DECISION NOTICEFINDING OF NO SIGNIFICANT IMPACT

USDA FOREST SERVICETONGASS NATIONAL FOREST

ADMIRAL TV ISLAND

HECLA GREENS CREEK MINE AGGREGATE SOURCE EXPANSION

This Decision Notice contains a brief summary of the environmental analysis completedfor this project as well as my decision regarding which alternative to implement and therationale for my decision. It also contains certain Findings required by various laws, andinformation concerning the right to Administrative Review of this decision. TheEnvironmental Assessment completed for this project is incorporated by reference in thisdecision document.

This Decision Notice documents my decision to approve the proposed 10 acre expansionat the Hecla Greens Creek Mine. The project area is located approximately 18 milessouthwest of Juneau on Admiralty Island within the Tongass National Forest, Alaska.This action is needed because HGCMC has identified a need for additional construction

materials for future use in approved tailings expansion projects and operational activities,as the currently approved facility is depleted and will not provide enough sand and gravelto complete planned activities.

DECISION

Based on the Environmental Assessment (EA) completed for this project it is my decisionto select the Proposed Action as the alternative for implementation as described in theEA.

The Proposed Action is to approve the 10-acreexpansion of the existing aggregatefacility as proposed by the Hecla Greens Creek Mining Company. This constitutes anexpansion of an already-existing 5-acre aggregate facility at 1.4Mile on the A Road atthe Greens Creek Mine. The EA provides additional information about the proposedaction.

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RATIONALE FOR THE DECISION

In the 2008 Tongass Land and Resource Management Plan (Forest Plan), within theSemi-Remote Recreation Land Use Designation (LUD the Minerals and GeologyAdministration, the Standards and Guidelines include:

C: Permit reasonable access to mining claims, leases, and materialsites and authorization of orderly mineral resource developmentwith the provisions of an approved Plan of Operations in

accordance with National Forest Mining Regulations 36 CFR 228and FSM 2800.

Regulations (36 CFR, 228A) establish rules and procedures for use of National ForestSystem lands in connection with operations authorized by the United States mining laws(30 U.S.c. 21-54). These laws confer a statutory right to enter upon the public lands tosearch for minerals, but activities shall be conducted so as to minimize adverseenvironmental impacts on National Forest System surface resources.

HGCMC has identified a need for additional aggregate materials for future use inapproved tailings expansion projects and operational activities, as the existing facility isdepleted and will not provide enough sand and gravel to complete planned activities.

The proposed action can be achieved while adhering to the goals and objectives of theForest Plan, and additionally is the most cost-effective alternative available to HGCMC.

There is no alternative option for aggregate source which does not also include greatercosts to the company in terms of acquiring and then shipping the aggregate.

Biological Evaluations were completed for sensitive plants and animals. No sensitivespecies will experience impacts that would cause or contribute to a trend towards federallisting or cause a loss of viability to the population or species. The Northern Goshawk isidentified as a Region 10 sensitive species and the proposed project may impactindividuals. Mitigations include a tree-by-tree survey prior to any vegetative clearing,and a restriction from vegetative clearing activities from 15April through 15 July, toavoid impacting goshawk individuals and other migratory birds.

AL TERNA TIVES CONSIDERED

No issues were identified through internal or external scoping related to the approval ofthe expansion of the HGCMC Aggregate source. Therefore, only one action alternative(the Proposed Action) was considered.

Under the No Action alternative, the Forest Service will not approve a lO-acre expansionof the existing aggregate source at the Greens Creek Mine. Greens Creek will not beallowed to expand the existing aggregate source by any amount. Once the aggregateresource has been developed to the currently-approved 5-acre limit, no additionaldevelopment will take place at this location.

Under the Proposed Action alternative, (see description above under "Decision"),HGCMC will be granted approval to amend their approved Plan of Operation to expandtheir existing 5-acre aggregate source site by an additional 10 acres.

