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Opportunity to Object to the Hermosa Critical Minerals Project

The Coronado National Forest (CNF) has prepared a Final Environmental Impact Statement (EIS) and Draft Record of Decision (ROD) for the Hermosa Critical Minerals Project. The Draft ROD selects the following combination of components from Alternative 2 – Proposed Action and Alternative 3 – Modified Proposed Action:

• Access Route: This component consists of proposed construction of the Primary Access Road for most mine traffic, as described under Alternative 2 – Proposed Action. The Selected Alternative includes the proposed Primary Access Road instead of continued use of National Forest System Road (NFSR) 49 (South Harshaw Road), NFSR 58 (North Harshaw Road), and the Cross Creek Connector.
• Tailings Storage Facility: This component consists of proposed construction of tailings storage facility 2 (TSF2) and underdrain collection pond 2 (UDCP2), with associated roads, drainage controls, and fencing. The proposed TSF2 and UDCP2 are described under Alternative 2 – Proposed Action. The Selected Alternative includes the proposed TSF2 and UDCP2 instead of the Alternative 3 TSF and UDCP and their associated roads, drainage controls, and fencing.
• Power Source: This component consists of proposed construction of a 138- kilovolt (kV) overhead transmission line segment on National Forest System (NFS) land, as described under Alternative 3 – Modified Proposed Action. The Selected Alternative includes the proposed 138-kV overhead transmission line segment on NFS land instead of the primary power source supplied through use of natural gas generators and compressed natural gas delivered on site by heavy trucks for the life of the mine.
• Water Discharge Method: This component consists of proposed discharge of treated water from water treatment plant 2 (WTP2), including water from mine dewatering beneath NFS land, directly into Goldbaum Canyon and Mowry Wash South through discharge control structures on NFS land, in addition to the current discharge on private land into Harshaw Creek, as described under Alternative 3 – Modified Proposed Action. The Selected Alternative includes direct discharge of treated water instead of construction of two rapid infiltration basins on NFS land receiving a portion of the WTP2 discharge.
• Other Selected Components: The Selected Alternative includes components common to Alternative 2 – Proposed Action and Alternative 3 – Modified Proposed Action, including aspects of underground mining; underground dewatering; the groundwater management program; the mineral exploration program; construction of short- and long-term temporary access roads (ST-TARs and LT-TARs) for access to site facilities on NFS land; upgrade of existing NFSRs; installation of monitoring wells; and installation of fencing, as described under both Alternative 2 – Proposed Action and Alternative 3 – Modified Proposed Action.
• Additional Mitigation Measures and Management Plans: Additional mitigation measures, management plans, and project design modifications intended to reduce surface disturbance and reduce adverse effects to natural and cultural resources have been incorporated into the Selected Alternative. These additional mitigation measures and management plans are described in Appendix A, Mitigation and Monitoring, of the Final EIS.
• Monitoring and Mitigation Plan for Groundwater-dependent Ecosystems and Water Wells: A draft Monitoring and Mitigation Plan for Groundwater-dependent Ecosystems and Water Wells was released in tandem with the Draft EIS. This plan has been refined to incorporate mitigative strategies, including nature-based solutions, within drainages that are proposed to receive direct discharge of pumped and treated groundwater. Other aspects of the refined Monitoring and Mitigation Plan for Groundwater-dependent Ecosystems and Water Wells include mitigative strategies for seeps and springs that are connected or potentially connected to regional groundwater, mitigative strategies for potentially affected groundwater wells, and reporting requirements. An authorization would be required for implementation of this plan on certain parcels having acquired land status within Goldbaum Canyon. This plan is included as Appendix M of the Final EIS.

The project was reviewed for consistency with the Coronado National Forest Land and Resource Management Plan (Forest Plan). The consistency evaluation (included as Appendix B of the Final EIS) demonstrated the need for 31 exceptions to the Forest Plan for components from Alternative 2 – Proposed Action and Alternative 3 – Modified Proposed Action that are incorporated into the Forest Service’s Selected Alternative. The project-specific amendment to the Forest Plan would except the activities approved as part of the Selected Alternative, including the TSF2, 138-kV transmission line, and the Primary Access Road, from specific Forest Plan desired conditions, standards, and guidelines, as identified in Appendix B of the Final EIS. The Responsible Official is Kerwin S. Dewberry, Forest Supervisor for the CNF. The proposed project is subject to the pre-decisional objection process at 36 Code of Federal Regulations (CFR) 218 Subparts A and B.

The proposed project details, Final EIS, Draft ROD, and supporting documentation are available online at: https://www.fs.usda.gov/r03/coronado/projects/65668. Additional information can be obtained from Dan O’Toole, Project Manager, at daniel.o’toole@usda.gov.

How to File an Objection and Timeframe

Objections will only be accepted from those who have previously submitted specific written comments regarding the proposed project during scoping or other designated opportunity for public comment, in accordance with 36 CFR 218.5(a). Issues raised in objections must be based on previously submitted timely, specific written comments regarding the proposed project unless based on new information arising after the designated comment opportunities.

Objections, including attachments, must be addressed to the Reviewing Officer, Southwestern Regional Forester, filed via the project website, email, mail, express delivery, or messenger service to 333 Broadway Blvd. SE, Albuquerque, NM 87102. Objections delivered by mail must be postmarked by the closing day of the objection filing period and received before close of the fifth business day following the end of the objection period. Electronically filed objections may be submitted by email in word (.doc), portable document format (.pdf), rich text format (.rtf), text (.txt), and hypertext markup language (.html).

Electronic comments are preferred and can be submitted on the project website at https://www.fs.usda.gov/r03/coronado/projects/65668 (under the heading “Get Connected,” select Comment/Object on Project). If the comment function is unavailable for any reason, electronic comments may also be submitted by email to objections-southwestern-regional-office@usda.gov. If submitting comments by email, please put “CNF Hermosa Critical Minerals Project” in the subject line.

Objections to the Final EIS, project-specific Forest Plan amendment, and the Draft ROD for the proposed project must be submitted within 45 calendar days following the publication of the legal notice in the Daily Territorial, the newspaper of record. The publication date in the newspaper of record is the exclusive means for calculating the time to file an objection. A copy of the legal notice will be posted on the project website (link provided above) once published.

Those wishing to object should not rely upon dates or timeframe information provided by any other source. The regulations prohibit extending the time to file an objection.

At a minimum, an objection must include the following (36 CFR 218.8(d)):

1. The objector’s name and address, with a telephone number, if available;
2. A signature or other verification of authorship upon request (a scanned signature for email may be filed with the objection);
3. When multiple names are listed on an objection, identification of the lead objector (verification of the identity of the lead objector shall be provided upon request);
4. The name of the proposed project, the name and title of the Responsible Official, and the name of the National Forest on which the proposed project will be implemented;
5. A description of those aspects of the proposed project addressed by the objection, including specific issues related to the proposed project if applicable, how the objector believes the environmental analysis or draft decision specifically violates law, regulation, or policy; suggested remedies that would resolve the objection; supporting reasons for the Reviewing Officer to consider; and
6. A statement that demonstrates connection between prior specific written comments on the particular proposed project or activity and the content of the objection.

Incorporation of documents by reference is permitted only as provided in 36 CFR 218.8(b). It is the objector’s responsibility to ensure timely filing of a written objection with the Reviewing Officer pursuant to 36 CFR 218.9. All objections are available for public inspection during and after the objection process.

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