[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40462-40464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10048]


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DEPARTMENT OF AGRICULTURE

Forest Service


Sierra Vista Ranger District; Coronado National Forest; Arizona; 
Hermosa Critical Minerals Project

AGENCY: Forest Service, Agriculture (USDA).

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The USDA Forest Service, Coronado National Forest, is 
preparing an environmental impact statement (EIS) to evaluate and 
disclose the potential environmental effects from the proposed Hermosa 
Critical Minerals Exploration and Mine Plan of Operations, submitted by 
South32 Hermosa Inc. (proponent), to occupy and use National Forest 
System lands for operations associated with an expansion of an 
underground polymetallic development. The proposed mine plan of 
operations (MPO) may also require an amendment to the 2018 Coronado 
National Forest Land and Resource Management Plan (forest plan) to 
include site-specific exceptions to plan direction to accommodate the 
proposed exploration and mining operations. The Forest Service is 
providing this public scoping opportunity to gather information to 
inform the environmental review and decision-making process.

DATES: Comments concerning the scope of the analysis must be received 
by June 10, 2024. The draft EIS is expected May 2025 and the final EIS 
is expected February 2026.

ADDRESSES: Comments can be submitted electronically using the Public 
Comment Form at https://cara.fs2c.usda.gov/Public//CommentInput?Project=65668. Written comments may be submitted via mail 
or hand delivery (Monday through Friday, 8 a.m. to 4:30 p.m., excluding 
Federal holidays) to Kerwin S. Dewberry, Forest Supervisor, Coronado 
National Forest, ATTN: Hermosa Critical Minerals Project, 300 West 
Congress Street, Tucson, AZ 85701. Written comments may also be 
submitted during public scoping meetings (see ``Scoping Comments and 
the Objection Process'').

FOR FURTHER INFORMATION CONTACT: Edwin Monin, Project Manager, Coronado 
National Forest, 300 West Congress Street, Tucson, AZ 85701, by email 
at [email protected] or by phone at 520-388-8300, between 8 a.m. and 
4:00 p.m. Mountain Standard Time, Monday through Friday. Individuals 
who use telecommunication devices for the deaf (TDD) may call the 
Federal Information Relay Service (FIRS) at 800-877-8339, 24 hours a 
day, every day of the year, including holidays.

SUPPLEMENTARY INFORMATION: The proposed MPO was submitted by the 
proponent in accordance with 36 CFR part 228, subpart A. The Forest 
Service finished the review process for MPO completeness for elements 
required under 36 CFR 228.4(c). The MPO dated December 1, 2023, was 
formally accepted as administratively complete on December 15, 2023. 
For complete details, please refer to the proposed MPO online at 
https://www.fs.usda.gov/project/coronado/?project=65668.
    After evaluating the proposed MPO, the Forest Service determined 
that the decision for whether to approve use of National Forest System 
lands would be a major Federal action subject to the National 
Environmental Policy Act (NEPA), as defined in 40 CFR 1508.1. 
Accordingly, the Forest Service will prepare an EIS to document key 
issues associated with the MPO, consider and assess reasonable 
alternatives, evaluate and disclose potential environmental effects, 
propose mitigation necessary to minimize adverse impacts, and ensure 
compliance with applicable laws, regulations, and policy. Therefore, 
the Forest Service is fulfilling statutory requirements and agency 
policy and direction to comply with NEPA and other relevant 
authorities.

Purpose and Need for Action

    The Forest Service's purpose for the action is to decide whether to 
approve the proponent's December 1, 2023, proposed MPO for surface use 
of National Forest System lands in connection with operations 
authorized by U.S. mining laws (30 U.S.C. 21-54).
    The Forest Service's need for action is established by the agency's 
responsibility under the General Mining Law of 1872, as amended, and 
the agency's locatable mineral regulations (36 CFR part 228, subpart 
A). In accordance with 36 CFR 228.5, the Forest Service must analyze 
and provide timely response to the submittal of an MPO. Furthermore, 
the Forest Service must assess whether the proposed operations will be 
conducted so as, where feasible, to minimize adverse environmental 
impacts on national forest surface resources in accordance with 36 CFR 
228.8.

