White Banks Mine decision notice

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Decision Notice and FONSI for White Banks Mine 1 Decision Notice and Finding of No Significant Impact White Banks Mine Plan of Operations Aspen-Sopris Ranger District White River National Forest Pitkin County, Colorado T9S, R88W, Section 28 This notice documents my decision based on the Environmental Assessment (EA) prepared for the White Banks Mine Plan of Operations. A proposed plan of operations for development of locatable minerals within the White Banks claims was accepted for review from Elbram Stone Company, LLC in October 2010. The White Banks claims are located in the Avalanche Creek drainage on National Forest System (NFS) lands. A previous plan of operations was approved by the Forest Service in 1995 and expired in April 2010. The new proposed plan requests a continuation of alabaster mining within the White Banks claims over the next 20 years. Other notable additions in the proposed plan include: mining marble and gypsum in addition to alabaster; year-round surface operations, including snow removal on National Forest System Road 310 up to the mine portal; drilling a well to provide 1000 gal/day of water (subject to a supplemental plan of operations); constructin g a bypass road around the mine; on-site camping for mine workers; and the construction of a log office building to replace the existing mobile bath house. In April 2011, Elbram Stone Company (ESC) submitted additional modificatio ns to the proposed plan, which included a list of ten items that would further limit the impact of winter operations. Decision After considering information provided in the EA, design features, public comments, consultation with Colorado Division of Parks and Wildlife (CPW) and other agencies, review of the White River National Forest Plan, and internal Forest Service specialist input, it is my decision to select Alternative 3 with modifications. My decision to select this alternative was developed in response to the key issue raised about potential impacts to bighorn sheep during critical winter periods. Furthermore, this alternative limits surface uses to those which are considered reasonably incidental to the stage of mining operation, as per the 1955 Multiple Use Mining Act (30 U.S. C. 612) and the locatable minerals regulations (36 CFR 228.3). Under the selected Alternative 3 with modifications, mining operations would occur from May 1 to November 30, with minor restrictions. The bypass road could be constructed but no on-site employee camping or additional buildings would be approved. The existing mobile home would be removed and there would be no approval for a temporary camper trailer. All mining-related equipment shall be removed from the site at the end of each operating season (prior to November 30). Foot traffic to and from the mine portal entrance would be allowed during the winter months, excluding January 16 – March 15 when there will be no surface use allowed at the mine site.

Transcript of White Banks Mine decision notice

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Decision Notice

andFinding of No Significant Impact

White Banks Mine Plan of Operations 

Aspen-Sopris Ranger DistrictWhite River National Forest

Pitkin County, ColoradoT9S, R88W, Section 28

This notice documents my decision based on the Environmental Assessment (EA) prepared forthe White Banks Mine Plan of Operations. A proposed plan of operations for development of locatable minerals within the White Banks claims was accepted for review from Elbram StoneCompany, LLC in October 2010. The White Banks claims are located in the Avalanche Creek drainage on National Forest System (NFS) lands.

A previous plan of operations was approved by the Forest Service in 1995 and expired in April2010. The new proposed plan requests a continuation of alabaster mining within the White Banksclaims over the next 20 years. Other notable additions in the proposed plan include: miningmarble and gypsum in addition to alabaster; year-round surface operations, including snowremoval on National Forest System Road 310 up to the mine portal; drilling a well to provide1000 gal/day of water (subject to a supplemental plan of operations); constructing a bypass roadaround the mine; on-site camping for mine workers; and the construction of a log office buildingto replace the existing mobile bath house. In April 2011, Elbram Stone Company (ESC)submitted additional modifications to the proposed plan, which included a list of ten items that

would further limit the impact of winter operations.

Decision

After considering information provided in the EA, design features, public comments, consultationwith Colorado Division of Parks and Wildlife (CPW) and other agencies, review of the WhiteRiver National Forest Plan, and internal Forest Service specialist input, it is my decision to selectAlternative 3 with modifications. My decision to select this alternative was developed inresponse to the key issue raised about potential impacts to bighorn sheep during critical winter

periods. Furthermore, this alternative limits surface uses to those which are considered reasonablyincidental to the stage of mining operation, as per the 1955 Multiple Use Mining Act (30 U.S.C.612) and the locatable minerals regulations (36 CFR 228.3).

