RAY LAND EXCHANGE / PLAN AMENDMENT SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT - NEWSLETTER #2
The Bureau of Land Management (BLM) has released the Draft Supplemental Environmental Get Involved! Impact Statement (EIS) for the Ray Land You are encouraged to attend any of the Open Exchange and Plan Amendment project for public House public meetings to learn more about the Draft review and comment. Supplemental EIS, ask questions, and submit comments. Comments will be accepted The Ray Land Exchange is a proposal brought for 90 days through February 16, 2018. to the Bureau of Land Management (BLM) from private mining company ASARCO LLC (ASARCO). ASARCO wants to exchange 7,304 Public Meetings acres of private lands (Offered Private Lands) in Attend one of these meetings to learn about the Pinal and Mohave Counties, Arizona, for 10,976 proposed land exchange and provide comments on acres of BLM-administered public lands (Selected the environmental analysis. Public Lands) near or adjacent to existing mining operations at the Ray Mine Complex near Kearny, The open house meetings will be held from 5:00 to Arizona. 7:30 p.m. with a formal presentation at 5:30 p.m. Kearny, Arizona The BLM invites your input on the proposed January Ray School Auditorium land exchange. Your involvement is critical as 16 BLM moves towards a decision on whether the 701 N. Hwy 177, Kearny, AZ exchange is in the public interest. More information Gilbert, Arizona January about the National Environmental Policy Act Southeast Regional Library 17 (NEPA) process and the BLM decision to be made 775 N Greenfield Road, Gilbert, AZ is available on pages 5 and 6. Tucson, Arizona Pima Community College For more information and to download a digital January Community Rooms A109 and A112 copy of the Draft Supplemental EIS visit the project 18 401 N Bonita Ave, Tucson, AZ website at http://go.usa.gov/xn2FG. If you have questions, or would like a CD copy of the report, Kingman, Arizona contact Mr. Michael Werner, project manager, at January Mohave Community College [email protected] or 602-417-9561. 23 Neal Campus Room 240 1971 Jagerson Ave, Kingman, AZ
How to Submit Comments • The BLM is accepting comments during the 90-day comment period through February 16, 2018. • Attend an open house public meeting to learn about the project and submit comments. • Email written comments to [email protected] • Send written comments via postal mail to: BLM Arizona State Office Attn: Ray Land Exchange One North Central Avenue, Suite 800 Phoenix, AZ 85004-4427 Offered Private Lands - Knisely Ranch Parcels Proposed Action and Alternatives Ray Land Exchange Proposed Action Selected Public Lands Under the Ray Land Exchange Proposed Action, ASARCO would acquire 10,976 acres of public lands. Of those, 8,196 acres include both the surface and mineral estate. The remaining 2,780 acres are mineral estate only with the surface privately owned. These lands are Selected Public Lands - Copper Butte Parcel 1 referred to as the “Selected Public Lands.” They are desirable to ASARCO because they are adjacent to or near the company’s current mining operations or have Ray Land Exchange Alternatives potential for future mining operations. ASARCO holds Alternatives are the heart of any EIS, as they present valid mining claims on most of the Selected Public Lands. other possible courses of action that could achieve the Because of these valid claims, ASARCO is expected to underlying purpose of and need for action to which the conduct mining operations on the Selected Public Lands agency is responding. The alternatives presented in the under the General Mining Act of 1872, regardless of the Supplemental EIS are identical to those contained in the land exchange. Some of the parcels are small, scattered, 1999 Final EIS and include the Proposed Action, the and difficult to access. Buckeye Alternative, the Copper Butte Alternative, and the No Action Alternative. Offered Private Lands In exchange for the Selected Public Lands, ASARCO has Buckeye Alternative offered the BLM 7,304 acres on 18 parcels of private land • Developed largely in response to scoping comments in Pinal and Mohave Counties. These lands are referred expressing concern for the integrity of resource values in to as the “Offered Private Lands.” Due to their natural and around Walnut Creek. resource values and location, the BLM considers these • Selected Public Lands acreage would be reduced by about parcels desirable for public ownership and management. 800 surface and subsurface acres in the Copper Butte area. The Offered Private Lands include parcels within or adjacent to designated Wilderness areas, areas of Copper Butte Alternative critical environmental concern (ACECs), riparian areas, • Developed in response to issues regarding recreational and other access to the White Canyon Wilderness through and habitat for endangered species and other special the Copper Butte area. category wildlife species, such as the desert tortoise. In most cases, the Offered Private Lands consolidate • Selected Public Lands would be reduced by about 1,800 fragmented public lands. surface and subsurface acres in the Copper Butte area. No Action Alternative • No lands would be exchanged. Selected Public Lands would remain in public ownership and continue to be managed by BLM for multiple use and sustained yield. • To develop its mining claims on public lands ASARCO would be required to file mine plans of operation (MPOs) with BLM as required under 43 CFR 3809 regulations Under these regulations, BLM is required to conduct a separate environmental analysis of the planned mining activities to ensure that no unnecessary or undue degradation would result from the proposed mining operations and that ASARCO remains in compliance with other applicable environmental regulations. • Comparison of the No Action Alternative with the three action alternatives is at the core of the “with and without” impact analysis required by the Ninth Circuit decision that this Supplemental EIS is intended to address. Selected Public Lands - Ray Mine Parcel 18
Ray Land Exchange and Plan Amendment Supplemental EIS - Page 2 Project Location
Page Ray Mine GILA CO
Kearny PINAL CO
Knisely Ranch Parcels Gila River Hayden Winkelman Selected Lands
Kingman Flagstaff
Sacramento Valley Parcel Tomlin Parcels Holbrook Prescott
McCracken Mountains Parcels Payson
Wickenburg Offered Private Lands - Tomlin Parcel (Big Sandy River) Gila River at Cochran Parcel Globe Phoenix Ray Mine Parcels
Casa Grande Parcels
Yuma Casa Grande ENLARGED AREA
Tucson
Offered Private Lands Sacramento Valley Parcel Nogales
RAY LAND EXCHANGE/PLAN AMENDMENT Selected Lands SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT Offered Lands
Cities and Towns 0 25 50 Highway Miles County 0 50 100 Kilometers
Figure 1.5-1. Ray Land Exchange/Plan Amendment SEIS project location map.
