Background. Purpose and Need. Proposal. Mitigation and Design Features

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1 United States Department of Agriculture Forest Service Beaverhead-Deerlodge National Forest Madison Ranger District 5 Forest Service Rd Ennis, MT File Code: 1950 Date: November 20, 2013 xx Dear Interested Parties: The Madison Ranger District is publishing the Aurora New Horizon s Project for a 30-day scoping and public comment period. Please see the How to Comment and Timeline section on page 5. Background In 2005 a decision covering approximately the same proposal was analyzed and a DM 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 activities under the 1872 General Mining Law that is otherwise lawful. Purpose and Need Sherwood Swanson of Ennis, Montana submitted a Plan of Operations (POO) for mineral exploration near Aurora Creek in the Tobacco Root Mountain Range. The project site is located in the Meadow Creek Management Area, Section 16 T4S R2W PMM in Madison, County. Proposal Mr. Swanson plans 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 pit sites are in old sample pits tested in the 70-80s. Test pits would be dug by a rubber tired backhoe and material run through a portable wash plant. Each test pit will act as its own settle pond for the wash plant. Water will recirculate from the pit through the wash plant and back to the pit. No overland flow will occur. The closest test pit to Aurora Creek is about 90 feet while most are over feet. Ground at the pit sites is relatively flat reducing the potential for water to flow to Aurora Creek. The top 8-12 inches of soil will be set to the side and used to cap the pit when reclaimed. Each pit will be filled and returned to the original contour of the site. Disturbed areas will be monitored 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 Aquatics No fuel or other toxicant storage or fueling of equipment should occur within RCA's (100 ft. from the stream channel). Caring for the Land and Serving People Printed on Recycled Paper

2 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 Forest Service representative and define the exact location of all temporary crossings and any necessary temporary crossing structures. Cease activity in the event of sediment or water delivery to the stream. 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. Monitor and provide mitigation for discharge water in the event that discharge unexpectedly flows overland and reaches perennial stream courses in the project area. Prior to pumping any water or transitioning pumps between water sources in the project area (if applicable), all equipment that will have 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 The South Zone Archaeologist will be notified if any additional historic or prehistoric cultural resources are identified during the course of project implementation. Wildlife 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. Soils Activities will occur when soils are dry to avoid compaction and rutting from machinery. Work will cease if soils ruts greater than 1 inch occur. 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 Beaverhead-Deerlodge National Forest. 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 2

3 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. This project has been reviewed in accordance with FSH Chapter 30. I have determined the project fits the following category: 36 CFR 220.6(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 will be 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 aquatic, botany, and wildlife TES species 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 resource specialist reports listed above and conclude that without notable individual effects from the proposed action, there would be no discernible 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 cause-effect relationship between the proposed action and the potential effect on the resource conditions listed in the table below, and thus the presence of extraordinary circumstances. 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 Threatened or Endangered Species: The project will have No Impact to threatened or endangered species. 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 effect to all other sensitive aquatic and terrestrial wildlife or plant species. 3

4 RESOURCE CONDITION Floodplains, wetlands, or municipal watersheds 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 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. No congressionally designated areas occur in or near the project; therefore no negative impacts to any congressionally designated areas are projected. The project area is not in or adjacent to an IRA. Therefore, no negative impacts to IRAs are projected. There are no research natural areas within the project area. Therefore, no negative impacts to any research natural areas are projected. The project will have no adverse effect on historic properties Based on these findings, it is my preliminary determination that a categorical exclusion is appropriate in this situation because the proposed action fits within the category described above and there appear to be no extraordinary circumstances present. Forest Plan Direction 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 1972 Mining Law, regulations, and national direction. Findings Required by Law National Forest Management Act - The Beaverhead-Deerlodge National Forest 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 Beaverhead-Deerlodge National Forest, 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 ). 4

5 Endangered Species Act - See the Reasons for Categorically Excluding the Proposed Action Section of this document for a summary of the effects of this project to Endangered, Threatened, or Candidate Species. The summary is based on a more thorough analysis available in the project record. 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 January 4, 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, the proposed action did not identify any adversely impacted local minority or low-income 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. There will be no air quality impacts as a result of this decision. 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. Other Laws or Requirements The proposed action is consistent with all other Federal, State, and/or local laws or requirements. How to Comment and Timeline Public comments on this proposal are invited and encouraged. No decision has been made yet. This comment period provides people interested in, or affected by, this proposal an opportunity to make their concerns known prior to a decision by the Responsible Official. Only those who provide timely comments will be eligible to appeal the decision pursuant to 36 CFR part 215 regulations. Comments received in response to this solicitation, including names, postal and addresses, and phone numbers of those who comment, will be considered part of the public record and will be available for public inspection. Written, facsimile, hand-delivered, oral, and electronic comments will be accepted for 30 calendar days following publication of the legal notice in the Montana Standard. The publication date in the newspaper of record is the exclusive means for calculating the comment period for this proposal. You should not rely upon dates or timeframe information provided by any other 5

6 source. For appeal eligibility each individual or representative from each organization submitting comments must either sign the comments or verify identity upon request. Written comments should be mailed to: District Ranger, Madison Ranger District, 5 Forest Service Road, Ennis, MT 59749, Telephone (406) / FAX (406) , your comments to: comments-northern-beaverhead-deerlodge@fs.fed.us and please type Aurora New Horizons in the subject line. An automated acknowledgement from the agency should normally be generated by electronically mailed comments as confirmation of receipt. If the sender does not receive an automated acknowledgement from the agency, it is the sender s responsibility to ensure timely receipt by other means. Acceptable electronic formats include text (i.e. ASCII text or html) and Word or PDF documents. The district office is open from 7:30 AM to 4:30 PM Monday through Friday excluding federal holidays for hand-delivered comments. Comments should include: 1) name, address, phone number, and organization represented, if any; 2) title of project on which the comments are being submitted; and 3) specific facts and supporting information for the responsible official, Ken Harris, District Ranger, to consider. If you would like more information, please call Kevin Suzuki (406) Sincerely, /s/ Ken Harris KEN HARRIS District Ranger 6