Under the selected Alternative 3 with modifications, mining operations would occur from May1 to November 30, with minor restrictions. The bypass road could be constructed but no on-site

l i ddi i l b ildi ld b d Th i i bil h ld

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Truck travel and associated snow plowing to and from the mine for product removal will be

allowed on a temporary basis during two weekends (Saturday and Sunday) each in December,and April, excluding the Christmas holiday. Monitoring winter truck travel and associated snowplowing is required. Truck travel and associated plowing allowances will be increased ordecreased up to five trucks per day relative to information gathered by a third party monitorregarding observed sheep behavior due to plowing and truck loading activities (see Appendix 2).

To receive authorization for winter hauling, the proponent must notify the Forest Service at twotime intervals: First, notice must be given annually in writing or email by June 1, if winter snowplowing and hauling is requested. Second, notice must be given in writing or email a minimum

one week prior to snow plowing and hauling. If initial notice for winter snow plowing andhauling is not received by June 1, then no winter snow plowing and hauling will be authorized.

To concentrate activity to a time period with limited potential disturbance to sheep, winter truck travel and associated snow plowing are allowed from 12:00 p.m. to 4:00 p.m. during this time,unless prior authorization is provided by the Forest Service. In addition, snow plowing will occuron the same days as hauling.

Prior to approving any additional surface operations during the winter period from December 1 to

April 30, ESC in cooperation with the CPW and the Forest Service, will be required to assist witha five-year baseline monitoring of the bighorn sheep population (see Appendix 2). Winteroperations are contingent upon completing the monitoring plan for the Bighorn Sheep population.Expanding the timing or type of surface operations during winter would only include actionspreviously analyzed under Alternative 2 (see Alternatives Considered).

Surface operations will be authorized only when all requirements for approval of the plan of operations for ESC have been met. The Plan of Operations could be approved for a period of upto 20 years based on the terms of conditions in this decision. The Forest Service would process a

supplemental plan of operations for the secondary escape-way or water well once received.

Tables 1 and 2 summarize the surface use and general timeline of operations of Alternative 3 withmodifications.

Table 1. Summary of Surface Use Elements

Duration ofOperation

Up to 20 years

Operational Period May 1 – November 30 (excluding Memorial Day, July 4th, and Labor Day)

Surface Hours Monday-Saturday, 7:00 am-7:00 pmUnderground Hours* 7 days/week, 24 hours/day (3 shifts)

# truckloads/day 10 roundtrips(RT), daylight only

Support vehicles 21 RT

Personnel 11

PermittedInfrastructure

1 Office cabin Existing log cabin to be used as office/storage/shop to be retained on site in

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Table 2. Estimated Timeline for Planned Activities and Description

PlannedActivities Description

Phase 1

Year 1 Exploration Exploration for black marble in order to complete the mineralclassification and update the existing mineral classification of theAlabaster by September 2012.

Year 1 Reclamation Removal of mobile bathhouse by September 2012.

Year 2 2002 Forest PlanRequirement

Modification of existing cabin to meet BEIG and accessibility bySeptember 2013.

Years 1-4Development

Construct underground structural reinforcements

Implement other site improvements (landscaping, fencing, gates)Years 1-5 MonitoringRequirement

Baseline monitoring of the bighorn sheep population prior toapproving additional winter use for mining activities.

Phase 2

Year 5 Production Construct bypass road

Year 10 2002 Forest PlanRequirement

Remove power pole and bury overhead power lines bySeptember 2022.

Years 5-20Production

Full production for locatable minerals which may includealabaster, black marble, and gypsum

The above operations will be included in a revised Plan of Operations (POO) to be prepared byESC for my approval. The revised POO will incorporate the design features and monitoring planrequirements included in Appendices 1 and 2.

