Mount Diablo Baseline and Meridian. T42N, R54E, Section 29 and 30

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1 DECISION MEMO Walker Ridge Gold Exploration Project Plan of Operations # Mountain City Ranger District, Humboldt-Toiyabe National Forest Elko County, Nevada BACKGROUND On February 21, 2012, Columbia Star Resources submitted a Plan of Operations # , to conduct exploration geophysics and drilling on their mining claims within National Forest System land. LOCATION Proposed operations are in the Independence Mountains Mining District, in northeastern Nevada. See attached map. Mount Diablo Baseline and Meridian T42N, R54E, Section 29 and 30 PROPOSED ACTION The proposed action is to explore for precious metals using geophysical and exploratory drilling techniques. The proponent, Columbia Star Resources proposes to drill a total of six (6) core drill holes from six (6) separate drill pads as part of their exploration plan. Each drill location would require construction of a drill pad approximately 50 feet by 150 feet, and sump (10 feet 20 feet 8 feet deep), to contain drill cuttings and fluids at each hole. Due to the rocky nature of the site, some drill pads may need up to 2 sumps to accommodate the drill fluids. The area is located on the boundary of the McAffie Inventoried Roadless Area (IRA). The Forest Service (FS) and Columbia Star Resources have worked together to locate each of the proposed drill holes along cherry stemmed easements or outside of the designated IRA. Mechanized equipment proposed for the project includes: one drill rig for core or reverse circulation drilling; one pipe and water truck to support drilling operations; a D-8 Caterpillar Bulldozer to construct and maintain drill roads and pads; a small rubber-tired backhoe for controlled intermittent site preparation; and two pickup trucks for daily crew transport. Other supporting vehicles may include various service trucks needed to service the drill rig and other equipment. The water truck would make 1-2 trips per day to the site; the pickups would make 2-3 trips per day. The pickups will be used for fueling, transporting crew members, and servicing equipment. An anticipated disturbance of one (1) acre has been calculated for the drill pads and sumps, and the project is expected to last for approximately four months. Page 1

2 Upon completion of drilling, the drill holes will be plugged and abandoned according to regulatory requirements set forth in Nevada Administrative Code (NAC) 534. Drill pads and sumps will be regraded to pre-exploration slopes, and removed topsoil will be spread over the regraded areas. An approved Forest Service seed mix will be applied and raked into the soil of disturbed areas. Proposed start up is expected to be during the summer/fall of Reclamation surface work is to be completed by the fall The complete Plan of Operations is included in the Project Record and is incorporated by reference. DECISION I have decided to approve the exploration activities for the Walker Ridge Gold Project, on the Humboldt-Toiyabe National Forest, as described above under the Proposed Action and with modifications identified during the analysis. These modifications are required changes/mitigations that are incorporated into Section VI of the Plan of Operations. The complete list of additional required mitigation measures is included in the project record, and will be incorporated into the Plan of Operations. These include measures specific to: bond update and release criteria, project start-up, cessation of operations and removal of structures and equipment; departure from the approved Plan of Operations; fire prevention and control; noxious weeds; migratory bird and wildlife protection; drilling and hole abandonment measures, water resource protection and sediment control; road maintenance; and reclamation. Specific Project Mitigation: Wildlife: To avoid direct impacts to sage-grouse, no implementation would occur between March 1 and June 30. To avoid direct impacts to northern goshawk a nest search would be conducted prior to implementation. If an active nest is found and activity would occur within the 30-acre nest area, no implementation would occur between March 1 and August 31 within the 30- acre nest area. To avoid impacts to migratory birds, implementation would be avoided if possible between May 1 and July 15. If implementation occurs during that time period, a nest search would be conducted prior to any disturbance. No bald or golden eagles would be impacted by this project. In conclusion, no implementation would occur between March 1 to June 30 for sagegrouse. No implementation would occur between July 1 to July 15 without a migratory bird nest search and goshawk nest check. If active bird nests are found they will be buffered distances of 10 meter to 200 meters, depending upon species. If an active goshawk nest is found, implementation could not occur within the 30-acre nest area until after August 31. Page 2

