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Mi-Wok Abandoned Mines (49813) Decision Memo

Stanislaus National Forest Mi-Wok Ranger District Tuolumne County, CA

This Decision Memo provides documentation, pursuant to the National Environmental Policy Act (NEPA), related to the closure of several abandoned mines (adits and shafts) in the Italian Bar, Grant Ridge, Star Ridge and Yankee Hill areas of the Mi-Wok Ranger District. The project area includes seven sites (Table 1 and Figures 1-5) accessed by: National Forest System Roads 3N11, 3N11A, 3N12, 3N47 and 31521A; National Forest System Trail 16E08; and, Yankee Hill Road (Sec 4-5 T2N R15E; Sec 13, 21, 23, 27-29 T3N R15E; MDBM).

Purpose and Need The Mi-Wok Abandoned Mines project involves a number of abandoned mine sites within the historic gold mining area. Mining of lode deposits for gold in this area began about 1860 and lasted until about 1900. A number of patented parcels dating from this period are present within this part of the Forest. Some small scale mining continued from the 1920s to present on the patented land as well as claims on National Forest System (NFS) lands. This project includes a number of abandoned mines that are no longer under claim on NFS lands.

All of the adits and shafts are located adjacent to or near major Forest Roads, where there is significant public travel and recreational use in the area. Private landowners travel back and forth on a daily basis. The visiting public participates in numerous recreational activities (recreational gold panning, fishing, dispersed camping, off highway vehicle use) in the area. The ongoing recreational use and access take place year round as the area is low elevation, subject to rainfall during the winter months rather than to snow accumulation. Within close proximity to the mine closures, the Italian Bar dumpsite contains about 10-15 cubic yards of debris including household garbage, furniture, vehicle parts and tires, shell casings and other potentially hazardous material. Consequently, the identified abandoned mine site features as well as the dumpsite may pose a significant health and safety concern to the recreating public.

As a result, the overall purpose of the project is to protect the health and welfare of Forest visitors and to protect the habitat of a number of bat species.

Proposed Action The Proposed Action would implement the actions, described in Table 1, at 3 shafts and 11 adits located within 6 historic mine sites and one dumpsite.

Table1 Proposed Action

# Name Type Proposed Action 1 Sonata Single adit install bat friendly culvert 2 Star Ridge Single shaft remove debris; backfill shaft 3 Yankee Hill Four adits install two bat friendly gates and two bat friendly culverts 4 Midnight Extension One shaft remove headboard; backfill shaft 5 Lucky Strike Three adits install polyurethane foam closure, one bat friendly gate and one bat friendly culvert 6 Italian Bar Dumpsite remove debris; construct water bar at road entrance 7 Grant Mine Three adits; one shaft install bat friendly culverts (adits) and fence (shaft)

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Decision My decision is to implement the Proposed Action as described above (Table 1). This action falls within categories of actions that are excluded from documentation in an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) and no extraordinary circumstances1 would preclude use of the category: Timber stand and/or wildlife habitat improvement activities that do not include the use of herbicides or do not require more than 1 mile of low standard road construction [36 CFR 220.6(e)(6)].

Appendix A contains a “Review of Extraordinary Circumstances” supporting my determination that no extraordinary circumstances exist. Resource specialists input covering botany, heritage, hydrology, and terrestrial and aquatic wildlife are included in the project file. I considered their recommendations in making this decision.

My decision includes the following management requirements reducing the likelihood of introducing new infestations of noxious weeds into the project area (Weed Risk Assessment):

1. All equipment including the backhoe, must be free of soil, mud (wet or dried), seeds, vegetative matter or other debris that could contain seeds, in order to prevent new infestations of noxious weeds in the project area. Dust or very light dirt which would not contain weed seed is not a concern.

2. Keep the backhoe and dump truck out of any star thistle found at the Italian Bar dump cleanup site.

3. Work at Lucky Strike last or clean clothing and equipment before moving from there to another site.

Reasons for the Decision In summary, I made this decision for the following reasons:

To provide for safe public use of the Italian Bar, Grant Ridge, Star Ridge and Yankee Hill areas;

To provide for safe employee and contractor operations within the project area; and,

To provide protection and improvement of habitat for several bat species.

Public Involvement The Forest Service first listed the Mi-Wok Abandoned Mines project online [http://data.ecosystem-management.org/nepaweb/current-sopa.php?forest=110516] in the Stanislaus National Forest Schedule of Proposed Actions (SOPA) on August 1, 2016. The Forest distributes the SOPA to about 160 parties and it is available on the internet [http://www.fs.fed.us/sopa/forest-level.php?110516]. The scoping information was also posted on the project website: [http://www.fs.usda.gov/project/?project=49813].

Findings Required by Other Laws This action is consistent with the Forest Plan; the National Historic Preservation Act; and all other applicable laws and regulations (see Appendix A).

Implementation Date The procedures for legal notice and opportunity to comment do not apply to this project; therefore, implementation of the decision may begin immediately.

1 The mere presence of one or more of these resource conditions does not preclude use of a categorical exclusion (CE). It is the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions and if such a relationship exists, the degree of the potential effect of a proposed action on these resource conditions that determine whether extraordinary circumstances exist. (36 CFR 220.6(b))

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Administrative Review or Appeal Opportunities This decision is not subject to administrative review.2

Contact Person For additional information about this project, contact Karen Uhri at the Stanislaus National Forest Headquarters; 19777 Greenley Road; Sonora, CA 95370; or, call (209) 288-6306.