In addition, the revised POO must include a Reclamation Plan that addresses the following:

1.  Removal and off-site disposal of all hazardous materials stored on site

2.  Demolition, removal and disposal of uncontaminated structures, equipment, and materials

3.  Demolition, removal, and off-site disposal of existing structures and existing fencing

4.  Reclamation of bypass road, parking areas and hardened travelways

5.  Reclamation of all mine waste generated from operation

6.  Environmental and health and safety mitigations

7.  Long term operation, maintenance, and monitoring

8.  Overall site restoration including earthwork and revegetationAs a condition of approval of the revised Plan of Operations, and in compliance with 36 CFR228.8(g), ESC shall be required to furnish a bond to insure performance of reclamation andmitigation measures on NFS lands, based on the approved Reclamation Plan.

The Forest Service has authority to impose the above restrictions on NFS lands only; control overuses and activity on private land is outside the Federal government’s jurisdiction Elbram Stone

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requirement applies to both the secondary escape-way and water well that were included in the

plan we reviewed.

Rationale

My decision recognizes ESC’s statutory right to enter public lands to extract valuable minerals, asprovided by the 1872 Mining Law and is accord with agency policy to encourage mineraldevelopment on public lands legally open for mineral entry. The surface use elements would beconducted in a manner that minimizes adverse environmental impacts on National Forest surfaceresources (36 CFR 228.8). Furthermore, my decision limits surface uses to only those which are

considered reasonably incidental to the stage of mining operation, as per the 1955 Multiple UseMining Act and agency locatable minerals regulations (36 CFR 228 Subpart A).

My rationale for selecting Alternative 3 with modifications is in response to issue raised aboutimpacts to bighorn sheep during critical winter periods, operator past performance, and currentmarket demand for the minerals being sought. The 1995 Decision Memo for the White BanksMine allowed the Elbram Stone Company to quarry and remove alabaster. Since 2003, noproduction has been recorded from this mine operation. As stated in the proposed plan, theoperation is an “Underground Lode in Development” stage and “building stone has a very small,if any, market at the current time.” Past performance and market conditions indicates that theoperation is still in an early development phase. My decision allows for a phased approach tocontinue mining in the development stage while establishing a viable market prior to initiating alarger scale production phase of operations.

Alternatives Considered

Three alternatives were considered in detail in the EA: No Action, Plan of Operations with

Modifications, and No Winter Operations Camping or Additional Structures. A summarycomparison of the three alternatives can be found in the EA, pages 17-19 (Table 6).

Under No Action (Alternative 1), the White Banks Plan of Operations would not be approved andESC would not be authorized use of or access across NFS lands to remove locatable mineralsfrom their mining claims. Selecting this alternative would violate the operator’s statutory rightsunder the 1872 Mining Law. The No Action alternative was used as a baseline to compare theeffects of the other action alternatives.

The Plan of Operations with Modifications (Alternative 2) represents the Plan of Operations assubmitted to the Forest Service in October 2010, plus modifications submitted in April 2011.Notable elements in this alternative include: year-round mining operations; construction of abypass road; on-site camping for mine workers; construction of a log office building and use of other temporary structures. Modifications submitted in April 2011 would have further restrictedoperations during the winter season and include: installing an electronically-controlled gate; nowinter camping; limiting surface operations to between 9:00 a.m. and 3:00 p.m. five days/week 

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Mining Act and the locatable minerals regulations at 36 CFR 228.3. A bypass road would still be

constructed but no on-site employee camping or additional buildings would be approved. Allmining-related equipment including a portable toilet would be removed at the end of eachoperating season. Finally, the plan of operations would only be approved for a period of up to fiveyears.

Public Involvement

The Plan of Operations (as submitted to the Forest Service in October 2010) was provided to thepublic, county, and other agencies for scoping in February 2011. Approximately 100 letters were

mailed and the plan of operations was posted on the Internet for review. To encourage additionalpublic involvement, I offered a field trip to the mine on February 24 with members of theinterdisciplinary team and an ESC representative available to answer questions. I also attendedmeetings at the request of the Crystal Valley Environmental Protection Association (February 21in Carbondale) and the Crystal Valley Caucus (March 10 in Redstone) and met on-site withrepresentatives from Pitkin County. In addition, ESC hosted an information session on March 11in Carbondale. In response to scoping, we received 45 comment letters. I addressed key concernsand issues raised during scoping by developing Alternative 3 and requiring several design

features to reduce or eliminate adverse environmental impacts.

