[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Notices]
[Pages 56652-56653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17783]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_NV_FRN_MO4500170457]


Notice of Availability of the Draft 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 availability.

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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) 
announces the availability of the Draft Environmental Impact Statement 
(EIS) for the Bald Mountain Mine Plan of Operations Amendment.

DATES: To afford the BLM the opportunity to consider comments in the 
Final EIS, please ensure that the BLM receives your comments within 45 
days following the date the Environmental Protection Agency (EPA) 
publishes its Notice of Availability of the Draft EIS in the Federal 
Register.

ADDRESSES: The Draft EIS is available for review on the BLM ePlanning 
project website at https://go.usa.gov/xAm2g.
    Written comments related to the Bald Mountain Mine Plan of 
Operations Amendment may be submitted by any of the following methods:

     ePlanning website: https://go.usa.gov/xAm2g
     Email: [email protected]
     Mail: BLM Bristlecone Field Office, ATTN: BMM EIS Project, 
702 North Industrial Way, Ely, Nevada 89301

    Documents pertinent to this proposal may be examined online at 
https://go.usa.gov/xAm2g and at the Bristlecone Field Office.

FOR FURTHER INFORMATION CONTACT: Concetta Brown, Planning and 
Environmental Coordinator, telephone (775) 289-1885; address 702 North 
Industrial Way, Ely, Nevada 89301; 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 for contacting Ms. Brown. 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: KG Mining (Bald Mountain) Inc. (KG-BM) owns 
and operates the Bald Mountain Mine (BMM), a large-scale, open-pit gold 
mine primarily on public lands administered by the BLM Bristlecone 
Field Office. The BMM is in northwestern White Pine County, Nevada, 
approximately 60 miles southeast of the city of Elko, Nevada, and 60 
miles northwest of Ely, Nevada. The BMM is on patented and unpatented 
Federal mining claims owned, leased, or otherwise controlled by KG-BM. 
The BMM has been in continuous operation for more than 40 years; 
therefore, mine areas and facilities are in various stages of 
development, operation, and reclamation. The BMM is subdivided into two 
plan of operation areas: the North Operations Area (NOA) and South 
Operations Area. KG-BM is proposing to amend its plan of operations for 
the NOA (NOA Plan) to enable continued mining, processing, exploration, 
and reclamation of the open pit mining operations and to reestablish 
underground mining. This is referred to as the Juniper Project.

Purpose and Need for the Proposed Action

    The BLM's purpose for this Federal action is to evaluate and 
respond to KG-BM's proposed amendment to the NOA Plan in accordance 
with all applicable laws, regulations, and policies. The need for the 
action is established by the BLM's responsibility under FLPMA, the 
Mining Law of 1872, the BLM's surface management regulations (43 CFR 
3809), and its use and occupancy regulations (43 CFR 3715), to respond 
to KG-BM's proposal while preventing unnecessary or undue degradation 
of public land.
    As a cooperating agency for this EIS, the U.S. Fish and Wildlife 
Service's (USFWS) purpose for this Federal action is to evaluate and 
respond to KG-BM's proposed golden eagle nest removal and incidental 
take permit application in accordance with applicable laws, 
regulations, and policies. The USFWS's need for this action is 
established by the USFWS's responsibility under the Bald and Golden 
Eagle Protection Act to respond to KG-BM's request for a nest removal 
and incidental take permit authorization, while maintaining stable or 
increasing breeding populations in all golden eagle management units 
and the persistence of local populations throughout their geographic 
range.

BLM Proposed Action and Alternatives

    KG-BM's proposed NOA Plan Amendment would develop, expand, modify, 
reconfigure, reclassify, realign, or eliminate select mine components 
or portions thereof in the NOA. Specifically, this action involves the 
expansion or modification (i.e., pit floor elevation change, backfill) 
of 7 authorized open pits (Redbird, Rat, Top, Poker Flats, Bida, Saga, 
and Winrock South), the development of the Royale and South Duke pits, 
the development of 3 rock disposal areas (RDAs) (Royale, South Duke RDA 
2, and Bida), the modification of 13 authorized RDAs, and the 
elimination of a portion of the authorized but not yet constructed 
Poker Flats RDA. Modification or development is proposed for heap leach 
facilities, haul roads, interpit areas, process areas, ancillary areas, 
and support facilities (infrastructure).
    Other aspects of the Juniper Project include conducting planned 
concurrent reclamation activities, implementing a growth media 
stockpile management program, applying a road design strategy to select 
haul roads, creating haul road placement zones for three haul roads, 
reestablishing the Top Pit underground mine, creating a sequencing and 
backfill schedule for the Poker Flats Pit, increasing the height of the 
Poker Flats heap, and reusing spent heap leach ore. Proposed non-
surface disturbing activities involve administrative actions such as 
renaming authorized mine components or recategorizing authorized 
surface disturbance. The Juniper Project would extend the authorized 
NOA Plan boundary in 5 areas totaling 3,425 acres. Life-of-mine surface 
disturbance in the NOA would increase from 10,782 acres to 14,752 
acres, resulting in a net surface disturbance increase of about 3,969 
acres. Mine life would extend for an additional 11 years.

