource Management Plan (Forest Plan, USDA Forest Service 2009). Forestwide Goal: Minerals, Oil, and Gas Goal (Pg. 27) Locatable Minerals: Locatable minerals are developed on all parts of the Forest not withdrawn from locatable mineral entry in accordance with the 1872 Mining Law, regulations, and national direction.

5 Findings Required by Law Page 5 of 7 National Forest Management Act - The Land and Resource Management Plan (Forest Plan) was approved in 2009, as required by this Act. The Forest Plan has been reviewed in consideration of this project and the project meets all applicable management direction found in the 2009 Beaverhead-Deerlodge Forest Plan including consistency with all applicable standards. On April 9, 2012 the Department of Agriculture issued a final planning rule for National Forest System land management planning (2012 Rule) 77 FR 68 [ ]). None of the requirements of the 2012 Rule apply to projects and activities on the, as the 2009 Beaverhead-Deerlodge Forest Plan was developed under a prior planning rule (36 CFR (c)). Furthermore, the 2012 Rule explains, [The 2012 Rule] supersedes any prior planning regulation. No obligations remain from any prior planning regulation, except those that are specifically included in a unit s existing plan. Existing plans will remain in effect until revised (36 CFR ). Endangered Species Act - See Reasons for Categorically Excluding the Proposed Action Section of this document for a thorough discussion of the effects of this project to Endangered, Threatened, or Candidate Species. This project is consistent with the requirements of the Endangered Species Act. Sensitive Species (Forest Service Manual 2670) - This direction requires analysis of potential impacts to sensitive species and the Regional Forester approved the sensitive species list on February 25, 2011 (updated August 26, 2011 to include white bark pine which reflects the inclusion of species as a candidate for listing on the USFWS TES list for the BDNF as of July 2, 2013.) Our review of the potential effects of this decision upon the sensitive species has been completed and the analysis documented in the project file and Resource Condition Table above. Environmental Justice (Executive Order 12898) - This Order requires consideration of whether projects would disproportionately affect minority or low-income populations in or around the project area. Based on internal review and public scoping, the proposed action did not identify any adversely impacted local minority or lowincome populations. Clean Water Act The intent of the Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through the use of Best Management Practices (BMPs). This decision incorporates Best Management Practices to ensure protection of soil and water resources and complies with the Clean Water Act and State water quality standards. Clean Air Act Under this Act, areas of the country were designated as Class I, II or III airsheds for Prevention of Significant Deterioration purposes. Impacts to air quality have been considered for this decision. All burning will be conducted under the guidelines of the Idaho/Montana State Airshed group. Burn permits will be obtained per Montana DEQ regulations. The National Historic Preservation Act As discussed earlier in this document and in detail in the project file, impacts to cultural resources are not expected. Migratory Bird Treaty Act There will be no known substantial losses of migratory bird habitat expected from the implementation of this proposal. National Environmental Policy Act - This Act requires public involvement and consideration of potential environmental effects. This document and the project record provide documentation for this decision which supports compliance with this Act (See Section II of this document). Other Laws or Requirements The proposed action is consistent with all other Federal, State, and/or local laws or requirements.

6 Administrative Review or Appeal Opportunities Page 6 of 7 This decision is subject to appeal pursuant to 36 CFR 215. A written appeal must be submitted within 45 days following the publication date of the legal notice of this decision in the Montana Standard, newspaper of record, Butte, MT. It is the responsibility of the appellant to ensure their appeal is received in a timely manner. The publication date of the legal notice of the decision in the newspaper of record is the exclusive means for calculating the time to file an appeal. Appellants should not rely on date or timeframe information provided by any other source. Paper appeals must be submitted to: USDA Forest Service, Northern Region, ATTN: Appeal Deciding Officer, P.O. Box 7669, Missoula, MT Or USDA Forest Service, Northern Region, ATTN: Appeal Deciding Officer, 200 East Broadway, Missoula, MT Office hours are 7:30 a.m. to 4:00 p.m., Monday through Friday. Electronic appeals must be submitted to: appeals-northern-regional-office@fs.fed.us. Faxed appeals must be submitted to: Fax: (406) In electronic appeals, the subject line should contain the name of the project being appealed. An automated response will confirm your electronic appeal has been received. Electronic appeals must be submitted in MS Word, Word Perfect, or Rich Text Format (RTF). It is the appellant's responsibility to provide sufficient project- or activity-specific evidence and rationale, focusing on the decision, to show why my decision should be reversed. The appeal must be filed with the Appeal Deciding Officer in writing. At a minimum, the appeal must meet the content requirements of 36 CFR , and include the following information: the appellant s name and address, with a telephone number, if available; a signature, or other verification of authorship upon request (a scanned signature for electronic mail may be filed with the appeal); when multiple names are listed on an appeal, identification of the lead appellant and verification of the identity of the lead appellant upon request; the name of the project or activity for which the decision was made, the name and title of the Responsible Official, and the date of the decision; the regulation under which the appeal is being filed, when there is an option to appeal under either 36 CFR 215 or 36 CFR 251, subpart C; any specific change(s) in the decision that the appellant seeks and rationale for those changes; any portion(s) of the decision with which the appellant disagrees, and explanation for the disagreement; why the appellant believes the Responsible Official s decision failed to consider the comments; and how the appellant believes the decision specifically violates law, regulation, or policy. If an appeal is received on this project there may be informal resolution meetings and/or conference calls between the Responsible Official and the appellant. These discussions would take place within 15 days after the closing date for filing an appeal. All such meetings are open to the public. If you are interested in attending any informal resolution discussions, please contact the Responsible Official or monitor the following website for postings about current appeals in the Northern Region of the Forest Service: Implementation Date If 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. If an appeal is filed, implementation may occur on, but not before, the 15th business day following the date of appeal disposition.

7 Page 7 of 7 Contact Person Supporting documentation for this decision is available for public review at the Madison Ranger District, Ennis, MT, and on the BDNF web page at under the NEPA Projects heading. Further information about the decision can be obtained from the Madison Ranger District from 7:30 AM to 4:30 PM Monday through Friday excluding federal holidays. Telephone (406) / FAX (406) ; by mail to me, Ken Harris, District Ranger at the Madison Ranger District, 5 Forest Service Road, Ennis, MT or by to Ken.Harris@fs.fed.us. Responsible Official /s/ Ken Harris KEN HARRIS Date District Ranger Madison Ranger District