Decision Notice and Finding of No Significant Impact Gold Digger Mining Plan of Operations

Transcription

1 Decision Notice and Finding of No Significant Impact Gold Digger Mining Plan of Operations March 2017 Chugach National Forest Seward Ranger District Seward Highway Seward, Alaska Decision It is my decision to implement the Proposed Action as described in the Gold Digger Mining Plan of Operations Environmental Assessment (EA) with modifications to ensure that adverse environmental effects are minimized. This decision will allow for a five year plan of operations for placer exploration and access near Quartz Creek. The following activities will be approved for a five year term: Removing trees and overburden from an approximately 200' x 250' area (about 1 acre) on the bench above Quartz Creek. Trees and overburden will be stockpiled for reclamation. Excavation of two settling ponds, approximately 75' x 75' for each pond. Processing material with a trommel and small excavator, filling the excavated area back in as operations move up the bench. Access will be by: Pickup on the existing Jerome Lake Road to the camp area An existing access trail to the creek bench level The following equipment is proposed for use in exploration and access: Small dozer/backhoe Skid-steer 20' Trommel Short term rental excavator Pickup truck and camper Storage trailer ATVs The EA discloses the environmental consequences of the proposal, as submitted by the proponent; the following modifications or stipulations to the proposed plan of operations will be required and are consistent with the requirements listed in 36 CFR 228.8: Food, fuel, and garbage should be-stored in bear proof containers. All garbage should be removed regularly (weekly) from the site.

2 If any new historic features or artifacts are discovered during operations, they must be left in place and the Minerals Administrator will be contacted for further instruction. If any eagle or goshawk nests are discoved near the operation area, the Minerals Administrator will be contacted for further instruction. To reduce impacts to migratory birds and raptors and comply with the Migratory Bird Treaty Act, avoid vegetation clearing or access route brushing during the breeding season of migratory birds, May 1 - July 15, when practicable. The Gold Digger Mining Plan of Operations Environmental Assessment (EA) is the supporting environmental analysis for this decision and is incorporated by reference. This EA discusses the need for the project, any alternatives considered, the environmental impacts of the Proposed Action and no action alternatives, and a listing of the agencies and persons contacted. Rationale for the Decision The 2002 Chugach National Forest Revised Land and Resource Management Plan (Forest Plan) specifically states an objective to provide exploration and development opportunities in areas with moderate to high locatable mineral potential (Forest Plan 3-6). The authorization of this plan of operations would be consistent with the objective stated in the Forest Plan. I recognize the need to provide long-term authorizations for small-scale commercial operations. One year plan of operation approvals do not allow the operator to determine with any certainty whether they will be allowed to operate the following year or whether to make investments for the subsequent year. Allowing for a five year plan of operations for placer mining will allow the operator to make the business decisions and investments necessary to sustain their operation and create a business plan for the future. Further, my decision contains modifications to the proposed plan of operations that will ensure that mining will occur in an environmentally responsible manner. I have reviewed the "Requirements for Environmental Protection" in 36 CFR and the recommendations of subject matter experts who have surveyed the project area. I will require the modifications and stipulations listed above to be incorporated into any mining plan of operations approval. I have reviewed the Council on Environmental Quality Regulations for "significance" (40 C.F.R ) and I have determined that the decision is not an action that would significantly affect the quality of the human environment either individually or cumulatively; nor would this decision affect the quality of the human environment in either context or intensity. Therefore, an environmental impact statement (EIS) will not be prepared. This conclusion and finding is based on the following factors: Context wildlife habitat Intensity Reason not Significant The project is not expected to cause meaningful effect on any species population viability either

3 fisheries resources sensitive plant species Potential for spread of non-native species cultural resources expected No more than 1 acre generally or locally because of the small size of the project area relative to the size of the existing intact habitat for these species. No federally listed threatened, endangered, or sensitive species exist in the project area. The project area is not considered critical habitat for sensitive plant species, nor is it likely that any sensitive plant species currently exist in the project area. Monitoring for non-native plant species will be conducted for a period of one year following the implementation of this approval. There are no known cultural or historic resources in the project area. Alternatives Considered I have considered the No Action alternative. I have not selected the No Action alternative because the Forest Service has a regulatory responsibility to take some action (36 CFR 228.5). This decision includes requirements that minimize adverse environmental consequences to the environment and allow for placer mining to occur in an environmentally responsible manner. Monitoring and Inspections The following monitoring and inspections will be required: The Forest Service Minerals Administrator and/or Minerals Technicians will conduct regular inspections of the mining operation during the operating season for consistency with the terms and conditions of the plan of operations. The Forest Service Ecologist and/or Ecology Technicians will conduct monitoring for non-native plant species for a period of one year following the implementation of this approval. Public Involvement The public has been invited to participate in the project in the following ways: A legal notice was placed in the Alaska Dispatch News on December 14, 2016 requesting comments on the environmental analysis. The project has been listed on the Chugach National Forest Schedule of Proposed Actions. No comments or responses were received. Consistency National Forest Management Act The proposed action is consistent with the Forest Plan, and all proposed activities are allowable under the 210 Backcountry MAP (see Forest Plan pp through 4-36).