PUBLIC INVOLVEMENTThe proposal was listed in the Tongass National Forest Schedule of Proposed Actions inJanuary of 2009. The proposal was provided, with invitation to submit comments orconcerns, to a group of interested parties and agencies including: United States Army

Corps of Engineers; United States Fish and Wildlife Service; National Marine FisheriesService; State of Alaska Dept. of Natural Resources Division of Mining, Land, andWater; State of Alaska Dept. of Environmental Conservation; State of Alaska Dept. ofFish and Game; City and Borough of Juneau; City of Angoon; Angoon CommunityAssociation; Kootznoowoo, Inc.; Southeast Alaska Conservation Council; Friends ofAdmiralty; Juneau Group of the Sierra Club. No comments other than support for theproject were received.

A notification of the EA availability was submitted for public comment to interestedparties, and a legal notice was published in the Juneau Empire on 18 December 2009. Atotal of two comments were received. The USFWS identified that the agency had nocomment for this project. ADFG submitted comments that though the agency has noobjection to the proposed action, they recommend that the Wildlife MIS section of theEA be expanded to include brown bear and Sitka black-tailed deer. ADFG would like theEA to address the expected impacts to individuals of those two species. The ForestService acknowledges that the project will result in a long-term, if not permanent,displacement of individuals of both brown bear and Sitka black-tailed deer from theproject site. The EA identifies that there will be no measurable effect to the brown bearpopulation, and that there will be no effect to the population or change in distribution orabundance of the Sitka black-tailed deer at the watershed level.

FINDINGS REQUIRED BY OTHER LAWS

2008 Ton2ass Land and Resource Mana2ement Plan (TLRMP)

This decision is consistent with the Forest Plan. The project is located within a Semi-Remote Recreation LUD. Standards and Guidelines for Minerals and GeologyAdministration include permission of reasonable access to mining claims, leases, andmaterial sites and authorization of orderly mineral resource development with theprovisions of an approved Plan of Operations.

Roadless Area ConservationThe aggregate source expansion project is located within an Inventoried Roadless Area asdefined under 36 CPR Part 294.11. Approval for this project has been granted by theSecretary of Agriculture.

ANILCA Section 810. Subsistence Evaluation and Findin2

The effects of this project have been evaluated to determinepotential effects onsubsistence opportunities and resources. There is no documented or reported subsistenceuse that would be restricted as a result of this decision. For this reason, neither of thealternatives would result in a significant possibility of a significant restriction ofsubsistence use of wildlife, fish, or other foods.

Coastal Zone Management Act of 1972. as Amended

'The Coastal Zone Management Act (CZMA) requires that the Forest Service, whenconducting or authorizing activities or development be consistent with the approvedAlaska Coastal Management Program (ACMP) to the maximum extent practicable. TheDivision of Coastal and Ocean Management review has determined that there will be nosignificant additional impact to the coastal uses or resources.

Endangered Species Act of 1973

A Biological Evaluation has been completed for this action which indicates that noFederally-listed threatened or endangered species will be affected by this activity.

National Historic Preservation Act of 1966

The Forest Service program for compliance with the National Historic Preservation Actincludes locating, inventorying and nominating all cultural sites that may be directly orindirectly affected by scheduled activities. This activity has been reviewed by a qualifiedarcheologist and a determination made that no known cultural resources are present in theproject area.

Floodplain Management (E.O. 11988). Protection of Wetlands m.O.11990)

This activity will not impact the functional value of any floodplain as defined by .

Executive Order 11988 and will not have negative impacts on wetlands as defined byExecutive Order 11990.

Recreational Fisheries (RO. 12962)

Federal agencies are required, to the extent permitted by law and where practicable, andin cooperation with States and Tribes, to improve the quantity, function, sustainableproductivity, and distribution of U.S. aquatic resources for increased recreational fishingopportunities. As required by this Order, I have evaluated the effects of this action onaquatic systems and recreational fisheries and documented those effects relative to thepurpose of this order. Since there are no effects to fisheries resources within the projectarea there will be no direct, indirect or cumulative impacts related to this Order.

