Notice of Intent To Prepare an Environmental Impact Statement; Hycroft Mining Company; Request for Take Permits Under the Bald and Golden Eagle Protection Act, 44436-44437 [2017-20053]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44436-44437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20053]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-MB-2017-N049; FF08M00000-FXMB12310800000-145]


Notice of Intent To Prepare an Environmental Impact Statement; 
Hycroft Mining Company; Request for Take Permits Under the Bald and 
Golden Eagle Protection Act

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent to prepare an environmental impact statement; 
notice of scoping meeting and request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to 
prepare a joint environmental impact statement (EIS) with the Bureau of 
Land Management (BLM). We are a cooperating agency with the BLM on the 
development of this EIS. The BLM will be analyzing potential impacts of 
their decision regarding Hycroft Resource and Development 
Incorporated's (Hycroft/applicant) proposed expansion as described in 
BLM's notice of intent published in December 2014. This EIS will also 
analyze impacts associated with the Service's eagle take permit 
decisions. The Service will evaluate the applicant's Eagle Conservation 
Plan (ECP), which describes their request to remove inactive golden 
eagle nests and their request for incidental take authorization for 
impacts resulting from removing eagle nests, mining operations, and 
expansion of the existing facility. We are considering the applicant's 
request, as allowed under the Bald and Golden Eagle Protection Act 
(Eagle Act), for nest removal for the purpose of resource development 
and recovery operations and incidental take. The BLM has already 
conducted public scoping regarding the proposed expansion of the 
Hycroft mine.

DATES: To ensure consideration, please send your written comments by 
November 21, 2017. Public scoping meetings will be held from 5 p.m. to 
8 p.m. on Tuesday, October 10, 2017, at the Hyatt Place Reno-Tahoe 
Airport, 1790 East Plumb Lane, Reno, NV 89502; and on Wednesday, 
October 11, 2017, at the Winnemucca Convention Center, 50 West 
Winnemucca Blvd., Winnemucca, NV 89445.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods, and note that your information 
request or comment is in reference to the Hycroft Mine Eagle 
Conservation Plan EIS.
     Email: fw8_eaglepermits@fws.gov. Include ``Hycroft Mine 
Eagle Conservation Plan EIS'' in the subject line of the message.
     U.S. Mail: Heather Beeler, Migratory Bird Program, U.S. 
Fish and Wildlife Service, Pacific Southwest Regional Office, 2800 
Cottage Way, W-2605, Sacramento, CA 95825.
     Fax: Heather Beeler, Migratory Bird Program, (916) 414-
6486; Attn: Hycroft Mine Eagle Conservation Plan EIS Scoping.

FOR FURTHER INFORMATION CONTACT: Heather Beeler, Migratory Bird 
Program, at the address shown above or at (916) 414-6651 (telephone). 
If you use a telecommunications device for the deaf, please call the 
Federal Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: We, the Service, intend to prepare a joint 
environmental impact statement (EIS) with the BLM in response to 
Hycroft's permit application to remove inactive golden eagle (Aquila 
chrysaetos) nests and for incidental take under the Eagle Act. Hycroft 
submitted a draft Eagle Conservation Plan (ECP) as part of their permit 
application. The draft ECP is a comprehensive plan that addresses the 
removal of inactive golden eagle nests and also provides measures to 
avoid, minimize, and mitigate for the loss of golden eagle nesting 
territories. The draft EIS will evaluate the impacts of several 
alternatives related to the proposed issuance of permits by the Service 
to allow the removal of inactive golden eagle nests for natural 
resource extraction and authorization of incidental take, including the 
potential loss of up to two golden eagle breeding territories. The 
Hycroft mine is located near the historical town of Sulphur, in 
Pershing and Humboldt Counties, Nevada.
    We provide this notice to (1) describe the proposed action; (2) 
advise other Federal and State agencies, potentially affected tribal 
interests, and the public of our intent to prepare an EIS; (3) announce 
the initiation of a 60-day public scoping period; and (4) obtain 
suggestions and information on the scope of issues and possible 
alternatives to be included in the EIS. We are particularly interested 
in comments regarding the creation of new golden eagle nest sites or 
territories, a potential mitigation option.
    We also announce plans for public scoping meetings and the opening 
of a public comment period. We request data, comments, new information, 
or suggestions from the public, governmental agencies, the scientific 
community, tribes, industry, or any other interested party.
    We publish this notice in accordance with the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347 et 
seq.; NEPA), and its implementing regulations in the Code of Federal 
Regulations at 40 CFR 1500-1508, as well as section 668a of the Eagle 
Act (16 U.S.C. 668a-668d).

