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— Decision Memo for Red Top Mineral Exploration Project— Page 1 of 14 DECISION MEMO RED TOP MINERAL EXPLORATION PROJECT U.S. FOREST SERVICE TONTO NATIONAL FOREST, GLOBE RANGER DISTRICT PINAL COUNTY, ARIZONA BACKGROUND Two separate Plans of Operation to conduct exploratory drilling were submitted to Forest Service by Bronco Creek Exploration Company, Inc. on behalf of Desert Star Resources Ltd. in March and May of 2014. Public and Tribal Scoping for these two projects, Copper King Mineral Exploration Project (Copper King Project) and Red Top Mineral Exploration Project (Red Top Project), began in March 2015 with invitation letters to Forest Users and Potentially Affected Tribes to provide comments on each project. This document represents the required Decision Memo for Red Top Project only. A separate decision document was prepared for Copper King, dated December 24, 2015. Red Top project is located approximately four miles north of the Town of Superior, Arizona, in Township 1 South, Range 12 East, Sections 2 and 3; and Township 1 North, Range 12 East, Sections 28 and 33; Gila and Salt River Meridian. PROJECT DESCRIPTION Activities associated with Red Top project include exploratory core drilling (diamond core method with a core diameter of 2.5 inches) on a maximum of 10 sites from 22 potential sites, as outlined in the Plan of Operations submitted in March of 2014 and modified in September of 2014. Test results from the first several drill sites will inform which of the remaining sites will be drilled. Activities also include construction of a laydown yard to store project drilling materials, road use and maintenance on existing Forest Service roads, core drill hole abandonment, and reclamation work to restore disturbed areas. Helicopter use was not proposed for this project. From the possible 22 drill site locations, up to ten drill sites will be established. A maximum of ten holes will be drilled using a diamond core drill rig up to a maximum depth of 4,000 feet per hole. Sump pits or above ground tanks will be used to contain drilling fluids and rock cuttings during operation. All disturbed topsoil will be segregated and stabilized prior to starting and saved for subsequent reclamation efforts. Planning includes configuring equipment within each drill site to fit within existing natural clearings and avoid vegetation wherever possible. All activities, including all reclamation, will be completed within a maximum one year time period from time of plan authorization. Any drilling activities not completed within 11 months

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Page 1: U.S. FOREST SERVICEa123.g.akamai.net/7/123/11558/abc123/forestservic... · From the possible 22 drill site locations, up to ten drill sites will be established. A maximum of ten holes

— Decision Memo for Red Top Mineral Exploration Project— Page 1 of 14

DECISION MEMO RED TOP MINERAL EXPLORATION PROJECT

U.S. FOREST SERVICE TONTO NATIONAL FOREST, GLOBE RANGER DISTRICT

PINAL COUNTY, ARIZONA

BACKGROUND Two separate Plans of Operation to conduct exploratory drilling were submitted to Forest Service by Bronco Creek Exploration Company, Inc. on behalf of Desert Star Resources Ltd. in March and May of 2014. Public and Tribal Scoping for these two projects, Copper King Mineral Exploration Project (Copper King Project) and Red Top Mineral Exploration Project (Red Top Project), began in March 2015 with invitation letters to Forest Users and Potentially Affected Tribes to provide comments on each project. This document represents the required Decision Memo for Red Top Project only. A separate decision document was prepared for Copper King, dated December 24, 2015. Red Top project is located approximately four miles north of the Town of Superior, Arizona, in Township 1 South, Range 12 East, Sections 2 and 3; and Township 1 North, Range 12 East, Sections 28 and 33; Gila and Salt River Meridian.