Environmental Justice (E.O. 12898)

I have determined that in accordance with Executive Order 12898this project does nothave disproportionately high and adverse human health or environmental effects onminority populations and low-income populations.

Ma2nuson-Stevens Fisherv Conservationand Mana2ementAct

The Magnuson-Stevens Fishery Conservation and Management Act of 1996 (hereafterreferred to as "the Act") requires consultation with the National Marine Fisheries Serviceon activities that may affect Essential Fish Habitat (EFH). EFH is defined as "thosewaters and substrates necessary to fish for spawning, breeding, feeding, or growth tomaturity." EFH for Pacific salmon includes marine waters, intertidal habitats, andfreshwater streams accessible to anadromous fish. Marine EFH for the salmon fisheries

in Alaska includes all estuarine and marine area utilized by Pacific salmon of Alaskaorigin, extending from the influence of tidewater and tidally submerged habitats to thelimits of the U.S. ex.c1usiveeconomic zone. The Act promotes the protection of thesehabitats through review, assessment, and mitigation of activities that may adversely affectthese habitats.

The proposal site is roughly 14of a mile from the saltwater. Two class IV streams in thevicinity of the proposal lack the size and energy to transport additional runoff associatedwith the expansion. The proposed action would not adversely affect EFH because thereare no fish-bearing streams in the project area.

FINDING OF NO SIGNIFICANT IMPACT

I have reviewed the Environmental Assessment for this project using criteria identified inimplementing regulations for the National Environmental Policy Act (40 CFR 1508.27).Based on the Environmental Assessment and the findings displayed above, I havedetermined that this is not a major action that will have a significant effect on theenvironment and therefore does not require the preparation of an Environmental ImpactStatement.

RIGHT TO APPEAL OR ADMINISTRATIVEREVIEW

As required by Forest Service appeal regulations found at 36 CFR 215.5, a legal notice ofthe opportunity to comment on the proposed action for a 30-day period was published inthe Juneau Empire, the Juneau and Admiralty National Monument Ranger Districts'.newspaper of record on December 182009. Individuals or non-federal organizationswho submitted written comments or otherwise expressed interest in this particular actionduring the comment period specified at 215.6 having standing to appeal this decision.The notice of appeal must be in writing, and meet the appeal content requirements at 36CFR 215.14. The appeal must be filed (regular mail, fax, email, hand-delivery, orexpress delivery) with the Appeal Deciding Officer:

Forrest Cole

Forest Supervisor, Forest Service, U.S. Department of AgricultureTongass National Forest

Federal Building 648 Mission StreetKetchikan, AK 99901FAX: 907-228-6125

The office business hours for submitting hand-delivered appeals are: 8:00 am to 4:30 pmMonday through Friday, excluding holidays. Electronic appeals must be submitted toappeals-alaska-tongass@fs.fed.us. In cases where no identifiable name is attached to anelectronic message, a verification of identity will be required. A scanned signature is oneway to provide verification.

Appeals, including attachments, must be filed within 45 days from the publication date oflegal notice of this decision in the Juneau Empire, the newspaper of record. Attachmentsreceived after the 45-day appeal period will not be considered. The publication date inthe Juneau Empire is the exclusive means for calculating the time to file an appeal.Those wishing to appeal this decision should not rely upon dates or timeframeinformation provided by any other source.

For additional information contact Marti Marshall, Admiralty Island National MonumentRanger or Sarah Samuelson, 8510 Mendenhall Loop Road, Juneau, AK 99801, (907)789-6274

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Date

Distribution

Legal Notice, Juneau Empire NewspaperUnited States Army Corps of Engineers,United States Fish and Wildlife Service,National Marine Fisheries Service,

State of Alaska, Dept. of Natural Resources, Division of Mining, Land, and Water,State of Alaska, Dept. of Environmental Conservation,State of Alaska Dept. of Fish and Game,City and Borough of Juneau,City of Angoon,Angoon Community Association,Kootznoowoo, Inc.,Southeast Alaska Conservation Council,Friends of Admiralty,Juneau Group of the Sierra Club

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