Notice2024-10048
Sierra Vista Ranger District; Coronado National Forest; Arizona; Hermosa Critical Minerals Project
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 10, 2024
Issuing agencies
Agriculture DepartmentForest Service
Abstract
The USDA Forest Service, Coronado National Forest, is preparing an environmental impact statement (EIS) to evaluate and disclose the potential environmental effects from the proposed Hermosa Critical Minerals Exploration and Mine Plan of Operations, submitted by South32 Hermosa Inc. (proponent), to occupy and use National Forest System lands for operations associated with an expansion of an underground polymetallic development. The proposed mine plan of operations (MPO) may also require an amendment to the 2018 Coronado National Forest Land and Resource Management Plan (forest plan) to include site-specific exceptions to plan direction to accommodate the proposed exploration and mining operations. The Forest Service is providing this public scoping opportunity to gather information to inform the environmental review and decision-making process.
Full Text
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<title>Federal Register, Volume 89 Issue 92 (Friday, May 10, 2024)</title>
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[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40462-40464]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10048]
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DEPARTMENT OF AGRICULTURE
Forest Service
Sierra Vista Ranger District; Coronado National Forest; Arizona;
Hermosa Critical Minerals Project
AGENCY: Forest Service, Agriculture (USDA).
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The USDA Forest Service, Coronado National Forest, is
preparing an environmental impact statement (EIS) to evaluate and
disclose the potential environmental effects from the proposed Hermosa
Critical Minerals Exploration and Mine Plan of Operations, submitted by
South32 Hermosa Inc. (proponent), to occupy and use National Forest
System lands for operations associated with an expansion of an
underground polymetallic development. The proposed mine plan of
operations (MPO) may also require an amendment to the 2018 Coronado
National Forest Land and Resource Management Plan (forest plan) to
include site-specific exceptions to plan direction to accommodate the
proposed exploration and mining operations. The Forest Service is
providing this public scoping opportunity to gather information to
inform the environmental review and decision-making process.
DATES: Comments concerning the scope of the analysis must be received
by June 10, 2024. The draft EIS is expected May 2025 and the final EIS
is expected February 2026.
ADDRESSES: Comments can be submitted electronically using the Public
Comment Form at <a href="https://cara.fs2c.usda.gov/Public//CommentInput?Project=65668">https://cara.fs2c.usda.gov/Public//CommentInput?Project=65668</a>. Written comments may be submitted via mail
or hand delivery (Monday through Friday, 8 a.m. to 4:30 p.m., excluding
Federal holidays) to Kerwin S. Dewberry, Forest Supervisor, Coronado
National Forest, ATTN: Hermosa Critical Minerals Project, 300 West
Congress Street, Tucson, AZ 85701. Written comments may also be
submitted during public scoping meetings (see ``Scoping Comments and
the Objection Process'').
FOR FURTHER INFORMATION CONTACT: Edwin Monin, Project Manager, Coronado
National Forest, 300 West Congress Street, Tucson, AZ 85701, by email
at <a href="/cdn-cgi/l/email-protection#543130233d3a7a393b3a3d3a14212730357a333b22"><span class="__cf_email__" data-cfemail="f1949586989fdf9c9e9f989fb184829590df969e87">[email protected]</span></a> or by phone at 520-388-8300, between 8 a.m. and
4:00 p.m. Mountain Standard Time, Monday through Friday. Individuals
who use telecommunication devices for the deaf (TDD) may call the
Federal Information Relay Service (FIRS) at 800-877-8339, 24 hours a
day, every day of the year, including holidays.
SUPPLEMENTARY INFORMATION: The proposed MPO was submitted by the
proponent in accordance with 36 CFR part 228, subpart A. The Forest
Service finished the review process for MPO completeness for elements
required under 36 CFR 228.4(c). The MPO dated December 1, 2023, was
formally accepted as administratively complete on December 15, 2023.
For complete details, please refer to the proposed MPO online at
<a href="https://www.fs.usda.gov/project/coronado/?project=65668">https://www.fs.usda.gov/project/coronado/?project=65668</a>.
After evaluating the proposed MPO, the Forest Service determined
that the decision for whether to approve use of National Forest System
lands would be a major Federal action subject to the National
Environmental Policy Act (NEPA), as defined in 40 CFR 1508.1.