Proposed Action

    The Forest Supervisor for the Coronado National Forest (responsible 
official) must decide whether to approve the MPO submitted by the 
proponent, and whether to require any modifications determined 
necessary through the analysis to comply with applicable laws and 
regulations. As described in the MPO, the proposed action would affect 
Federal and private lands comprised of patented mining claims owned by 
the proponent. However, the Forest Service only has the authority to 
regulate surface operations on National Forest System lands and does 
not have jurisdiction to regulate mining operations underground or 
those that occur on private land. Nevertheless, the EIS will consider 
and disclose environmental effects of any connected action, including 
mining-related operations that would occur on private lands. Other 
actions potentially related to the MPO will be considered in the 
process, including but not limited to Clean Water Act permitting by the 
U.S. Army Corp of Engineers and the Arizona Department of Environmental 
Quality in addition to related amendments to the Coronado National 
Forest Land and Resource Management Plan.

Project Location

    The proposed MPO (project) is located within the Patagonia 
Mountains in southern Arizona. The project is located in an 
unincorporated part of central Santa Cruz County, approximately 6 miles 
southeast of the town of Patagonia and about 8 miles north of the U.S.-
Mexico international border. Nearby communities include Kino Springs, 
Nogales, Rio Rico, and Sonoita.

Project Description

    The proposed action would continue the historic production of 
minerals within the Harshaw Mining District. The primary minerals 
targeted by the proponent are manganese and zinc, which are identified 
by the United States Geological Survey as critical minerals in the 2022 
Final List of Critical Minerals (87 FR 10381). The Energy Act of 2020 
defines a ``critical mineral'' as a non-fuel mineral or mineral 
material essential to the economic or national security of the United 
States and which has a supply chain vulnerable to disruption. The 
proponent's proposed activities on or beneath National Forest System 
lands are an expansion of the current operations on the proponent's 
adjacent private land, with a proposed surface

[[Page 40463]]

