DECISION MEMO WELDON MEADOW MINE RECLAMATION PROJECT U.S. FOREST SERVICE, SEQUOIA NATIONAL FOREST KERN RIVER RANGER DISTRICT KERN COUNTY, CA

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1 ,,-:=e - a BACKGROUND DECISION MEMO WELDON MEADOW MINE RECLAMATION PROJECT U.S. FOREST SERVICE, SEQUOIA NATIONAL FOREST KERN RIVER RANGER DISTRICT KERN COUNTY, CA The Kern River Ranger District of the Sequoia National Forest seeks to mitigate threats to public and wildlife health and safety and to watershed resources by implementing the W eldon Meadow Mine Reclamation Project (Project). The Project will restrict access to underground mine workings of the Weldon Meadow Mine. Mining activities have taken place on the Sequoia National Forest (SQF) since the early 1850s. While current environmental policies and legislation require mining operations to close and reclaim National Forest System (N FS) lands following the cessation of mining activities, many abandoned mines on the Sequoia predate that requirement. Consequently, the SQF still has a number of abandoned and un-reclaimed mine and mill sites such as the Weldon Meadow Mine. This abandoned mine site consists of open mine workings including a horizontal mine shaft (adit) and a hazardous vertical mine shaft filled with water to within six feet of the surface, abandoned mining equipment, hazardous materials and trash. These unstable, deteriorating structures resulting in a threat to public and wildlife health and safety, as well as to the environment. In addition, sensitive habitat for bat roosting has been identified within the project area. The purpose of the Project is to carry out treatments that respond to agency goals outlined in the Sequoia National Forest Land and Resource Management Plant (LAMP). Specific goals associated with this project include: Protecting wildlife habitat, particularly bat habitat located within the Weldon Meadow adit. Ensuring that disturbed lands are returned to a use that is consistent with long-term forest land and resource management plans. Removing mining debris/trash from the NFS land. The need for the Project is to ensure public and wildlife health and safety by closing access to underground mine hazards. The Surface Mining Control and Reclamation Act of 1977 (30 USC ) provides the principal authority to authorize mine reclamation projects on NFS land. DECISION I have decided to implement the Weldon Meadow Mine Reclamation Project. A gate will be installed to allow access for bats to continue roosting in a horizontal adit shaft while keeping people out, since human intrusion into mines can be harmful to bats and their habitat. A hazardous vertical mine shaft filled with water will be plugged with a metal grating covered by rocks from the local area to prevent entrapment of either wildlife or people. Abandoned mining equipment, hazardous materials and trash will be removed. Page 1of6

2 .,...-=- D This decision meets the requirements found at 36 CFR Categorical Exclusions. Specifically, the project meets Category 36 CFR (e)(6) - "Timber stand and/or wildlife habitat improvement activities that do not include the use of herbicides or do not require more than 1 mile of low standard road constructiori'. This category is appropriate for this project because it will result in the protection of wildlife habitat and does not include the use of herbicides or the construction of any roads. An environmental assessment (EA) or environmental impact statement (EIS) will not be prepared. Resource conditions pertaining to extraordinary circumstances (see the following discussion), including associated resource specialists input, were reviewed and indicate no extraordinary circumstances exist to preclude use of a categorical exclusion in accordance with Council on Environmental Quality regulations at 40 CFR The project, as designed, will have little to no effect on the natural or human environment. REVIEW OF EXTRAORDINARY CIRCUMSTANCES In deciding whether a categorical exclusion may be used, the responsible official must assure there are no extraordinary circumstances related to the proposed action warranting further analysis and documentation in an EA or EIS. In accordance with FSH Section 31.2 the following resource conditions were considered in determining whether extraordinary circumstances related to the proposed actions warranted further analysis and documentation in an EA or EIS: Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. Based on review of the terrestrial species list for federally protected animals from the USFWS (updated 2/11 /2009) and the Regional Forester's list of sensitive species for the SQF, there may be four Forest Service sensitive species located in or near the project area. Forest Service Sensitive species include two species of bats, Pallid Bat (Antrozous pal/idus) and Townsend's big-eared bat (Corvnorhinus townsendii townsendit) and two species of salamander, Kern Canyon slender salamander (Batrachoceps simatus) and yellow-blotched ensatina (Ensatina escholtzii croceator). There would be no effect on the sensitive salamanders and beneficial effects for the bats (protection of the roost sites). Given the likely presence of bats in the underground workings of the Weldon Meadow Mine, the adit closure would be secured through placement of bat-friendly gates or barriers. The mine shaft is flooded to within six feet of the su rface and does not constitute bat habitat. Operations will be timed to avoid critical periods such as maternity roosting and hibernation. With the above mitigations in place, direct effects would be limited to temporary disturbance during installation (a period of generally less than one day). Disturbance would occur during daylight hours and should not result in displacement of individuals. No significant direct or indirect effects are anticipated. No federally protected species or critical habitat would be affected by the project. It is worth noting that this project will potentially protect people and domestic and wild animals from inadvertently becoming trapped or injured in the mine adit or drowning in the mine shaft that is full of water. Page 2 of 6