Accordingly, the Forest Service will prepare an EIS to document key
issues associated with the MPO, consider and assess reasonable
alternatives, evaluate and disclose potential environmental effects,
propose mitigation necessary to minimize adverse impacts, and ensure
compliance with applicable laws, regulations, and policy. Therefore,
the Forest Service is fulfilling statutory requirements and agency
policy and direction to comply with NEPA and other relevant
authorities.
Purpose and Need for Action
The Forest Service's purpose for the action is to decide whether to
approve the proponent's December 1, 2023, proposed MPO for surface use
of National Forest System lands in connection with operations
authorized by U.S. mining laws (30 U.S.C. 21-54).
The Forest Service's need for action is established by the agency's
responsibility under the General Mining Law of 1872, as amended, and
the agency's locatable mineral regulations (36 CFR part 228, subpart
A). In accordance with 36 CFR 228.5, the Forest Service must analyze
and provide timely response to the submittal of an MPO. Furthermore,
the Forest Service must assess whether the proposed operations will be
conducted so as, where feasible, to minimize adverse environmental
impacts on national forest surface resources in accordance with 36 CFR
228.8.
Proposed Action
The Forest Supervisor for the Coronado National Forest (responsible
official) must decide whether to approve the MPO submitted by the
proponent, and whether to require any modifications determined
necessary through the analysis to comply with applicable laws and
regulations. As described in the MPO, the proposed action would affect
Federal and private lands comprised of patented mining claims owned by
the proponent. However, the Forest Service only has the authority to
regulate surface operations on National Forest System lands and does
not have jurisdiction to regulate mining operations underground or
those that occur on private land. Nevertheless, the EIS will consider
and disclose environmental effects of any connected action, including
mining-related operations that would occur on private lands. Other
actions potentially related to the MPO will be considered in the
process, including but not limited to Clean Water Act permitting by the
U.S. Army Corp of Engineers and the Arizona Department of Environmental
Quality in addition to related amendments to the Coronado National
Forest Land and Resource Management Plan.
Project Location
The proposed MPO (project) is located within the Patagonia
Mountains in southern Arizona. The project is located in an
unincorporated part of central Santa Cruz County, approximately 6 miles
southeast of the town of Patagonia and about 8 miles north of the U.S.-
Mexico international border. Nearby communities include Kino Springs,
Nogales, Rio Rico, and Sonoita.
Project Description
The proposed action would continue the historic production of
minerals within the Harshaw Mining District. The primary minerals
targeted by the proponent are manganese and zinc, which are identified
by the United States Geological Survey as critical minerals in the 2022
Final List of Critical Minerals (87 FR 10381). The Energy Act of 2020
defines a ``critical mineral'' as a non-fuel mineral or mineral
material essential to the economic or national security of the United
States and which has a supply chain vulnerable to disruption. The
proponent's proposed activities on or beneath National Forest System
lands are an expansion of the current operations on the proponent's
adjacent private land, with a proposed surface
[[Page 40463]]
disturbance of 480.5 acres, an underground disturbance of 223 acres,
and restricted access to 353.4 acres. Figure 2-1 included in the MPO
depicts the proposed site plan and facilities on both private and
National Forest System lands. The following MPO activities are proposed
on or beneath National Forest System lands.
Surface exploration--
<bullet> Continued definition of the ore body within the footprint
of tailings storage facility 2 and in other locations. This includes
construction of temporary drill pads and access roads. Where future
surface disturbance is not contemplated, drill pads and access roads
would be reclaimed.
Underground exploration, mining, and support operations--
<bullet> Construction of underground tunnels and infrastructure.
<bullet> Underground mining of ore using the long-hole open stoping
method, as well as hauling and crushing of sulfide ore so it can be
brought to the surface.
<bullet> Use of approximately half of the tailings for mixing of
cemented paste backfill (comprising filtered tailings, cement, and
water) and return of material via pipe for backfill underground.
<bullet> Underground equipment use and maintenance.
<bullet> Continued definition of the orebody through exploration
drilling from underground workings.
Surface storage of tailings and waste rock--
<bullet> Geotechnical drilling and test pits to support development
of tailings storage facility 2, a lined dry-stack tailings storage
facility on National Forest System land.
<bullet> Construction, use, and closure of the lined dry-stack
tailings storage facility 2 for storage of both filtered tailings and
waste rock, as well as other small quantities of materials such as
solids from the water treatment plants. The lined tailings storage
facility includes infrastructure for management of stormwater runoff
and seepage.
<bullet> Construction, use, and closure of an underdrain collection
pond for the lined dry-stack tailings storage facility 2, including a
lined drainage conveyance channel leading to the storage facility's
underdrain collection pond.