4 Endangered Species Act Biological evaluations were completed for threatened and endangered species. No threatened or endangered species would be affected by the action alternatives. Bald Eagle Protection Act - Management activities within bald eagle habitat will be in accordance to a Memorandum of Understanding between the Forest Service and the U.S. Fish and Wildlife Service. No bald eagle nests are known in the project area. ANILCA Section 810, Subsistence Evaluation and Finding - There is no documented or reported subsistence use that would be restricted by any of the action alternatives; none of the alternatives would result in a significant possibility of a restriction of subsistence use of wildlife, fish, or other foods. National Historic Preservation Act of Section 106 of the National Historic Preservation Act requires that all federal undertakings follow the regulations found at 36 CFR 800 to identify and protect cultural resources that are within the project areas and which may be effected by projects. The Programmatic Agreement between the Chugach National Forest, the Advisory Council on Historic Preservation, and the Alaska State Historic Preservation Officer (SHPO) regarding'management of the project area will be followed. Executive Order Environmental Justice Implementation of this project is not anticipated to cause disproportionate adverse human health or environmental effect to minority or low-income populations because the proposed activities are not expected to cause any affects to human health or result in meaningful adverse environmental consequences. Clean Air Act - Emissions anticipated from the implementation of the Proposed Action would be of short duration and would not be expected to exceed State of Alaska ambient air quality standards (18 AAC 50). Executive Order Invasive Species Invasive species populations have the potential to spread in the project area; monitoring will be required to reduce this potential and to determine effectiveness. Executive Order Floodplain Management and Executive Order Protection of Wetlands The project area is not located within a floodplain as defined by Executive Order and there will be no effect to wetlands as defined in Executive Order Inventoried Roadless Areas - This project is located within an inventoried roadless area. It was determined the exploration falls under the General Mining Act of 1872 and the proposed activities would be allowed under the 2001 Roadless Area Conservation Rule because "the cutting, sale, and removal of timber is incidental to the implementation of a management not otherwise prohibited" by the rule (36 CFR (b)(2)) and 4

5 because cutting of trees is needed "pursuant to reserved or outstanding rights, or as provided for by statute or treaty" (36 CFR (b)(3)). Executive Order Recreational Fisheries - 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, the effects of this action on aquatic systems and recreational fisheries have been evaluated and the effects relative to the purpose of this order have been documented. No impact to recreational fisheries is expected from the proposed project. Magnuson-Stevens Fishery Conservation and Management Act, Public Law This project is not expected to result in any adverse effects to essential fisheries habitat as defined in the Magnuson-Stevens Act because it has been determined that this activity, individually, will not cause any action that may adversely affect essential fish habitat as defined by the Act. 36 CFR 218 Project Level Pre-decisional Administrative Review Process The Forest Service, Seward Ranger District, Chugach National Forest, has completed an Environmental Assessment for the Gold Digger Mining Plan of Operations. Based on this analysis the Seward District Ranger selected the Proposed Action. Copies of this Environmental Assessment and Decision Notice may be obtained by contacting: Mike Johnson, Seward Ranger District, Seward Highway, Seward, Alaska As required by Forest Service regulations found at 36 CFR , a legal notice of the opportunity to comment on the Proposed Action was published in Alaska Dispatch News on December 14, The 30-day comment period ended on December 16, 2016 and no comments expressing interest were received. Pursuant to Forest Service appeal regulations at 36 CFR 218.5(a) this decision is therefore not subject to objection. 36 CFR 214 Post-decisional Administrative Review Process Pursuant to 36 CFR 214.4(b), any operator aggrieved by a decision of the authorized officer in connection with the regulations found at 36 CFR 228 may file an appeal under the provisions of 36 CFR 214. As required under 36 CFR 214.8, an appellant must file a notice of appeal with the Forest Supervisor for the Chugach National Forest at 161 East 1st Avenue, Door 8, Anchorage, Alaska The notice of appeal must be filed within 45 days of the date of this notice. (a) General requirements for the contents of an appeal. All appeals must include: (1) The appellant's name, mailing address, daytime telephone number, and address, if any; (2) A brief description of the decision being appealed, including the name and title of the Responsible Official and the date of the decision;

6 (3) The title or type and, if applicable, identification number for the written authorization and the date of application for or issuance of the written authorization, if applicable; (4) A statement of how the appellant is adversely affected by the decision being appealed; (5) A statement of the relevant facts underlying the decision being appealed; (6) A discussion of issues raised by the decision being appealed, including identification of any laws, regulations, or policies that were allegedly violated in reaching the decision being appealed; (7) A statement as to whether and how the appellant has attempted to resolve the issues under appeal with the Responsible Official and the date and outcome of those efforts; (8) A statement of the relief sought; (9) Any documents and other information upon which the appellant relies; and (10) The appellant's signature and the date. (b) Specific requirements for the contents of an appeal. In addition to the general requirements in 214.8(a), the following specific requirements must be included in an appeal, where applicable: (1) A request for an oral presentation under ; (2) A request for a stay under ; and (3)A request to participate in a state mediation program regarding certain term grazing permit disputes under 36 CFR part 222, subpart B. A<MA' FRANCISCO B. Seward District Ranger