3 =- Flood plains, wetlands, or municipal watersheds. Executive Order provides direction to avoid adverse impacts associated with the occupancy and modification of floodplains. Floodplains are defined by this order as"... the lowland and relatively flat areas adjoining inland and coastal waters including flood prone areas of offshore islands, including at a minimum, that area subject to a one percent [100-year recurrence] or greater chance of flooding in any one year." This project area is within, but will not affect, the Bakersfield Municipal Watershed. Congressionally designated areas such as wilderness, wilderness study areas or national recreation areas. This project area does not lie within any wilderness, wilderness study areas or national recreation areas. The operations covered under this project will not affect these determinations or impact wild and scenic resources. Inventoried Roadless Areas or potential wilderness areas. This project area is within one mile of, but outside the Woolstaff Inventoried Roadless Area. It does not fall within or near any potential wilderness areas. The operations covered under this project will not affect these determinations. Research Natural Areas. This project area does not fall within any research natural areas. The nearest one, Long Canyon RNA, is about 8 miles away. The operations covered under this project will not affect this determination. American Indian and Alaska Native religious or cultural sites. The operations covered under this project will not conflict with Native American Indian religious or cultural sites. It is expected that the operations covered under this project will not adversely affect cultural resource values or place restrictions on cultural traditional practices. Archaeological sites, or historic properties or areas. The operations proposed under this project have the potential to affect historic-period resources that are of age to be considered historic properties. The Weldon Meadow Mine was evaluated as Not Eligible to the National Register of Historic Places in 2009 and as such is not a historic property as defined in 36 CFR The site is, however, located within the boundaries of the Piute Mountains Historic District, a potentially eligible mining district associated with 19th and early 20th century mining in the Piutes. Certain elements of the site, such as the surviving cabin and landscape-level features such as the mine portals and waste-rock pile, though not individually eligible, may modestly contribute to the significance of the larger historic district. The proposed gate and grating would require little modification to the adit and shaft portals and the project would pose little visual impact to the site-a few feet of the shaft would still be visible above the grating (which would be covered with rock) and the visitors could peer through the gate into the adit. Given the finding of Not Eligible for the site, and given the low visual and archaeological impact of the undertaking, the project would not pose an adverse effect to historic properties or to the surrounding historic landscape. PUBLIC INVOLVEMENT The Weldon Meadow project proposal was originally part of the Moreland Mines Reclamation Project and was first listed in the Schedule of Proposed Actions in July, Public scoping was conducted on October 9, 2008, to individuals, a variety of local organizations and tribal authorities, and to Federal, State, and local Page 3 of 6