The EA was prepared and made available in September 2011 and a legal notice of opportunity tocomment was published on September 12, 2011. Additionally, I offered another field trip andquestion/answer session at the mine yard on September 21, with approximately 20 peopleattending. Forty-six comments were received during the 30-day EA notice and comment period,which ended October 12, 2011.

Finding of No Significant Impact

After considering the context and intensity of environmental impacts described in the EA, I havedetermined that this decision will not have a significant effect on the quality of the humanenvironment. Therefore, an environmental impact statement will not be prepared. Mydetermination is based on the following criteria outlined in the implementing regulations for theNational Environmental Policy Act (40 CFR 1508.27).

Context

This project is a site-specific action that by itself does not have statewide, regional, or nationalsignificance. As disclosed in the EA, up to three acres of NFS lands could be affected; thisacreage represents less than 1/1000th of the entire White River National Forest. Environmentalimpacts will be limited to a 20-year timeframe and would have little influence upon regional orstate resources. Within the local area, approximately 50 homes are within visual and auditoryrange of the project area. The anticipated level of activity at the mine is not expected to cause anydisproportionate adverse human health or environmental effects within this localized area.

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Level Exposures. Blasting will be conducted underground and thus highly unlikely to be heard or

cause damage to property outside the mine. The operator is required to comply with all countyordinances, permits, and other requirements to reduce noise impacts (see Appendix 1 DesignFeatures). These impacts are considered to be short-term in nature, would not impair long-termproductivity and as thus, are not considered to be of significant intensity.

In regards to traffic safety on State Highway 133, the Colorado Department of Transportationindicated that the projected increase in traffic may require: a traffic impact study, a new accesspermit, and the addition of auxiliary lane(s) to comply with state law. The operator is required toobtain a Forest Service Road Use Permit for Avalanche Creek Road.

3) The mine is located beyond the ¼-mile protection corridor of the Crystal River, an eligiblerecreation river under the National Wild and Scenic River System. Recreation rivers are readilyaccessible by road or railroad, may have some development along their shorelines, and may haveundergone some impoundment or diversion in the past. The outstandingly remarkable values(ORV) identified for this segment of river are scenery, historic, and recreation. The limitedincrease in traffic across the existing bridge will not significantly change the ORVs for theCrystal. Other activities associated with the mine operation would not affect the river’s freeflowing values, water quality or recreational characteristics, nor affect the river’s eligibility,

classification, or potential suitability.

Noise and incidental dust generated by the operation would not be detectable in the nearbyMaroon Bells-Snowmass Wilderness area. Impacts on nearby county-owned lands (open spaceparcels) would be indirect and minor. There will be no impacts on inventoried roadless, researchnatural areas or prime farmlands since these do not exist within the affected area.

4) The environmental effects analysis (EA, Chapter 3) demonstrates that impacts are notuncertain and do not involve unique or unknown risk.

5) This site-specific action does not establish a precedent for future actions, which may havesignificant effects; nor does it represent a decision in principle about a future action.

6) Past, present and reasonable foreseeable future actions have been considered and analyzed inconjunction with the proposed activities and there were no cumulative effects determined to besignificant. Cumulative effects are disclosed in the EA (Chapter 3).

7) In compliance with the National Historic Preservation Act, a cultural resource inventory wasconducted in November 2010 and none were found. The potential to discover historic propertiesis limited due to the frequent occurrence of mud and debris flows through Avalanche and Bulldogcreeks. Undisturbed areas within the mining claims consist of very steep slopes (36-50%) withlow potential for historic or prehistoric finds. Colorado State Historic Preservation Officerconcurs with our determination of “no historic properties affected.” Native American Tribes wereconsulted and no concerns were raised.

8) I li i h h E d d S i A h bi l i l (BA)

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9) This action does not violate other Federal, State, or local laws or requirements designed for the

protection of the environment. Other applicable laws and regulations were reviewed andconsidered in the EA and are summarized hereafter.

