[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Notices]
[Pages 14829-14832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05781]


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DEPARTMENT OF AGRICULTURE

Forest Service


Tonto National Forest; Pinal County, AZ; Resolution Copper 
Project and Land Exchange Environmental Impact Statement

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement 
for approval of a plan of operations for the Resolution Copper Project 
and associated land exchange; request for comments; and notice of 
public scoping.

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SUMMARY: The Tonto National Forest (TNF) is preparing an Environmental 
Impact Statement (EIS) to evaluate and disclose the potential 
environmental effects from: (1) Approval of the ``General Plan of 
Operations'' (GPO) submitted by Resolution Copper Mining, LLC 
(Resolution Copper), for operations on National Forest System (NFS) 
land associated with a proposed large-scale mine; (2) the exchange of 
land between Resolution Copper and the United States; and (3) 
amendments to the Tonto National Forest Land and Resource Management 
Plan (forest plan) (1985, as amended).

DATES: Comments concerning the scope of the analysis must be received 
by May 17, 2016.

ADDRESSES: Send written comments to: Resolution EIS Comments, P.O. Box 
34468, Phoenix, AZ 85067-4468. Comments may also be sent via email to: 
[email protected], submitted via Web site at 
www.resolutionmineeis.us, or submitted by leaving a verbal message at 
1-866-546-5718. Additional information regarding submittal of comments 
is provided below in the Scoping section. Written and oral comments may 
also be submitted during open houses that will be held by the U.S. 
Forest Service (Forest Service), as follows:
    1. March 31, 2016, 5:00-8:00 p.m. Queen Valley Recreation Hall, 
1478 East Queen Valley Drive, Queen Valley, Arizona.
    2. April 4, 2016, 5:00-8:00 p.m. Superior High School, Multi-
purpose room, 100 Mary Drive, Superior, Arizona.
    3. April 5, 2016, 5:00-8:00 p.m. Elks Lodge, 1775 East Maple 
Street, Globe, Arizona.
    4. April 6, 2016, 5:00-8:00 p.m. Southwest Regional Library, 775 
North Greenfield Road, Gilbert, Arizona.

FOR FURTHER INFORMATION CONTACT: Mark Nelson, Project Manager, at 602-
225-5222 or [email protected] during normal business hours.
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action

    The project is located in the Globe and Mesa Ranger Districts, 
Tonto National Forest, Arizona. The TNF is evaluating the proposed 
action at this time to comply with its statutory and regulatory 
obligations to respond to a proposed plan of operations submitted by 
Resolution Copper and to comply with Section 3003 of the Carl Levin and 
Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal 
Year 2015 (NDAA).
    The purpose and need for this project is twofold:
    1. To consider approval of the proposed GPO submitted by Resolution 
Copper, which would govern surface disturbance on NFS lands from mining 
operations that are reasonably incident to extraction, transportation, 
and processing of copper and molybdenum.
    2. To exchange lands between Resolution Copper and the United 
States as directed by Section 3003 the NDAA.
    Resolution Copper submitted the proposed GPO for approval by the 
Forest Service in November 2013. The

[[Page 14830]]

proposed GPO was submitted in accordance with Forest Service 
regulations for locatable minerals set forth at 36 Code of Federal 
Regulations (CFR) 228 Subpart A. The Forest Service must: (1) Evaluate 
the proposed GPO; (2) consider requirements set forth at 36 CFR 228.8, 
including those to minimize adverse effects to the extent feasible, 
comply with applicable laws, regulations, and standards for 
environmental protection, and provide for reclamation; and (3) respond 
to the proposal as set forth at 36 CFR 228.5(a). Approval of the 
proposed GPO would be a major federal action subject to the National 
Environmental Policy Act of 1969 (NEPA). Accordingly, the Forest 
Service must also prepare an EIS to consider and publicly disclose the 
potential environmental effects of the proposed action.
    The NDAA was enacted in December 2014. Section 3003 of this law 
directs the Secretary of Agriculture (Secretary) to exchange certain 
NFS land in the area of the proposed mine with Resolution Copper in 
exchange for private land parcels located throughout eastern Arizona. 
Section 3003 of the NDAA also requires the Secretary to prepare an EIS 
prior to conveying the federal land, which shall be used as the basis 
for all decisions under federal law related to the proposed mine, the 
GPO, and any related major federal actions. The Forest Service, an 
agency within the U.S. Department of Agriculture, is the lead agency 
tasked with completion of the EIS, because the Forest Service has 
management responsibility for the federal land that will be conveyed to 
Resolution Copper and for the federal land that would be affected by 
the proposed GPO.