<bullet> Transportation and placement of filtered tailings and
waste rock materials into tailings storage facility 2.
<bullet> Construction and use of water distribution pipelines and
associated tailings storage facility 2 underdrain collection pond to
convey collection pond water for treatment.
<bullet> Construction and use of the project electrical
distribution lines, including lines to tailings storage facility 2 and
the storage facility's underdrain collection pond.
Water management activities--
<bullet> Construction of groundwater management wells on the
surface and construction of water management infrastructure (sumps,
pumps) underground.
<bullet> Collection of water for groundwater management purposes to
reduce hydrostatic pressures to allow underground exploration and
mining, either by pumping groundwater management wells or by collection
underground.
<bullet> Construction, operation, and maintenance of piping and
power lines associated with groundwater management wells.
<bullet> Construction of permanent monitoring wells to observe
water quality and level and comply with regulatory requirements.
<bullet> Recharge of treated water in areas that would benefit the
aquifer using rapid infiltration basins, including water delivery
pipelines.
<bullet> Construction of stormwater controls to reroute non-contact
runoff and contain contact water.
Roads and transportation--
<bullet> Geotechnical drilling and/or test pits to support
construction of the primary access road.
<bullet> Construction of a new and permanent primary access road
from the project area to State Route 82 (where feasible, limiting new
disturbance by improving existing Forest Road segments).
<bullet> Construction of temporary access roads including (1) those
associated with facility access and exploration that would be closed
and reclaimed during the operational mine life, causing a short-term
temporary disturbance (short-term temporary access roads); and (2)
those associated with facility access, groundwater management wells,
monitoring wells, connecting haul roads, or rapid infiltration basins
that would remain through the operational mine life until closure,
involving a long-term disturbance (long-term temporary access roads).
<bullet> Upgrade of some existing roads to meet similar criteria
used for temporary access roads.
<bullet> Transportation of equipment, materials, supplies, and
personnel to and from the project area using existing Forest Roads, the
primary access road, and temporary access roads.
<bullet> Transportation of filtered zinc and lead and silver
concentrates off-site in sealed containers.
<bullet> Transportation of crushed oxide ore in sealed containers
to beneficiation facilities on private land distal from the project
area.
<bullet> Construction and maintenance of fencing and berms as
required for worker and public safety. This includes construction of
temporary roads along four planned fence locations for construction and
maintenance.
Reclamation and closure activities--
<bullet> Salvage and storage of growth media for use in
reclamation.
<bullet> Closure of the dry-stack tailings storage facility 2 and
storage facility's underdrain collection pond upon completion of
operations, including placing a closure cap and growth media on
tailings storage facility 2, implementing passive treatment for seepage
associated with the storage facility, and stormwater management
controls.
<bullet> Abandonment (proper closure) of groundwater management
wells, and closure and reclamation of groundwater management well pads.
<bullet> Closure and reclamation of all temporary access roads,
exploration drill holes, pads, and rapid infiltration basins.
<bullet> Long-term monitoring activities.
Preliminary Alternatives
In addition to the proposed action, two additional alternatives
have been identified for detailed study including the no-action
alternative and alternative 1. The no-action alternative is the
alternative where the Forest Service does not approve the proposed MPO
and represents what operations could still occur on private land. This
alternative serves as the baseline for the comparison among the action
alternatives. Alternative 1 includes the MPO and a proposal from
UniSource Energy Services to construct a 138-kV overhead transmission
line to serve the project area and support service reliability for
UniSource customers in the San Rafael Valley, Washington Camp, and
Lochiel areas of southeastern Arizona. Comments received in response to
this Notice of Intent may result in identification of additional
reasonable alternatives.
Plan Amendment
The proposed action includes activities that may require a forest
plan amendment to include site-specific exceptions to plan direction to
accommodate the proposed action. The proposed action may include, but
is not limited to, a forest plan amendment to allow a reduction in the
scenic integrity objectives for the project area (2018 Coronado
National Forest Land and Resource Management Plan, page 82).
Additionally, a forest plan amendment
[[Page 40464]]
may be required to allow major aboveground utility corridor development
outside of the area identified and mapped in the 2008 West-Wide Energy
Corridor Programmatic EIS as referenced in the 2018 Coronado National
Forest Land and Resource Management Plan (pages 83 and 85).
