Environmental Assessment - a123.g.akamai.neta123.g.akamai.net/7/123/11558/abc123/forestservic... · Forest Service, the agency decided to prepare an environmental assessment (EA)

United States Department of Agriculture Forest Service August 2017

Environmental Assessment

Rio Grande Silver Corridor Extension

Divide Ranger District, Rio Grande National Forest Mineral County, Colorado

Township 42 North, Range 1 West, Section 15

13308 West Highway 160 (719) 657-3321

www.fs.fed.us/main/riogrande

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Environmental Assessment Rio Grande Silver Corridor Extension

Table of Contents

Contents

Introduction .......................................................................................................................... 4 Background ..................................................................................................................................4 Purpose and Need for Action .......................................................................................................4 Proposed Action ...........................................................................................................................5 Issues ............................................................................................................................................8

Alternatives, including the Proposed Action ........................................................................... 8 Alternatives ..................................................................................................................................8 Project Design Features ...............................................................................................................9

Forest Service-required design features ..................................................................... 9

Proponent-committed management and design features ....................................... 10

Reclamation .............................................................................................................. 14

Environmental Consequences .............................................................................................. 16 No action ................................................................................................................................... 16 Proposed action ........................................................................................................................ 16

Fisheries .................................................................................................................... 16

Water quality ............................................................................................................ 17 Project Issue Effects .................................................................................................................. 17 Public Health or Safety .............................................................................................................. 17 Unique Characteristics of the Geographic Area ........................................................................ 18 Quality of the Human Environment .......................................................................................... 18 Uncertainty ............................................................................................................................... 18 Precedent for Future Actions .................................................................................................... 18 Cumulative Effects .................................................................................................................... 18 Cultural Resources .................................................................................................................... 19 Threatened, Endangered, and Sensitive Species ...................................................................... 19 Federal, State, or Local Laws ..................................................................................................... 19

Consultation and Coordination ............................................................................................. 20

References Cited .................................................................................................................. 21

APPENDIX A: RESPONSE TO COMMENTS............................................................................... 23

Rio Grande Silver Corridor Extension Environmental Assessment

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INTRODUCTION

Background

Rio Grande Silver, Inc. (Rio Grande Silver) is currently authorized to conduct mineral exploration activities in an area northwest of the community of Creede, in Mineral County, Colorado. The firm has identified their approved exploration as the San Juan Silver Exploration Project. In July 2009, Rio Grande Silver filed a Plan of Operations (Plan of Operations) for a five year exploration drilling program with the USDA Forest Service for locatable minerals on lands that the company controls in the Creede Mining District and on unpatented mining claims on adjacent federal lands. Because much of the exploration activity contained in this Plan of Operations was located on public lands administered by the Forest Service, the agency decided to prepare an environmental assessment (EA) in compliance with the National Environmental Policy Act (NEPA). The EA was completed in 2010 with the Finding of No Significant Impact (FONSI) and Decision Notice (DN) signed in April of 2010. These documents are incorporated by reference.

Rio Grande Silver’s approved Plan of Operations from 2010 authorizes them to establish drill pads along the approved corridors and install temporary roads as needed through April of 2015. The EA analyzed for a total disturbance of 47.6 acres, including drill pads, temporary roads and re-opened roads. The Plan of Operations included plans to reclaim disturbed land as the project progressed, so no more than 27 acres of the 47.6 would be disturbed at one time. Due to declining metal prices Rio Grande Silver’s exploration program was put on hold until the venture could be deemed profitable. In 2015 Rio Grande Silver requested a five year extension to the San Juan Silver Exploration Plan of Operations with no modifications. The Forest Service conducted a NEPA sufficiency review and granted the five year extension through April of 2020.

More recently, Rio Grande Silver submitted a modification to their approved exploration Plan of Operations to extend one of their approved corridors.

Purpose and Need for Action _____________________________

The purpose of this action is to analyze a proposed modification to the approved Plan of Operations submitted by Rio Grande Silver, Inc. The modification consists of a corridor extension of 0.9 miles along Forest System Road (FSR) 505 on National Forest System (NFS) lands for mineral exploration activities. This corridor extension is needed because Rio Grande Silver has identified that it has the potential to contain precious metals and it is not covered by the 2010 Plan of Operations and analysis.

This action is consistent with the desired condition for minerals identified in the Rio Grande National Forest’s Revised Land and Resource Management Plan (USDA 1996):


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Mineral development is compatible with ecosystem capabilities and resource values. Balanced use and development of mineral resources are allowed, while protecting other resource values with stipulations, mitigation, and careful monitoring. Problems caused by historic mining are corrected.

