29 June 2009

 

2009 June 18 - Agenda

 

Rosemont Copper Project
Cooperating Agency

Coordination Meeting

6/18/2009
9:30 AM to 12:00 PM
Federal Building
300 West Congress
Tucson, Arizona

Conference Room 4B


Meeting Called by: Jeanine Derby, Forest Supervisor Facilitator: Teresa Ann Ciapusci, Cooperating Agency Liaison Type of Meeting: Information Sharing

Agenda


09:30 – 09:45  Welcome Reta Laford, Deputy Forest Supervisor 09:45 – 10:45  Project Website John Able, Project Webmaster 10:45 – 11:15  Update Reta Laford, Deputy Forest Supervisor 11:15 – 12:00  Open Discussion Teresa Ann Ciapusci, Cooperating Agency Liaison
Invited Attendees:

Cooperating Tribes
Tohono O’odham Nation

Cooperating Federal Agencies
Air Force, 162d Fighter Airwing
Army Corps of Engineers
USDI Bureau of Land Management

Cooperating State Agencies
Arizona Department of Environmental Quality
Arizona Department of Mines and Mineral Resources
Arizona Department of Water Resources
Arizona Game and Fish Department
Arizona Geological Survey
Arizona State Land Department
Arizona State Mine Inspector
Arizona State Parks

Cooperating Local Governments
City of Tucson
Pima County
Town of Sahuarita


Meeting Notes


Attendees:

Note:
Checked box ( ) indicates agency representative in attendance

Cooperating Tribes
Tohono O’odham Nation

Cooperating Federal Agencies
Air Force, 162d Fighter Airwing
Army Corps of Engineers, Los Angeles District, Regulatory Division
USDA Forest Service, Coronado National Forest
USDI Bureau of Land Management

Cooperating State Agencies
Arizona Department of Environmental Quality
Arizona Department of Mines and Mineral Resources
Arizona Department of Water Resources
Arizona Game and Fish Department
Arizona Geological Survey
Arizona State Land Department
Arizona State Mine Inspector
Arizona State Parks

Cooperating Local Governments
Pima County
City of Tucson
Town of Sahuarita

Project Website

John Able


 

Discussion:

     
 arrow Discussion:  Website developed to serve 3 audiences (interdisciplinary team, cooperating agencies, and public)
 arrow Demonstration of β-test version of www.RosemontEIS.us website navigation, functions, and demonstration content
 arrow Demonstration of β-test version of searchable comments database navigation, functions, and demonstration content
 arrow Discussion of web-based social media considerations and opportunities
 arrow Cooperating agencies requested inclusion of a blog forum that would be for the exclusive use of cooperating agencies
 arrow Cooperating agencies requested the Reclamation Plan be posted to the website with a cross reference to/from the “Technical Reports” sub-tab

 

Action items:

  1. Requested cooperating agencies access and test functionality of website and searchable comments database and report findings (positive and negative), desired changes and modifications, additions, deletions, and any other comments to the webmasters (John Able and Barbara Schneider) via “John Able’s Blog” on the home page of the website
  2. Requested cooperating agencies not share access to the website with other members of their agencies or the public before the Forest Service releases the website to public access in July 2009
  3. Requested cooperating agencies that need additional access accounts for the website notify the Forest Service Cooperating Agency Liaison with the name and e-mail address for each additional account

EIS Status

Teresa Ann Ciapusci

 

Discussion:

     
 arrow Overview of interdisciplinary team progress to date
 arrow Reminder that schedule for milestones remains unchanged

Open Discussion

Teresa Ann Ciapusci


 arrow Suggested topics for future Coordination Meetings:
 
  1. Field trip to view examples of successful reclamation efforts
  2. Alternative routes for utility corridors, particularly electrical transmission routes
  3. Discussion of lessons learned in previous large-scale mining proposals that could improve efficiency
  4. Share permitting and other regulatory roles of cooperating agencies to further mutual understanding of decision space and roles of the various agencies
  5. Training for cooperating agencies on the NEPA process
  6. Discussion of the assumptions used in determining the types of technical studies that underlay the environmental analysis and how those assumptions are documented in the Administrative Record

Alternatives Shared with Cooperating Agencies

 

NOTE: THIS IS A DRAFT DELIBERATIVE DOCUMENT

ALTERNATIVE or
ALTERNATIVE ELEMENT
SOURCE
ISSUE DRIVER(S)
NOTES

Proposed Action

Rosemont Copper Company (Rosemont Copper)

