DECISION NOTICE FINDING OF NO SIGNIFICANT IMPACT USDA FOREST SERVICE TONGASS NATIONAL FOREST ADMIRAL TV ISLAND

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1 DECISION NOTICE FINDING OF NO SIGNIFICANT IMPACT USDA FOREST SERVICE TONGASS NATIONAL FOREST ADMIRAL TV ISLAND HECLA GREENS CREEK MINE AGGREGATE SOURCE EXPANSION This Decision Notice contains a brief summary of the environmental analysis completed for this project as well as my decision regarding which alternative to implement and the rationale for my decision. It also contains certain Findings required by various laws, and information concerning the right to Administrative Review of this decision. The Environmental Assessment completed for this project is incorporated by reference in this decision document. This Decision Notice documents my decision to approve the proposed 10 acre expansion at the Hecla Greens Creek Mine. The project area is located approximately 18 miles southwest of Juneau on Admiralty Island within the Tongass National Forest, Alaska. This action is needed because HGCMC has identified a need for additional construction materials for future use in approved tailings expansion projects and operational activities, as the currently approved facility is depleted and will not provide enough sand and gravel to complete planned activities. DECISION Based on the Environmental Assessment (EA) completed for this project it is my decision to select the Proposed Action as the alternative for implementation as described in the EA. The Proposed Action is to approve the 10-acre expansion of the existing aggregate facility as proposed by the Hecla Greens Creek Mining Company. This constitutes an expansion of an already-existing 5-acre aggregate facility at 1.4 Mile on the A Road at the Greens Creek Mine. The EA provides additional information about the proposed action..~ RATIONALE FOR THE DECISION In the 2008 Tongass Land and Resource Management Plan (Forest Plan), within the Semi-Remote Recreation Land Use Designation (LUD the Minerals and Geology Administration, the Standards and Guidelines include: C: Permit reasonable access to mining claims, leases, and material sites and authorization of orderly mineral resource development with the provisions of an approved Plan of Operations in

2 accordance with National Forest Mining Regulations 36 CFR 228 and FSM Regulations (36 CFR, 228A) establish rules and procedures for use of National Forest System lands in connection with operations authorized by the United States mining laws (30 U.S.c ). These laws confer a statutory right to enter upon the public lands to search for minerals, but activities shall be conducted so as to minimize adverse environmental impacts on National Forest System surface resources. HGCMC has identified a need for additional aggregate materials for future use in approved tailings expansion projects and operational activities, as the existing facility is depleted and will not provide enough sand and gravel to complete planned activities. The proposed action can be achieved while adhering to the goals and objectives of the Forest Plan, and additionally is the most cost-effective alternative available to HGCMC. There is no alternative option for aggregate source which does not also include greater costs to the company in terms of acquiring and then shipping the aggregate. Biological Evaluations were completed for sensitive plants and animals. No sensitive species will experience impacts that would cause or contribute to a trend towards federal listing or cause a loss of viability to the population or species. The Northern Goshawk is identified as a Region 10 sensitive species and the proposed project may impact individuals. Mitigations include a tree-by-tree survey prior to any vegetative clearing, and a restriction from vegetative clearing activities from 15 April through 15 July, to avoid impacting goshawk individuals and other migratory birds. AL TERNA TIVES CONSIDERED No issues were identified through internal or external scoping related to the approval of the expansion of the HGCMC Aggregate source. Therefore, only one action alternative (the Proposed Action) was considered. Under the No Action alternative, the Forest Service will not approve a lo-acre expansion of the existing aggregate source at the Greens Creek Mine. Greens Creek will not be allowed to expand the existing aggregate source by any amount. Once the aggregate resource has been developed to the currently-approved 5-acre limit, no additional development will take place at this location. Under the Proposed Action alternative, (see description above under "Decision"), HGCMC will be granted approval to amend their approved Plan of Operation to expand their existing 5-acre aggregate source site by an additional 10 acres. PUBLIC INVOLVEMENT The proposal was listed in the Tongass National Forest Schedule of Proposed Actions in January of The proposal was provided, with invitation to submit comments or concerns, to a group of interested parties and agencies including: United States Army

