[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Notices]
[Pages 18815-18817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06821]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVL0000-L51100000-GN0000-LVEMF190482A 19X MO: 4500154824]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Bald Mountain Mine Plan of Operations Amendment Juniper Project 
White Pine County, Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent.

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SUMMARY: In compliance with the National Environmental Policy Act of 
1969, as amended (NEPA), and the Federal Land Policy and Management Act 
of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) Ely 
District Bristlecone Field Office (BFO), Nevada, intends to prepare an 
Environmental Impact Statement (EIS) for the Bald Mountain Mine Plan of 
Operations Amendment (Juniper Project). This Notice initiates the 
scoping process and opens a 30-day public comment period to solicit 
public comments and identify potential issues for analysis.

DATES: The BLM requests comments concerning the scope of the analysis 
that will guide the NEPA process, including the range of alternatives 
and issues analyzed in the EIS. All comments must be received by May 2, 
2022. The Draft EIS is scheduled to be published in July 2022, and the 
Final EIS is scheduled to be published in November 2022, with a Record 
of Decision scheduled to be issued in January 2023. The BLM will 
announce dates of scoping meetings at least 15 days in advance of the 
meeting on the BLM National ePlanning website--https://go.usa.gov/xAm2g. Scoping meetings will be held online.

ADDRESSES: Send written comments to BLM Bristlecone Field Office, ATTN: 
BMM EIS Project, 702 North Industrial Way, Ely, Nevada 89301. Comments 
may also be sent via email to [email protected]. Submit 
comments online at the website https://go.usa.gov/xAm2g.

FOR FURTHER INFORMATION CONTACT: Concetta Brown, Natural Resource 
Specialist, (775) 289-1885, or email [email protected]. Individuals in 
the United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: The Bald Mountain Mine (BMM) is a 10,782-
acre open-pit gold mine located primarily on public lands administered 
by the BLM located approximately 60 miles southeast of the city of 
Elko, Nevada, and 60 miles northwest of Ely in White Pine County, 
Nevada. KG Mining (Bald Mountain) Inc. (KG-BM) is the owner and 
operator of the BMM. The proposed expansion and development of mining 
components and extension of the mine life would enable KG-BM to enhance 
operational efficiencies and increase extraction of ore for processing 
and gold recovery in a cost-effective and optimal manner. The BLM BFO 
is the lead agency for purposes of the NEPA analysis with other 
agencies serving as cooperating agencies. In particular, the United 
States Fish and Wildlife Service (Service) is a cooperating agency with 
the BLM on the development of this Draft EIS to analyze the potential 
impacts of approving KG-BM's request for an incidental take permit for 
golden eagles pursuant to 50 CFR 22.2 and 22.26 implementing the Bald 
and Golden Eagle Protection Act (Eagle Act; 16 U.S.C. 668-668c). The 
Service will evaluate the KG-BM's Eagle Conservation Plan (ECP), which 
describes their request for the removal of golden eagle nests and for 
incidental disturbance take to nesting golden eagles under the Eagle 
Act.

Purpose and Need for the Proposed Action

    The purpose of the Juniper Project is to continue mining operations 
by creating and expanding mine areas located within the North 
Operations Area (NOA), including the ongoing exploration activities 
within the Bald Mountain Mine Plan of Operations boundary area. In 
order to meet these objectives, KG-BM would expand, modify, and 
eliminate select authorized mine components and develop new disturbance 
located within the NOA. The need for the action is established by the 
BLM's responsibility under the Mining Law of 1872, section 302 of the 
FLPMA, and the BLM Surface Management Regulations at 43 CFR 3809. Under 
these statutes and regulations, the BLM is required to review the 
Juniper Project to ensure that the KG-BM activities include appropriate 
reclamation and do not cause unnecessary or undue degradation of the 
public lands.
    The Service's purpose for its Federal action is to respond to KG-
BM's request for a take permit for golden eagles under the Eagle Act, 
associated with KG-BM's mining operations at the Bald Mountain Mine. 
The Juniper Project would affect golden eagle nests and territories by 
mining activities near golden eagle nests; therefore, KG-BM has 
requested authorization from the Service to remove and disturb golden 
eagle nests under the Eagle Act. KG-BM's ECP is the foundation of the 
permit application and contains commitments to avoid, minimize, and 
mitigate adverse effects on golden eagles resulting from the 
implementation of the Juniper Project. Issuance of an eagle take permit 
must comply with the Eagle Act and all related regulatory requirements 
(50 CFR 22.26).
    In accordance with 50 CFR 22.25 and 22.26 implementing the Eagle 
Act, the Service must make a permitting decision that may enable KG-BM 
to continue mining operations that are consistent with the Eagle Act 
regulations. In responding to the request for a permit, the Service 
must ensure compliance with the Eagle Act and the goal of maintaining 
stable or increasing breeding populations of Bald and Golden Eagles. 
The Service will consider issuance of an Eagle Act permit if: (1) The 
nest removal and incidental take is necessary to protect legitimate 
interests; (2) the take is compatible with the preservation standard of 
the Eagle Act; (3) the applicant has avoided and minimized impacts to 
eagles to the extent practicable; and (4) compensatory mitigation will 
be provided for any take.

