Decision Memo - USDA

Decision Memo – Copper Springs Project of 13

Decision Memo

Copper Springs Project

USDA Forest Service

Tonto National Forest

Globe Ranger District

Gila County, Arizona

Background Anglo American Exploration (USA) Inc. (Anglo American) proposed an exploratory drilling project

southwest of Globe, in Gila County, Arizona by submitting a proposed Plan of Operations (Plan) for their

Copper Springs project. This project was previously proposed by Bronco Creek Exploration however the

project was never initiated or finalized.

The Copper Springs project on the Globe Ranger District is located in Township 1 South, Range 15 East,

Section 3-5, 9 and 10 (Gila and Salt River Base Line Meridian), near Russel Road, approximately two air

miles southwest from the town of Globe. See figure 1 through figure 3 in the appendix.

Purpose and Need The Forest Service is required to respond to proposed plans of operations on National Forest System

lands per the 1872 Mining Law and in accordance with requirements of 36 Code of Federal Regulations

(CFR) Part 228A. There is a need for the Forest Service to comply with the law and regulation in a

manner that minimizes adverse environmental effects and provides for reclamation of surface resources.

In accordance with 36 CFR 228.5, the submittal of the proposed Copper Springs project by Anglo

American requires the Forest Service to consider whether to approve the proposed Plan or to require

changes or additions deemed necessary to meet the purpose of the regulations for locatable mineral

operations at 36 CFR part 228, subpart A. Forest Service cannot categorically prohibit Anglo American’s

operations that are reasonably incident to mining of locatable minerals on National Forest System lands in

the area of the proposed action. The purpose of this project is to authorize activities for Anglo American

to explore for mineral resources in accordance with law, regulation, and policy.

Laws governing activities on National Forest System lands provide the public a statutory right to conduct

locatable mineral exploration, provided activities are reasonably incidental to mining and comply with

other Federal laws and regulations (i.e. 1872 Mining Law as amended, 1897 Organic Act, 1955 Mining

Act, and case law). Forest Service is directed to regulate such activities for the purpose of minimizing

adverse environmental effects and to provide for reclamation of surface resources (36 CFR Part 228A).

Forest Plan Direction

The 1985 Tonto National Forest Land Management Plan (Forest Plan) offers Forest-wide management

direction pertinent to minerals, which includes “Support environmentally sound energy and minerals

development”(Forest Plan, page 22). The Copper Springs project is located in Tonto Forest Plan


Management Area 2F. For this management area, direction for minerals includes processing plans of

operation. Additionally, Forest Plan management prescriptions applicable to all areas will be followed.

Decision I have decided to approve the proposed action, which will authorize Anglo American’s proposed plan of

operations for the Copper Springs project. Activities associated with the Copper Springs project include

drilling, road use, road improvement and overland motorized travel for access. All activities associated

with this project will be completed within one year of authorization of a Plan of Operations.

This project will minimize surface disturbance while testing subsurface geologic targets. The project area

has been surveyed for archeological and biological resources. Recommendations from the reports for

these resources will be used for mitigation measures and become part of an approved Plan.

Drilling - Anglo American identified six potential drill sites, from which a maximum of four drill sites

will be authorized for drilling. Based on the initial results from the first drill site, Anglo American will

determine which of the subsequent sites that are authorized will be drilled. Each potential drill site is

located in previously disturbed areas with relatively little vegetation to minimize further disturbance with

this project. Sites may require leveling a small area for equipment, constructing a sump to contain drill

cuttings and some vegetative clearing.

Road Access and Improvements - Anglo American identified minor road improvements on up to nine

sections on Forest Service roads 2639, 998 and 997 that will need to be completed in order to safely

transport drill equipment and crews to proposed drill sites. Road improvements will only occur in existing

roadbeds within the existing road prism, and will include blading and filling areas of erosion. One

overland access route will include elimination of a berm, which will be replaced upon completion of the

drilling operations. Road access and improvements will only be completed if an associated drill site is

selected for drilling. Road widening will not occur and road closures will not be authorized. No changes

or restrictions in public access will be authorized as part of this project.