The proposed action responds to Forest-wide Objectives 3.1, 7.1, and 8.1:

3.1 Emphasize long-term sustainable production of resources for economies, communities, and people.

7.1 Cooperate with all people, including those whose livelihood is dependent on National Forest Resources, in the development of plans and projects.

8.2 Recognize the nature and extent of local economic dependencies on National Forest activities. Give special attention to resource programs that help diversify rural economies.

The proposed action would take place in the General Forest and Intermingled Rangelands Management Area (5.11). The intent of this prescription is to allow a variety of management options including but not limited to exploration and/or development of minerals and energy resources. The desired condition for this management area prescription is for opportunities for mineral- and energy-resources exploration and development to exist.

Proposed Action _______________________________________

The proposed action is to extend Rio Grande Silver’s exploration corridor along FSR 505 by 0.9 miles. The corridor will be a maximum width of 100 feet on either side of the road and create no more than one acre of additional disturbance across four pads.

This proposed action tiers to the Environmental Assessment (EA), Finding of No Significant Impact (FONSI) and Decision Notice signed in 2010 for the San Juan Silver Project. All project design features and the reclamation plan are incorporated into this proposed action. The map on the next page illustrates the corridor extension’s location relative to existing development.


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Figure 1: Proposed Corridor Extension Relative to Existing Exploration Corridors


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Figure 2: Proposed Corridor Extension Vicinity Map


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Issues ________________________________________________

Appendix A summarizes the comments received during scoping. None of the comments resulted in issues that led to the development of new alternatives.

However, the Forest Service identified five themes raised during scoping. These themes are identified below, along with how they are addressed

Theme #1: What type of erosion controls will be used to control runoff from the disturbed landscape?

Addressed: The project design features listed in the following section identify the types of erosion control required.

Theme #2: Potential contamination of exposed processed/unprocessed drilled material and sediment need to be mitigated by proper BMP’s.

Addressed: The project design features listed in the following section identify the specific Best Management Practices used to mitigate potential contamination by exposed processed/ unprocessed drilled material and sediment.

Theme #3: There needs to be a revegetation plan for the disturbances created.

Addressed: The proposed action incorporates the reclamation (revegetation) plan developed for the initial Plan of Operations. It is included in the list of Project Design Features.

Theme #4: Is Rat creek which is adjacent to the project a sustainable fishery? Is there any prerecorded data that could be used to set a baseline for water quality in the stream?

Addressed: The fisheries specialist report and environmental consequences section of this document addresses Rat Creek’s fishery status and water quality baseline information.

Theme #5: Twenty-seven acres is a lot of disturbance for this project.

Addressed: The 27 acre total is a cumulative total disturbance at-one-time for both the currently approved Plan of Operations and the proposed extension. The maximum of 27 acres disturbed at-one-time design feature was implemented with the decision to approve the 2010 Plan of Operations. The proposed corridor extension would come under the 27 acres at-one-time cap set by the 2010 decision.

ALTERNATIVES, INCLUDING THE PROPOSED ACTION

Alternatives ___________________________________________

The Proposed Action

The proposed action is to extend Rio Grande Silver’s exploration corridor along FSR 505 by 0.9 miles with a maximum width of 100 feet on either side of the road and no more than 1


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acre of additional disturbance on 4 pads. This proposed action tiers to the Environmental Assessment (EA), Finding of No Significant Impact (FONSI) and Decision Notice signed in 2010 for Rio Grande Silver Exploration Project Plan of Operations. All project design features and the reclamation plan are incorporated into this proposed action.

Project Design Features _________________________________

The 2010 decision authorizing Rio Grande Silver’s exploration corridor included a suite of project design features to reduce or prevent negative impacts to the environment. These are incorporated into this proposed action and listed below. In addition to the design features, the proposed action also includes the reclamation plan incorporated into the 2010 analysis and decision.

No additional design criteria were identified to mitigate the impacts of the 0.9 mile corridor extension.

Forest Service-required design features Cultural and Historic Resources Rio Grande Silver has committed to cultural resource protection. In addition to those measures, if it becomes necessary to disturb the area within 100 feet of a known archaeological site, a Forest Service archaeologist would need to be on site to monitor the construction activities, at that location.

Soils and Erosion Rio Grande Silver has committed to soil protection and erosion control. In addition to those measures, the Forest Service will field review and approve any access road or drill pad construction on soils the Cryumbrepts-Rock outcrop - Rubble land soil complex, which has a high potential for mass movement, prior to construction work.

Vegetation - Sensitive Plants and Noxious Weeds To minimize the possible risk of disturbance to sensitive plant populations, suitable habitat areas proposed for mineral exploration disturbance would be surveyed by a Forest Service’s authorized representative (retained by Rio Grande Silver) for sensitive species presence prior to proposed ground disturbing activities. If a sensitive plant population is located in a proposed disturbance site, the road or drill pad location may need to be modified, in consultation with the Forest Service, to minimize or preclude the potential loss of sensitive plants.