NA

Fully described in the 2007 Mine Plan of Operations and supporting documents

No Action

Council on Environmental Quality Regulations

NA

Baseline for effects

Rosemont Copper’s Alternative Responsive to Public Comments
Includes:

• Modifying stormwater management around the tailings facility and placing additional drains through the waste and tails (instead of the Central Drain); increasing the number and size of stormwater retention ponds; realigning the pit diversion for water management in area of upper pit elevation

• Reconfiguring key plant facilities to better contain contaminants in the event of failure and enhancing facility stability

• Tailing storage staging to consolidate water management system

• Reorienting haul roads (may only be mitigation)

• Changing access road alignment

•Phasing the placement of tailings

• Realigning west service road and utility corridor to maintain recreation access

Modifying toe of the waste rock and tailings facilities to avoid some heritage resource sites

Rosemont Copper
(July 2008)

Air
Heritage
Recreation
Water

 

Tailings facility located in Sycamore Canyon. Tailings would be conveyed via a slurry line and then dewatered at a filtering facility in the canyon. Rock to create the buttress around the tailings would be quarried in the vicinity. Recovered water would be piped back over the ridge. Waste and heap leach facility located in Upper Barrel and Upper McCleary canyons.

Public
Interdiscipli
nary Team
(IDT)

Heritage Recreation
Riparian
Visual

 
Tailings facility in Scholefield Canyon, with waste rock and heap leach facility in McCleary Canyon Public & Cooperators

Heritage Recreation
Riparian 
Visual

 
Tailings and waste rock facilities only in Barrel Canyon, leaving McCleary Canyon open.  

Riparian
Visual

 
One right-of-way for utilities and roads IDT Land Use  
Conveyor belt transport of tails Public & IDT Air?  
Compensatory land designation Cooperators

Recreation
Riparian Vegetation

Wildlife and Habitat
 
Dam in Barrel Canyon Public & IDT   This will eliminate water being released into barrel drainage and provides no operational value. However, Arizona Department of Water Resources has never given the U.S. Forest Service surface water rights; reservoir could harbor invasive species.
Hydrological conveyance of wet ore to west side Public Transportation  
Expand size of tailings filter plant Rosemont Copper   May not be an alternative element
Realign East Access Road to facilitate overlook of project site Rosemont Copper    
Relocate raffinate pond to use gravity flow Rosemont Copper    
Relocate thickeners to minimize potential for differential settling Rosemont Copper Noise  
Sequenced blasting Rosemont Copper   Likely to be mitigation
Submerge fill for fuel tanks Rosemont Copper Air Likely to be mitigation
Place tails and waste in a horseshoe shape around Barrel Drainage Interdisciplinary Team (IDT) IDT In order for there to be sufficient volume, the piles would need to extend to State Route (SR) 83. If all of the high land is eliminated as a water source, the riparian area in Barrel Canyon would become starved and die. The impacts of this alternative would likely be more than the Proposed Action (IDT meeting).
Relocate tails and waste to west side of ridge Public & IDT

IDT
Rosemont Copper

Not financially feasible to haul waste rock over the ridge. Furthermore, Rosemont does not control enough claim area on the western slope of the Santa Rita Mountains to accommodate the volume of both waste rock and tailings.
Create a dome around project IDT IDT
Rosemont Copper
Technologically infeasible. This would require the construction of a structure that would be more than 1 mile in diameter. No such structure has been engineered (IDT Meeting).
Electric/trolley system or rail out of area IDT Rosemont Copper Would require right-of-way access for private and state lands from the Coronado National Forest boundary to near Interstate 10 (I-10). The line would result in impacts above and beyond what is currently proposed (IDT Meeting).
Government/U.S. Forest Service (Forest Service) purchases the mine for U.S. future consumption IDT   Does not meet the Purpose and Need and outside Forest Supervisor authority. This would likely require an act of Congress (IDT Meeting & Rosemont response table dated 4-22-09).
Mining through the ridge IDT

IDT

Rosemont Copper
Would likely result in greater impacts to all issues of concern. Rosemont believes this to be Infeasible because of the additional requirements to blast, haul, and dump substantially more waste rock (Rosemont response table dated 4-22-09).
Remove ridge behind the pit IDT