4 a --=agencies interested in mining reclamation activities. The Forest Service identified the follow three significant issues to address and mitigations as part of the Moreland Mines Reclamation Project: "Impacts to vegetation during access" - This issue will be mitigated by project design features that assure no vegetative impacts resulting from access or construction. "Vehicle access to sites for interpretive needs and recreation opportunities" - This issue will be mitigated by not closing the mine access road. "Site may be historical" - Although the site has been determined to be Not Eligible to the National Register of Historic Places it is, as noted above, located within the Piute Mountains Historic District. In terms of visual and interpretive impacts, the project would not alter the historic character of the site or impede its ability to interpret the past to visitors. In terms of impacts to the historical significance of the larger historic district, the gate and grating would not physically alter any elements that convey meaning about the past. The integrity of design, materials, and workmanship of the mine portals would not be affected and the narrative of the past represented by the resource would remain intact. Consequently, the undertaking falls under the terms of the Regional PA cited below and would not adversely affect landscape or historical resources that contribute to the historical significance of the district. The Moreland Mines Reclamation Project has never had a NEPA decision or implementation completed. However each of the three concerns above are addressed by the current project. A public scoping letter for the Project was sent on September 9, 2016 to 37 individuals and organizations representing environmental groups, tribes, local groups, governmental agencies, and the Mediated Settlement Agreement. The Project was listed on the Schedule of Proposed Actions in September One comment letter was received, expressing concern over potential use of a chemical foam to seal the hazardous vertical mine shaft filled with water. Two options for closure of the water filled shaft were considered during scoping, including either the use of foam plug or a rock-covered grate. Due to concerns over the potential toxicity of the polyurethane foam, this shaft will instead be plugged with a metal grating covered by rocks from the local area to prevent entrapment of either wildlife or people. FINDINGS REQUIRED BY OTHER LAWS National Historic Preservation Act. The undertaking is covered under the Programmatic Agreement Among the U.S.D.A. Forest Service, Pacific Southwest Region, California State Historic Preservation Officer, Nevada State Historic Preservation Officer, and Advisory Council on Historic Preservation Regarding the Process for Compliance With Section 106 of the National Historic Preservation Act for Undertakings on the National Forests of the Pacific Southwest Region (Regional PA). The specific design elements of the undertaking fall under Appendix D(2.3)(k) of the Regional PA: "Hazards abatement, including elimination of toxic and other hazardous material (excluding remediation of CERCLA sites); and filling, barricading, or screening of abandoned mine shafts, adits, and stopes where such features are not historic or contributing properties, or closure methods only include reversible means such as bat gate (except cupola type), rebar shaft grate, gates, lugs, fencing, or polyurethane foam (PUF) shaft plug methods where installation (e.g., cement) avoids portal structural features as much as practicable." Page 4 of 6

5 -==-= Endangered Species Act. No threatened, endangered, or candidate species will be affected by operations covered under this project. Midratory Bird Treaty Act. The operations covered under this project will not affect migratory birds or habitat at the project scale. Clean Water Act. Operations covered under this project will be conducted in accordance with requirements of the California Central Valley Regional Water Quality Control board to ensure compliance with the California Water Code and the Federal Clean Water Act. Any ground disturbing activities need pre-approval by the Forest Service. These actions are consistent with the standards and guidelines for protecting water quality through implementation of BMPs. Clean Air Act. The operations covered under this project will be conducted in accordance with the Clean Air Act, the conformity provisions of the Clean Air Act, California's Title 17 (Smoke Management for Agricultural and Prescribed Burning), and local air pollution control district regulations. National Forest Management Act. These actions are consistent with the goals, objectives, and management direction of the LAMP of ensuring that disturbed lands are returned to a use that is consistent with long-term forest land and resource management plans and by removing hazardous materials from the NFS land. ADMINISTRATIVE REVIEW OR OBJECTION OPPORTUNITY This decision is not subject to legal notice, opportunity to comment or objection, pursuant to Forest Service Regulations at 36 CFR (a), Project-Level Predecisional Administrative Review Process. IMPLEMENTATION DATE Project implementation is proposed for September, CONTACT PERSON For additional information concerni ng this decision or any other questions, please contact Artie Colson, Special Use Officer, at (661) , or write to Artie Colson, Sequoia Nafional Forest, Kern River Ranger District, P.O. Box 3810, Lake Isabella, CA Page 5 of 6

6 ,,...= - a 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 infonnation, 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 infonnation (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, S.W., Washington, D.C , or call (800) (voice) or (202) (TDD). USDA is an equal opportunity provider and employer. Page 6 of 6