A new site-specific BE report for sensitive plants may be required to evaluate modifications to the proposed project. The need for a new site-specific BE for sensitive plants would also apply if results of completed exploration work cause a modification in the proposed project.

Noxious weed colonization would be inhibited by limiting the time disturbed ground is open to seed disposition. This would be facilitated by seeding disturbed areas as soon as practical after access uses are ended. Rio Grande Silver would monitor the reclamation of disturbed


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sites for two growing seasons following seeding, to ensure adequate desirable plant establishment on disturbed sites.

Wildlife In order to preclude the risk of incidental take of nesting birds, mature forested portions of the project area would be surveyed by a Forest Service or other qualified biologist for suitable nest trees where tree removal would be required for access roads or drill pads during the nesting season. If an active nest tree is located in or near proposed disturbance sites, the timing or location of tree clearing activities would be altered in consultation with the Forest Service District Biologist to avoid loss of birds.

Equipment Use The Forest Service may inspect equipment used on lands administered by the National Forest System, to ensure adequate spark arresters are installed, for fire prevention and safety.

Proponent-committed management and design features Rio Grande Silver plans to implement and maintain numerous environmental protection measures to minimize impacts to natural resources. These measures are standard practices or the result of Forest Service or other government agencies regulations and policies.

Air Quality Rio Grande Silver would comply with applicable federal and state air quality standards as set forth in 36 CFR Chapter II Part 228.8(a). The dust from use of roads would be minimized to the extent reasonable by minimizing Rio Grande Silver and contractor vehicular speed, along with implementing dust abatement measures such as watering dusty areas.

Cultural and Historic Resources Cultural surveys have been conducted by Rio Grande Silver’s contract archaeologists under guidance from the Forest Service. Rio Grande Silver would avoid identified cultural resource sites (historic or pre-historic).

Rio Grande Silver employees and contractors would be informed about relevant governmental regulations intended to protect cultural and historic resources. If any unknown cultural or historic resources are unearthed or otherwise encountered during the drilling activities on Forest Service administered lands, exploration activities would cease at that site, Rio Grande Silver would notify the Forest Service who would contact the Colorado SHPO such that those cultural resources could be identified and appropriate resource protection measures developed and implemented.

Soils and Erosion Control Rio Grande Silver would minimize the area of disturbance for roads and drill pads while still providing for worker and equipment safety. Rio Grande Silver would locate drill pads to avoid or minimize concentrations of surface flow and, to the extent possible, disturbance to


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areas with wetland vegetation. Concurrent reclamation would be employed throughout the life of the project when areas are available for reclamation.

Rio Grande Silver would locate drill pads and roads to avoid or minimize, to the extent possible, disturbance to areas with wetland vegetation.

Off-road vehicle traffic and equipment use by Rio Grande Silver and contractor vehicles would be prohibited except in emergency conditions.

Rio Grande Silver would also minimize project-related traffic during periods when soils are saturated and road rutting occurs. To reduce erosion and sedimentation, Rio Grande Silver would use, as appropriate, grade dips, culverts, silt fencing, wattles, diversion ditches, revegetation and other erosion control techniques.

Road crossings of ephemeral, intermittent and perennial drainages would be made perpendicular to flow direction. Where conditions dictate, Rio Grande Silver would properly install appropriately sized, temporary culverts at road crossings of perennial drainages to prevent degradation of the stream banks. These culverts would be removed as part of road reclamation.

Trash As part of operations and reclamation, project-generated trash would be cleaned up from drill sites, removed from the site, and disposed of at the appropriate county landfill. No trash would be left at the drill pad sites or along roads into the exploration project area.

Diesel Fuel and Gasoline An estimated 200 gallons of diesel fuel would only be stored in fuel storage tanks located directly on drill rigs and support vehicles. In the event that fuel is spilled, Rio Grande Silver and/or its drilling contractor would take appropriate measures to control the spill and would notify the Forest Service and/or the Colorado DPHE (Department of Public Health and the Environment), Water Quality Control Division, as required.

Any fuel (or other hazardous materials) spills would be cleaned immediately, and any resulting waste would be transferred off site in accordance with applicable federal and state regulations. The contract driller(s) would maintain a SPCC (spill prevention control and countermeasure) plan and spill kits on site for use in case of a spill; the contract drillers will submit this SPCC plan to the Forest Service.