Proposed Action

    The proposed action is to approve the proposed GPO as submitted by 
Resolution Copper and to complete the land exchange as directed by 
Congress under Section 3003 of the NDAA. As proposed in the GPO, the 
Resolution Copper mine would affect federal, state, and private lands. 
The proposed action by the Forest Service would only approve mining 
operations on NFS lands, because the Forest Service does not have 
jurisdiction to regulate mining operations that occur on private or 
state land. However, the EIS will consider and disclose environmental 
effects that would occur on federal, private, and state lands 
associated with the proposed mine and the land exchange. Connected 
actions related to the GPO and amendment of the forest plan will also 
be analyzed. Impacts of reasonably foreseeable actions in the project 
area will be considered in combination with the impacts of the project 
to estimate the potential cumulative impacts of project implementation.
    Substantial mining activities described in the GPO would affect a 
2,422-acre parcel of land known generally as the ``Oak Flat'' parcel. 
Section 3003 of the NDAA directs the conveyance of the Oak Flat parcel 
to Resolution Copper. In exchange for the Oak Flat parcel, Resolution 
Copper would transfer eight parcels located throughout Arizona, 
totaling 5,344 acres, to the United States. The Forest Service will not 
regulate mining activities on the Oak Flat parcel, which is to be 
conveyed to Resolution Copper, because it will be private land. The 
Forest Service will need to approve a plan of operations only for 
related operations that are proposed on NFS land outside of the Oak 
Flat parcel. The following sections provide additional information 
regarding the proposed mining operations and the land exchange.

Proposed Mining Operations

    Resolution Copper proposes to conduct underground mining of a 
copper-molybdenum deposit located 5,000 to 7,000 feet below the ground 
surface. Resolution Copper estimates that the mine would take 
approximately 10 years to construct, would have an operational life of 
approximately 40 years, and would be followed by 5 to 10 years of 
reclamation activities.
    The mining operation would include, but is not limited to, the 
following facilities and activities, which would be conducted on a 
mixture of NFS, private, and state lands:
--The mining itself would take place under the Oak Flat parcel.
--An area known as the East Plant Site would be developed adjacent to 
the Oak Flat parcel. This area would include mine shafts and a variety 
of surface facilities to support mining operations. This area currently 
contains two operating mine shafts, a mine administration building, and 
other mining infrastructure. Portions of the East Plant site would be 
located on NFS lands, and would be subject to Forest Service regulatory 
jurisdiction.
--Mined ore would be crushed underground and then transported 
underground approximately 2.5 miles west to an area known as the West 
Plant Site, where ore would be processed to produce copper and 
molybdenum concentrates. Portions of the West Plant site would be 
located on NFS lands, and would be subject to Forest Service regulatory 
jurisdiction.
--The copper concentrate would be pumped as a slurry through a 22-mile 
pipeline to a filter plant and loadout facility located near Florence 
Junction, Arizona, where copper concentrate would be filtered and then 
sent to off-site smelters via rail cars or trucks. The molybdenum 
concentrate would be filtered, dried, and sent to market via truck 
directly from the West Plant Site.
--The copper concentrate slurry pipeline would be located along an 
existing, previously disturbed right-of-way known as the Magma Arizona 
Railroad Company (MARRCO) corridor. The MARRCO corridor would also host 
other mine infrastructure, including, but not limited to, water 
pipelines, power lines, pump stations, and groundwater wells for 
recovery of banked Central Arizona Project water. A portion of the 
MARRCO corridor is located on NFS lands and would be subject to Forest 
Service regulatory jurisdiction.
--Tailings produced at the West Plant Site would be pumped as a slurry 
through several pipelines for 4.7 miles to a tailings storage facility. 
The tailings storage facility would gradually expand over time, 
eventually reaching about 4,400 acres in size. The proposed tailings 
storage facility is located on NFS lands and would be subject to Forest 
Service regulatory jurisdiction.
--All power to the mine would be supplied by the Salt River Project. 
Portions of the proposed electrical infrastructure would be located on 
NFS land and would be subject to Forest Service regulatory 
jurisdiction. A Forest Service special use permit would be required to 
approve construction and operation of new power lines on NFS lands by 
the Salt River Project.
--Reclamation would be conducted to achieve postclosure land use 
objectives, including closing and sealing the mine shafts, removing 
surface facilities and infrastructure, and establishing self-sustaining 
vegetative communities using local species. The proposed tailings 
storage facility would be reclaimed in place, providing for permanent 
storage of mine tailings.
    An initial review of the consistency of the proposed GPO with the 
forest plan indicates that approval of the proposed GPO would result in 
conditions that are inconsistent with the forest plan. An amendment to 
the forest plan is proposed that may address objectives,