PROJECT DESCRIPTION Activities associated with Red Top project include exploratory core drilling (diamond core method with a core diameter of 2.5 inches) on a maximum of 10 sites from 22 potential sites, as outlined in the Plan of Operations submitted in March of 2014 and modified in September of 2014. Test results from the first several drill sites will inform which of the remaining sites will be drilled. Activities also include construction of a laydown yard to store project drilling materials, road use and maintenance on existing Forest Service roads, core drill hole abandonment, and reclamation work to restore disturbed areas. Helicopter use was not proposed for this project. From the possible 22 drill site locations, up to ten drill sites will be established. A maximum of ten holes will be drilled using a diamond core drill rig up to a maximum depth of 4,000 feet per hole. Sump pits or above ground tanks will be used to contain drilling fluids and rock cuttings during operation. All disturbed topsoil will be segregated and stabilized prior to starting and saved for subsequent reclamation efforts. Planning includes configuring equipment within each drill site to fit within existing natural clearings and avoid vegetation wherever possible. All activities, including all reclamation, will be completed within a maximum one year time period from time of plan authorization. Any drilling activities not completed within 11 months

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— Decision Memo for Red Top Mineral Exploration Project— Page 2 of 14

from plan authorization shall cease in order to allow a maximum of one month to complete necessary reclamation activities. Completion of any work outside that time limit would require a new plan of operations, analysis, and NEPA decision.

Laydown Yard – There will be one laydown yard, less than one tenth of an acre in size, that will be constructed to store drilling materials such as drill rods, drill muds, fuel, water, trailer parts, etc. Established and unreclaimed drill sites may also be used for short term storage of excess equipment. Road Access, maintenance and temporary roads – Road access to 17 of the potential 22 sites will be from existing Forest Service system roads. Maintenance of these roads including minor grading, vegetation clearing and repair of drainage features will be required. Temporary roads are planned for the laydown yard and up to five drill sites that will only be used if those sites are selected for drilling. Reclamation – Concurrent reclamation will be accomplished by abandoning each drill hole according to Arizona Department of Water Resources standards as exploration work is completed. The operator will submit copies of any well drilling, abandonment, or well project completion forms submitted to state regulatory agencies to the District office for documentation. Surface reclamation activities include loosening of compacted soil, scarifying overland routes, and lay down yards, distributing organic matter and stockpiled topsoil, and seeding with Forest Service prescribed noxious weed-free seed mix. Sites will also be contoured to conform to natural surroundings. In order to adequately reclaim sumps, any fluid remaining after abandonment of core hole has been completed will be allowed to evaporate until dry. If natural evaporation is not practicable (due to weather, damage to sump liner, project schedule restrictions, or other unforeseen circumstances), operator will pump all fluid out of the sump into tank(s) for removal and disposal or reclamation off of National Forest System lands and in accordance with state and local regulations. Bonding – A reclamation bond will be posted prior to authorization to proceed with drilling to ensure reclamation funding is available to Forest Service. Bonds are required to cover the estimated reclamation costs for prospecting, mining and other mineral operations on National Forest System lands. A bond is necessary to ensure performance of reclamation and mitigation measures. Forest Service will return bond once reclamation is deemed complete. All reclamation work will be completed within one year of authorization.

PURPOSE AND NEED Bronco Creek Exploration, on behalf of Desert Star Resources proposed, by submitting a Plan of Operations, to conduct activities reasonably incidental to exploring and developing mineral deposits pursuant to US mining laws. Bronco Creek Exploration, claimant, and

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— Decision Memo for Red Top Mineral Exploration Project— Page 3 of 14

Desert Star Resources, operator must conduct mining operations in accordance with requirements of 36 Code of Federal Regulations (CFR) Part 228A, and in accordance with a plan of operations authorized by Forest Service. Forest Service is required to respond to proposed plans of operations on National Forest System lands. Forest Service authorized officer approves plans of operations.

REASONS FOR CATEGORICALLY EXCLUDING PROPOSED ACTIONS Red Top project is categorically excluded from documentation in an environmental assessment or an environmental impact statement as a category of activity that allows

“Short-term (1 year or less) mineral, energy, or geophysical investigations and their incidental support activities that may require cross-country travel by vehicles and equipment, construction of less than 1 mile of low-standard road, or use and minor repair of existing roads.” (36 CFR 220.6 (e) (8)).

Proposed action meets conditions that allow for it to be categorically excluded from documentation. Forest Service Chief established this categorical exclusion for routine actions that normally do not individually or cumulatively have a significant effect on quality of the human environment.