Preliminary Proposed Action and Alternatives

    The Bald Mountain Mine has been in continuous operation for more 
than 40 years; thus, mine areas are in various stages of development, 
operation, and reclamation. The BMM is subdivided into two plan of 
operation areas which consist of the NOA (BLM case number

[[Page 18816]]

NVN-082888/Reclamation Permit No. 0025) and South Operations Area (BLM 
case number NVN-090443/Reclamation Permit No. 0033).
    The BLM received a proposal from KG-BM--which owns and operates the 
Bald Mountain Mine--to amend the authorized NOA Plan of Operations. The 
NOA Plan of Operations is comprised of non-contiguous mine areas 
connected by haul roads. The proposal, which constitutes the proposed 
action and is referred to as the Juniper Project, generally involves:
     Extension of the NOA Plan boundary in five areas resulting 
in an increase of 3,425 acres;
     Expansion, reclassification, realignment, elimination, and 
creation of mine areas and select mine components resulting in net 
disturbance increase totaling 3,969 acres (including expanding and/or 
deepening seven authorized open pits and developing two new pits; 
developing three and modifying thirteen authorized rock disposal areas 
(RDAs) and other related disturbance);
     Increasing the height of a heap leach facility;
     Increasing the height of Poker Flats heap;
     New and realigned infrastructure (such as powerlines, 
fencing, wells, and piezometers);
     Developing and modifying haul roads;
     Maintaining existing footprints for select authorized mine 
components;
     Elimination of portions of mine components that have not 
been constructed;
     Re-establishing the Top underground mine;
     Sequencing and a backfill of the Poker Flats Pit;
     Planned concurrent reclamation; and
     Extension of NOA mine life by 11 years.
    The proposed action would change total life-of-mine disturbance by 
adding 4,114 acres of new disturbance, reclassifying 877 acres, and 
eliminating 145 acres of authorized disturbance. This would result in 
an addition of 3,969 acres of net new disturbance. The new total life-
of-mine disturbance would be 14,752 acres within the extended NOA Plan 
boundary. The proposed increase would comprise 1.5 acres of new 
disturbance on private land controlled by KG-BM and approximately 3,967 
acres of net new disturbance located on public lands administered by 
the BLM.
    The Juniper Project may affect golden eagle territories; therefore, 
KG-BM in coordination with the Service has prepared and submitted an 
ECP as part of the application to the Service for two eagle take 
permits associated with KG-BM's mining operations at the BMM.
    In addition to the No Action (not approving the proposal to amend 
the plan of operations) and the Proposed Action, a possible alternative 
may include modifications to proposed mine components to facilitate 
mule deer migration through the NOA. Additional alternatives to be 
analyzed in detail in the EIS may be identified after the scoping 
process is completed.

Summary of Expected Impacts

    In addition to potential impacts to golden eagles, preliminarily 
identified potential resource concerns include properties of cultural 
and religious importance, Native American concerns, potential impacts 
to cultural resources eligible for the National Register of Historic 
Places, potential impacts to mule deer habitat, and potential impacts 
to BLM sensitive species including but not limited to greater sage-
grouse, ferruginous hawk, western burrowing owl, and the pygmy rabbit.