3 Corps of Engineers; United States Fish and Wildlife Service; National Marine Fisheries Service; State of Alaska Dept. of Natural Resources Division of Mining, Land, and Water; State of Alaska Dept. of Environmental Conservation; State of Alaska Dept. of Fish and Game; City and Borough of Juneau; City of Angoon; Angoon Community Association; Kootznoowoo, Inc.; Southeast Alaska Conservation Council; Friends of Admiralty; Juneau Group of the Sierra Club. No comments other than support for the project were received. A notification of the EA availability was submitted for public comment to interested parties, and a legal notice was published in the Juneau Empire on 18 December A total of two comments were received. The USFWS identified that the agency had no comment for this project. ADFG submitted comments that though the agency has no objection to the proposed action, they recommend that the Wildlife MIS section of the EA be expanded to include brown bear and Sitka black-tailed deer. ADFG would like the EA to address the expected impacts to individuals of those two species. The Forest Service acknowledges that the project will result in a long-term, if not permanent, displacement of individuals of both brown bear and Sitka black-tailed deer from the project site. The EA identifies that there will be no measurable effect to the brown bear population, and that there will be no effect to the population or change in distribution or abundance of the Sitka black-tailed deer at the watershed level. FINDINGS REQUIRED BY OTHER LAWS 2008 Ton2ass Land and Resource Mana2ement Plan (TLRMP) This decision is consistent with the Forest Plan. The project is located within a Semi- Remote Recreation LUD. Standards and Guidelines for Minerals and Geology Administration include permission of reasonable access to mining claims, leases, and material sites and authorization of orderly mineral resource development with the provisions of an approved Plan of Operations. Roadless Area Conservation The aggregate source expansion project is located within an Inventoried Roadless Area as defined under 36 CPR Part Approval for this project has been granted by the Secretary of Agriculture. ANILCA Section 810. Subsistence Evaluation and Findin2 The effects of this project have been evaluated to determine potential effects on subsistence opportunities and resources. There is no documented or reported subsistence use that would be restricted as a result of this decision. For this reason, neither of the alternatives would result in a significant possibility of a significant restriction of subsistence use of wildlife, fish, or other foods.

4 Coastal Zone Management Act of as Amended 'The Coastal Zone Management Act (CZMA) requires that the Forest Service, when conducting or authorizing activities or development be consistent with the approved Alaska Coastal Management Program (ACMP) to the maximum extent practicable. The Division of Coastal and Ocean Management review has determined that there will be no significant additional impact to the coastal uses or resources. Endangered Species Act of 1973 A Biological Evaluation has been completed for this action which indicates that no Federally-listed threatened or endangered species will be affected by this activity. National Historic Preservation Act of 1966 The Forest Service program for compliance with the National Historic Preservation Act includes locating, inventorying and nominating all cultural sites that may be directly or indirectly affected by scheduled activities. This activity has been reviewed by a qualified archeologist and a determination made that no known cultural resources are present in the project area. Floodplain Management (E.O ). Protection of Wetlands m.o.11990) This activity will not impact the functional value of any floodplain as defined by. Executive Order and will not have negative impacts on wetlands as defined by Executive Order Recreational Fisheries (RO ) Federal agencies are required, to the extent permitted by law and where practicable, and in cooperation with States and Tribes, to improve the quantity, function, sustainable productivity, and distribution of U.S. aquatic resources for increased recreational fishing opportunities. As required by this Order, I have evaluated the effects of this action on aquatic systems and recreational fisheries and documented those effects relative to the purpose of this order. Since there are no effects to fisheries resources within the project area there will be no direct, indirect or cumulative impacts related to this Order. Environmental Justice (E.O ) I have determined that in accordance with Executive Order 12898this project does not have disproportionately high and adverse human health or environmental effects on minority populations and low-income populations.