PUBLIC INVOLVEMENT This action was originally listed as a proposal on Tonto National Forest Schedule of Proposed Actions in April, 2015, and updated periodically during analysis. Letters requesting comment were sent to individuals, entities and other governmental agencies on Globe Ranger District’s mailing list, which includes interested citizens, local land owners and Tribes.

Approximately 100 scoping letters were sent out in March 2015 and ten commenters provided comments on proposed action. Concerns were raised regarding safety, wildlife, access, and cumulative effects. Comments resulted in additional mitigation measures to address safety, wildlife, and access concerns. Wildlife comments regarding desert tortoise resulted in additional mitigation measures, such as additional fencing, and refinement of initially proposed mitigation measures.

Comments were received regarding cumulative effects of Red Top project and other mineral projects within Queen Creek Watershed, and are discussed in greater detail below.

FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS Federal Mining Laws: Laws governing activities on National Forest System lands provide public a statutory right to conduct locatable mineral exploration, provided activities are reasonably incidental to mining and comply with other Federal laws and regulations (i.e., 1872 Mining Law as amended, 1897 Organic Act, 1955 Mining Act, and case law). Forest Service is directed to regulate such activities for purpose of minimizing adverse environmental effects and to provide for reclamation of surface resources (36 CFR Part 228A).

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— Decision Memo for Red Top Mineral Exploration Project— Page 4 of 14

Forest Plan Direction: We will follow Forest Plan direction to deal with impacts from this project. This decision is consistent with Tonto National Forest Land Management Plan, 1985, as amended. Project was designed in conformance with Forest-wide management direction pertinent to minerals, which includes “Support environmentally sound energy and minerals development” (page 22, Tonto National Forest Land Management Plan, 1985, as amended). Bronco Creek Exploration’s Red Top project is located in Tonto Forest Plan management area 2F. For this management area, direction for minerals includes processing plans of operation. Additionally, management prescriptions applicable to all forest areas as identified in Tonto National Forest Land Management Plan, 1985, as amended were followed. CUMULATIVE IMPACT ANALYSIS Cumulative impact is impact on the environment which results from incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-Federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 1508.7). Cumulative impacts are evaluated in terms of specific resource affected. The evaluation must consider proximity in time and space to past, present, and reasonably foreseeable future actions to the proposed action. Cumulative Impacts Analysis was conducted on area in Figure 2 and access road from US Highway 60. Red Top project impacts are limited to drill sites and access by existing roads and less than one mile of low-standard road. Other active or reasonably foreseeable future projects that are proximal to Red Top in space and / or time, include Resolution Baseline Hydrological and Geotechnical Data Gathering Activities, Copper King project, Imerys Perlite mine, Tonto National Forest Motorized Travel Management, US Highway 60 realignment, and Omya, Inc. limestone quarry. Red Top project will not add to impacts from the proposed Resolution Baseline Hydrological and Geotechnical Data Gathering Activities project which is approximately three miles southwest of Red Top project. It is possible these projects could occur at the same time, and use approximately three miles of the same access roads. Road quality is such that it could support temporary increased traffic, and terms and conditions outlined in Decision below would mitigate impacts to Forest Road 650 recreational road users. Access to Red Top project is adjacent to Forest Road 650, a road also used for recreational OHV and 4WD traffic. Following the terms and conditions outlined in the Decision below will mitigate impacts of heavy equipment and increased traffic on Forest Road 650 and recreational users. It may occur in the same watershed however Red Top project is located upstream, is higher in elevation and mitigation measures ensure effects are localized and confined to drill sites themselves and therefore no cumulative effect is added to projects downstream of Red Top project. Copper King project was proposed approximately two miles southeast of Red Top project. It is foreseeable that Copper King could occur nearly at the same time, but their closest extents are more than 1.9 miles apart, and more than twice that by road. A Decision has been made on Copper King project; it would use approximately 0.7 mile of the same access road. Road quality

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— Decision Memo for Red Top Mineral Exploration Project— Page 5 of 14

is such that it could support temporary increased traffic, and terms and conditions outlined in Decision below would mitigate impacts to Forest Road 650 recreational road users as well as any access that intersects with US Highway 60 realignment or Imerys Perlite road use and mine activities. Tonto National Forest Motorized Travel Management is reasonably foreseeable however road use activities associated with Red Top project are exempt from the Travel Management Rule per 36 CFR 212.51 (a)8, which allows for motor vehicle use that is specifically authorized under a written authorization issued under Federal law or regulations. Therefore, there is no cumulative effect from Red Top project to Tonto National Forest Motorized Travel Management. Cumulative impacts have been appropriately considered. There is no uncertainty of effects as shown in this decision and with mitigation/conservation measures and best management practices. Results of scoping and environmental review for this project are documented in decision memo and supported by project record.

