Rock Creek Mine Record of Decision ReleasedJune 27, 2003Libby, Mont. -
Following 16 years of comprehensive and detailed environmental analysis and review, the Kootenai National Forest (KNF) today announced release of the Record of Decision (ROD) for Sterling Mining Company’s Plan of Operation for the Rock Creek Mine Project in western Sanders County, Montana for the second time. A joint ROD was issued by the KNF and the Montana Department of Environmental Quality (DEQ) in December 2001. However, as a result of the withdrawal of the United States Department of the Interior Fish and Wildlife Service’s (FWS) Biological Opinion (BO) on the Rock Creek project, the Kootenai subsequently withdrew their 2001 ROD because the Kootenai no longer had the documentation required by the Endangered Species Act (ESA) to make a decision. However, because DEQ’s decision was and is independent of the FWS’s BO, their 2001 decision remains in effect. On May 9, 2003, the FWS issued a new BO; therefore, allowing the KNF to review applicable information to render a new ROD for the Rock Creek Project. This ROD of June 2003 summarizes the decision, rationale for the decision, and alternatives considered in reaching the decision. Additionally, the ROD documents the KNF’s and DEQ’s requirements that must be met by the project proponent (Sterling Mining Company)
in order for mining permits and approvals to be granted at a future date.
Originally submitted by ASARCO in 1987, the proposal is now advanced by Sterling Mining Company, which purchased the Rock Creek properties in 1999.
Decision on the Plan of Operation:Kootenai NF decision is to approve a Plan of Operations consistent with the FEIS, Alternative V and as modified by this new ROD (Figure 2). The ROD of June 2003 summarizes my decision, rationale for the decision, and alternatives considered in reaching the decision. Additionally, this ROD documents the KNF’s and DEQ’s requirements that must be met by the project proponent (Sterling Mining Company) in order for mining permits and approvals to be granted at a future date. Although the entire plan is approved, Sterling is required to stage its plan of operation, with implementation of the second phase contingent upon the first phase.
Sterling must complete the following items prior to proceeding
with the first phase of activities for the evaluation adit
as outlined in the ROD: Modified and/or updated
the Plan of Operations for the evaluation adit;
Modified and/or updated the reclamation portion
of the Plan of Operations for the evaluation adit
Modified and/or updated the monitoring portion
of the Plan of Operations for the evaluation adit; Implement the reasonable
and prudent measures, terms, conditions and conservation
measures and mitigation relative to the evaluation adit,
as required by the 2003 BO, and the mitigation and modifications as;
Submit the reclamation performance bond for the evaluation adit.
The second phase of the project (facility construction, mine development,
and mine operation) can be implemented when the agencies (KNF and DEQ) review and confirm, in writing, that the following items have been submitted consistent with Alternative V and the ROD and approved:
Modified and/or updated Plan of Operations for the mine;
Modified and/or updated reclamation portion
of the Plan of Operations for the mine;
Modified and/or updated monitoring portion
of the Plan of Operations for the mine;
Submittal of a reclamation performance bond
for mine construction and mine development;
Technical panel (comprised of state and federal agencies and Tribal Governments) review of applicable data, as outlined in the FEIS and ROD, and Sterling’s completion of any studies the agencies (through the review process) deem necessary. This could include review and analysis of applicable evaluation adit data to determine if that information is consistent with the conclusions reached in the FEIS, and project record, in regards to ground water flow and quality, geochemistry, and rock mechanics; and
Implement the reasonable and prudent measures, terms, conditions, conservation measures and mitigation relative to the construction and development phases of the project, as established by the 2003 BO, and the mitigations and modifications as outlined in Alternative V of the FEIS and ROD. Approval measures identified above are consistent with DEQ’s approval of Sterling’s State Exploration License for the Evaluation Adit, the Hard Rock Mine Permit, Air Quality Permit and MPDES permit for Sterling’s
Plan of Operations (DEQ 2001 ROD, pages 34 through 44).
