2003-04-30_PERMIT FILE - M2003030 (2)

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/~ ~~ DECISION MEMO USDA Forest Service Glacier Peak Mining, Unpatented Mining Claims Joseph L. Dorris, Owner South Park Ranger Disrict Pike and San Isabel National Forest Park County, Colorado Proposed Action and Decision The owner and operator of Glacier Peak Mining has proposed a modification to [he 1993 Plan of Operations to current mining operations in the Lake George area of South Park Ranger District. Activities identified in the proposed Plan of Operations involve pick and shovel digging. Upon District notification, a backhoe may be used on a limited basis to expose crystal pockets. Production may be up [0 50 pounds of material per day. Pits are reclaimed immediately upon exhaustion of a crystal pocket. Some live trees may be damaged or felled during mining operations. Name and location* of claims involved in mining operations: Name: Section Townshia Ranee QUI-BUC#2 35 11S 71W QUI-BUC#3 35 115 71W QUI-BUC #8 35 115 71 W CUT DOG 34/35 115 71W BLUE SMOKY l0/lI 12S 71W SMOKY HAWK 10/II l25 7IW SMOKY BOULDER 3 125 71W `All locations found along [he 6°i Principle Meridian My decision is to approve the operations on the Glacier Peak Mining claims [o continue according to the submitted modification of operations and according to the Forest Service evaluation of the operating plan. The reasons for my decision are: 1) the proposed activity will cause negligible environmental effect; 2) the proposal is authorized by the United States Mining Laws and with the regulations at 36 CFR 228; 3) [he proposal is consistent with the Pike National Forest Land and Resource Management Plan (Forest Plan) and with other applicable laws. Scoping and Public Involvement Due to minimal disturbance of the site, scoping was discussed within the South Park Ranger District and included consultation with Stephanie Howard, Wildlife Biologist, and Megen D. Kabele, Minerals Administrator. Reasons for Categorical Exclusion The proposed action falls under Category Three of [he Forest Service Handbook 1909.15, 31.2(3). Category Three includes approval, modification, or continuation of minor special uses of National Forest System lands that require less than five contiguous acres of land. Based on environmental analysis and past experience, the effects of implementing this action will be of limited context and intensity, and will result in little or no environmental effects to either the physical or biological components of the environment. The action does not involve any extraordinary circumstances. Findings Required by Other Laws The General Mining Law of 1872 allows entry, exploration, and mining as a matter of self-initiation. Other laws governing mining on National Forest System (NFS) lands have been in affect since 1872. The 1872 Organic Ac[ provided that miners must comply with the rules and regulations conveying the forest reservations; the Surface Resources Act of 1955 gave the Forest Service the authority to protect other resources on a mining claim; in 1974 the Forest Service, by authority of the Organic Act, put into effect regulations to control occupancy and use within the national forests. However, the General Mining Law of 1872 which gives U.S. citizens the statutory right to develop a mining claim on NFS land, remains the basic law governing hardrock mining today. The proposed action is consistent with the Pike National Forest Land and Resource Management Plan (Forest Plan CII-5 to III- 54). Pursuant to the Archeological Resources Protection Act and [he National Historic Preservation Act, a heritage resource survey is required across all of the Glacier Peak Mining claims. Due to current weather conditions, a heritage resource survey will be conducted this spring prior to seasonal activity on the claim. Proposed activity on the Glacier Peak claims is expected to have no significant impact on cultural resources.