IDT

Rosemont Copper
Would result in greater waste rock to dispose of and a larger footprint and would be visible from Sahuarita and Green Valley (IDT). Furthermore, Rosemont believes this is not economically feasible because the mineralization does not extend west of the pit (Rosemont response table dated 4-22-09).
Keep all waste rock and tailings out of canyon bottoms IDT IDT Would result in placing waste rock next to SR 83
Move electric underground IDT Rosemont Copper This would result in greater impacts as a result of increased ground disturbance. Furthermore, the line would need to be cooled by oil and would pose a greater potential for environmental damage (Rosemont response table dated 4-22-09).
Relocate SR 83 or portions of it IDT Rosemont Copper Outside the jurisdiction of the Forest Service and Rosemont. Arizona Department of Transportation has scheduled changes not associated with this project (Rosemont response table dated 4-22-09).
Shorten operation IDT Rosemont Copper Not financially feasible. The cost to Rosemont would increase $500+ million for equipment such as shovels, haul trucks, milling equipment, additional infrastructure, etc. This would also result in the need for an increased footprint for the plant facilities (IDT meeting).
Use Central Arizona Project (CAP) water with groundwater backup IDT Rosemont Copper Rosemont does not have water rights associated with CAP and can only purchase excess water allocations. Furthermore, Rosemont has already acquired legal water rights to their well field (Rosemont response table dated 4-22-09).
Use Old Sonoita Hwy IDT IDT Would not alleviate use of the SR 83/I-10 interchange and much of SR 83 from the proposed mine to I-10. Furthermore, the character of Old Sonoita Highway is more of a rural arterial that serves rural homes (IDT Meeting and Rosemont response table dated 4-22-09).
Wet tailings IDT IDT Would increase impacts to all significant issues identified during scoping, especially water resources. Furthermore, wet tailings would require substantially more area for the tailings facility (IDT Meeting).
Alternate mine site or ore bodies/ mine in a different area Public

IDT

Rosemont Copper
Rosemont has a legal right to access the minerals associated with their claims. Therefore, this alternative does not meet the Purpose and Need. Furthermore, the Forest Service is required to consider all proposals for mining that meet the requirements under 36 CFR 228(a) (IDT Meeting & Rosemont response table dated 4-22-09).
Alternative processing technologies Public IDT This alternative is too vague to address in detail. However, Rosemont has proposed to use contemporary mining technologies such as dry stack tailings (Rosemont response table dated 4-22-09).
Alternative uses of public lands Public IDT Rosemont possesses legal mining claims where the project is proposed. Therefore, the Forest Service lacks the authority to deny a legally permittable mine with reasonable mitigation (IDT Meeting and Rosemont response table dated 4-22-09).
Create a lake with CAP water on west side of Santa Rita Mountains for recreation and process water Public Rosemont Copper Excess CAP allocations have already been purchased for ground water recharge, and lakes would not create recharge—they would create a surface area for evaporation (Rosemont response table dated 4-22-09).
Create completely separate road access Public IDT Rosemont is proposing to construct a separate access road from SR 83 (IDT Meeting).
Extend mine project to 40 to 50 years/modified timetable

Public

IDT
Rosemont Copper This would increase the duration of most impacts rather than mitigate them. Furthermore, this is considered financially infeasible because the life span of most mining equipment is approximately 20 years. Therefore, this would result in the need to buy new trucks and processing equipment halfway through the life of the project (IDT Meeting).
In situ mining Public Rosemont Copper This is technically infeasible because it will not work on a sulfide ore body. Furthermore, this technique has never been commercially proven (Rosemont response table dated 4-22-09).
Limited project—limit to fee simple and patented mining claims Public Rosemont Copper The largest contiguous parcel of land consists of a combination of both patented land and Bureau of Land Management land and is located north and west of the pit area. After evaluating storage volume of this area, it would fit, at the most, 852 million cubic yards. This is insufficient for this operation (Rosemont letter dated 5-29-09 with figures in support of statement).
Mechanical conveyance of ore to rail head/rail or trolley transport of ore, spoils, and tailings out of area