DECISION I have decided to authorize Bronco Creek Exploration’s Red Top project as proposed, for drilling up to ten sites as described in Plan of Operations and at locations shown in Figures 1 and 2. All activities, including all reclamation, will be completed within a maximum one year time period from time of plan authorization. Any drilling activities not completed within 11 months from plan authorization shall cease in order to allow a maximum of one month to complete any necessary reclamation activities. Completion of any work outside that time limit would require a new plan of operations, analysis, and NEPA decision. The following mitigation measures, based on law, regulation, policy, and best available scientific information will be incorporated as Terms and Conditions of an authorized Plan of Operations, which will reduce or minimize effects to resources:

Access 1. Unless specifically authorized, road widening will not occur. 2. No road closures will be authorized. 3. During drill site occupancy, signs will be placed on access road in each

direction, alerting Forest users of activity. 4. District Ranger will be informed which site or sites will be mobilized at

least two business days prior to mobilization, and two days before estimated demobilization. Detailed reclamation schedules will be provided as they are developed.

5. When mobilizing drill rig to project area and when moving from site to site, spotters will be used in both front and behind vehicle transporting drill rig to ensure safety of Forest users and potential wildlife on roadways.

6. Drill pads shall be flagged at five to ten foot intervals to ensure disturbance does not exceed permitted area. Any deviation from the pads outlined in the Plan of Operations (i.e. expansion into the 50 foot cleared buffer) will be reported to the District Ranger with a plan map of the deviation.

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— Decision Memo for Red Top Mineral Exploration Project— Page 6 of 14

Wildlife and Plants: Best Management Practices

7. Avoid impacts to trees, shrubs, and cacti wherever possible. Contact Forest Minerals Biologist before removal or transplantation of any saguaro cactus, hedgehog cactus, barrel cactus, pincushion cactus, ocotillo, and agave species located within proposed disturbance zones on Tonto National Forest. This is per best available scientific information and experience on reclaiming Sonoran Desert ecosystems.

8. Avoid the following common plants: yerba santa, (Eriodictyon angustifolium) squaw bush (Rhus aromatica), sugar sumac (Rhus ovata) shrubby buckwheat (Eriogonum wrightii), turbinella oak (Quercus turbinella), wherever possible. These species are absent from lower elevation drill sites. Coordinate with Forest Minerals Biologist for sites located along FR650, specifically sites FE-P-21, FE-P-20, FE-P-19, FE-P-18, FE-P-17, FE-P-16, FE-P-14, FE-P-11A and FE-P-11 off of FR980 to assist with avoidance, wherever possible.

9. Avoid all wildlife; do not handle. Check underneath vehicles and equipment before using or moving.

10. All equipment must be cleaned prior to use on National Forest to remove dirt, plant parts, and materials that could carry noxious weed seed, and cleaned off National Forest System lands prior to use on Forest.

11. Open sumps will be fenced to prevent both large and small animals from entering sump pits. Temporary fencing, such as chicken wire, snow fencing, chain link, and other suitable materials will be used in addition, on short-term projects, where encounters with wildlife are possible.

12. A wildlife escape ramp will be incorporated into open sump pit design. 13. Travel at reduced speeds while using forest roads to prevent collisions with wildlife. 14. If this project is modified in a manner that causes an effect to a listed species or

critical habitat, or if a new species is listed or critical habitat designated that may be affected by the project, all work will cease and consultation with US Fish and Wildlife service will be initiated.

Wildlife Specific: Sonoran Desert Tortoise

15. Project incorporates Desert Tortoise Mitigation Measures, Arizona Interagency Desert Tortoise Team, dated June 2008, by design.