5 Ma2nuson-Stevens Fisherv Conservation and Mana2ement Act The Magnuson-Stevens Fishery Conservation and Management Act of 1996 (hereafter referred to as "the Act") requires consultation with the National Marine Fisheries Service on activities that may affect Essential Fish Habitat (EFH). EFH is defined as "those waters and substrates necessary to fish for spawning, breeding, feeding, or growth to maturity." EFH for Pacific salmon includes marine waters, intertidal habitats, and freshwater streams accessible to anadromous fish. Marine EFH for the salmon fisheries in Alaska includes all estuarine and marine area utilized by Pacific salmon of Alaska origin, extending from the influence of tidewater and tidally submerged habitats to the limits of the U.S. ex.c1usiveeconomic zone. The Act promotes the protection of these habitats through review, assessment, and mitigation of activities that may adversely affect these habitats. The proposal site is roughly 14of a mile from the saltwater. Two class IV streams in the vicinity of the proposal lack the size and energy to transport additional runoff associated with the expansion. The proposed action would not adversely affect EFH because there are no fish-bearing streams in the project area. FINDING OF NO SIGNIFICANT IMPACT I have reviewed the Environmental Assessment for this project using criteria identified in implementing regulations for the National Environmental Policy Act (40 CFR ). Based on the Environmental Assessment and the findings displayed above, I have determined that this is not a major action that will have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Statement. RIGHT TO APPEAL OR ADMINISTRATIVE REVIEW As required by Forest Service appeal regulations found at 36 CFR 215.5, a legal notice of the opportunity to comment on the proposed action for a 30-day period was published in the Juneau Empire, the Juneau and Admiralty National Monument Ranger Districts'. newspaper of record on December Individuals or non-federal organizations who submitted written comments or otherwise expressed interest in this particular action during the comment period specified at having standing to appeal this decision. The notice of appeal must be in writing, and meet the appeal content requirements at 36 CFR The appeal must be filed (regular mail, fax, , hand-delivery, or express delivery) with the Appeal Deciding Officer: Forrest Cole Forest Supervisor, Forest Service, U.S. Department of Agriculture Tongass National Forest Federal Building 648 Mission Street Ketchikan, AK FAX:

6 The office business hours for submitting hand-delivered appeals are: 8:00 am to 4:30 pm Monday through Friday, excluding holidays. Electronic appeals must be submitted to In cases where no identifiable name is attached to an electronic message, a verification of identity will be required. A scanned signature is one way to provide verification. Appeals, including attachments, must be filed within 45 days from the publication date of legal notice of this decision in the Juneau Empire, the newspaper of record. Attachments received after the 45-day appeal period will not be considered. The publication date in the Juneau Empire is the exclusive means for calculating the time to file an appeal. Those wishing to appeal this decision should not rely upon dates or timeframe information provided by any other source. For additional information contact Marti Marshall, Admiralty Island National Monument Ranger or Sarah Samuelson, 8510 Mendenhall Loop Road, Juneau, AK 99801, (907) ~,~ (,\,1~.Martz Marshall vv- r' Admiralty Island National Monument Ranger Date :L/3/1() Distribution Legal Notice, Juneau Empire Newspaper United States Army Corps of Engineers, United States Fish and Wildlife Service, National Marine Fisheries Service, State of Alaska, Dept. of Natural Resources, Division of Mining, Land, and Water, State of Alaska, Dept. of Environmental Conservation, State of Alaska Dept. of Fish and Game, City and Borough of Juneau, City of Angoon, Angoon Community Association, Kootznoowoo, Inc., Southeast Alaska Conservation Council, Friends of Admiralty, Juneau Group of the Sierra Club USDA -~~..-