Anticipated Permits and Authorizations

    The BLM anticipates that the following major permits and approvals 
will be required for the Juniper Project:

 Plan of Operations Amendment (BLM)
 Cultural Resources Mitigation (BLM/State Historic Preservation 
Office)
 Eagle Take Permit for removal of golden eagle nests (Service)
 Eagle Take Permit for incidental disturbance (Service)
 Mining Reclamation Permit (Nevada Division of Environmental 
Protection, Bureau of Mining Regulation and Reclamation)
 Class II Air Quality Operating Permit for Surface Area 
Disturbance Including a Dust Control Plan (Nevada Bureau of 
Environmental Protection, Bureau of Air Pollution Control)
 Water Pollution Control Permit, Bald Mountain Mine (Nevada 
Division of Environmental Protection, Bureau of Mining Regulation and 
Reclamation)
 Water Pollution Control Permit, Mooney Basin Mine Project 
(Nevada Division of Environmental Protection, Bureau of Mining 
Regulation and Reclamation)
 Water Rights Transfers (Nevada Division of Water Resources)
 Industrial Artificial Pond Bald Mountain Mine Primary Heap 
Leach Facility Permit (Nevada Department of Wildlife)
 Class III Landfill Waivers for the Redbird and South Duke RDA 
2 Rock Disposal Areas (Nevada Division of Environmental Protection, 
Bureau of Waste Management)
 Permit to Operate a Public Water System, Royale Mine Area, if 
needed (Nevada Division of Environmental Protection, Bureau of Safe 
Drinking Water)

Schedule for the Decision-Making Process

    The BLM anticipates a decision in November 2022.

Public Scoping Process

    This notice of intent initiates the scoping process, which guides 
the development of the EIS. To maximize the opportunity for public 
input on this project while prioritizing the health and safety of BLM 
employees and the interested public, the BLM will host online virtual 
public scoping meetings to provide information and gather input on the 
project. The date(s) and information on how to login and participate in 
these virtual scoping meetings will be announced at least 15 days in 
advance through local media and on the BLM website at: https://go.usa.gov/xAm2g.
    The BLM will use the fulfillment of the NEPA public participation 
requirements to assist the agency in satisfying the public involvement 
requirements under Section 106 of the National Historic Preservation 
Act (16 U.S.C 470(f)) pursuant to 36 CFR 800.2(d)(3). The information 
about historic and cultural resources within the area potentially 
affected by the proposed action will assist the BLM in identifying and 
evaluating impacts to such resources in the context of both NEPA and 
Section 106 of the NHPA.
    The BLM will consult with Indian tribes on a government-to-
government basis in accordance with Executive Order 13175 and other 
policies. Tribal concerns, including impacts on Indian trust assets and 
potential impacts to cultural resources, will be given due 
consideration. The Service will consult with Indian tribes within 109 
miles of the project area on the proposed issuance of an eagle take 
permit in compliance with the Eagle Act. Federal, State, and local 
agencies, along with Tribes and other stakeholders that may be 
interested in or affected by the proposed action that the BLM is 
evaluating are invited to participate in the scoping process and, if 
eligible, may request or be requested by the BLM and Service to 
participate in the development of the environmental analysis as a 
cooperating agency.

[[Page 18817]]

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Proposed Action

    The BLM requests assistance with identifying potential alternatives 
to the Proposed Action for consideration. As alternatives should 
resolve a problem with the Proposed Action, please indicate the purpose 
of the suggested alternative. The BLM also requests that potential 
impacts that should be analyzed be identified. Impacts should be a 
result of the action; therefore, please identify the activity and the 
potential impact that should be analyzed. Information that reviewers 
have that would assist in the development of alternatives or analysis 
of resources issues is also helpful.
    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.
    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.

Lead and Cooperating Agencies

    The BLM is the lead agency. The Service, U.S. Environmental 
Protection Agency, Nevada Department of Wildlife, Nevada Department of 
Conservation and Natural Resources Sagebrush Ecosystem Technical Team, 
White Pine County Commisioners, and Elko County are cooperating 
agencies on this EIS.

Decision Maker

    Ely District Manager Robbie McAboy is the BLM Responsible Official.

Nature of Decision To Be Made

    The BLM will decide whether to approve the proposal from KG-BM to 
amend the NOA Plan of Operations.
    The Service will decide whether to authorize eagle take, which must 
comply with the Eagle Act.

Robbie J. McAboy,
District Manager, Ely District Office.
[FR Doc. 2022-06821 Filed 3-30-22; 8:45 am]
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