[[Page 14831]]

standards, and guidelines relating to recreation, vegetation, cultural 
resource management, visual quality, and wildlife.

Land Exchange

    Section 3003 of the NDAA directs the conveyance of specified 
federal lands to Resolution Copper if Resolution Copper offers to 
convey the specified non-federal land to the United States, which 
Resolution Copper has done. The following paragraphs summarize the land 
parcels that will be exchanged.
    The 2,422-acre Oak Flat parcel will be transferred by the United 
States to Resolution Copper.
    The following parcels will be transferred from Resolution Copper to 
the United States, to be included in the NFS:
--10 acres near Superior in Pinal County, Arizona, known as the Non-
Federal Parcel--Apache Leap South End, to be administered by the TNF
--148 acres in Yavapai County, Arizona, known as the Non-Federal 
Parcel--Tangle Creek, to be administered by the TNF
--147 acres in Gila County, Arizona, known as the Non-Federal Parcel--
Turkey Creek, to be administered by the TNF
--149 acres near Cave Creek in Maricopa County, Arizona, known as the 
Non-Federal Parcel--Cave Creek, to be administered by the TNF
--640 acres north of Payson in Coconino County, Arizona, known as the 
Non-Federal Parcel--East Clear Creek, to be administered by the 
Coconino National Forest
    The following parcels will be transferred from Resolution Copper to 
the U.S. Department of the Interior:
--3,050 acres near Mammoth in Pinal County, Arizona, known as the Non-
Federal Parcel--Lower San Pedro River, to be administered by the Bureau 
of Land Management (BLM) as part of the San Pedro Riparian National 
Conservation Area
--940 acres south of Elgin in Santa Cruz County, Arizona, known as the 
Non-Federal Parcel--Appleton Ranch, to be administered by the BLM as 
part of the Las Cienegas National Conservation Area
--160 acres near Kearny in Gila and Pinal Counties, Arizona, known as 
the Non-Federal Parcel--Dripping Springs, to be administered by the BLM
    Also as a requirement of the NDAA, if requested by the Town of 
Superior, Arizona, the following land will be transferred from the 
United States to the Town of Superior:
--30 acres associated with the Fairview Cemetery
--250 acres associated with parcels contiguous to the Superior Airport
--265 acres of federal reversionary interest associated with the 
Superior Airport
    As of February 2016, the Town of Superior has not requested this 
land transfer.

Possible Alternatives

    The EIS will analyze the no action alternative, which would neither 
approve the proposed GPO nor complete the land exchange. However, the 
responsible official does not have discretion to select the no action 
alternative, because it would not be consistent with the requirements 
of 36 CFR 228.5, nor would it comply with the NDAA. Further information 
regarding the nature of the decision to be made is presented in a 
following section.
    Additional alternatives may be evaluated in the EIS. These 
alternatives may require changes to the proposed GPO, which are 
necessary to meet Forest Service regulations for locatable minerals set 
forth at 36 CFR 228 Subpart A.