Project Activities and MitigationOnly when all appropriated mitigations are met, will Sterling be authorization to conduct mining operations on 140 acres of National Forest System (NFS) lands. Ground disturbing activities associated with mining operations include road reconstruction/construction, mill, evaluation adit, and tailings facility construction, and if needed, ventilation adit construction. The disturbance will be bonded to insure reclamation. The approved plan of operations will result in the closure of 7.2 miles of road for bear habitat; however, as a result of public input, the Chicago Peak Road will remain open to the public (Figure 1). The KNF is also required to implement a food storage order, for improved protection of grizzly bears, in bear management units (BMUs) 4, 5 and 6, which are located in the southern end of the Cabinet Mountains (see ROD page 28). Additionally, a number of aquatic/fisheries mitigation measures are included in Alternative V that will benefit bull trout (FEIS Appendix B, Bull Trout Biological Assessment
pages 22-23, 2003 ROD pages 32-41).
A complete list of mitigation and monitoring requirements,
incorporated into my decision, are found in Attachment 1 of the ROD.
Several specific components of the decisions are below.
Kootenai NF approves the following, consistent
with Alternative V and as modified by the ROD:
Sterling Mining Company may utilize 140 acres of National Forest Lands for road access, adit access, a mill site, utility corridors, portions of the tailings facility and water treatment facilities. Approval also includes construction of a ventilation adit, if necessary, within the Cabinet Mountains Wilderness.
Closure of 7.22 miles of road for bear habitat and allow the Chicago Peak Road to remain open to the public. For the protection of grizzly bears, implement a food storage order in bear management units 4, 5 and 6 located
in the southern end of the Cabinet Mountains.
For the protection of threatened and endangered species, Sterling must implement additional terms, conditions, and reasonable and prudent alternatives relative to mine construction and operation established by the Biological Assessment and Biological Opinion.
Amend the Kootenai Forest Plan: 217 acres will have their management area (MA) prescription changed to MA 31 (mineral development) and/or MA 23 (electric transmission corridor).
Other key components of the decision: Total amount of surface disturbance expected is about 482 acres, of which 140 acres are
on National Forest System land.
Bonding will fully cover the cost of water treatment
and reclamation of all disturbance. The total bond for
the project is estimated to be about $77 million plus
an additional $4.2 million for grizzly bear protection.
All bonds will be reviewed regularly to ensure the
amount remains sufficient.
As part of the MPDES permit, water treatment of mine water and tailings seepage will continue as long as necessary until each water source meets appropriate water quality standards or limits without treatment. The mine adits will either be sealed once the mine water meets ground water or surface water standards or sealed and allowed to drain. In the latter case, the drainage will be captured, treated, and discharged to the Clark Fork River in perpetuity depending upon what hydrogeologic and hydrologic data indicates is the most appropriate available at the end of mine life. Bonding
will initially cover water treatment in perpetuity.
Public Involvement:About 6,000 individuals; groups;
organizations; tribes; and federal, state and local
agencies provided comments and suggested resolution
on a wide range of issues. Kootenai Forest Supervisor
Bob Castaneda stated, “This essential input has
helped the Forest Service develop the best decision
for this proposal that allows the project to proceed
as required by law, protects the environment,
and yet addresses a majority of the public’s concerns and issues.
The Kootenai NF will continue their
open door policy to the public
and the public will be informed of any
subsequent NEPA analysis.
The Kootenai NF will development a web site that will allow the
public to track the arrival of monitoring reports and design plans,
the status of operations, inspections, and compliance reviews.
The ROD will be available on the following agency
web sites the morning of June 27, 2003:
Kootenai NF web page at: http://www.fs.fed.us/r1/kootenai.
The documents will also be available for review at the following locations: MT DEQ offices in Helena; Kootenai National Forest Supervisor’s Office in Libby, Cabinet Ranger Station in Trout Creek; USFS Regional headquarters in Missoula; Corps of Engineers office in Helena; Montana State Library in Helena; UM Mansfield Library in Missoula, and local libraries in Missoula, Thompson Falls, Libby, Heron, and Noxon in Montana, and Clark Fork, Sandpoint, and Coeur d’Alene libraries in Idaho.
KNF’s decision will be available for review
under their respective administrative review (appeal) processes.
For additional information,
please contact John McKay,
Kootenai National Forest,
(406) 293-6211.