16. Conserve intact habitat through restricting use to designated work sites. Mark or flag project boundary prior to initiating ground disturbing activity to limit levels of disturbance beyond.

17. Inform crews of the potential to encounter Sonoran desert tortoises in project area. 18. Check below equipment prior to moving and cover holes that could

potentially entrap a tortoise. 19. Avoid Sonoran desert tortoises and do not handle unless absolutely necessary.

If the need to move out of harm’s way is necessary, follow Guidelines for Handling Sonoran Desert Tortoises Encountered on Development Projects, Arizona Game and Fish Department, Revised October 23, 2007.

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— Decision Memo for Red Top Mineral Exploration Project— Page 7 of 14

Cultural Resources 20. Known National Register of Historic Places eligible sites must be

avoided by any ground-disturbing activity. 21. If previously undiscovered cultural resources (historic or prehistoric objects,

artifacts or sites, are exposed as a result of operations, all work must immediately cease at that location and Globe Ranger District Office [(928)402-6200] notified of discovery. Operations may not proceed at that location until further direction is received from Forest Archaeologist.

Recreation and Wilderness

22. Lights used to illuminate drill sites will be outfitted with shields, directed toward the drill site and pointed directly toward the ground to minimize light scatter.

23. Lights used for night work and safety at Red Top drill sites located along FR650, would be directed or shielded away from Superstition Wilderness area to minimize nightlight effects.

24. Drilling and other equipment on sites located along FR650, specifically sites FE-P-21, FE-P-20, FE-P-19, FE-P-18, FE-P-17, FE-P-16, FE-P-14, FE-P-11A and FE-P-11 off of FR980, will be configured so that motors are oriented away from Superstition Wilderness boundary to minimize noise impacts to the extent practicable.

25. Drilling on sites located along FR650, specifically sites FE-P-21, FE-P-20, FE-P-19, FE-P-18, FE-P-17, FE-P-16, FE-P-14, FE-P-11A and FE-P-11 off of FR980, will be angled away -85° from Wilderness boundary to protect integrity of boundary at depth. At these sites, downhole surveys will be provided to Forest Service to verify avoidance.

26. Drilling at sites located north of FR980 or east of FR650 (FE-P-18, FE-P-11A, FE-P11) may proceed after a cadastral survey has been completed and flagged in the vicinity of those sites to ensure activities do not encroach onto Superstition Wilderness boundary.

27. Drilling information will be provided to Forest Service within one year of completed drilling, for sites along FR650, FE-P-21, FE-P-20, FE-P-19, FE-P-18, FE-P-17, FE-P-16, FE-P-14, FE-P-11A and FE-P-11 off of FR980, for exploration drill holes in vicinity of Superstition Wilderness, of sufficient detail to document that directional drilling remained outside Superstition Wilderness.

28. Efforts will be made to minimize number of days spent drilling adjacent to Superstition Wilderness boundary to reduce impacts from noise, including only using one drill rig at a time for sites closest to Wilderness boundary.

Fire

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— Decision Memo for Red Top Mineral Exploration Project— Page 8 of 14

29. Operator will comply with all applicable Federal and State fire laws and regulations, and will take all reasonable measures to prevent and suppress fires on area of operations. Operator will require all of its employees, contractors, and subcontractors to do the same. Operator will follow 2015-2016 Fire Restriction Response Plan: Copper King and Red Top Projects, submitted September 14, 2015. Operation is subject to more specific fire guidance at direction of the District Ranger depending upon local conditions.

Reclamation

30. Prevent or minimize soil erosion. This includes zero runoff as a result of drilling projects due to best management practices designed to prevent drilling fluids to flow out of sumps. These fluids will be reused when possible and when drilling is complete they will evaporate and any solid waste will be removed.

31. Segregated topsoil will be stockpiled on site, stabilized and must be used in reclamation of drill sites. Drill sites will be recontoured to pre-drilling conditions.

32. Vegetation with a seed mix prescribed by Tonto National Forest is required; it must be tested for noxious weeds and approved by Tonto National Forest before use. Follow procedure for testing seed mixes: http://www.fs.usda.gov/ detail/tonto/landmanagement/resourcemanagement/?cid=fsbdev3_018789.

