Decision Memo. Big Spring Gold LLC Big Spring Gold Exploration Project Plan of Operations #

Transcription

1 Decision Memo United States Department of Agriculture Forest Service July, 2014 Big Spring Gold LLC Big Spring Gold Exploration Project Plan of Operations # Austin Ranger District, Humboldt-Toiyabe National Forest Nye County, Nevada Head frame of Big Spring Mine. 1

2 BACKGROUND In March 2013, Big Spring Gold, LLC, (BSG) submitted Plan of Operations # (Plan) to conduct mineral exploration drilling on mining claims located on National Forest System lands. LOCATION The Big Spring Gold Project is located in the Paradise Range, approximately 13 miles northeast of Gabbs, Nevada, in the northern portion of Nye County (see attached map). Mount Diablo Baseline and Meridian T13N, R38E, Section 18 and T13N, R37E, Section 13 FOREST SERVICE MINERALS REGULATIONS AND POLICY Forest Service policy in Title 36 Code of Federal Regulations Part 228 (36 CFR 228.1) states that use of the surface of National Forest System lands in connection with operations authorized by the United States mining laws (30 U.S.C ), which confer a statutory right to enter upon the public lands to search for minerals, shall be conducted so as to minimize adverse environmental impacts on National Forest System surface resources. While Federal law permits mining operations on National Forest lands; it also charges the agency with the prevention of unnecessary destruction of Forest lands and regulation of occupancy and use of the surface for purposes reasonably incident to prospecting, mining, or processing, primarily under the Organic Act of 1987 and the Multiple Use Mining Act of Relevant policy in the Minerals and Geology Manual (FSM 2802) states that the Forest Service would: Encourage and facilitate the orderly exploration and development of mineral and energy resources on National Forest System lands to maintain a viable, healthy minerals industry, and Ensure that exploration, development, and production of mineral and energy resources are conducted in an environmentally sound manner. PROPOSED ACTION The proposed action is for the Forest Service to authorize BSG to collect samples for mineral resource evaluation by drilling. The project has been designed to minimize potential impacts to surface resources by using existing roads or overland travel to the extent possible. BSG has proposed 3,075 feet of new temporary road construction and overland travel of 825 feet. An equipment laydown area and temporary field camp will be located near the drill sites. Eighteen (18) boreholes will be drilled from 17 drill sites using a reverse-circulation type drill rig. Holes will range from 500 to 1,000 in depth and have various inclinations. Drill sites will be approximately 3,200 square feet in area and will each include two 5 x 10 sumps to collect rock cuttings and manage drilling fluids. Total surface disturbance for the project will be up to 2.73 acres, including 1.25 acres of drill pads, 1.06 acres of new temporary road (assuming an average road width of 15 feet), 0.23 acres for the laydown and camp area, and 0.19 acres of overland travel routes (assuming an average disturbance width of 10 feet). Work will be done in hour daytime shifts for 7 days per week with regular breaks for time off. The duration of drilling at each site will vary depending on hole depth and drilling conditions. It is anticipated that drilling operations will be completed within 40 days of start-up. All boreholes will be plugged before the drill moves off the location in accordance with Nevada Regulations NRS/NAC Chapter 534 and with additional guidance in the Plan. Equipment The project will utilize the following vehicles and large equipment: Page 2