Overland Route - One overland route will be authorized to access one of the drill pads. Use of the

overland route will only occur if the associated site is selected for drilling, and access will be obtained by

driving vehicles and equipment over the route. Larger vegetation and rocks will be avoided or

transplanted out of the roadway.

Timing – The Copper Springs project will be completed within one year or less. All surface disturbing

operations will cease regardless of the number of drill holes completed, with enough time remaining to

complete reclamation within one year from the date of commencement. Completion of work outside the

one year timeframe will require submittal of a new plan of operations, evaluation, and environmental

analysis.

Reclamation – Reclamation will occur at each drill site as soon as exploration work at that site is

completed. Well reclamation will be accomplished by abandoning each drill hole according to Arizona

Department of Water Resources standards. The operator will submit copies of well drilling, abandonment,

or well project completion forms submitted to state regulatory agencies to the district ranger for

documentation.

Unless otherwise agreed to in advance by the district ranger in consultation with Forest water resources

staff, and approved by the Arizona Department of Water Resources in accordance with their procedures,

wells will be abandoned in accordance with Standard Method as described in Section IV. A. of the Well

Abandonment Handbook (Arizona Department of Water Resources 2008). This method will ensure


compliance with Arizona Administrative Code R12-15-816(G), and the Federal regulations at 36 CFR

228.8(b), (g), and (h).

Surface reclamation activities include loosening of compacted soil, scarifying overland routes,

distributing organic matter and stockpiled topsoil, and seeding with Forest Service prescribed noxious

weed-free seed mix. Sites will also be contoured to conform to natural surroundings.

All sumps at drill sites will either be in tank(s) brought expressly for the purpose, or if an excavated sump

is to be used, it will be lined with an impermeable plastic liner to prevent infiltration. Adequate measures

to prevent runoff into watersheds and drainages, such as wattles, silt fencing, straw bales, and / or other

best management practices for storm water runoff will be employed. Any required permits, such as a

Construction General Permit or Multi-Sector General Permit from the Arizona Department of

Environmental Quality, and / or a Storm Water Pollution Prevention Permit (SWPPP) will be acquired

from the appropriate agency(ies) prior to approval by the Forest Service.

The operator will pump all fluid out of the sump into tank(s) for removal and disposal or reclamation off

of National Forest System lands and in accordance with state and local regulations. Dry cuttings will be

removed from sumps along with the plastic liner. Sumps will then be backfilled and any original topsoil

will be contoured to match existing topography.

Bonding – Anglo American will post a reclamation bond prior to authorization to proceed with drilling to

ensure reclamation funding is available to the Forest Service. Bonds are required to cover the estimated

reclamation costs for prospecting, mining and other mineral operations on National Forest System lands.

A bond is necessary to ensure performance of reclamation and mitigation measures are completed. Forest

Service will return the bond once reclamation is deemed complete. All reclamation work will be

completed within one year of authorization.

Mitigation Measures

Mitigation measures are measures that are taken to minimize potential impacts that may occur due to

implementation of the proposed action. Mitigation measures are also developed to address concerns raised

about the proposed action. The following are mitigation measures that will become Terms and Conditions

of an approved Plan of Operations and adhered to during project implementation:

Drilling Operations and Access:

1. District Ranger and minerals administrator will be informed of which site(s) will be mobilized at

least two business days prior to mobilization, and two days before estimated demobilization.

Detailed reclamation schedules will be provided as they are developed.

2. A list of all hazardous materials and their Safety Data Sheets that will be on the Forest must be

provided to the minerals administrator, by the operator or any contractor(s) or subcontractor(s) for

review prior to commencement of operations.

3. The minerals administrator shall be notified at least 24 hours prior to plugging of drill holes to

provide for field inspection and monitoring of the plugging activities by a Forest Service minerals

administrator.

4. All drill holes shall be plugged with cement or bentonite grout placed from the bottom of the drill

hole to a depth of two feet below ground surface. Plugging of all drill holes shall be consistent

with Arizona Administrative Code RI2-15-816, the Arizona Department of Water Resources Well

Abandonment Handbook and the ASTM International Standard Guide for Decommissioning of


Groundwater Wells, Vadose Zone Monitoring Devices, Boreholes, and Other Devices for

Environment Activities (ASTM D5299-99).

