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action are limited to the local area and will not incrementally contribute to significant impacts <br />on any of the resources that are present or may be affected by the proposed action. (EA, pages <br />25 -87) <br />S. The degree to which the action may adversely affect districts, sites, highways, structures, or <br />objects listed, or eligible for listing, in the National Register of Historic Places or may cause <br />loss or destruction of significant scientific, cultural, or historical resources. <br />The action will have no significant adverse effect on districts, sites, highways, structures, or <br />objects listed in or eligible for listing in the National Register of Historic Places, because the <br />entire area of potential effect had an intensive cultural resource inventory completed, and the <br />sites recorded in the project area, will be monitored during exploration activities. (EA, Appendix <br />B, 2.0 Cultural and Historic - page 109) <br />The action will also not cause loss or destruction of significant scientific, cultural, or historical <br />resources because the design criteria associated with project implementation protects known <br />resources. (EA, page 64 -66) Tribes were consulted on the project, and no objections to the <br />proposed action were filed. <br />9. The degree to which the action may adversely affect an endangered or threatened species or <br />its habitat that has been determined to be critical under the Endangered Species Act of 1973. <br />The action will not adversely affect any endangered or threatened species or its habitat that has <br />been determined to be critical habitat under the Endangered Species Act of 1973, because there <br />are no federally - listed threatened or endangered species or critical habitat identified within the <br />project area (EA, pages 60 -62, Biological Assessment, Project Record). <br />10. Whether the action threatens to violate Federal, State, or local law or requirements imposed <br />for the protection of the environment. <br />The action will not violate Federal, State, and local laws or requirements for the protection of <br />the environment. Applicable laws and regulations were considered in the EA (EA, pages 3 -5). <br />The action is consistent with the 1996 Rio Grande National Land and Resource Management <br />Plan (as amended). <br />After considering the environmental effects of the actions analyzed,in terms of context and intensity, I <br />have determined that the actionswill not have a significant effect on the quality of the human <br />environment. Therefore, an environmental impact statement will not be prepared. <br />2.3 ADMINISTRATIVE REVIEW (APPEAL) OPPORTUNITIES <br />This decision is subject to administrative appeal pursuant to Federal regulations at 36 CFR 215.11. <br />Appeals (including attachments) must be in writing and filed (regular mail, fax, e-mail, hand - delivery, <br />express delivery, or message service) with the Appeal Deciding Officer (36 CFR 215.8) within 45 days <br />following the publication of a legal notice of this decision in the Valley Courier. The publication date of <br />the legal notice in the newspaper of record is the exclusive means for calculating the time to file an <br />appeal (36 CFR 215.15 (a)). Pursuant to 36 CFR 215.13 (b), only those individuals or organizations who <br />submitted substantive comments during the comment period may file an appeal. <br />Bulldog Underground Exploration and Development Project DN/FONSI Page 8 <br />