Findings Required by Other Laws

 Mining Law of 1872, as amended: This law confers a statutory right upon individuals to enterinto public lands to search for minerals. Forest Service policy (36 CFR 228, Subpart A) is toencourage mineral development on public lands that are legally open for mineral entry. It is thenational and Forest Service policy that surface use elements in this decision would be conducted

so as, where feasible, to minimize adverse environmental impacts on National Forest surfaceresources.

 Multiple-Use Act of 1955, as amended: The activities included in my decision limit surface usesto those which are considered reasonably incidental to the stage of mining operation.

 National Forest Management Act (NFMA) of 1976, as amended: The selected alternativecomplies with White River National Forest Plan standards and guidelines and management areadirection applicable to the project area.

Clean Water Act of 1972, as amended: Use of sediment basins and armored trenches wouldencourage infiltration and mitigate runoff and sediment from entering the Crystal River. Wastedisposal, hazardous materials storage, and toilet requirements (Appendix 1,Design Features)would further protect surface and ground water quality.

Clean Air Act of 1970, as amended: Fugitive dust and diesel emissions from equipment wouldbe minor and not exceed National Ambient Air Quality Standards.

 Executive Order 12898 (environmental justice): No low-income or minority populations wouldbe adversely or disproportionately affected by the project.

Administrative Review or Appeal Opportunities

Individuals or organizations who submitted comments during the comment period specified at215.6 may appeal this decision. The notice of appeal must meet the appeal content requirementsat 36 CFR 215.14. The appeal must be filed (regular mail, fax, email, hand-delivery, or expressdelivery) with the Appeal Deciding Officer at: USDA Forest Service, Rocky Mountain Region,

740 Simms, Golden, CO 80401; FAX: (303) 275-5154.The office business hours for submitting hand-delivered appeals are: Monday through Friday 7:30a.m. to 4:00 p.m., excluding holidays. Electronic appeals must be submitted in a format such asan email message, plain text (.txt), rich text format (.rtf), or Word (.doc) to: [email protected]. The appeal must have an identifiable name attached orverification of identity will be required. A scanned signature may serve as verification on

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Appendix 1: Design FeaturesIn order to minimize environmental impacts, the operator will be required to follow therequirements listed below during operations.

Number White Banks Plan of Operations

Design Features and Requirements

Source

Non-Locatable Minerals

#1

Some waste rock/material (excess quarry material) may beconsidered non-locatable and property of the US Government.Removal of any waste material off forest requires a mineralmaterials permit in advance. To avoid added noise and air qualityimpacts, processing of any waste material will be conducted offforest.

36 CFR 228Subpart C,

Disposal of MineralMaterials

Surface and Ground Water

#1 Hazardous material must be stored in accordance with theOccupational Safety and Health Administration (OSHA) standards.  29 CFR 1910.106

#2

New road construction and expansion of the storage/parking areaswill incorporate best management practices to disperse runoff andsediments and avoid rilling and gullying during runoff events.

FS Handbook(FSH) 2509.25,Management

Measure #10, #11

#3

Where vehicle traffic is expected, surfaces will be hardened to

avoid muddy, rutted conditions following snowmelt and rainfallevents.

FSH 2509.25,

ManagementMeasure (MM) #10

#4Drainage from hardened surfaces such as the storage yard,parking area and new buildings will incorporate control designs thatfacilitate soil infiltration and mitigate erosion from the site.

FSH 2509.25 MM#10, #11

#5

Hazardous material will be stored upslope of the alluvial fan areaand in the amounts and container types identified in the proposedPlan of Operations. All hazardous material will be stored in such a

way that leakages and spills will be contained and not enter the soilsurface. Contour berms, trenches and liners will be used as neededto meet these criteria.

FSH 2509.25 MM

#15

#6All onsite fueling and lubrication activities will occur within adesignated impervious containment area designed to protect soiland water resources from spills.

FSH 2509.25 MM#16

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Number White Banks Plan of Operations

Design Features and Requirements

Source

#8

To reduce any risk of stream contamination the dumpster and toiletfacility will be located as far up the slope from the surface of thealluvial fan as possible. The toilet will meet Forest Servicespecifications to protect surface and groundwater quality.