5. The operator shall engage a professional geologist or engineer registered in the state of Arizona to

conduct independent third-party construction quality assurance (CQA) oversight during plugging

of all drill holes. A report documenting the plugging methods and CQA activities shall be

prepared by the third-party geologist or engineer for each drill hole, and shall be submitted to the

Forest Service within 60 days after completion of the plugging activities. A stamped plate

indicating the hole number correlating to the Plan of Operations must be included on the

abandoned well.

6. When mobilizing a drill rig to the project area and when moving from site to site, spotters will be

used in both front and behind vehicle transporting drill rig to ensure safety of Forest users and

potential wildlife on roadways.

7. Drill pads shall be flagged at five to ten foot intervals to ensure disturbance does not exceed

permitted area. Any deviation from the pads outlined in the Plan of Operations (i.e. expansion

into the 50 foot cleared buffer) will be reported to the District Ranger with a plan map of the

deviation.

8. At active drill sites, secondary containment structures will be used to store (hydraulic oil, diesel,

gasoline, tubes of grease, or any other miscellaneous small containers. During drilling operations,

drill rig will be parked on top of plastic sheeting overlain by adsorbent material. Plastic and

absorbent material will also be used under any other gasoline or diesel motors, or other equipment

that may leak oil.

9. During drill site occupancy, signs will be placed on access road in each direction, alerting Forest

users of activity.

10. Notification of any changes in operator or claimants will be promptly submitted to the Forest

Service.

Wildlife and Plants: Best Management Practices

11. All equipment, and tires and undercarriages of all vehicles, must be cleaned and inspected by

Forest Service personnel prior to use on National Forest System lands. This is done to remove

dirt, plant parts, and materials that could carry noxious weed seed prior to mobilization on Forest.

12. Avoid impacts to trees, shrubs, and cacti wherever possible. Transplant any barrel cactus, pincushion cactus, ocotillo, and agave species located within areas proposed to be disturbed.

Plants are to be placed back onto forest lands and may be used for reclamation.

13. Avoid all wildlife; do not handle. Check underneath vehicles and equipment before using or

moving.

14. Travel at reduced speeds while using forest roads to prevent collisions with wildlife.

15. A wildlife escape ramp will be incorporated into open sump pit design.

Wildlife Specific: Sonoran Desert Tortoise

16. Avoid Sonoran desert tortoises and do not handle unless absolutely necessary. If the need to move

out of harm’s way is necessary, follow the Guidelines for Handling Sonoran Desert Tortoises Encountered on Development Projects, Arizona Game and Fish Department, Revised October 23,

2007.


17. Inform crews of the potential to encounter Sonoran desert tortoises in the project area.

18. Check below equipment prior to moving and cover holes that could potentially entrap a tortoise.

19. Fence sump, utilizing finer mesh from the surface interface to 18 inches in height.

Cultural Resources

20. Known National Register of Historic Places eligible sites must be avoided by any ground-

disturbing activity. There are no known sites in the vicinity of the project.

21. If previously undiscovered cultural resources (historic or prehistoric objects, artifacts or sites, are

exposed as a result of operations, all work must immediately cease at that location and Globe

Ranger District Office [(928) 402-6200] must be notified of discovery. Operations may not

proceed at that location until further direction is received from Forest Archaeologist.

Recreation

22. Lights used to illuminate drill sites will be outfitted with shields, directed toward the drill site and

pointed directly toward the ground to minimize light scatter.

23. Lights used for night work and safety at Copper Springs drill sites, would be directed or shielded

away from Globe and private residences to minimize nightlight effects.

24. Drilling and other equipment on sites will be configured so that motors are oriented away from

Globe and private residences to minimize noise impacts to the extent practicable.

Fire

25. Operator will comply with all applicable Federal and State fire laws and regulations, and will take

all reasonable measures to prevent and suppress fires on area of operations. Operator will require

all of its employees, contractors, and subcontractors to do the same. Operation is subject to more

specific fire guidance at direction of the District Ranger depending upon local conditions.