disturbance of 480.5 acres, an underground disturbance of 223 acres, 
and restricted access to 353.4 acres. Figure 2-1 included in the MPO 
depicts the proposed site plan and facilities on both private and 
National Forest System lands. The following MPO activities are proposed 
on or beneath National Forest System lands.
    Surface exploration--
     Continued definition of the ore body within the footprint 
of tailings storage facility 2 and in other locations. This includes 
construction of temporary drill pads and access roads. Where future 
surface disturbance is not contemplated, drill pads and access roads 
would be reclaimed.
    Underground exploration, mining, and support operations--
     Construction of underground tunnels and infrastructure.
     Underground mining of ore using the long-hole open stoping 
method, as well as hauling and crushing of sulfide ore so it can be 
brought to the surface.
     Use of approximately half of the tailings for mixing of 
cemented paste backfill (comprising filtered tailings, cement, and 
water) and return of material via pipe for backfill underground.
     Underground equipment use and maintenance.
     Continued definition of the orebody through exploration 
drilling from underground workings.
    Surface storage of tailings and waste rock--
     Geotechnical drilling and test pits to support development 
of tailings storage facility 2, a lined dry-stack tailings storage 
facility on National Forest System land.
     Construction, use, and closure of the lined dry-stack 
tailings storage facility 2 for storage of both filtered tailings and 
waste rock, as well as other small quantities of materials such as 
solids from the water treatment plants. The lined tailings storage 
facility includes infrastructure for management of stormwater runoff 
and seepage.
     Construction, use, and closure of an underdrain collection 
pond for the lined dry-stack tailings storage facility 2, including a 
lined drainage conveyance channel leading to the storage facility's 
underdrain collection pond.
     Transportation and placement of filtered tailings and 
waste rock materials into tailings storage facility 2.
     Construction and use of water distribution pipelines and 
associated tailings storage facility 2 underdrain collection pond to 
convey collection pond water for treatment.
     Construction and use of the project electrical 
distribution lines, including lines to tailings storage facility 2 and 
the storage facility's underdrain collection pond.
    Water management activities--
     Construction of groundwater management wells on the 
surface and construction of water management infrastructure (sumps, 
pumps) underground.
     Collection of water for groundwater management purposes to 
reduce hydrostatic pressures to allow underground exploration and 
mining, either by pumping groundwater management wells or by collection 
underground.
     Construction, operation, and maintenance of piping and 
power lines associated with groundwater management wells.
     Construction of permanent monitoring wells to observe 
water quality and level and comply with regulatory requirements.
     Recharge of treated water in areas that would benefit the 
aquifer using rapid infiltration basins, including water delivery 
pipelines.
     Construction of stormwater controls to reroute non-contact 
runoff and contain contact water.
    Roads and transportation--
     Geotechnical drilling and/or test pits to support 
construction of the primary access road.
     Construction of a new and permanent primary access road 
from the project area to State Route 82 (where feasible, limiting new 
disturbance by improving existing Forest Road segments).
     Construction of temporary access roads including (1) those 
associated with facility access and exploration that would be closed 
and reclaimed during the operational mine life, causing a short-term 
temporary disturbance (short-term temporary access roads); and (2) 
those associated with facility access, groundwater management wells, 
monitoring wells, connecting haul roads, or rapid infiltration basins 
that would remain through the operational mine life until closure, 
involving a long-term disturbance (long-term temporary access roads).
     Upgrade of some existing roads to meet similar criteria 
used for temporary access roads.
     Transportation of equipment, materials, supplies, and 
personnel to and from the project area using existing Forest Roads, the 
primary access road, and temporary access roads.
     Transportation of filtered zinc and lead and silver 
concentrates off-site in sealed containers.
     Transportation of crushed oxide ore in sealed containers 
to beneficiation facilities on private land distal from the project 
area.
     Construction and maintenance of fencing and berms as 
required for worker and public safety. This includes construction of 
temporary roads along four planned fence locations for construction and 
maintenance.
    Reclamation and closure activities--
     Salvage and storage of growth media for use in 
reclamation.
     Closure of the dry-stack tailings storage facility 2 and 
storage facility's underdrain collection pond upon completion of 
operations, including placing a closure cap and growth media on 
tailings storage facility 2, implementing passive treatment for seepage 
associated with the storage facility, and stormwater management 
controls.
     Abandonment (proper closure) of groundwater management 
wells, and closure and reclamation of groundwater management well pads.
     Closure and reclamation of all temporary access roads, 
exploration drill holes, pads, and rapid infiltration basins.
     Long-term monitoring activities.

Preliminary Alternatives

    In addition to the proposed action, two additional alternatives 
have been identified for detailed study including the no-action 
alternative and alternative 1. The no-action alternative is the 
alternative where the Forest Service does not approve the proposed MPO 
and represents what operations could still occur on private land. This 
alternative serves as the baseline for the comparison among the action 
alternatives. Alternative 1 includes the MPO and a proposal from 
UniSource Energy Services to construct a 138-kV overhead transmission 
line to serve the project area and support service reliability for 
UniSource customers in the San Rafael Valley, Washington Camp, and 
Lochiel areas of southeastern Arizona. Comments received in response to 
this Notice of Intent may result in identification of additional 
reasonable alternatives.

Plan Amendment

    The proposed action includes activities that may require a forest 
plan amendment to include site-specific exceptions to plan direction to 
accommodate the proposed action. The proposed action may include, but 
is not limited to, a forest plan amendment to allow a reduction in the 
scenic integrity objectives for the project area (2018 Coronado 
National Forest Land and Resource Management Plan, page 82). 
Additionally, a forest plan amendment

[[Page 40464]]

may be required to allow major aboveground utility corridor development 
outside of the area identified and mapped in the 2008 West-Wide Energy 
Corridor Programmatic EIS as referenced in the 2018 Coronado National 
Forest Land and Resource Management Plan (pages 83 and 85).
    The responsible official plans to release the draft record of 
decision in conjunction with the final EIS. The draft decision would be 
subject to 36 CFR part 218, ``Project-Level Pre-decisional 
Administrative Review Process.'' Depending on the nature of the forest 
plan amendment(s) required, the draft decision may also be subject to 
36 CFR part 219, subpart B, ``Pre-decisional Administrative Review 
Process.'' Following resolution of objections to the draft decision, 
the final decision would be issued.