The responsible official plans to release the draft record of
decision in conjunction with the final EIS. The draft decision would be
subject to 36 CFR part 218, ``Project-Level Pre-decisional
Administrative Review Process.'' Depending on the nature of the forest
plan amendment(s) required, the draft decision may also be subject to
36 CFR part 219, subpart B, ``Pre-decisional Administrative Review
Process.'' Following resolution of objections to the draft decision,
the final decision would be issued.
Expected Impacts
It is anticipated that there would be impacts to water quality and
quantity; scenery; threatened, endangered, and other special status
species and their habitats; effects from drilling and mining activities
such as noise and lights used for nighttime drilling; impacts to air
quality; and increased traffic. This is a preliminary issues list with
additional issues to be identified through the scoping process.
Lead and Cooperating Agencies
The Forest Service is the lead agency for the proposed action and
compliance with NEPA. The Coronado National Forest has identified,
invited, and received acceptance from four cooperating agencies to
include the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife
Service, the Arizona Department of Environmental Quality, and the
Arizona State Historic Preservation Office.
Responsible Official
The responsible official for the decision on this project is Kerwin
S. Dewberry, Forest Supervisor, Coronado National Forest, 300 West
Congress Street, Tucson, Arizona 85701.
Scoping Comments and the Objection Process
This notice of intent initiates the scoping process, which guides
the development of the EIS. In this process, the agency is requesting
comments on potential issues and alternatives in addition to
identification of any relevant information, studies, or analyses of any
kind concerning impacts affecting the quality of the human environment.
Public scoping meetings in an open house format will be held as
follows:
1. May 20, 2024, 4:30 to 6:30 p.m., Patagonia Union High School, 200
Naugle Ave., Patagonia, Arizona
2. May 21, 2024, 4:30 to 6:30 p.m., Quality Hotel Americana, 639 N
Grand Ave., Nogales, Arizona
Meeting details will also be posted on the Coronado National Forest
website and advertised in the Arizona Daily Star, Herald/Review,
Nogales International, and Patagonia Regional Times.
It is important that reviewers provide their comments at such times
and in such manner that they are useful to the agency's preparation of
the EIS; therefore, comments should be provided prior to the close of
the comment period and should clearly articulate the reviewer's
concerns and contentions. Commenting during scoping and any other
designated opportunity to comment provided by the responsible official
as prescribed by the applicable regulations will also govern
eligibility to object once the final EIS and draft record of decision
has been published. Comments received in response to this solicitation,
including names and addresses of those who comment, will be part of the
public record for this proposed action. Comments submitted anonymously
will be accepted and considered; however, they will not be used to
establish eligibility for the objection process.
Objections will be accepted only from those who have previously
submitted specific written comments regarding the proposed project
during scoping or other designated opportunity for public comment in
accordance with 36 CFR 218.5(a). Issues raised in objections must be
based on previously submitted timely, specific written comments
regarding the proposed project unless based on new information arising
after designated opportunities.
Permits, Licenses, or Other Authorizations Required
The MPO may require other permits, licenses, and authorizations
including but not limited to a Clean Water Act Section 404 Permit from
the U.S. Army Corps of Engineers; an Underground Injection Control
Permit from the U.S. Environmental Protection Agency; an Encroachment
Permit from the Arizona Department of Transportation; a Reclamation
Plan and annual renewal from the Arizona State Mine Inspector; and the
following permits from the Arizona DEQ--Air Quality Permit, Arizona
Pollutant Discharge Elimination System Permit, Aquifer Protection
Permit, Arizona Water Quality Certification under section 401 of the
Clean Water Act, and Resource Conservation and Recovery Act Subtitle C
Site Identification Form.
Nature of Decision To Be Made
Based on environmental analysis and disclosure documented in the
EIS, the responsible official will decide: (1) whether to approve the
MPO as proposed or modified, or as described in an alternative; (2)
what mitigation measures, if needed, would be required; (3) what
monitoring, if any, would be required; and (4) whether approval of an
action alternative would be consistent with the 2018 Coronado National
Forest Land and Resource Management Plan or whether an amendment to the
forest plan would be required.
Substantive Provisions
Any proposed forest plan amendment(s) would meet the substantive
requirements for sustainability (36 CFR 219.8), species diversity (36
CFR 219.9), multiple use (36 CFR 219.10), and timber (36 CFR 219.11).
Dated: May 2, 2024.
Troy Heithecker,
Associate Deputy Chief, National Forest System.
[FR Doc. 2024-10048 Filed 5-9-24; 8:45 am]
BILLING CODE 3411-15-P
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