Reclamation

26. Solids and desiccated drilling muds in the mud pits will be excavated and removed from National

Forest System lands prior to demobilization. Dry cuttings will be removed from sumps along with

the plastic liner. These materials will be disposed of in accordance with state and local

regulations. The sumps will then be returned as soon as practicable to natural grade using

material set aside during site construction and sump excavation. The site will be contoured to

match existing topography.

27. Segregated topsoil will be stockpiled on site, stabilized and must be used in reclamation of drill

sites. Drill sites will be recontoured to pre-drilling conditions.

28. Use native and weed free species for all reclamation on forest, following testing procedures for

seed mixes and send certifications to Minerals Group biologist prior to use on forest:

http://www.fs.usda.gov/detail/tonto/landmanagement/resourcemanagement/?cid=fsbdev3_018789

29. Detailed receipts from landfill to document appropriate method of disposal, and copies will be

submitted to the Forest Service within 30 days of receipt.


30. Fence or cattle guards that need to be cut, removed, or are damaged will be repaired or replaced

with like kind. The Forest Service minerals staff will be notified prior 1 day prior to cutting or

removal of fence and immediately upon damaging fence or cattle guards.

31. Any drilling activities not completed within 11 months from plan authorization shall cease in

order to allow a maximum of one month to complete any necessary reclamation activities.

Completion of any work outside that time limit would require a new plan of operations, analysis,

and environmental analysis.

Other Compliance

32. Operator will list Tonto National Forest as “Landowner” on all Notice of Intent to Drill and

Abandon an Exploration / Specialty Well, ADWR Form 55-43B, and provide copies of submitted

forms to minerals administrator.

33. For documentation of operator’s compliance with 36 CFR 228.8(a) through (h), copies of all

documents submitted to and received from ADWR, ADEQ, or other state or Federal agencies

certifying or approving compliance with their respective laws and regulations will be promptly

submitted to the minerals administrator.

Reasons for Categorically Excluding the Proposed Actions My assessment is that this decision falls within the categories of actions listed in the Forest Service

National Environmental Policy Act Handbook (FSH) that are excluded from documentation in an

environmental assessment or environmental impact statement. This category is found in FSH 1909.15,

section 32.2 and 36 CFR 220.6(e)(8),“Short-term (1 year or less) mineral, energy, or geophysical

investigations and their incidental support activities that may require cross-country travel by

vehicles and equipment, construction of less than 1 mile of low-standard road, or use and minor

repair of existing roads.” This category of action is applicable because it is a short-term mineral

investigation and there are no cause-effect relationships between the proposed action and the potential

effect on resource conditions that could lead to an extraordinary circumstance (36 CFR 220.6(b)) (FSH

1909.15, Sec 31.2). Forest Service Chief established this categorical exclusion for routine actions

that normally do not individually or cumulatively have a significant effect on quality of the

human environment.

I have determined that there are no extraordinary circumstances associated with this project that would

preclude the use of this category. This determination is based on the absence or the negligible level of

adverse effects on the following resource conditions:

a. Federally listed threatened or endangered species or designated critical habitat, species

proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species –

A Biological Evaluation was completed on October, 30, 2017. Project actions will have no effect on Arizona Hedgehog Cactus, Mexican Spotted Owl or designated critical habitat, and

Ocelot.

Known habitat parameters are lacking within the project for Arizona Hedgehog Cactus and Ocelot. Primary Constituent Elements and Protected Activity Centers of Mexican Spotted

Owl critical habitat are absent in the project area. No sign of Sonoran desert tortoise use or

occupancy was observed during survey efforts and during multiple site visits, habitat is

lacking, and implementing mitigation measures for this species will further ensure that this


project is not expected to impact individuals or result in a loss of population viability for the

Sonoran desert tortoise.