Lead and Cooperating Agencies

    The Forest Service will be the lead agency preparing the EIS. 
Cooperating agencies have not yet been identified.

Responsible Official

    The Forest Supervisor of the TNF will be the responsible official 
who prepares the record of decision (ROD), approves the GPO, and 
administers the land exchange.

Nature of Decision To Be Made

    The TNF Supervisor will consider the beneficial and adverse impacts 
of each alternative. With respect to the proposed GPO, the TNF Forest 
Supervisor has discretion to determine whether changes in the proposed 
GPO will be required prior to approval. With respect to the land 
exchange, the TNF Forest Supervisor has limited discretion to make 
decisions that are consistent with Section 3003 of the NDAA. The nature 
of the decision to be made is discussed further in the following 
sections.

General Plan of Operations

    Using the analysis in the EIS and supporting documentation, the TNF 
Forest Supervisor will make the following decisions regarding the 
proposed GPO:
    1. Decide whether to approve the proposed GPO submitted by 
Resolution Copper, or require changes or additions to the proposed GPO 
to meet the requirements for environmental protection and reclamation 
set forth at 36 CFR Subpart A before approving a final GPO. The Forest 
Service decision may be to approve a plan of operations composed of 
elements from one or more of the alternatives considered. The 
alternative that is selected for approval in the final GPO must 
minimize adverse impacts on NFS surface resources to the extent 
feasible.
    2. Decide whether to approve amendments to the forest plan, which 
would be required to approve the final GPO.
    3. Decide whether to approve a special use permit for the Salt 
River Project to authorize construction and operation of power lines on 
NFS lands.
    Regulations of the Secretary of Agriculture that govern the use of 
surface resources in conjunction with mining operations on NFS lands 
are set forth under 36 CFR 228 Subpart A. These regulations require 
that the Forest Service respond to parties who submit proposed mining 
plans for approval to conduct mining operations on or otherwise use NFS 
lands in conjunction with mining for part or all of their planned 
actions. In accordance with regulations at 36 CFR 228.5, the submittal 
of the proposed GPO by Resolution Copper requires the Forest Service to 
consider whether to approve the proposed GPO or to require changes or 
additions deemed necessary to meet the requirements of the regulations 
for locatable mineral operations set forth in 36 CFR Subpart A. The 
Forest Service cannot categorically prohibit mining operations that are 
reasonably incident to mining of locatable minerals on NFS lands in the 
area of the proposed action.

Land Exchange

    Congress has directed the Forest Service to complete the land 
exchange contemplated by Section 3003 of the NDAA. This act directs the 
Secretary to convey to Resolution Copper all right, title, and interest 
of the United States in and to identified federal land if Resolution 
Copper offers to convey to the United States all right, title, and 
interest of Resolution Copper in and to identified non-federal lands. 
With respect to the land exchange, the Forest Supervisor has limited 
discretion to: (1) Address concerns of affected Indian Tribes; (2) 
insure that title to the non-federal lands offered in the exchange is 
acceptable; (3) accept additional non-federal land or a cash payment 
from Resolution Copper to the United States in the event that the final 
appraised value of the federal land exceeds the

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value of the non-federal land; or (4) other matters related to the land 
exchange that are consistent with Section 3003 of the NDAA.