Offered Private Lands Gila River at Cochran
Selected Public Lands - Ray Mine Parcel 17 (in background)
Ray Land Exchange and Plan Amendment Supplemental EIS - Page 3 Proposed Action Parcel Description Selected Public Lands (public lands managed by BLM and selected by ASARCO for private ownership) Ray Mine Parcels • 6,325 acres Approximately 3.5 miles north of • Eighteen parcels surrounding the Ray Mine Kearny, AZ • Sonoran Desertscrub habitat and disturbed land • Sonoran riparian deciduous forest habitat along drainages • Low to high mineral potential • 43 archeological sites Copper Butte Parcels • 3,182 acres Approximately 10 miles • Five parcels located approximately one mile west of the Ray Mine northwest of Kearny, AZ • Sonoran Desertscrub habitat • Contains a portion of Walnut Creek, an ephemeral stream • Primarily low mineral potential, with high potential in two parcels • 35 archeological sites Chilito Parcels • 832 acres Approximately 6 miles east of • Five parcels near the Hayden operations Kearny, AZ • Sonoran Desertscrub habitat • Low to moderate mineral potential Casa Grande Parcels • 637 acres on three parcels near Casa Grande Approximately 3 miles • Subsurface mineral estate only west of Casa Grande, AZ • Disturbed land
Offered Private Lands (private lands owned by ASARCO and offered to BLM for public ownership) Gila River at Cochran • 320 acres Parcel • 2.5 miles southwest of the White Canyon Wilderness on the Gila River Approximately 14 miles west of • Contains a segment of the Gila River Riparian Management Area • 146 acres of riparian habitat suitable for southwestern willow flycatcher and western Kearny, AZ yellow-billed cuckoo • BLM special status species known or likely to occur • Important wintering and breeding bird habitat • One mile of Gila River for bird-watching and sportsman’s access –fishing, hunting, camping Knisely Ranch Parcels • 160 acres on three inholding parcels within the Mount Tipton Wilderness Approximately 20 miles north- • Great Basin conifer woodland, interior chaparral, and Mohave desertscrub west of Kingman, AZ • Pine Canyon provides mesquite- and catclaw-dominated xeroriparian habitat • Offers legal access to large body of public land – sportsman’s hunting, camping, hiking • Consolidates public ownership of lands within the Mount Tipton Wilderness McCracken Mountain • 6,384 acres on 10 parcels within the McCracken Desert Tortoise Habitat ACEC Parcels • High quality xeroriparian habitat for a variety of wildlife species Approximately 13 miles • BLM special status species known or likely to occur • Consolidates checkerboard lands, limiting future development in desert tortoise habitat southwest of Wikieup, AZ • Consolidates ownership within an Area of Critical Environmental Concern. Hunting, camping, hiking, vehicle use Sacramento Valley Parcel • 120 acres; Adjacent to Warm Springs Wilderness and near Mount Nutt Wilderness Approximately 17 miles • Mohave desertscrub biotic community southwest of Kingman, AZ • Adjacent to high-value bighorn sheep habitat in Black Mountains; within the Black Mountains Wild Burro Herd Management Area • Xeroriparian vegetation includes ironwood, catclaw, foothill paloverde and jojoba • Provides access to a large block of public land – sportsman’s hunting, camping, hiking Tomlin Parcels • 320 acres; Two of three parcels are located on the Big Sandy River Approximately 7 miles south of • Big Sandy parcels provide high-quality riparian habitat for a wide variety of wildlife Wikieup, AZ species, including potentially suitable habitat for southwestern willow flycatcher • BLM special status species known or likely to occur (desert tortoise, chuckwalla, lowland leopard frog, and bat species) • Area may qualify for Wild and Scenic River study • River access, high quality hunting, camping, exploration Ray Land Exchange and Plan Amendment Supplemental EIS - Page 4 Supplemental EIS Resource Analysis The exchange was first proposed in 1994 and BLM issued a Record of Decision (ROD) approving the land exchange and plan amendments in 2000. In 2010 the U.S Court of Appeals for the Ninth Circuit found the Final EIS lacked essential information and the ROD was remanded to the BLM. The BLM has prepared the Draft Supplemental EIS to address the court’s ruling; it is a supplement to the Final Environmental Impact Statement issued in 1999. The Draft Supplemental EIS provides the “with and without” comparative analysis found lacking by the Ninth Circuit Court. The analysis compares two scenarios of potential environmental impacts on the Selected Public Lands from mining operations: potential impacts that could occur on the Selected Public Lands if they are not exchanged and remain under BLM jurisdiction (i.e., mining occurs with BLM regulatory oversight), and, conversely, potential impacts that could occur if the Selected Public Lands are exchanged and become privately owned lands held by ASARCO. In addition, the Supplemental EIS addresses significant new environmental circumstances or information that was not available or not applicable at the time the 1999 Final EIS was prepared. The following resources are analyzed in the Supplmental EIS: Biological Resources Water Resources Air Quality Mineral Resources Land Use Access and Recreation Wilderness Resources / Special Management Areas Cultural Resources Socioeconomic Conditions Selected Public Lands - Ray Mine Parcel 12