Project will be relatively short in duration, limited in size and scope. The size and scope of

disturbances and subsequent reclamation resulting from this project are not expected to

contribute significantly to any cumulative effects for any species in conjunction with other

mining, fire, livestock grazing, and recreational activities in the area.

b. Flood plains, wetlands, or municipal watersheds – Project will not occur in flood plains,

wetlands, or municipal watersheds and therefore there are no impacts to flood plains,

wetlands or municipal watersheds are anticipated from the Copper Springs project. Impacts from with the Copper Springs project, related to water, are limited to sites themselves,

temporary and short-term, and therefore have no cumulative effect. Any potential impact is

eliminated by following state required standards and permitting for drilling and abandoning mineral wells, managing water at surface, and reclamation.

c. Congressionally designated areas such as wilderness, wilderness study areas, or national

recreation areas – Project will not occur within or affect any wilderness, wilderness study

areas, or national recreation areas. The nearest wilderness is over ten air miles away and therefore there will be no effects to wilderness, wilderness study areas, or national recreation

areas and no further discussion of this resource is necessary.

d. Inventoried roadless areas or potential wilderness areas – Project will not occur within or affect inventoried roadless areas or potential wilderness areas because the areas are not

present or near the project.

e. Research natural areas – Project will not occur within or affect research natural areas because research natural areas are not present or near the project.

f. American Indian religious or cultural sites; and archaeological sites, or historic properties or

areas – Consultation with interested Tribes was conducted to identify any American Indian

properties or areas that may be affected by this decision. No such properties were identified. A cultural resource survey was completed in May, 2014. One isolated occurrence was record

and is recommended not eligible for the National Register of Historic Places under any

criterion. Therefore there is no potential to effect historic properties.

Public Involvement and Tribal Input On August 17, 2017, a scoping letter was mailed out to approximately eighty individuals and

organizations outlining the proposed action. Requests for consultation and input from individual Tribes

were sent by letter dated August 24, 2017, to eleven different Tribes. Three Tribes responded with

general opposition to mining and support for mitigation measures that will be implemented for cultural

resources. Additionally, one letter from Arizona Game and Fish Department (Department) was received.

Concerns from the Tribes and Department about future mining operations, general opposition to mining

and exploration activities, and disappointment that the Forest would consider plans of operations, were

raised. General opposition to mining and concerns for future mining operations are outside the scope of

decision to be made as active mining operations are not proposed as part of this project. Law, regulation

and policy directs the Forest how to process mineral proposals. Exploratory drilling was proposed, and

we followed general mining laws, locatable minerals regulation at 36 CFR 228, Subpart A, and minerals

program policy, to process the proposal. See Decision and Finding Required by Other Laws and

Regulations for more information.


Concerns about cumulative effects were raised. Effects of this project are minimal, temporary, mitigated

or completely avoided, and therefore will not contribute to the cumulative effects of any other project.

Mitigation measures will adequately protect the environment and extraordinary circumstances are either

not present or the potential effect will be mitigated. The use of the categorical exclusion for this project is

the appropriate level of environmental analysis under the NEPA. See extraordinary circumstances review

in the Reasons for Categorically Excluding the Proposed Actions section for more information.

One Tribe recommended that the Forest Service determine what corporate alliances exist with Anglo

American; however, Forest Service does not determine or interfere with corporate relationships and

recognizes that contractual relationships between business entities can change due to market conditions or

other reasons. We respond to parties who submit proposed plans of operation for approval, regardless of

corporate alliance. We consider whether to approve the proposed plan of operation as received or to

require changes or additions deemed necessary to meet the purpose of the regulations for locatable

mineral operations at 36 CFR part 228, subpart A. Active mining operations are not proposed as part of

this project. The proposed Copper Springs Project is not a connected action to Resolution Copper’s

proposed General Plan of Operations (Plan number 03-12-02-021) because it does not meet any of the

three requirements of 40 CFR 1508.25(a)(1). Specifically, this project:

1) Will not automatically trigger other actions which may require environmental impact statements (§1508.25(a)(1)(i));

2) Can proceed regardless of any previous or simultaneous activity on the Resolution Copper’s

General Plan of Operations (§1508.25(a)(1)(ii)); and

3) Is not an interdependent part of a larger action which relies on the larger action for justification (§1508.25(a)(1)(iii)).

The purpose of the drilling is to test subsurface geologic targets, not to determine mining methods in

relation to other projects. See Decision and Finding Required by Other Laws and Regulations for more

information.