Public

IDT
Rosemont Copper Technically infeasible because no existing conveyor technology exists for the size conveyor that would be needed. Furthermore, Rosemont does not control right-of-way or land from the proposed project site to the nearest rail head in southern Tucson. Financially infeasible; may not be possible to get approval for pipeline to connect at current port, cost prohibitive to acquire the right-of-way (IDT Meeting).
Mine in a different location Public   Rosemont has a legal right to access the minerals associated with their claims. Furthermore, the Forest Service is required to consider all proposals for mining that meet the requirements under 36 CFR 228.
On-site high-pressure high-temperature leaching technology Public Rosemont Copper This is technically infeasible because it will not work on a sulfide ore body. Furthermore, this technique has never been commercially proven (Rosemont response table dated 4-22-09).
Reclamation—create a lake out of pit Public   A lake created in the pit during reclamation would not be safe for recreational boaters. Therefore, it would serve no purpose (Rosemont response table dated 4-22-09).
Reclamation with solar farm Public Rosemont Copper Rosemont willing to explore this idea; however, this alternative element does not create a trade-off between impacts to different resources (Rosemont response table dated 4-22-09).
Relocate tails and overburden to other Green Valley mines and Twin Buttes Mine Public Rosemont Copper Impractical because of distance, increased impact to Santa Rita Experimental Range, energy costs, and lack of existing conveyor technology. Furthermore, these mines are controlled by competing mining companies (Rosemont response table dated 4-22-09).
Remove all tails from public land Public Rosemont Copper Not financially feasible because of the volume of tailings (Rosemont response table dated 4-22-09)
Reopen closed copper mines Public Rosemont Copper Rosemont does not own any of these other operations (Rosemont response table dated 4-22-09).
Ship tailings to Canada Public Rosemont Copper This is not financially feasible
Sublevel caving mining/vertical crater retreat Public Rosemont Copper The type of ore body owned by Rosemont is not conducive to this type of mining (Rosemont response table dated 4-22-09).
Suspend mining during high winds, extreme drought, excellent “seeing conditions,” and/or at night/daytime operations only

Public

IDT
Rosemont Copper This is technically infeasible because machines cannot be turned off easily/daily. Processes are continuous-flow processes that are not amenable to being shut down daily. Furthermore, because of large capital costs, it is financially infeasible not to operate the mine 24 hours a day. This is the standard practice for large, open pit mines (Rosemont response table dated 4-22-09).
Switch proposed primary and secondary access roads/loop road circulation system/in from SR 83 out through Santa Rita Road/expand and use secondary access

Public

IDT

IDT

Rosemont Copper
Impacts resulting from the combination of the construction of a road over Gun Site Pass sufficient to support primary access and impacts resulting from additional traffic through the town of Sahuarita would likely create additional impacts on top of what is already proposed. The west access road would have to be completely upgraded to handle loaded traffic in either direction. The overall impact of this would be greater than the proposal (IDT Meeting and Rosemont response table dated 4-22-09).
Tunnel through the Santa Rita Mountains Public Rosemont Copper While some utilities could be located in a tunnel through the upper portion of the Santa Rita Mountains, it would be cost prohibitive to mine the ore body via a tunnel (IDT Meeting & Rosemont response table dated 4-22-09).
Underground mine Public Rosemont Copper Ore grades are not high enough to sustain economic viable underground operation. This would also not significantly reduce the amount of tails or waste (Rosemont response table dated 4-22-09).
Use Box Canyon road Public IDT Construction of a road in Box Canyon, suitable for large trucks, would likely disproportionately increase impacts to popular recreation areas, sensitive riparian areas and animal species, and population centers such as Green Valley (IDT Meeting).
Use CAP water Public Rosemont Copper CAP is not a reliable source. Outside the jurisdiction of the Forest Service to require this of Rosemont. Furthermore, Rosemont has already acquired legal water rights to their well field (IDT Meeting and Rosemont response table dated 4-22-09).
Use Helvetia Mine road Public IDT Impacts resulting from the combination of the construction of a road over Gun Site Pass sufficient to support primary access and impacts resulting from additional traffic through the town of Sahuarita would likely create additional impacts beyond what is already proposed (Cooperators and IDT Meeting).
Use high-pressure/high-temperature leaching Public Rosemont Copper Because of low acid generation (pyrite) of the ore, it is not amenable to the high-pressure concentrate leach method (Rosemont response table dated 4-22-09).
Use ocean water for operations Public Rosemont Copper This would require infrastructure that would make the project financially infeasible (Rosemont response table dated 4-22-09).
Use of solar, wind, natural gas, or geothermal energy Public Rosemont Copper Tucson Electric Power is required to use 15% renewable energy by 2015 (?) and Rosemont has proposed solar in the Mine Plan of Operations (Rosemont response table dated 4-22-09).
Use Rosemont Junction road Public Rosemont Copper  
Use sinking mine shafts to subterranean levels Public Rosemont Copper Not suitable for this type of ore body; the ore is disseminated, rather than in veins or isolated zones (Rosemont response table dated 4-22-09).
Land Exchange Public & IDT