Vegetation and Scenic Values Removal or disturbance of vegetation would be kept to a minimum by using existing roads, where possible, by keeping drill pad sites to only the area needed for drilling (approximately 0.2 acre), and by drilling multiple holes from each drill pad. Disturbed areas would be stabilized and reclaimed in accordance with reclamation plans approved by the Forest Service and Colorado DRMS.


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Noxious Weed and Undesirable Plant Control Measures Disturbed areas would be recontoured and reclaimed following exploration activities in accordance with reclamation plans approved by the Forest Service and Colorado DRMS.

To reduce the introduction of weed species into the area, Rio Grande Silver and its contractors would power wash (until no visible plant parts or soil is visible upon inspection), drill rigs and support equipment prior to the start of drilling. If the drill rigs are taken to another exploration site outside the Creede Mining District, they would be power washed prior to being returned to the San Juan Silver Project area.

Rio Grande Silver would use approved, native (certified weed-free) seed mixtures for reclamation. Weed control, if necessary, would be conducted by hand pulling/digging, biological control (with an approved Forest Service herbicide), and/or mechanical methods, as directed by the Forest Service.

Fire Prevention and Control Rio Grande Silver and its contractors would comply with applicable Forest Service and Colorado fire laws and regulations. Rio Grande Silver employees and its contractors would undertake reasonable measures to prevent and suppress fires in the exploration project area. Vehicles, drilling equipment and chain saws would have spark arrestors. A cache of fire tools would be located at the active drill pad sites when drilling is occurring.

The Forest Service issues special fire orders during high fire danger periods; during these periods, Rio Grande Silver and its contractors would comply with these orders, or get special permission to continue to work, under general forest closures. During these high fire danger periods, Rio Grande Silver would establish two-way communications with the local Forest Service office and incident command team, if needed, to report where exploration crews are working.

Road Use and Construction Rio Grande Silver would use public roads to access drill pad sites and to help minimize surface disturbance. In addition, to access certain drilling targets Rio Grande Silver would, upon Forest Service approval, re-open reclaimed roads and construct temporary low-standard roads. These roads would be temporary, would not be available for public use, and would be reclaimed once exploration work is completed.

As part of on-going drilling, temporary barriers and/or gates with “area closed” signs would be placed where the drill pad access road leaves an existing NFSR, to discourage unauthorized travel.

As appropriate, temporary roads would be installed with suitable drainage and erosion control features, such as grade dips, culverts, and sediment traps, to reduce, erosion and sedimentation. Roads would be maintained to provide safe access for exploration equipment and contractors.


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Rio Grande Silver would prohibit off-road vehicle activity by employees and contractors. Upon completion of exploration activities, when access is no longer needed to drill pad sites, Rio Grande Silver would close and reclaim temporary roads, provided that the Forest Service does not need them for some future use.

To the extent possible, Rio Grande Silver would design and construct temporary new access roads along the contour to limit overall site disturbance. Where the new temporary roads traverse slopes to access drill sites, Rio Grande Silver would minimize “cut” and “fill” to reduce disturbance and reclamation expense.

During periods of wet weather, Rio Grande Silver would minimize vehicle traffic to the extent possible to limit rutting and gully development. Temporary culverts may be installed to protect drainage crossings, but these culverts would be removed as part of final reclamation. Any drainage crossings would be perpendicular to the flow of the drainage. Rio Grande Silver would establish and maintain grade dips and install sediment traps as needed to prevent erosion and subsequent sedimentation.

When snowfall events occur during exploration activities, Rio Grande Silver would plow snow to gain access to the drill pads. Snow would be plowed from road-edge to over the road-edge / fill slope, with snow being windrowed below the road and with holes punched through the snow berm intermittently for drainage. As snow accumulations deepen, Rio Grande Silver may use a snow blower machine to assist in snow removal. As snow removal becomes logistically impractical, exploration drilling would be suspended for the season.

Water Quality Rio Grande Silver would conduct drilling activities in a manner that would not interfere or obstruct any authorized or appropriated use of water by other parties. Existing water wells developed for domestic or other water uses would be avoided and unaffected by exploration drilling activities.

To prevent the potential of different water zones from intermingling, drill holes would be plugged.

Wildlife Rio Grande Silver would notify employees and contractors of applicable wildlife laws and penalties associated with unlawful taking and harassment of wildlife. No species of wildlife would be intentionally harmed during the exploration project. Removal of snags would be avoided when possible, and snags would be inspected for the presence of cavity nesting birds.

Recreation To promote public safety, the Forest Service would control travel on the temporary low-standard access roads or the drill pads.


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Public access to the drill pads would be prohibited, with the use of notice postings to prohibit unauthorized entry. Rio Grande Silver would inform their employees, contractors and subcontractors that long-term camping (greater than 14 days at one site) is prohibited on federal lands.