33. Any drilling activities not completed within 11 months from plan authorization shall cease in order to allow a maximum of one month to complete any necessary reclamation activities. Completion of any work outside that time limit would require a new plan of operations, analysis, and NEPA decision.

Other Compliance

34. Arizona Department of Water Resources (ADWR) well abandonment procedures outlined in Arizona Department of Water Resources Well Abandonment Handbook, September 2008, will be followed to protect groundwater. Operator will list Tonto National Forest as “Landowner” on all Notice of Intent to Drill and Abandon an Exploration / Specialty Well, ADWR Form 55-43B, and provide copies of submitted forms to Globe Ranger District, Tonto National Forest. Operator will also provide Globe Ranger District, Tonto National Forest, with copies of all Project Completion Reports for Mineral Exploration Drilling, ADWR Form 55-57, submitted to Arizona Department of Water Resources.

35. Operator must obtain all applicable Arizona Department of Environmental Quality permits as required for mineral exploration activities. Copies of applicable permits will be provided to Forest Service prior to commencement of activities in order to demonstrate compliance with Clean Water Act regulations.

36. For documentation of operator’s compliance with 36 CFR 228.8(a) through (h), copies of all documents submitted to and received from ADWR,

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— Decision Memo for Red Top Mineral Exploration Project— Page 9 of 14

ADEQ, or other state or Federal agencies certifying or approving compliance with their respective laws and regulations will be promptly submitted to the Globe Ranger District Minerals Administrator.

37. In the event that waste fluids are spilled, affected soil will be removed for appropriate disposal off National Forest System lands, and Forest Service shall be notified. Oil, fuel, pesticides/herbicides and other hazardous material will be properly contained; spills will be cleaned up and properly disposed of as soon as they occur in accordance with applicable State and Federal regulations.

38. Drill sites are to be kept clean at all times. Operator shall comply with applicable federal and state standards for disposal and treatment of solid wastes. All garbage, refuse, or waste shall be removed from National Forest System lands and disposed of in accordance with applicable regulations.

This action is categorically excluded from documentation in an environmental impact statement (EIS) or an environmental assessment (EA). The applicable category of actions is identified in 36 CFR 220.6(e)(8): “Short-term (1 year or less) mineral, energy, or geophysical investigations and their incidental support activities that may require cross-country travel by vehicles and equipment, construction of less than 1 mile of low-standard road, or use and minor repair of existing roads.” This category of action is applicable because it is a short-term mineral investigation and there are no cause-effect relationships between the proposed action and the potential effect on resource conditions that could lead to an extraordinary circumstance (36 CFR 220.6(b)) (FSH 1909.15, Sec 31.2). I have considered the resource conditions listed in the Forest Service NEPA regulations at 36 CFR 220.6(b) as outlined below. I find that there are no extraordinary circumstances that would warrant further analysis and documentation in an EA or EIS. I took into account resource conditions identified in agency procedures that should be considered in determining whether extraordinary circumstances might exist:

1. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species – A Biological Evaluation was completed April 14, 2015, and determined that this project will have no effect on listed Threated or Endangered Species. It was determined that impact to individual tortoises may occur, but is not expected to result in a trend toward Federal listing or to a loss of population viability for Sonoran Desert tortoise. Where there was a potential effect to Sonoran Desert tortoise, we have mitigated it by incorporating Arizona Game and Fish guidelines and wildlife Best Management Practices.

In terms of cumulative effects for wildlife, effects are limited to disturbance areas only during time of use. Red Top project drill sites and access disturbance is minimized through project design and mitigation measures. Impacts from activities associated with Red Top project, related to wildlife, are limited to the sites themselves, are temporary and short-term, and

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— Decision Memo for Red Top Mineral Exploration Project— Page 10 of 14

therefore have no cumulative effects. 2. Flood plains, wetlands, or municipal watersheds – Project will not occur in flood

plains, wetlands, or municipal watersheds and therefore there are no impacts to flood plains, wetlands or municipal watersheds associated with Red Top project. The majority of Red Top project location is within Potts Canyon Subwatershed, a component of Middle Gila Watershed, and a small portion of project area is located in West Fork Pinto Creek Subwatershed, a component of Salt Watershed. Water used for this project will be obtained from a private water supply company within Town of Superior and hauled on site. Quantity of water yielded from Potts Canyon and West Fork Pinto Creek Subwatersheds will not be affected. Effects from Red Top project are limited to drill sites and do not expand into or overlap and will not add to an effect from activities occurring downstream or elsewhere in the watershed, such as Baseline Hydrological and Geotechnical Data Gathering Activity project, Imerys Perlite mine, or current U.S. Highway 60 realignment.