IDT

Rosemont Copper
Does not meet the Purpose and Need and does not decrease impacts. May also be outside Forest Supervisor signing authority (IDT Meeting and Rosemont response table dated 4-22-09)
Rail transport of ore, spoils, and tailings Public & IDT Rosemont Copper Financially infeasible; may not be possible to get approval for pipeline to connect at current port, cost prohibitive to acquire the right-of-way (IDT Meeting).
Use gray water Public & IDT Rosemont Copper Not able to gain legal access to this water; Sahuarita uses theirs, and Green Valley leased all of theirs to private party for foreseeable future (IDT Meeting).
Use waste rock for industrial uses Public & IDT Rosemont Copper Has been tried at Sacaton, and there has not been enough demand to reduce any impacts (IDT Meeting).
Backfill, continuous backfill, or partial backfill Public, Cooperators, IDT, & tribes

IDT

Rosemont Copper
It will take 20 years to excavate the pit, 15 to refill; effects on most resources will increase in duration, result in questionable stability, and increase resource use (fuel); concurrent reclamation would not occur, and effects are likely to be worse than Proposed Action. Furthermore, the configuration of the ore body does not allow for a continuous backfill like a coal bed (IDT Meeting and Rosemont response table dated 4-22-09).
Use Cienega Creek as primary water source Public

IDT

Rosemont Copper
Rosemont does not have water rights associated with Cienega Creek. Rosemont has already acquired legal water rights to their well field. Furthermore, this would likely impact habitat for the endangered southwestern willow flycatcher and Gila topminnow. Other sensitive species could be impacted as well (IDT Meeting).

NOTE: THIS IS A DRAFT DELIBERATIVE DOCUMENT

 

2009 June 18 - Attendance Record

 

Rosemont Copper Project  
Cooperating Agency Meeting
June 18, 2009

 

Agency
Participant(s)
Please Print Legibly
Tohono O’odham Nation  
Air Force, 162d Fighter Airwing  
Army Corps of Engineers  
USDI BLM Linda Hughes
AZ Dept of Mines and Mineral Resources Madan M. Singh
AZ Dept of Environmental Quality Dennis Turner
AZ Game and Fish Dept John Windes
AZ Geological Survey Jon Spencer
AZ State Land Dept David Jacobs
AZ Dept of Water Resources Laura Grignano
AZ State Mine Inspector  
AZ State Parks Robert Casavant
AZ Dept of Transportation  
Pima County Nicole Fyffe
Julia Fonseca
Town of Sahuarita Orlanthia Henderson
Joe Marques
City of Tucson Nicole Urban-Lopez

 

2009 June 18 - Cooperating Agency Status

 

ROSEMONT COPPER PROJECT EIS
COOPERATING AGENCY STATUS (6/18/09)

 

INITIAL INVITATIONS
(Summary:  12 invitations, 1 decline, 5 in review, 6 formal agreements)

Tribal Governments

Invitation
Date
MOU Status
Tohono O’dham Nation (including Tribal Liaison Coordination)
07/10/08
In Review
Federal Agencies
Invitation
Date
Response
Dept. of the Air Force, 162d Fighter Airwing
07/10/08
MOU  3/27/09
Dept. of Army, Corps of Engineers, Los Angeles District
07/10/08
Letter  8/21/081
Environmental Protection Agency
07/10/08
Declined 10/14/08
USDI Bureau of Land Management, Tucson Field Office
07/10/08
In Review
Arizona State Agencies
Invitation
Date
Response
Arizona Dept. of Environmental Quality
07/18/08
MOU  5/19/09
Arizona Dept. of Mines and Mineral Resources
07/18/08
MOU  4/14/09
Arizona Dept. of Transportation
07/18/08
In Review
Arizona Game and Fish Department
07/18/08
In Review
Arizona State Land Dept.
07/18/08
MOU  5/28/09
Local  Governments
Invitation
Date
Response
Pima County
07/18/08
MOU  6/9/09
Town of Sahuarita
10/09/08
In Review

1Corps of Engineer policy prohibits signing MOUs.  They sent a letter of cooperation parameters.