3 It is also my decision that this project is categorically excluded from documentation in an Environmental Assessment or an Environmental Impact Statement for the following reasons: This 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)). Total length of program implementation will not exceed one year from initiation of approved activities. Pursuant to 36 CFR 220.6[b], no extraordinary circumstances exist based upon a review of the following resource conditions: Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. There are no threatened or endangered species noted in the project area. For sensitive wildlife species, per the biological evaluation, the proposed action may impact but is not likely to contribute to a trend toward federal listing. For sensitive plant species, none of the species considered have been observed in the project area and therefore, the proposed action is not likely to result in a trend to federal listing or loss in viability for the populations. Floodplains, wetlands, or municipal watersheds. The project area is not located 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 or near any Congressionally designated area. Inventoried Roadless Areas. The project does not involve road construction, reconstruction or timber cutting within the McAffie IRA. The FS worked with the operator to locate all the drill sites outside of the IRA or along cherry stemmed existing roads. A limited amount of cross-country travel will occur to accommodate exploration activities. On February 28, 2014 the Regional Page 3

4 Forester reviewed and concurred that the project is consistent with the 2001 Roadless Area Conservation Rule. Research Natural Areas. The project is not located within or near any Research Natural Areas. 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 process. Archeological sites or historical properties or areas. An inventory of the project area identified one historical and one cultural site. Both sites are determined not eligible for the Federal Register. PUBLIC INVOLVEMENT Scoping was sent out on April 24, 2012 with comments to be received by May 30, The scoping letter was sent to Federal, State, local government agencies and local interest groups and elicited no comments from the public or agencies. A Notice of Proposed Action (NOPA) requesting public comment was sent on April 23, 2012 to all individuals, organizations, and government agencies on the District mailing list. A Legal Notice to announce the 30 Day Comment Period was published in the Elko Daily Free Press on April 23, Comments were received from Western Watersheds Project. Comments have been considered in this analysis and are available for review in the project file. TRIBAL INVOLVEMENT Local tribal governments were notified of the proposal in a letter dated April 24, The agency sent notices to the Te-Moak Tribe of Western Shoshone, South Fork Band Council, Wells Band Council, Battle Mountain Band Council, Shoshone Paiute Tribes of Duck Valley, and Elko Band Council requesting their input and consultation. No responses were received by a survey. Follow-up consultation was accomplished through a series of mediated Wings & Roots meetings with the Shoshone Paiute Tribes of Duck Valley, the primary tribal interest-holder for the Walker Ridge project area. FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS Approval of this operating plan does not constitute recognition or certification of ownership by any person named as owner therein. Approval of this operating 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. This decision is consistent with the Humboldt National Forest Land and Resource Management Plan (1986), as required by the National Forest Management Act. Applicable Plan standards, including those identified for Minerals (IV-51) and Soil and Water (IV-46), were incorporated by the proponent or added by the Forest Service Page 4

5 as mitigation. In addition, it is consistent with other laws, regulations, and policy, including the following: 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 Executive Order Environmental Justice 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 I find that this decision is consistent with all other applicable Federal, State, and local laws or requirements. ADMINISTRATIVE REVIEW (APPEAL) OPPORTUNITIES This decision is not subject to appeal pursuant to Agricultural Act of 2014 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 [NEPA]. On February 7, 2014, the President signed into law the Agricultural Act of 2014 (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 of these 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 Implementation of this project in the field is contingent upon the operator posting of a bond, receiving an approved plan of operations from the Forest Service, and securing any other applicable state, local and federal permits and authorizations. RESPONSIBLE OFFICIAL The responsible official for this project is Kathryn W. Fuell, Mountain City District Ranger, Humboldt-Toiyabe National Forest, 2035 Last Chance Road, Elko, NV 89801, telephone (775) Page 5

6 CONTACT PERSON For further information regarding this proposal please contact Doug Powell, Geologist, (775) , or Kathryn W. Fuell, Mountain City District Ranger, (775) , Humboldt-Toiyabe National Forest, 2035 Last Chance Road, Elko, NV Mountain City District Forest Ranger Humboldt-Toiyabe National Forest 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. Page 6

7 Mountain City Ranger District Humboldt - Toiyabe National Forest T42N R53E R54E ± Legend Proposed Drill Holes Forest Boundary Private J.E.M. 3/25/14 Roadless Miles e:\ht\minerals\walkerridge\decisionmap.mxd