Final EIS 1999 NEPA Process Record of Decision 2000
The BLM is presenting the Draft Supplemental EIS for a 90-day public comment period. Sept. Ninth Circuit Court Decision We encourage the public to provide information and 2010 comments pertaining to the analysis presented in the Draft Supplemental EIS.* We are particularly interested in feedback concerning the adequacy Develop Supplemental EIS (SEIS) Document of the analysis of mining-related impacts with and without BLM surface management regulatory oversight and any new resource information that Nov. 17, 2017 would help the BLM as it evaluates the proposed Publish SEIS Document for Public Comment Public Comment Period - 90 Days We Are to exchange. Public Comment Meetings Here Feb. 16, 2018 The BLM is also interested in comments regarding potential parcel removal recommendations for creation of an “equal value” exchange that is in the Review Public Comments public interest. The next phase in the NEPA process is development and publication of the Final Supplemental EIS. Your Summer Publish Final SEIS Document public comments on the Draft Supplemental EIS 2018 will help the BLM develop the Final Supplemental EIS and make the final decision on the Ray Land Fall Exchange and Plan Amendment. Record of Decision (ROD) *See Page 1 for information on submitting comments and 2018 the public meeting schedule. Ray Land Exchange and Plan Amendment Supplemental EIS - Page 5 Supplemental EIS Decision to be Made
The BLM will decide whether or not to approve the proposed plan amendments for the Phoenix, Safford, and Lower Sonoran Resource Management Plans, which are needed so that BLM may consider the exchange of lands that were identified for retention. If the plan amendments are approved, the BLM will determine whether or not the proposed land exchange would be in the public interest. If the BLM determines that the proposed land exchange is in the public interest, the BLM will decide whether or not to approve the land exchange as proposed, or with modifications. Determination of Public Interest The BLM is authorized to complete land exchanges Land Appraisals under the Federal Land Policy and Management Act of • All Selected and Offered Lands are being 1976 (FLPMA). The BLM must consider whether the appraised for the Supplemental EIS, using a exchange will: 1) provide the opportunity to achieve standard Department of the Interior process, to better management of federal lands; 2) meet the needs determine the monetary values of the lands. of state and local residents and their economies; and 3) • Because nearly 20 years have passed since the secure important objectives, including but not limited to, original appraisals, the land values are anticipated protection of fish and wildlife habitats, cultural resources, to have changed. watersheds, and wilderness and aesthetic values. • The BLM anticipates that the appraised value of Resource Values the Selected Public Lands will be greater than the Offered Private Lands. FLPMA requires that the BLM must find that the values of, and the management objectives served by, the lands • If the exchange is approved the BLM will likely be being acquired (the Offered Private Lands) are greater required to alter the exchange to create an equal than or equal to the values of and management objectives exchange that serves the public interest. served by the lands being disposed (the Selected Public • Equalization can be accomplished by retaining Lands). It can be said that, in part, the public interest is some Selected Public Lands in public ownership served if the values of the resources being exchanged or, at the determination of BLM, accepting a cash are comparable or in the public’s favor. payment of up to 25% of the value of the Selected Public Lands. Monetary Values • The BLM is interested in public comment FLPMA requires that the monetary value of the Offered that addresses the exchange equalization and Selected Lands be equal. If there is a difference in process. Specific comments about important monetary values, up to 25% of the value of the public resource values will help the BLM determine lands leaving federal ownership (Selected Lands) may be what is in the public interest. Please include equalized through a cash payment from ASARCO or the any comments you have regarding specific acreages proposed for exchange may be adjusted (or a parcels and cash equalization. combination of both).
Offered Private Lands - McCracken Mountains Parcels Ray Land Exchange and Plan Amendment Supplemental EIS - Page 6