Reclamation Rio Grande Silver would reclaim areas disturbed by exploration activities and would use reclamation practices that have been utilized at other western U.S. exploration projects. Rio Grande Silver also plans to use concurrent reclamation when areas become available for reclamation, such as when drilling is finished on a drill pad site or when the temporary access roads are no longer needed.

The reclamation goals for the project are:

Return disturbed areas to pre-disturbed topography;

Stabilize the disturbed areas; and,

Establish a self-sustaining native vegetative community. Drill-Hole Plugging. Upon completion of drilling, Rio Grande Silver would fill drill holes with concrete, cement grout or bentonite grout to prevent any vertical movement of groundwater within the drill hole, as well as to eliminate a post-exploration danger to people and wildlife that might be traversing the area. The concrete or grout would be placed “bottom upward” in the drill hole prior to the drill rig being moved off the drill pad.

About three feet below the ground surface, the drill holes would be plugged with a pre-cast or in-situ cement plug or bridge. The plug would be slightly larger than the diameter of the drill hole and be placed to remain firmly in position. This plug would help ensure that any settlement of concrete or grout in the hole would not affect the long-term effectiveness and integrity of the plugging procedure. Soil and/or dirt/rock material would be spread over the top of the plug.

The drill-hole abandonment procedures used by Rio Grande Silver would exceed the requirements of the Colorado DRMS for exploration drill-hole abandonment. Once drill hole plugging is complete, the drill pad would be reclaimed.

Recontouring and Regrading. Disturbed areas, (including both drill pads and temporary access roads) would be contoured and graded to restore approximate original contour and to blend into surrounding terrain. Compacted areas, such as roads and drill pads, would be loosened as necessary by scarifying, and would be left in a “roughened” condition prior to fertilizing and seeding. Any contouring and grading work would involve the retention of grade dips and/or restoration of ephemeral surface water channels to handle flows through the area.

Topsoil Replacement. Topsoil depths range from 0 to a few inches in the forested and alpine areas of the proposed exploration area. Where isolated pockets of thicker topsoil


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material exist within the area proposed for the drill pads, such material would be salvaged, stockpiled adjacent to the drill pad, and used for reclamation.

Fertilizer. Following grading activities, fertilizer would be applied to aid in the growth of vegetation on the disturbed sites. For the Montane habitat (8,300 to 10,400 ft) and subalpine habitat (10,400 to 11,600 ft), a 50/50 mixture of monammonium phosphate (11-52-0) and urea (46-0-0) would be applied at a rate of 100 pounds per acre. For the strongly-acid soils in the alpine habitat (above 11,600 ft) a 60- to 80-mesh dolomitic limestone would be applied to graded areas at a rate of about 2 tons per acre. In addition, in the alpine habitat, a 50/50 mixture monammonium phosphate (11-52-0) and urea (46-0-0) would be applied at a rate of 200 pounds per acre.

Seeding. Seeding would be conducted by hydro-seeding or broadcast seeding using certified weed-free species mixtures approved by the Forest Service. The ultimate species selection would be based on a Forest Service listing of reclamation plants and seed availability. Seeding would be conducted in the late fall to take advantage of spring snow melt and the subsequent moisture availability.

Mulching. On disturbed slopes greater than 30% and in areas disturbed in the alpine habitat, a straw or fabric mulch would be used to aid in stabilizing the disturbed areas to minimize or prevent erosion, as well as to promote revegetation. If straw mulch is used, it would be certified as weed-free, applied at a rate of about two tons per acre, and applied over the seedbed. Fabric mulches include jute netting and Excelsior erosion control blankets, and these mulches would be tacked, crimped or otherwise secured to withstand windy conditions common in alpine habitats.

Reclamation Success Criteria and Monitoring. The success of reclamation would be monitored during the first and second years after final reclamation to ensure that erosion is minimized and that species re-establishment is occurring. Maintenance would be conducted on site as necessary to ensure establishment of species. The post-project land uses would be managed for multiple uses, including wildlife habitat and dispersed recreation, consistent with the provisions of the Rio Grande National Forest Plan and Colorado DRMS standards.

Reclamation Cost Estimate. If the proposed exploration is approved, the Forest Service and the Colorado DRMS would require that Rio Grande Silver update its reclamation bond for the Creede Mining District-wide exploration program. In 2008, Rio Grande Silver posted over a quarter million dollar reclamation bond for exploration activities in this area with the Colorado DRMS. This reclamation bond will be sufficient for the exploration work proposed by Rio Grande Silver. As per an April 28, 2004 MOU between the Forest Service and Colorado DRMS, the Colorado DRMS holds reclamation bonds for exploration projects on Forest Service administered lands in the state of Colorado.