Final EIS and Record of Decision

    The Forest Supervisor plans to release two draft RODs in 
conjunction with the final EIS. The first draft ROD would address the 
land exchange and the second draft ROD would address the GPO. Each 
draft decision would be subject to 36 CFR 218, ``Project-Level Pre-
decisional Administrative Review Process.'' Depending on the nature of 
the forest plan amendments required, the draft decisions may also be 
subject to 36 CFR 219 Subpart B, ``Pre-decisional Administrative Review 
Process.''
    Following resolution of objections to the draft RODs, final RODs 
would be issued. Resolution Copper would have an opportunity to appeal 
the decisions as set forth at 36 CFR 214, ``Postdecisional 
Administrative Review Process for Occupancy and Use of National Forest 
System Lands and Resources.''
    Prior to approval of the GPO, Resolution Copper may be required to 
modify the proposed GPO to align it with the description of the 
selected alternative in the final ROD. In addition, the TNF Forest 
Supervisor would require Resolution Copper to submit a reclamation bond 
or other financial assurance to ensure that NFS lands and resources 
involved with the mining operation are reclaimed in accordance with the 
approved GPO and Forest Service requirements for environmental 
protection (36 CFR 228.8 and 228.13). After the Forest Service has 
determined that the GPO conforms to the ROD and that the reclamation 
bond is acceptable, it would approve the GPO. Implementation of mining 
operations that affect NFS lands and resources may not commence until a 
plan of operations is approved and the reclamation bond or other 
financial assurance is in place.
    Section 3003 of the NDAA requires the Secretary to convey all 
right, title, and interest of the United States in and to the federal 
land to Resolution Copper no later than 60 days after the date of 
publication of the final EIS.

Preliminary Issues

    Issues to be analyzed in the EIS will be developed during this 
scoping process. Preliminary issues expected to be analyzed include 
potential impacts to: Air quality, socioeconomics; groundwater and 
surface water quality; riparian and aquatic areas and springs; surface 
water runoff; ground subsidence; historical and cultural resources; 
traditional cultural properties and cultural landscapes; biological 
resources, including threatened and endangered species; environmental 
justice; recreation; transportation; noise; and visual resources. This 
list is subject to change based on comments received from the public 
and resource agencies.

Permits or Licenses Required

    The following is a partial list of additional permits that may be 
required: Permits associated with well drilling and groundwater 
withdrawal (Arizona Department of Water Resources); air permits 
(Arizona Department of Environmental Quality and Pinal County); aquifer 
protection permit (Arizona Department of Environmental Quality); right-
of-way permit for new 50-foot powerline right-of-way (Arizona State 
Land Department); Certificate of Environmental Compatibility for new 
power lines (Arizona Corporation Commission Power Plant and Line Siting 
Committee); Arizona Pollutant Discharge Elimination System permit 
(Arizona Department of Environmental Quality); dam safety permits 
(Arizona Department of Water Resources); water quality certification 
under Section 401 of the Clean Water Act (issued by the Arizona 
Department of Environmental Quality); and a permit under Section 404 of 
the Clean Water Act (administered by the U.S. Army Corps of Engineers).

Scoping Process

    This notice of intent initiates the scoping (public involvement) 
process, which guides the development of the EIS. Public comments may 
be submitted to the TNF in a variety of ways, including: via email, via 
the project Web site, by mail, via facsimile, and verbally by leaving a 
phone message. In addition, the TNF will conduct a minimum of four open 
houses during which members of the public can learn about the proposed 
action and the NEPA review process, and submit comments. Comments 
sought by the TNF include specific comments to the proposed action, 
appropriate information that could be pertinent to analysis of 
environmental effects, identification of significant issues, and 
identification of potential alternatives.
    Written comments may be sent to: Resolution EIS Comments, P.O. Box 
34468, Phoenix, AZ 85067-4468. Comments may also be sent via email to: 
[email protected], submitted via Web site at 
www.resolutionmineeis.us, sent via facsimile to 1-866-546-5718, or 
submitted by leaving a verbal message at 1-866-546-5718.
    It is important that reviewers provide their comments at such times 
and in a manner in which they are useful to the agency's preparation of 
the EIS. Although comments are welcome at any time during the NEPA 
review, they will be most useful to us if they are received within 60 
days following the publication of this notice. Comments should clearly 
articulate the reviewer's concerns. 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, 
anonymous comments will not provide the agency with the ability to 
provide the respondent with subsequent environmental documents.

    Dated: March 9, 2016.
Neil Bosworth,
Forest Supervisor.
[FR Doc. 2016-05781 Filed 3-17-16; 8:45 am]
 BILLING CODE 3411-15-P