Signature and Date August 24, 2016 FRED WONG District Ranger Mi-Wok Ranger District Stanislaus National Forest

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2 The Consolidated Appropriations Act of 2014 (P.L. 113-76; January 17, 2014) directs that the 1992 and 2012 legislation establishing the 36 CFR 215 (post-decisional appeals) and 36 CFR 218 (pre-decisional objections) processes shall not apply to any project or activity implementing a land and resource management plan that is categorically excluded under NEPA. The Agricultural Act of 2014 (P.L. 113-79; February 7, 2014) repealed the Appeals Reform Act (P.L. 102-381) and directs that the pre-decisional objection process established in the Consolidated Appropriation Act of 2012 shall not apply to categorically excluded projects or activities.

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Figure 1 Location Map: (1) Sonata Mine (SE¼ NW¼ Sec 29 T3N R15E) and (6) Italian Bar Dumpsite (NE¼ SE¼

Sec 21 T3N R15E)

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Figure 2 Location Map: (2) Star Ridge (SW¼ Sec 13 T3N R15E)

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Figure 3 Location Map: (3) Yankee Hill (NE¼ Sec 5, NW¼ Sec 4 T2N R15E)

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Figure 4 Location Map: (4) Midnight Extension (SE¼ NE¼ Sec 28 T3N R15E) and (7) Grant Mine (SW¼ NE¼ Sec

27 T3N R15E)

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Figure 5 Location Map: (5) Lucky Strike (SE¼ Sec 23, NE¼ Sec 26 T3N R15E)

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APPENDIX A Review of Extraordinary Circumstances

In accordance with FSH 1909.15 Section 30.3(2), the Responsible Official considered the following resource conditions in determining whether extraordinary circumstances related to the proposed action would warrant further analysis and documentation in an Environmental Assessment (EA) or an Environmental Impact Statement (EIS).

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. The proposed action may affect individuals, but is not likely to result in a trend toward Federal listing or loss of viability for the pallid bat, Townsend’s big-eared bat, or the fringed myotis. Because there will be no change to habitat for the black-backed woodpecker, yellow warbler, mountain quail, sooty grouse, mule deer, fox sparrow, California spotted owl, Pacific marten, northern flying squirrel or the hairy woodpecker from implementation, no further documentation is required. Because this action is limited in scope and duration, there will be no alteration of habitat for migratory species and minimal noise disturbance for individuals in the area during implementation; therefore, negligible impacts are expected from this project to migratory avian species. (Wildlife BE)

This project will not affect any Threatened, Endangered, or Sensitive plant species (Sensitive Plants BE).

2. Floodplains, wetlands or municipal watersheds. Floodplains: Executive Order 11988 defines floodplains as, “. . . the lowland and relatively flat areas adjoining inland and coastal waters including flood prone areas of offshore islands, including at a minimum, that area subject to a one percent [100-year recurrence] or greater chance of flooding in any one year.”

- Floodplains, as defined in Executive Order 11988 of 1977, do not apply to this project area. But, for these mountain streams, the floodplain includes the immediate channel and its flood prone areas and/or adjacent terrace. Mine project sites are well away of stream channels, mostly on ridge tops along or near to existing Forest Service roads. Therefore, it is anticipated that non-obligate vegetation removal will not occur and that there won't be any in-stream work that could have an adverse impact on floodplains. (Fernando Perez, Hydrologist, Mi Wok Ranger District; response to Project Input, July 14, 2016).

Wetlands: Executive Order 11990 defines wetlands as, “. . . areas inundated by surface or ground water with a frequency sufficient to support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds.”

- There are no wetlands within or adjacent to the project sites. The closest wetland is a meadow located approximately 525 feet from the Sonata Mine on private land. The proposed hand work for the Sonata Mine is expected to have minimal to none ground disturbance. Therefore, the proposed action is not expected to have an adverse impact on the wetlands. (Fernando Perez, Hydrologist, Mi Wok Ranger District; response to Project Input, July 14, 2016).

Municipal Watersheds: FSM 2542.05 defines municipal watersheds as: “A watershed that serves a public water system as defined in the Safe Drinking Water Act of 1974, as amended (42 U.S.C. §§ 300f, et seq.); or as defined in state safe drinking water statutes or regulations.”

- The majority of the mine sites (4 out of 7) are within the Lower South Fork Stanislaus River, which is considered a municipal watershed. In addition, the Central Valley Regional Water

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Quality Control Board lists municipal supply as a beneficial use for the Stanislaus River including all tributaries. Due to the limited nature of this project, the potential effects of the project on municipal water supplies are negligible. (Fernando Perez, Hydrologist, Mi Wok Ranger District; response to Project Input, July 14, 2016).

3. Congressionally designated areas such as wilderness, wild and scenic rivers, or national recreation areas. No congressionally designated Wilderness, Wild and Scenic Rivers, or National Recreation Areas exist within the project area.

4. Inventoried Roadless Areas. No Inventoried Roadless Areas exist within the project area.

5. Research Natural Areas. No existing or proposed Research Natural Areas (RNAs) exist within or adjacent to the project area.

6. American Indians and Alaska Native religious or cultural sites. A clearance letter (project record) documents the NO EFFECT RECOMMENDATION made for the proposed undertaking in accordance with the provisions set forth in the “Programmatic Agreement among the U.S.D.A. Forest Service, Pacific Southwest Region, (Region 5), California State Historic Preservation Officer, Nevada State Historic Preservation Officer, and The Advisory Council on Historic Preservation Regarding The Processes For Compliance With Section 106 Of The National Historic Preservation Act For Management Of Historic Properties By The National Forests Of The Pacific Southwest Region (Regional PA), signed February, 2013.”

7. Archaeological sites, or historic properties or areas. See item 6 (American Indians and Alaska Native religious or cultural sites) above.