FSH 2509.25 MM#15

Air Quality

#1

Dust suppression methods will be employed during road andbuilding construction; along NFSR 310 between Avalanche Creekbridge and the mine; and as needed within the project areaincluding the mine portal, parking area and storage areas.Magnesium chloride (MgCl) is an acceptable dust suppressant;specific locations, application rates, and timing of MgCl shall beapproved by the Forest Service in advance. Application shall notoccur within 25 feet of any water bodies or when rainfall is forecast.

Plan of Operations;Heffner 1997

#2Engine idling shall be minimized to what is necessary with a goal of

a maximum of five minutes within an hour’s period. 

Interdisciplinary Team

(IDT)

Vegetation

#1

ESC will be responsible for noxious weed control within the permitboundaries. Prior to any pesticide application, ESC will need tosubmit a pesticide use proposal to the forest weed programcoordinator.

IDT

#2

Surveys for special status plant species are required prior toconstruction of the secondary escape-way and access route. If anythreatened, endangered, proposed, sensitive or other rare plantspecies are discovered, affected sites will be avoided.

Forest Plan PlantsStandard #1;

Proposed, Threatened,Endangered SensitiveSpecies Standard #3

#3

Interim reclamation will be implemented immediately (within 24hours) after surface disturbing activities have ended to stabilize,protect, and preserve soils. Upon completion of the earthwork, re-grade cut and fill slopes to 3:1 to facilitate re-vegetation and seedwith native species during optimal growing times (i.e. fall and earlyspring). A sterile cover crop (e.g. Regreen and Triticale) may beused for soil stabilization while native species become established.

Colorado Division ofWildlife (CDOW); 1995

DN/FONSI: IDT

Terrestrial Wildlife

#1 No dogs are permitted on siteCDOW; Plan of

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Number White Banks Plan of Operations

Design Features and Requirements

Source

#3

Fencing around the mine should use a wildlife-friendly designapproved by a qualified wildlife biologist. Fencing on the south sideof the mine yard is to be laid down on the ground November 15 toApril 30, annually to facilitate wildlife migration.

Forest Plan WildlifeGuideline #1; CDOW

Traffic and Road Maintenance

#1 Posted speed limit on NFSR 310 and bypass route will be 15 mph. FSH 7709.56, Ch. 4

#2

The operator and Forest Service will share road maintenance up tothe mine, commensurate with use; the operator is responsible forall road maintenance within the mine surface operations area.Maintenance may include but is not limited to: replacing aggregatesurface; blading; ditch cleaning; dust abatement; removing earthslides, fallen timber or boulders; cleanout of debris flow;maintenance on or near the bridge; maintenance of gates andsigns at entry points.

FSH 7709.59, Ch. 6

Noise

#1Hours of surface operations will be limited between 7:00 a.m. and7:00 p.m., Monday through Saturday. No surface operations wouldoccur on Sundays and all federally recognized holidays.

Pitkin County NoiseAbatement Code Sec.

6.36.030(B)(5)

#2

All blasting operations must have required State, County, andFederal permits; can only take place between 10:00 am and 3:00pm; and 24 hour prior notification must be given to CDPW, PitkinCounty Environmental Health, adjacent property owners, and theSwiss Village Homeowners Association.

Pitkin CountyResolution No. 003-

2004

Scenery and Lighting

#1As per the Forest Plan, all existing overhead power lines (33kV orless) must be buried.

Forest Plan UtilityStandard #6

#2Trees will be planted on the south side of the new bypass road forlong term visual screening. An adequate buffer will be left betweenthe permit boundary and bypass road to accommodate trees.

CDOW; Plan ofOperations; IDT

#3

All above ground structures must meet the Built EnvironmentImage Guide (BEIG), accessibility standards, and follow the WhiteRiver National Forest Design Review Guidelines. Tanks will beburied when possible

BEIG 2001; Americanswith Disabilities Act

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Number White Banks Plan of Operations

Design Features and Requirements

Source

#5Outdoor lighting will be minimized and operate on motion sensors.All outdoor lighting must adhere to Pitkin County Lighting Coderequirements.

CDOW; Pitkin CountyLighting Code Sec. 7-

12-140;www.darksky.org

Heritage and Paleontological Resources

#1

If new archaeological sites are discovered during projectimplementation, the activity shall cease within the affected areauntil a qualified archaeologist can evaluate the site and determinethe appropriate mitigation.