INITIAL INQUIRIES
(Summary:  20 inquiries, 13 declines, 2 unknown, 4 in review, 1 formal agreement)

Federal Agencies
Inquiry
Date
MOU Status
Dept. of Transportation, Federal Highway Administration, Arizona Division
07/22/08
Declined  8/26/08
Dept. of Energy, Western Area Power Administration
07/18/08
Declined  7/31/08
USDI Bureau of Reclamation
07/10/08
Declined  9/12/08
USDI U.S. Geological Survey
07/18/08
Declined  8/14/08
Dept. of Labor, Mine Safety and Health Administration
07/18/08
Declined  8/06/08
USDI Bureau of Indian Affairs, Office of the Special Trustee for American Indians
07/15/08
Declined  9/04/082
Department of Transportation, Federal Railroad Administration
07/16/08
Unknown
USDI Fish and Wildlife Service
07/18/08
Unknown
Office of Surface Mining Reclamation
07/14/08
Declined  5/11/09
Arizona State Agencies
Inquiry
Date
Response
Arizona Dept. of Administration, Risk Management
07/18/08
Declined  5/18/09
Arizona Dept. of Public Safety
07/18/08
Declined  8/15/08
Arizona Dept. of Water Resources
07/18/08
In Review
Arizona Geological Survey
07/18/08
MOU 4/20/09
Arizona State Historic Preservation Office
07/22/08
Declined  7/31/08
Arizona State Mine Inspector
07/18/08
In Review
Arizona State Parks
07/18/08
In Review
Arizona Water Banking Authority
07/22/08
Declined  5/11/09
Local  Governments
Inquiry
Date
Response
City of Tucson
07/21/08
In Review
Cochise County
07/21/08
Declined  6/08/09
Santa Cruz County
07/18/08
Declined  8/29/08

2Office of the Special Trustee for American Indians declined, but forwarded inquiry on to Bureau of Indian Affairs.

2009 June 18 - Rights of Mining Claimants

 

 

Rights of Mining Claimants
Coronado National Forest
June 2009

The General Mining Act of 1872 confers a statutory right to enter upon public lands open to location in pursuit of locatable mineral, and under valid existing mining claims to conduct mining activities, in compliance with federal and state statutes and regulations.  The Multiple-Use Mining Act of 1955 confirms the ability to conduct mining activities on public lands, locate necessary facilities, and conduct reasonable and incidental uses to mining on public lands, including National Forest System lands.  Forest Service mining regulations at 36 C.F.R. Part 228 subpart A, correspondingly recognizes the rights of mining claimants.

The National Environmental Policy Act of 1969 (NEPA) requires Federal agencies to prepare an environmental impact statement prior to undertaking a major Federal action significantly affecting the quality of the human environment.  NEPA also requires Federal agencies to study, develop, and describe appropriate alternatives to any proposal which involves unresolved conflicts concerning alternate uses of available resources.

A proposed mine plan of operations is a starting point in the environmental impact statement process and is one of the alternatives considered.  Forest Service mining regulations and policies establish a process to approve a plan of operations for mining activities on National Forest System lands and to ensure such plans minimize adverse environmental impact.  Feasible alternatives which allow the claimant to reasonably exercise their statutory rights and vested property rights in minerals, while seeking to minimize adverse environmental impacts on National Forest surface resources, are also included in the statement.

The regulations implementing NEPA also require that a no-action alternative be included in an environmental impact statement.  Forest Service Handbook 1909.15 Chapter 14.2 clarifies that the no-action alternative provides a baseline for estimating the effects of other alternatives.  The no-action alternative presents that no action or activity would take place from the planning effort, thus the mine plan of operations would not be approved.

Although the Forest Service may reasonably regulate mining activities to protect surface resources, there are statutory and constitutional limits to its discretion when reviewing and approving a mining plan of operations.  The Forest Service cannot categorically prohibit mining activity or deny reasonable mineral operations under the mining laws.  Selection of a no-action alternative is outside the discretion of the Responsible Official.

In practice, the Forest Service works with the mining applicant to develop an acceptable legally-compliant plan of operations as an alternative to be considered in during the NEPA process, thereby precluding selection of the no-action alternative.