Expected Impacts

    It is anticipated that there would be impacts to water quality and 
quantity; scenery; threatened, endangered, and other special status 
species and their habitats; effects from drilling and mining activities 
such as noise and lights used for nighttime drilling; impacts to air 
quality; and increased traffic. This is a preliminary issues list with 
additional issues to be identified through the scoping process.

Lead and Cooperating Agencies

    The Forest Service is the lead agency for the proposed action and 
compliance with NEPA. The Coronado National Forest has identified, 
invited, and received acceptance from four cooperating agencies to 
include the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife 
Service, the Arizona Department of Environmental Quality, and the 
Arizona State Historic Preservation Office.

Responsible Official

    The responsible official for the decision on this project is Kerwin 
S. Dewberry, Forest Supervisor, Coronado National Forest, 300 West 
Congress Street, Tucson, Arizona 85701.

Scoping Comments and the Objection Process

    This notice of intent initiates the scoping process, which guides 
the development of the EIS. In this process, the agency is requesting 
comments on potential issues and alternatives in addition to 
identification of any relevant information, studies, or analyses of any 
kind concerning impacts affecting the quality of the human environment. 
Public scoping meetings in an open house format will be held as 
follows:

1. May 20, 2024, 4:30 to 6:30 p.m., Patagonia Union High School, 200 
Naugle Ave., Patagonia, Arizona
2. May 21, 2024, 4:30 to 6:30 p.m., Quality Hotel Americana, 639 N 
Grand Ave., Nogales, Arizona

    Meeting details will also be posted on the Coronado National Forest 
website and advertised in the Arizona Daily Star, Herald/Review, 
Nogales International, and Patagonia Regional Times.
    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. Commenting during scoping and any other 
designated opportunity to comment provided by the responsible official 
as prescribed by the applicable regulations will also govern 
eligibility to object once the final EIS and draft record of decision 
has been published. 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, they will not be used to 
establish eligibility for the objection process.
    Objections will be accepted only from those who have previously 
submitted specific written comments regarding the proposed project 
during scoping or other designated opportunity for public comment in 
accordance with 36 CFR 218.5(a). Issues raised in objections must be 
based on previously submitted timely, specific written comments 
regarding the proposed project unless based on new information arising 
after designated opportunities.

Permits, Licenses, or Other Authorizations Required

    The MPO may require other permits, licenses, and authorizations 
including but not limited to a Clean Water Act Section 404 Permit from 
the U.S. Army Corps of Engineers; an Underground Injection Control 
Permit from the U.S. Environmental Protection Agency; an Encroachment 
Permit from the Arizona Department of Transportation; a Reclamation 
Plan and annual renewal from the Arizona State Mine Inspector; and the 
following permits from the Arizona DEQ--Air Quality Permit, Arizona 
Pollutant Discharge Elimination System Permit, Aquifer Protection 
Permit, Arizona Water Quality Certification under section 401 of the 
Clean Water Act, and Resource Conservation and Recovery Act Subtitle C 
Site Identification Form.

Nature of Decision To Be Made

    Based on environmental analysis and disclosure documented in the 
EIS, the responsible official will decide: (1) whether to approve the 
MPO as proposed or modified, or as described in an alternative; (2) 
what mitigation measures, if needed, would be required; (3) what 
monitoring, if any, would be required; and (4) whether approval of an 
action alternative would be consistent with the 2018 Coronado National 
Forest Land and Resource Management Plan or whether an amendment to the 
forest plan would be required.

Substantive Provisions

    Any proposed forest plan amendment(s) would meet the substantive 
requirements for sustainability (36 CFR 219.8), species diversity (36 
CFR 219.9), multiple use (36 CFR 219.10), and timber (36 CFR 219.11).

    Dated: May 2, 2024.
Troy Heithecker,
Associate Deputy Chief, National Forest System.
[FR Doc. 2024-10048 Filed 5-9-24; 8:45 am]
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