DECISION RECORD FOR Golden Sunlight Mine APEX Project Plan of Operations Modification MTM 82855 MT-NEPA Assessment #DOI-BLM-MT-B070-2017-0031-EA

Decision Based upon a review of the environmental assessment and the supporting documents, I have decided to approve the Agency Modified Alternative for a modification to the Golden Sunlight Mine’s approved Plan of Operations to authorize underground mining at the APEX Project.

Under the Agency Modified Alternative, the Golden Sunlight Mine would extend the mining operations to include the APEX underground mine.

The main portals pad for the underground mining would occur mostly on previously disturbed lands, including 1.0 acre of new disturbance. The adjacent ore stockpile pad would include 1.5 acres of existing disturbance. The Agency Modified Waste Rock Dump location would involve 0.7 acres of existing disturbance and 2.1 acres of new disturbance. The total facility disturbance would be 10.3 acres, of which 4.6 acres represents new disturbance. Growth media would be salvaged, hauled, and placed as required (EA page 19).

Authorities This decision is issued under the authorities at 43 CFR 3809 for surface management of operations conducted under the Mining Law on public land administered by the Bureau of Land Management. Rationale for Decision I selected the Agency Modified Alternative because it incorporates mitigating measures to reduce impacts to the environment by limiting the acreage of disturbance associated with the proposal and shortening the haul distance from the Apex portal by 2,223 feet (EA Pages 17-20). The selected alternative is in conformance with Energy and Minerals and Social and Economic Goals portions of the Butte Resource Management Plan and Final Environmental Impact Statement (RMP), April 2009 (EM1,EM2) and would prevent unnecessary or undue degradation.

Two Comments received from the public were related to impacts to a private water well east of the mine and dust blowing off the tailings impoundment. The impacts to the private water well had been previously addressed through a report prepared by DEQ and are not related to the mine. The mine must comply with the particulate matter and reasonable precaution requirements identified in Montana Air Quality Permit #1689-08 and Title V Operating Permit #OP1689-00 (EA page 61).

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Alternatives Considered Alternatives considered in detail included: No action, Golden Sunlight Mine’s proposal and the Agency Modified Alternative. Under the No Action Alternative, DEQ and BLM would not approve the proposed amendment to the operating permit or the plan of operations and Golden Sunlight Mine would not extend underground mining operations. The mine would continue to operate until permitted ore reserves run out in approximately 2019. Under the Proposed Action, Golden Sunlight Mine would extend the mine boundary to the north for development of the APEX Underground Mine. The proposed APEX Underground Mine would be located approximately 3,700 feet north of the existing Mineral Hill Pit with the main access portals approximately 1,660 feet north of the pit edge. The Proposed Action involves approximately 10.3 acres disturbance, 4.6 acres of which is new disturbance. DEQ and BLM developed an Agency-Modified Alternative to identify an alternative waste rock disposal area to address issues and provide potential benefits from:

 Consolidation of waste placement near the Main Portals pad to facilitate reclamation. The APEX Portal Waste Rock Dump Area (APWRDA) would be a shorter haul distance from the APEX portal by 2,223 feet than the AWRDA.

 Reduce the size of the waste rock dump. The APWRDA would be 2.8 acres and thus would reduce the soil needed for reclamation. This alternative involves approximately 2.1 acres of new disturbance associated with the waste rock dump. Alternatives considered but dismissed included: Use of existing waste rock disposal areas and relocation of the portal tunnels. These were dismissed because they provided no environmental benefits and were economically prohibitive. Terms and Conditions/Stipulations The selected alternative, the Agency Modified Alternative, may only be implemented as specified in the EA on pages 17-20 which includes the relocation of the waste rock disposal area to an area adjacent to the portals. In addition, the terms and conditions of the existing Golden Sunlight Plan of Operations remain in effect and will continue to be required.

Compliance and Monitoring Compliance and monitoring of GSM’s operations will continue to carried out by both DEQ and BLM in accordance with the existing Memorandum of Understanding between the agencies on surface management responsibilities for activities conducted under their respective laws and regulations. Appeal of the Decision If you do not agree and are adversely affected by this decision, you may request that the Montana BLM State Director review this decision. If you request a State Director Review, the request must be received in the Montana BLM State Office at 5001 Southgate Drive, Billings, MT 59107, no later than 30 calendar days after you receive or have been notified of this decision. The request for State Director Review must be filed in accordance with the provisions in 43 CFR 3809.805. This decision will remain in effect while the State Director Review is pending, unless the State Director grants a Stay. If you request a Stay, you have the burden of proof to demonstrate that a Stay should be granted.

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If the State Director does not make a decision on your request for review of this decision within 21 days of receipt of the request, you should consider the request declined and you may appeal this decision to the Interior Board of Land Appeals (IBLA). You may contact the BLM State Office to determine when the BLM State Office received the request for State Director Review. You have 30 days from the end of the 21-day period in which to file your IBLA Notice of Appeal with this office at 106 North Parkmont, Butte, MT 59701 which we will forward to IBLA.

If you wish to bypass a State Director Review, this decision may be appealed directly to the IBLA in accordance with the regulations at 43 CFR 3809.801(a)(1). Your Notice of Appeal must be filed in this office within 30 days from receipt of this decision. As the appellant, you have the burden of showing that the decision appealed from is in error. Enclosed BLM Form 1842-1 contains further information on taking appeals to the IBLA.

____//SIGNED//______October 11, 2018 Scott Haight, Butte Field Manager Date

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