Alternative A

    Alternative A was developed to address refinements to two 
designated mule deer migration corridors through the western portion of 
the NOA. Under Alternative A, some of the surface disturbance described 
in the Proposed Action would not be developed, some of the authorized 
but not constructed disturbance would be canceled, some

[[Page 56653]]

partial pit backfilling would occur, and some of the existing surface 
disturbance would undergo concurrent reclamation. The Alternative A 
design modifications were developed in coordination with the Nevada 
Department of Wildlife and are intended to improve mule deer migration 
through the NOA and reduce energy expenditure of migrating mule deer 
compared to the Proposed Action. Alternative A would remove 6.9 acres 
of proposed new surface disturbance and 10.5 acres of authorized 
surface disturbance that would not be constructed, resulting in a 17.4-
acre reduction in comparison with the Proposed Action. The total 
proposed surface disturbance under Alternative A would be about 14,735 
acres. Alternative A is the same as the Proposed Action in all other 
respects.

No-Action Alternative

    Under the No-Action Alternative, the BLM would not authorize the 
proposed NOA Plan Amendment. The Juniper Project would not be 
developed, and KG-BM would continue its construction, operations, 
closure, reclamation, and post-mining monitoring activities within the 
authorized NOA Plan boundary under the terms, permits, and approvals as 
authorized by the BLM and State of Nevada. Operations in the NOA would 
not be extended for an additional 11 years, and mine operations would 
continue as already authorized until an expected end-of-mine-life date 
of 2029. Under the No-Action Alternative, the USFWS would not issue an 
incidental take permit for golden eagles to KG-BM. The decision for the 
eagle take permit is independent of the BLM's decision of whether to 
authorize the Juniper Project. Under this alternative, the USFWS 
assumes that KG-BM would take reasonable steps to avoid taking eagles, 
but KG-BM would not be protected from enforcement for violating the 
Bald and Golden Eagle Protection Act should take of an eagle occur.

USFWS Proposed Action and Alternatives

    Under the Eagle Conservation Plan Proposed Action, the USFWS would 
authorize the removal of up to 5 golden eagle nests and up to 15 
incidents of take resulting from disturbance to breeding territories 
for up to 19 years as requested by KG-BM. Under this alternative, KG-BM 
would be required to implement nest protection buffers to ensure any 
ground disturbing activities do not exceed its permitted 15 incidental 
takes. Under the Eagle Conservation Permit Proposed Action, KG-BM would 
provide the compensatory mitigation as required by regulations to 
ensure that effects of take caused by KG-BM are offset at the 
population level. Additional mitigation for nest removals would also be 
required.

USFWS Preferred Alternative

    Under the USFWS Preferred Alternative, the USFWS would issue a 
permit with increased take authorizations and experimental compensatory 
mitigation measures. Under this alternative, the USFWS would authorize 
up to 27 incidents of golden eagle take resulting from disturbance 
consistent with the USFWS risk assessment for a period of up to 30 
years to allow for take coverage to extend into the mine closure and 
final reclamation phases. As required by regulation, KG-BM would 
provide compensatory mitigation for authorized take and additional 
mitigation for nest removals. Under this alternative, KG-BM would have 
increased flexibility to implement its mining activities without 
potentially needing to alter mining operation or exploration plans.

USFWS No-Action Alternative

    Under the USFWS No-Action Alternative, the USFWS would not issue an 
incidental take permit for golden eagles to KG-BM. For purposes of 
analyzing the USFWS No-Action Alternative, the USFWS assumes that KG-BM 
would implement all measures required by other agencies and 
jurisdictions to conduct the proposed Juniper Project, but the 
conservation measures proposed in the eagle incidental take permit 
application package would not be required. KG-BM may choose to 
implement some, none, or all of those conservation measures.

Lead and Cooperating Agencies

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

Schedule for the Decision-Making Process

    The final EIS is tentatively scheduled for Fall of 2023 with a 
Record of Decision in the Winter of 2023/2024.

Draft EIS Review Process

    On March 31, 2022, a notice of intent to prepare an EIS was 
published in the Federal Register, announcing the beginning of the 
public scoping process. Virtual public scoping meetings were held on 
April 19, 2022, and April 21, 2022. During the scoping period, 19 
unique submittals were received containing a total of 206 discrete 
comments. The three categories that received the most comments were 
associated with water quality and quantity, special status species, and 
air quality, including greenhouse gases and climate change.
    This notice of availability initiates the draft EIS review process. 
The BLM will be holding two public meetings in the following locations: 
an in-person meeting in Ely, Nevada, and a virtual meeting. The 
specific dates, locations, and information on how to join these meeting 
will be announced at least 15 days in advance through local media and 
on the BLM website at: https://go.usa.gov/xAm2g.
    Public review of the draft EIS provides an opportunity for 
meaningful collaborative public engagement and allows the public to 
provide substantive comments, such as identification of factual errors, 
data gaps, relevant methods, or scientific studies. The BLM will 
respond to substantive comments by making appropriate revisions to the 
EIS or explaining why a comment did not warrant a change.
    The BLM will continue to consult with Indian Tribal Nations on a 
government-to-government basis in accordance with Executive Order 
13175, BLM MS 1780, and other Departmental policies. Tribal concerns, 
including impacts on Indian trust assets and potential impacts to 
cultural resources, will be given due consideration. Consultation will 
continue on an individual basis with interested tribes.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

(Authority: 40 CFR 1506.6, 40 CFR 1506.10)

Jon K. Raby,
State Director, Nevada State Office, Bureau of Land Management.
[FR Doc. 2023-17783 Filed 8-17-23; 8:45 am]
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