Background

    Golden eagles are protected under the Eagle Act, which prohibits 
take of both bald and golden eagles and eagle nests. ``Take'' under the 
Eagle Act includes any actions that pursue, shoot, shoot at, poison, 
wound, kill, capture, trap, collect, destroy, molest, and disturb 
eagles. ``Disturb'' is further defined in 50 CFR 22.3 as ``to agitate 
or bother a bald or golden eagle to a degree that causes, or is likely 
to cause, based on the best scientific information available (1) injury 
to an eagle, (2) a decrease in its productivity, by substantially 
interfering with normal breeding, feeding, or sheltering behavior, or 
(3) nest abandonment, by substantially interfering with normal 
breeding, feeding, or sheltering behavior.''
    The BLM will be the lead agency in development of the EIS, and will 
be evaluating the applicant's request for the proposed expansion of 
their operations at the Hycroft Mine. The current mining operations 
were approved by BLM in a record of decision (ROD) issued in August of 
2012.
    During biological surveys conducted in 2011 and 2012 for BLM's 2012 
EIS, a golden eagle nest and two older nests were discovered on an 
outcrop at the northern end of the Silver Camel feature. Mining of the 
Silver Camel feature and the occurrence of the nests

[[Page 44437]]

were both analyzed in BLM's 2012 EIS. The BLM's 2012 ROD required 
further coordination with the Service regarding potential nest removal.
    In April 2014, Hycroft submitted a plan of operations modification 
for the phase II expansion of the mine to the BLM. The phase II 
expansion includes a proposal to construct a tailings storage facility. 
Three golden eagle nests were identified within the proposed footprint 
of the tailings storage facility.
    In this current joint EIS, BLM will analyze potential impacts of 
Hycroft's proposed expansion as described in BLM's notice published on 
December 30, 2014 (79 FR 78469), and the Service will analyze impacts 
related to our Eagle Act take permit decisions.

Scope for Eagle Permit Analysis

    All eagle permit alternatives considered in the EIS should conform 
to the Eagle Act permit issuance criteria for nest removal for the 
purpose of resource development and recovery operations, as allowed 
under 50 CFR 22.25, and for incidental take as allowed under 50 CFR 
22.26. The draft EIS will identify and analyze direct, indirect, and 
cumulative impacts of the proposed Eagle Act permit requests and 
alternatives associated with several resource areas, including 
biological resources, Native American religious concerns, air quality, 
noise, water resources, cultural resources, socioeconomics, and climate 
change. We will also consider evaluation of additional resource areas 
if issues of concern specific to the proposed action are identified 
during the public scoping process. The purpose of the public scoping 
process for the EIS is to determine relevant issues that will influence 
the scope of the environmental analysis, including potential 
alternatives, and the extent to which those issues and impacts will be 
analyzed in the EIS. We will evaluate a minimum of three alternatives.

Applicant's Proposal

    Hycroft has requested permits under the Eagle Act for nest removal 
associated with resource development and recovery, and incidental take 
for anticipated impacts, including the potential loss of nesting 
territories, associated with mining operations as described in the ECP.
    Hycroft is requesting authorization for removal of three golden 
eagle nests on the Silver Camel feature within the existing mine area 
and up to the three nests within the proposed tailings facility 
footprint. Nest removals would likely affect two different golden eagle 
breeding territories. Specific activities requested and being 
considered include the following:
    1. Removal of golden eagle nests.
    2. Implementation of mitigation measures to offset the loss of 
nesting territories and provide a no net loss to golden eagles in the 
local area breeding population, including, but not limited to:
    a. Creation of new nest sites, possibly on abandoned mine high 
walls;
    b. Offsite nest rehabilitation; and
    c. Retrofitting electric utility power poles to minimize the 
potential for electrocutions.
    3. Monitoring to evaluate project impacts and the effectiveness of 
the mitigation measures. Monitoring efforts would generally include:
    a. Monitoring of golden eagle nests located within the plan area 
and a 10-mile radius surrounding the plan area; and
    b. Monitoring of the offsite nests created or rehabilitated for the 
establishment of golden eagle use and creation of new breeding 
territories.

Public Comments

    We request data, comments, new information, or suggestions from the 
public, other governmental agencies, the scientific community, Tribes, 
industry, or any other interested party on this notice. We are 
particularly interested in comments regarding the creation of new 
golden eagle nest sites or territories, a potential mitigation option. 
We will consider these comments in developing the draft EIS.

Public Availability of Comments

    You may submit your comments and materials by one of the methods 
listed above in ADDRESSES. Before including your address, phone number, 
or other personal identifying information in your comment, you should 
be aware that your entire comment--including your personal identifying 
information--might be made publicly available at any time. While you 
can ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Scoping Meetings

    See DATES for the dates and times of our public meetings. The 
primary purpose of these meetings and public comment period is to 
provide the public with a general understanding of the background of 
the proposed action and to solicit suggestions and information on the 
scope of issues and alternatives we should consider when drafting the 
EIS. Comments will be accepted at the meetings. An interpreter and/or 
court reporter will be present when deemed necessary. Comments can also 
be submitted by methods listed in the ADDRESSES section. Once the draft 
EIS is complete and made available for review, there will be additional 
opportunity for public comment on the content of these documents.
    Persons needing reasonable accommodations in order to attend and 
participate in the public meetings should contact the Pacific Southwest 
Region's Migratory Bird Office using one of the methods listed above in 
ADDRESSES as soon as possible. In order to allow sufficient time to 
process requests, please make contact no later than one week before the 
public meeting. Information regarding this proposed action is available 
in alternative formats upon request.

Authority

    We provide this notice under section 668a of the Eagle Act (16 
U.S.C. 668-668c) and NEPA regulations (40 CFR 1501.7, 40 CFR 1506.6, 
and 40 CFR 1508.22).

Jody Holzworth,
Acting Deputy Regional Director, Pacific Southwest Region, Sacramento, 
California.
[FR Doc. 2017-20053 Filed 9-21-17; 8:45 am]
BILLING CODE 4333-15-P