3 Track-mounted, reverse-circulation drill rig, Cat D-8 or D-10 (or equivalent) dozer, Front-end loader, Backhoe, 2,000-gallon water truck, and Various 4-wheel drive support and crew vehicles. Reclamation Reclamation will be completed to the standards described in 36 CFR 228.8(g). Sumps will be allowed to dry and then will be backfilled with spoil material and covered with stockpiled soil. Drill pads and constructed temporary roads will be recontoured. Overland travel routes will be ripped or repaired if they become overly compacted or rutted. All surface disturbance will be seeded with a Forest Service approved, weed-free seed mix at the appropriate time of year and at an application rate for optimum seed sprouting and plant growth. Seeding will be completed using a broadcast method and then raked. Reclaimed surfaces will be left in a textured, or rough, condition. Seeded areas will be monitored for stability and revegetation success for a minimum of three years until attainment of the revegetation standards established in the Nevada Guidelines for Successful Revegetation for the Nevada Division of Environmental Protection, the Bureau of Land Management, and the USDA Forest Service (Instruction Memorandum #NV-13). Duration Duration of the project from the start of surface disturbance to completion of recontouring of roads and drills pads will be one year. Seeding may be delayed beyond one year, with Forest Service permission, if doing so would improve the chances of vegetation success. The Plan will expire if surface disturbance has not started by August 1, The complete Plan is included in the Project Record and is incorporated by reference. DECISION I have decided to approve exploration activities for the Big Spring Gold Exploration Project on the Humboldt-Toiyabe National Forest, as described above under the Proposed Action and further detailed in the Plan and its modifications. The modifications are changes, modifications, or special mitigation measures that have been incorporated into the Plan by the Forest Service under Section VI Forest Service Evaluation of Plan of Operations, A. Required changes/ modifications/ special mitigation for plan of operations and are required to be implemented by the operator. They include measures for: Maintainability of a Surety Bond; Bond Update Criteria; Bond Release Criteria; Project Start-up, Change of Operations, Cessation of Operations, Removal of Structures and Equipment; Departure from the Approved Plan of Operations; Fire Prevention and Control; Noxious Weeds; Cultural Resource Protection; Migratory Birds and Wildlife Protection; Drilling and Hole Abandonment Measures; Water Resource Protection and Sediment Control; Livestock Protection; Road Maintenance; and Reclamation and Closure. In addition to the standard mitigation measures, the following specific mitigation measures have been required for this project: Project activities will stay at least 500 feet from Big Spring. To avoid adverse effect on possibly historic cultural resources, overland travel instead of new road construction will be used on the access routes to two drill sites, road maintenance will be avoided on one existing road, three drill sites were eliminated from the project, one site was moved, and a Forest Service archaeologist will monitor surface disturbing activities at three drill sites. Page 3

4 This action is categorically excluded from documentation in an environmental impact statement (EIS) or an environmental assessment (EA) because the proposed action falls within category 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 roads (36 CFR 220.6(e)(8)). The total duration of program implementation will not exceed one year from initiation of approved activities. I find that there are no extraordinary circumstances that would warrant further analysis and documentation in an EA or EIS. I took into account resource conditions identified in agency procedures that should be considered in determining whether extraordinary circumstances might exist pursuant to 36 CFR 220.6[b]: Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. A Biological Evaluation of the project was completed by Salix Consulting, reviewed by Forest Service specialists, and finally approved in March Five Forest Service Region 4 Sensitive wildlife species and two Humboldt-Toiyabe Management Indicator Species have the potential to occur within the project area. Of these, only mule deer could be confirmed during the field survey. The evaluation concluded that the project may impact individuals of these species but is not likely to result in a trend toward federal listing or a loss of viability of these species. The same is true of migratory birds which may frequent the project area. Construction activities during the May 1 July 15 nesting season are prohibited unless measures have been adopted to avoid nests identified during a pre-construction nest survey. In addition, the project area has the potential to provide habitat for six Forest Service Region 4 Sensitive plant species although none were observed during the field survey. The evaluation concluded that the project may impact individuals of these species but is not likely to result in a trend toward federal listing or a loss of viability of these species. [Salix Consulting, Inc., March 2014, Biological Evaluation for the Big Spring Gold, LLC Exploration Project] Floodplains, wetlands, or municipal watersheds. The project area is not within any municipal watersheds, or wetlands. Congressionally designated areas such as wilderness, wilderness study areas, or National Recreation Areas. The project is not located within any Congressionally designated area. Inventoried roadless areas or potential wilderness areas. The project is not located within an Inventoried Roadless area. Research natural areas. The project is not located within or near any RNA. American Indians and Alaska native religious or cultural sites. No American Indian religious or cultural sites in the project area were identified during the scoping and tribal consultation process. Archeological sites or historical properties or areas. Page 4