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ENVIRONMENTAL CONSEQUENCES

Effects to the resources highlighted during scoping (fisheries and water quality) are described below. Resource specialists on the Interdisciplinary Team (IDT) determined that the proposed action, as implemented with the project design features, will have no effect on wildlife, plants, range management, soils, or silviculture. Reports documenting these determinations are available in the project record.

No action

The no-action alternative would maintain the existing condition in all resource areas.

Proposed action

Fisheries Information regarding fisheries and current habitat conditions were summarized within and near the analysis area for the San Juan Silver Exploration Project Environmental Assessment completed in 2010 (USFS 2010b). The corridor extension described above will take place in a limited subset of the original analysis area, specifically in the Rat Creek drainage. The original baseline summary was obtained from field surveys and reports completed between 1999 and 2008 by cooperators and the U.S. Forest Service. This summary was primarily associated with the Willow Creek watershed and the effects to the Rio Grande and is still sufficient for those systems. This analysis will therefore focus on the potential direct effects to Rat Creek and recent unreported fish summary information.

Rat Creek is a tributary to Miner’s Creek which is a tributary to the Rio Grande near Creede, Colorado and is just west of the Willow Creek watershed. As noted in the hydrology and soils assessment, this proposed corridor extension is within a Soil Resource Inventory Unit (#165) that was included in the original analysis and no concerns were noted at that time. Also similar to the Willow Creek watershed, Rat Creek and lower Miner’s Creek have likely been heavily impacted from historic mining activity. In June 1980, a fish and habitat survey on lower Miner’s Creek near the confluence of the Rio Grande noted stream damage and low fish population possibly due to mine tailings upstream.

No changes to listed threatened or endangered fish species have occurred since the 2010 decision and no changes to the Rio Grande National Forest sensitive species or Management Indicator Species (MIS) list have occurred relative to fisheries. In 2014, the U.S Fish and Wildlife Service determined that the Rio Grande Cutthroat Trout (Oncorhynchus clarkii virginalis) was not warranted for listing as endangered or threatened and was removed from the candidate list (USFWS 2014). This species was already evaluated as a sensitive species and MIS but was not known in the project area. This remains valid for this analysis. Current species information is based on the most recent surveys conducted in 2008 on Rat Creek at two locations (RC1, RC2) by CPW and USFS staff. RC1 is located approximately 1 mi (1.6 km) above the confluence with Miner’s Creek and is downstream of the corridor extension. RC2 is located approximately 2.5 mi (4.0 km) above the confluence


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with Miner’s Creek and is upstream of the corridor extension. At the downstream site (RC1), a total of 28 fish were captured, predominately Brown Trout (Salmo trutta) with much fewer Brook Trout (Salvelinus fontinalis) observed. At the upstream site (RC2), a total of 57 Brook Trout were captured. These species were noted in the original evaluation as present in the project area.

Rio Grande Cutthroat Trout, Rio Grande Chub (Gila pandora) and Rio Grande Sucker (Catostomus plebeius) have no populations or habitat within the project area. The analysis area is considered outside the estimated historical range for these species. Brook Trout are present both upstream and downstream of the corridor expansion but as mentioned in the hydrology and soils report, the exact location of the corridor presented is not located in the stream corridor. Due to the distance from Rat Creek, there will be no impact on Forest Service sensitive fish species or MIS.

Water quality Analysis for this extension can be tiered to the 2010 EA, which did not indicate a detrimental impact to either soil or water resources from the proposed exploration corridors. The proposed corridor extension is 0.9 miles long. It is not located in a stream corridor, on steep slopes or on soils that have mass movement potential. Soils have high erosion potential, but because the exploration corridor is not located on stream corridor, proper application of best management practices can effectively mitigate resource impacts. The proposed corridor extension is located entirely within Soil Resource Inventory (SRI) unit 165. This SRI unit was included in the original analysis and no concerns were raised with respect to exploration activities on these soils.

Due to the distance from the stream corridor and the soils associated with the project, it is not anticipated that there will be any detrimental impacts to soil or water resources. This analysis is tiered to the original EA and all project design features and/or BMPs designated within that analysis should be used in the implementation of the additional exploration corridor when approved.

Project Issue Effects ______________________________

Consideration of the intensity of environmental effects is not biased by beneficial effects of the action. No significant adverse effects were found.

Public Health or Safety ____________________________

There will be no significant effects on public health and safety because surface disturbing activities will be conducted in conformance with federal and State of Colorado health and safety requirements and regulations. Reclamation of disturbed areas will be completed as soon as practical after exploration operations are completed. In the interest of public health and safety, the general public is not allowed near the drill pads, or any active drilling operations. Trash will be contained and hauled from the drill pads to an approved disposal facility. Dust from traffic associated with project activities will be minimized by observance


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of prudent speed limits and strategic watering of the temporary access roads when conditions warrant.