National HistoricPreservation Act §106; 36 CFR 800

#2

Any new ground-disturbing activities proposed in areas notpreviously surveyed will need to be evaluated by a qualifiedarcheologist and paleontologist. For example, once the location ofthe secondary escape-way and access route is determined, acultural resource inventory and paleontological survey will berequired prior to construction.

36 CFR 800

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Appendix 2: Bighorn Sheep Monitoring Plan for S-25 Herd

This bighorn sheep monitoring plan is integral to the decision to allow winter operations due tothe location of the White Banks mine in historic and active winter range. Further, the native sheeppopulation has suffered dramatic declines in the recent past to the point that all actions andactivities having the potential to contribute to the continued decline should be closely monitored.The purpose of monitoring is to establish a period needed to collect baseline information on thepopulation and disturbance levels associated with mine operations, and detect an upwardpopulation trend.

There are two objectives under the monitoring plan: monitor herd viability and monitor elementsof the selected alternative that may cause disturbance and displacement of sheep from criticalwinter range. The operator (proponent) has agreed to financially participate in this monitoring,with Colorado Division of Parks and Wildlife (CPW) taking the lead role on population aspectsand WRNF providing oversight on monitoring disturbance levels associated with mine operationssuch as winter truck travel and associated snow plowing.

Population Trend

1) The proponent will contribute financial support to CPW or the Forest Service, in a sum not-to-exceed $52,500 annually for purposes of monitoring the S-25 bighorn sheep herd.

2) In monitoring year 1, the ESC will fund on-site monitoring. During monitoring years 2-5, ESCwill fund 15 collared sheep and on-site monitoring.

3) GPS collars, visual surveys, and ground tracking are methods used to collect information onherd viability. Proponent funds will be used for on the ground expenses or expenses used topurchase equipment, supplies, or services specific to the tasks of conducting animal capture,collecting body condition samples, collecting information on animal movements and activity,

Winter Truck Travel, Associated Snow Plowing and Noise Monitoring

1) The proponent will finance third party monitoring to collect information on noise (decibel)levels during unique elements of these activities as well as at a similar period when theseactivities are not occurring. Elements to include (at a minimum):

  snow plowing

  vehicle travel from the gate to the mine

  backing of motorized equipment

  use of rock hauling equipment

  truck idling

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3) Noise levels will be collected at points surrounding the mine along FSR 310, at Hwy 133, and

north of FSR310 in mapped sheep range. DPW will provide information on monitoring points inmapped sheep range. Data will be collected prior to and during these operations.

4) The results of the noise monitoring shall indicate the levels of noise associated with each typeof activity, and be recorded for monitoring points surrounding the mine. Results shall comparethe noise levels to the ambient sound levels at each point.

5) If observers see sheep disturbed by activities associated with the first loading in December andApril, these activities shall stop. Activities may be resumed no sooner than 2 weeks and only if 

sheep are not present.6) Observations of bighorn sheep and noise levels shall be collected during these operations,during the 8-week closure period, and before and after the 8-week closure period (January 16 -March 15 annually).

7) A noise monitoring report with GIS analysis documenting results shall be provided to theForest Service in a written and electronic format with maps, tables, and charts.

Bighorn Sheep Presence or Absence within Audible Disturbance Zone and Areas Treated With

Prescribed Fire/ Vegetation Cutting During 2011-2013

1) A third party will observe the area looking for bighorn sheep and collect observations onreactions to mine operations and associated activities. The observations will include a time,location, and distance component to relate mine activity to sheep reactions.

2) Operations are to include (at minimum):

  snow plowing

  vehicle travel from the gate to the mine

  backing of motorized equipment

  use of rock hauling equipment

  truck idling

  human activity associated with foot entry to the mine

  surface noise of activities occurring underground

3) The monitoring will be conducted by a qualified third party entity mutually agreed upon by theproponent and Forest Service.

4) The results of the monitoring should indicate which activities disturb sheep, what distancefrom the mine sheep are disturbed, what the response is, and how long it is before sheep are no

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