5 A survey by Parus Consulting identified four cultural resources sites in the vicinity of proposed surface disturbances. The prehistoric component of one site is considered eligible for listing on the National Register of Historic Places. Mitigation measures have been adopted to ensure no adverse effect to historic or unevaluated cultural resources. In some cases, drill sites have been dropped from the project or moved, access routes have been changed from new road construction to overland travel, or proposed road maintenance has been eliminated. A Forest Service archaeologist will monitor project activities at three drill sites. All drill pads are to be reclaimed at the end of the project so there should be no indirect adverse effects to significant cultural properties identified within the surveyed area. Through avoidance and geographic distance from the eligible sites or historic features within sites, the project would have no adverse effect on historic properties. In compliance with Section 106 of the National Historic Preservation Act of 1966, the Forest Service has assessed the effects of the proposed action on historic resources and has consulted with the Nevada State Historic Preservation Office (SHPO). SHPO has concurred with the Forest Service determination that this project will have no adverse effects on eligible or unevaluated historic or prehistoric sites. PUBLIC INVOLVEMENT A Scoping and Notice of Proposed Action requesting public comment was sent out in July 2013 and a legal notice to announce the 30-day comment period was published in the Battle Mountain Bugle on July 24, A notice was sent by to the Nevada State Clearinghouse on July 22, Comments were received from the Duckwater Shoshone Tribe, Austin Chamber of Commerce, Nevada Division of Wildlife, and Nevada Division of State Lands and State Land Use Planning Agency. Comments from the Yomba Shoshone tribe were received after the comment period. I have considered these comments in making this decision. TRIBAL INVOLVEMENT The Scoping and Notice of Proposed Action was mailed to the Yomba Shoshone and Duckwater Shoshone tribes in July In addition, I presented the project to the Yomba tribal council on September 13, A field trip to the project area was conducted for representatives of the Duckwater and Yomba tribes on November 7, An additional comment from the Yomba tribe was received in January 2014 and resolved during a field trip on March 26, FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS This decision conforms to the Toiyabe National Forest Land and Resource Management Plan, as required by the National Forest Management Act. Applicable management plan standards include those for Minerals (p. IV-57 to 59), Soil and Water (p. IV-40 to 41), and Management Area Direction (p. IV-120 to 141). In addition, it is consistent with other laws, regulations, and policy, including the following: The Mining Act of 1872, as amended, 30 U.S.C (1994), which 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 Order Floodplain Management, Page 5

6 Big Spring Gold. LLe - Big Spring Gold Exploration Project Executive Order Environmental Justice, National Historic Preservation Act and 36 CFR Part The Section 106 Process, Humboldt-Toiyabe FSM Supplement to Chapter Noxious Weeds Management, FSM 7711 Transportation Analysis. I find that this Decision is consistent with all other applicable Federal, State, and local laws or requirements. DISCLAIMER Approval of this Plan does not constitute recognition or certification of ownership by any person named as owner therein. Approval of this Plan does not constitute, now or in the future, recognition or certification of the validity of any mining claim to which it may relate or to the mineral character of the land on which it lies. ADMINISTRATIVE REVIEW (APPEAL) OPPORTUNITIES This decision is not subject to appeal pursuant to Agricultural Act of2014 Public Law No , Section On January 17,2014, the President signed into law the Consolidated Appropriations Act of 2014 (Pub. L. No ). Section 431 of that Act directs that the 1992 and 2012 legislation establishing the 36 CFR 215 (post-decisional appeals) and 36 CFR 218 (pre-decisional objections) processes "shall not apply to any project or activity implementing a land and resource management plan... that is categorically excluded... under the National Environmental Policy Act [N EPA]." On February 7, 2014, the President signed into law the Agricultural Act of2014 (Farm Bill) (Pub. L. No ). Section 8006 of the 2014 Farm Bill repealed the Appeals Reform Act (ARA) (Pub. L. No ). The ARA's implementing regulation was 36 CFR 215. As a result ofthese two statutes, the Forest Service will no longer offer notice, comment and appeal opportunities pursuant to 36 CFR 215 for categorically excluded projects. IMPLEMENTATION DATE The proposed actions described in this decision may be implemented after the Forest Service has accepted the bond posted by BSG, BSG has signed acceptance of: and the District Ranger has approved, the final Plan of Operations, BSG has received a letter from the District Ranger allowing work to start, and BSG has secured any other applicable state, local, and federal permits and authorizations. RESPONSIBLE OFFICIAL The responsible official for this project is Steven Williams, District Ranger, Humboldt-Toiyabe National Forest, PO Box 130, Austin, NY or (775) or swilliamso I@fs.fed.us. CONTACT For further information regarding this project, please contact George Langstaff, Austin District Geologist, at (775) or gdlangstaff@fs.fed.us. DATE ' lull Page 6

7 The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual s income is derived from any public assistance program. (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 to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC , or call (800) (voice) or (202) (TDD). USDA is an equal opportunity provider and employer. Page 7