Unique Characteristics of the Geographic Area _______

There will be no significant effects on the unique characteristics of the area because, there are no park lands, farmlands, wild and scenic rivers, or ecologically critical areas in or near the project. The project area has been inventoried for the presence/ absence of cultural resources. The proposed action will avoid known cultural resources inventoried and evaluated as eligible or potentially eligible for listing on the National Register of Historic Places.

Quality of the Human Environment __________________

The effects on the quality of the human environment are not likely to be highly controversial. There is no known credible scientific controversy over the impacts of the proposed action. The parameters of exploration drilling and the associated reclamation of drill pads and roads are well established. The project site is located in a semi-remote area of the Rio Grande National Forest with a well- documented history of mining and exploration activities.

Uncertainty _____________________________________

The Forest Service has considerable experience with actions like the one proposed. The analysis shows the effects are not uncertain, and do not involve unique or unknown risk. Activities approved in this decision notice are similar to activities that have taken place in this same area, historically, on NFS lands. Similar mineral exploration activities are done at many other locations throughout the United States. None is unique or involves unknown risks.

Precedent for Future Actions _______________________

The action is not likely to establish a precedent for the future actions with significant effects, because the action is not new, many other exploration activities have occurred in the project area. Any future projects within the project area, on in the surrounding areas, that may involve additional exploration or possible future mining, will be analyzed on their own merits, under a separate environmental analysis, and be independent of this decision.

Cumulative Effects

This corridor extension is not anticipated to have any direct or indirect effects and therefore will have no cumulative effects. The cumulative effects for the entire exploration project were analyzed and disclosed in the 2010 EA. The cumulative effects are not significant. Past, present, and reasonably foreseeable actions have been considered. The effects of the proposed action are limited to the local area and will not incrementally contribute to


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significant impacts on any of the resources that are present or may be affected by the proposed action.

Cultural Resources _______________________________

In 2016, a Rio Grande National Forest archaeologist did a 100% (Class III) pedestrian survey of the Area of Potential Effect (APE) for the Rio Grande Silver Corridor Extension. No new cultural resources were discovered during the survey; however, previously recorded sites 5ML519 and 5ML520 within the APE were re-evaluated. In 2009, a contractor documented an historic mining camp that was determined as officially eligible to the National Register of Historic Places (NRHP). Since 2009, a combination of deterioration and possible looting has erased almost all evidence of the camp. It was therefore recommended that the eligibility of the site be updated as not eligible to the NRHP.

In accordance with the provisions of Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended (Public Law 89-665; 54 U.S.C. 300101) and its regulations (36 CFR 800), the recommended determination for the proposed action is no historic properties affected. The Colorado State Historic Preservation Office (COSHPO) concurred with this recommendation on January 5, 2017.

Threatened, Endangered, and Sensitive Species ______

There will be no effects to any threatened, endangered, or sensitive plant or animal species. The biological assessment and evaluation are available in the project record.

Federal, State, or Local Laws _______________________

This action is consistent with the Rio Grande National Forest Land and Resource Management Plan. By statute, mining claimants have the right to access and develop a claim. The Forest Service cannot deny or unruly delay operations (see RGNF Forest Plan FEIS, Page 3-225). The project is compatible with the management area within which the project is located. The proponent will comply with all applicable state rules and regulations.

1872 Mining Law / FLPMA /NEPA

This project is consistent with the 1872 Mining Law and the Federal Land Policy and Management Act (FLPMA) because it provides the proponent with reasonable access to their unpatented mining claims. This project was prepared under and complies with the regulations for the National Environmental Policy Act (NEPA).

National Mineral Program Policy

The Federal government’s policy for minerals management is expressed in the Mining and Minerals Policy Act of 1970, “foster and encourage private enterprise in the development of economically sound and stable industries, and in the orderly and economic development of domestic resources to help assure satisfaction of industrial, security, and environmental needs.” Within this context, the National Forests and Grasslands have an essential role in contributing to an adequate and stable supply of mineral and energy resources while


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continuing to sustain the land’s productivity for other uses and capability to support biodiversity goals.

Colorado Mined Land Reclamation Act (as amended) (34-32-101 et seq. CRS)

The proposed action complies with the Colorado Mined Land Reclamation Board Hard Rock/ Metal Mines Rules and Regulations.

Endangered Species Act

A Biological Assessment and Biological Evaluation were prepared and applied to this project. They are available in the project file.

Migratory Bird Act

The design features, adopted in the proposed action, protect avian species of all designations.