Concern that environmental resources are not adequately addressed by existing regulation was raised by

the Arizona Game and Fish Department (Department). Adequacy of existing regulations is outside the

scope of the decision to be made. In accordance with regulations at 36 CFR 228.5(a)(3), the submittal of

the proposed Copper Springs project by Anglo American requires the Forest Service to consider whether

to approve the proposed Plan or to require changes or additions deemed necessary to meet the purpose of

the regulations for locatable mineral operations at 36 CFR part 228, subpart A. We develop

environmental protection measures to minimize adverse environmental impacts on resources and in

accordance with 36 CFR 228.8 regulations. See Findings Required by Other Laws and Regulations for

more information.

The Department suggested that mitigation components should be identified and built into the process as

early as possible for both exploration and extraction through the plan of operation in order to provide for a

clear and transparent process. The purpose of the scoping letter was to solicit input on mitigation

measures for a drilling project. Suggestions that were relevant to the Copper Spring project that were

received from the Department and from the Tribes were included in the mitigation measures. For

example, one Tribe suggested including all mitigation measures from a previous exploration drilling

project and we added all applicable measures. See mitigation measures in the Decision section.

The Department wanted us to consult with US Fish and Wildlife Service (USFWS). We did inform

USFWS of the project; however, consultation with USFWS occurs when it is determined that a proposed

action may affect listed species or designated critical habitats. This project does not meet that


requirement. The project area lacks primary constituent elements for Mexican Spotted Owl critical

habitat and lacks important habitat parameters associated with Desert tortoise. See extraordinary

circumstances review in the Reasons for Categorically Excluding the Proposed Actions section for more

information.

It was recommended by the Department that the Forest build in and establish remediation costs into the

plan of operation, and be part of the environmental analysis process. That is outside of scope of decision

to be made. The NEPA process is used to inform the decision maker and disclose effects. The bond is not

used to inform the decision maker or disclose effects. Instead, it is used to ensure compliance and cover

costs of reclamation for an authorized operation. An operating plan will not be authorized until the Forest

Service accepts the bond instrument. See bond description in the Decision section for details.

Findings Required by Other Laws and Regulations This decision is consistent with the Tonto National Forest Land Management Plan. The project was

designed in conformance with the Forest Plan and other federal and state law, policy, and direction

applicable to the resources present in the Tonto National Forest. The National Forest Management Act of

1976 (Public Law 104-33, as amended) requires the U.S. Forest Service to provide for biological diversity

on National Forest Service lands consistent with overall multiple-use objectives and to maintain viable

wildlife populations in the planning area. The Forest Plan discloses forest wide standards and guidelines

and management area direction.

Implementation of this decision will not violate any Federal, State, or local laws or requirements imposed

for the protection of the environment including:

• Clean Water Act, as amended

• Clean Air Act, as amended

• Endangered Species Act of 1973, as amended

• American Antiquities Act of 1906 and Historic Preservation Act of 1966

• Executive Order 13186 of 2001, Migratory Bird Treaty Act

• Executive Order 12898 of 1994, Environmental Justice

Laws governing activities on National Forest System lands provide the public a statutory right to conduct

locatable mineral exploration, provided activities are reasonably incidental to mining and comply with

other Federal laws and regulations (i.e., 1872 Mining Law as amended, 1897 Organic Act, 1955 Mining Act, and case law). Forest Service is directed to regulate such activities for the purpose of minimizing

adverse environmental effects and to provide for reclamation of surface resources (36 CFR Part 228A).

Administrative Review (Appeal) Opportunities

This Decision is not subject to objection pursuant to 36 CFR 218. However, this decision involves a written instrument to use or occupy National Forest System lands and that authorization, the Plan of

Operations, is subject to appeal solely by the proponent, Anglo American under 36 CFR 214.4(b)(1).

Implementation Date This project may be implemented immediately following Forest Service acceptance of a reclamation bond

instrument and subsequent approval of the Plan of Operations. I anticipate that this project will be

implemented in December of 2017.

Contact

For additional information concerning this decision, contact Vonnie Young at (602)225-5300.

Mark Sando District Ranger

Date

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Decision Memo - Copper Springs Project of 13


Appendix

Figure 1. Exhibit A: Copper Springs Project overview map


Figure 2. Exhibit B: Copper Springs property map


Figure 3. Exhibit C: Copper Springs proposed sites and road improvements map

Decision Memo - USDA

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