All applicable Clean Water Act Stormwater and non-stormwater permits will be obtained by operator if deemed necessary by permitting agency. Required operational conditions and best management practices associated with those permits will be implemented during project to ensure that surface water quality in Potts Canyon and West Fork Pinto Creek Subwatersheds will not be affected.

Impacts from activities associated with Red Top project, related to water, are limited to sites themselves, are temporary and short-term, and therefore have no cumulative effect. Any potential impact is eliminated by following state required standards and permitting for drilling and abandoning mineral wells, and managing water at surface.

3. Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas – Project will not occur within or affect any wilderness, wilderness study areas, or national recreation areas and therefore there will be no effects to wilderness, wilderness study areas, or national recreation areas.

Superstition Wilderness is adjacent to project area, to the north. Lights used to illuminate drill sites will be outfitted with shields, to direct light toward drill site and minimize light scatter, reducing any potential effects from lighting to wilderness. Drilling will be directed away from Wilderness to avoid intersection of Wilderness boundary. Power packs or engine of drill rig will be directed away from Wilderness boundary to reduce impacts to noise. The fact that nonwilderness activities or uses may be seen or heard from areas within a wilderness does not preclude such activities for uses up to the boundary of a wilderness. Monitoring and mitigation measures have been designed to reduce and eliminate any potential impacts to Wilderness. Impacts from activities associated with Red Top project, related to wilderness, are limited to sites themselves, are temporary and short-term, and therefore have no cumulative effect.

4. Inventoried roadless areas or potential wilderness areas – The nearest IRA is

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— Decision Memo for Red Top Mineral Exploration Project— Page 11 of 14

on another district over 30 air miles away from project. Project will not occur within or affect inventoried roadless areas.

5. Research natural areas – The nearest area is the proposed Picketpost Mountain RNA and it is approximately seven miles to the southwest. Project will not occur within or affect research natural areas.

6. American Indians and Alaska Native religious or cultural sites – Consultation was conducted to identify any American Indian properties or areas that may be affected by this decision. No such properties were identified. Tribal Consultation was initiated by letters dated February 27, 2015, sent to Tribal representatives. Responses received included support for avoidance of known cultural resource sites and disapproval of mining or any mining related activities. This decision complies with National Historic Preservation Act. Formal consultation with San Carlos Apache Tribe occurred in person on November 18, 2015 with an office visit and also included a field visit to the project area on January 20, 2016. Comments from the San Carlos Apache Tribe were also received via letter correspondence dated October 19, 2015, October 30, 2015, and November 25, 2015. Formal response comments were provided to San Carlos Apache Tribe via Letter Correspondence dated December 22, 2015. Comments were addressed in person during the office meeting, site visit, by letter, and through mitigation measures, such as requiring avoidance or transplant of specific plants if present and therefore, there are no cumulative effects.

7. Archaeological sites, or historic properties or areas -A Cultural Resources Report was completed in September, 2014. On September 16, 2014, Forest Archeologist determined no historic properties will be affected by this action by avoiding known sites and Arizona State Historic Preservation Office concurred with this finding on October 27, 2014. Because there are will be no direct or indirect affects to archaeological sites or historic properties, there are no cumulative effects.

ADMINISTRATIVE REVIEW OR OBJECTION OPPORTUNITIES This Decision is not subject to objections pursuant to 36 CFR 218. However, this Decision involves a written instrument to use or occupy National Forest System lands and is subject to appeal under 36 CFR 214.4(b).

IMPLEMENTATION DATE This project may be implemented immediately following Forest Service acceptance of a reclamation bond instrument and subsequent approval of the Plan of Operations.

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