Clean Water Act (as amended by the Oil Pollution Act, 1990)

The US Army Corps of Engineers (ACOE) will not require a permit for this project because the exploration project fits under the 6th category for exemptions, which includes, “construction or maintenance of farm roads, forest roads or temporary mining roads. Best management practices must be followed to reduce flow pattern impairment and aquatic impacts”. As the exploration project develops and the ACOE performs site visits, it may become necessary to get a Nationwide Permit to install temporary culverts to access drill pad sites.

Rio Grande Silver, Inc. has submitted, in their previous EA which will apply to this one as well, a Storm Water Management Plan to the Colorado Department of Public Health and Environment, Water Quality Control Division.

National Historic Preservation Act 1966 (as amended)

A recommendation of “no historic properties affected” was submitted to the Colorado State Historic Preservation Office on December 8, 2016. They concurred with this recommendation on January 5, 2017.

CONSULTATION AND COORDINATION

The Forest Service consulted the following individuals, Federal, State, and local agencies, tribes and non-Forest Service persons during the development of this environmental assessment:

ID TEAM MEMBERS:

Patrick Moran- Forest Geologist Dale Gomez- Divide District Biologist William Remshardt- Forest Fisheries Biologist Vaughn Thacker- Forest Soils Scientist Angie Krall- Forest Archeologist


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Tanner Dutton- Divide District Range Specialist

FEDERAL, STATE, AND LOCAL AGENCIES:

Colorado Division of Reclamation, Mining and Safety City of Creede Mineral County Colorado State Historic Preservation Office

TRIBES:

Southern Ute Indian Tribe The Hopi Tribe Ute Mountain Ute Tribe Uintah & Ouray/ Northern Ute Tribe Pueblo of Nambe Jicarilla Apache Tribe Navajo Nation Pueblo of Santa Ana Santa Clara Pueblo Taos Pueblo Pueblo of Santo Domingo Pueblo de Cochiti San Ildefonso Pueblo Pueblo of Picuris Ohkay Owingeh Pueblo of Zuni Pueblo of Laguna Pueblo of Acoma Comanche Nation

OTHERS:

Information Network for Responsible Mining

Willow Creek Reclamation Committee

Colorado Trout Unlimited

REFERENCES CITED

Huston, R.C. 2005. A Silver Camp Called Creede – A Century of Mining. Western Reflections Publishing Company, 538 pp.

USDA. 1996. Revised Land and Resource Management Plan Rio Grande National Forest. November 1996.


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USFS. 2010a. Decision Notice and Finding of No Significant Impact: San Juan Silver Project, Mineral County, Colorado. April 26, 2010.

USFS. 2010b. Environmental Assessment: San Juan Silver Project, Mineral County, Colorado. March, 2010.

USFWS. 2014. Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to List Rio Grande Cutthroat Trout as an Endangered or Threatened Species. Federal Register, Vol. 79, No 190. pages 59140-59150.


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APPENDIX A: RESPONSE TO COMMENTS

Table 1: Trout Unlimited comments and the Forest Service response.

Trout Unlimited Comment Forest Service Response

What type of erosion controls are to be used to control run-off from the disturbed landscape?

The reclamation plan covers erosion control. See Appendix C: Reclamation Plan.

Proper BMPs need to be implemented to mitigate potential contamination of exposed processed/ un-processed mine material or sediment.

The project design features describe mitigations.

Does RGS have a revegetation plan for disturbances they create? If so, a clear explanation of revegetation should be presented to the public.

The reclamation plan covers revegetation. See Appendix C: Reclamation Plan.

How long is the comment period for Forest Service EA’s and why?

36 CFR 218 (b)(4) For a proposed project or activity to be analyzed and documented in an EA, a statement that the opportunity to comment ends 30 days following the date of publication of the legal notice in the newspaper of record.

Is Rat Creek a sustainable fishery? The fisheries report will address the fishery potential.

27 acres is a lot to disturb. This acreage covers both the existing and proposed plans. The existing plan allows for up to 27 acres to be disturbed at one time. The new proposed action will be incorporated into this maximum without increasing it.


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Table 2: John H. Parker comments and the Forest Service response.

John H. Parker Comment Forest Service Response

Mineral County would be positively impacted if the mine was to reopen in terms of employment, tax base, and the ability to clean up the Nelson Tunnel & Willow Creek.

Thank you for your comment.

Express support for the expansion of the Rio Grande Silver Corridor.


The pros far outweigh the short term limited impacts.


Documents

Environmental Assessment - a123.g.akamai.neta123.g.akamai.net/7/123/11558/abc123/forestservic... · Forest Service, the agency decided to prepare an environmental assessment (EA)