Decision Memo North Fork Humboldt River Fish Barrier Project U.S. Forest Service Mountain City Ranger District, Humboldt-Toiyabe National Forest Elko County, Nevada

Proposed Action Anova Metals Limited (Anova, as successor to Victoria Gold Corp.in the Big Springs Project) proposes to construct a permanent fish passage barrier/gauging station on the North Fork Humboldt River, Elko County, Nevada. Once constructed the barrier would promote Lahontan cutthroat trout (Oncorhynchus clarkii henshawi) recovery by isolating Lahontan cutthroat trout in upstream portions of the North Fork Humboldt River watershed from brook trout (Salvelinus fontinalis) a non-native trout species that is present in the lower portion of the river. The proposed barrier site is located near the National Forest boundary approximately 150 feet to the north of Forest Service Road 732 (FSR 732, also known as North Fork Road) near a non- functional USGS gauging station. There is currently an old road spur (off of Forest Service Road 732) that leads to this non-functional gauging station. Vehicle access to the barrier site would be needed and would require the reopening of this road spur. The re-opened road spur would be approximately 15-20 ft. in width, and approximately 100 feet in length. Reopening the road spur would require clearing large vegetation. This road spur would be left in place for long-term maintenance access. Following project activities the road spur would be closed to public traffic, and classified as a maintenance level 2 road. The barrier/gauge would be constructed of rebar reinforced concrete and would be anchored into already existing rocky banks on both sides the creek. The structure would be cast in-place. Implementation is planned to take place in the fall of 2013 (when flows are low) and would take approximately 2-4 weeks to complete. Heavy equipment would be necessary to construct the fish passage barrier/gauge. Heavy equipment (excavator) would be used to level the stream bottom, and stream banks prior to barrier/gauge construction. Heavy equipment would also be used to place large rock to secure/embed the ends of the structure into the adjacent stream banks. Water would be diverted using pipes or hoses around the areas actively under construction. The barrier structure would include a stream discharge gauge and a closable fish ladder to allow future fish passage if desired. The passive gauge would likely be a notch in the barrier which would allow for easy visual observations of the discharge level. The fish passage feature (fish ladder) would remain closed until brook trout are removed from the North Fork Humboldt River below the barrier and as deemed prudent by the US Fish & Wildlife Service (FWS). All equipment used would be cleaned prior to arriving at the construction site to reduce the spread of noxious weeds and to remove any residual petroleum products. Spill pads would be used under all equipment to prevent introducing hazardous material to the stream. All equipment would be inspected daily to assure no leakage is occurring. Areas for fuel storage, refueling, and

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servicing of construction equipment, vehicles, and pumps would be at least 150 feet from the stream channel and all machinery fueling and maintenance would occur within a contained area.

During the Project, Anova Gold Corp. would cooperate with the Forest Service to monitor all project activities. Monitoring would include but not be limited to: Sediment control Road maintenance Reclamation Noxious weed control

At the conclusion of the Project, reclaimed areas would be monitored for at least three years to ensure successful establishment of vegetation, per the revegetation standards established in the Nevada Guidelines for Successful Revegetation for the Nevada Division of Environmental Protection, the Bureau of Land Management, and the U.S.D.A. Forest Service, are attained. Monitoring for the control of erosion and control of noxious weeds would be carried out in conjunction with reclamation monitoring. Following construction, Anova Gold Corp. would perform periodic maintenance of the installed structures to ensure proper functioning by removing debris, branches and other material from the barrier, and to ensure that the fish barrier is not used by beavers for dam sites ("periodic routine maintenance"). Anova is not responsible for structural maintenance of the facilities (stream channeling impacts, structural failure, or additional armoring). Upon completion of construction, the fish barrier and associated built-in gauge will be donated by Anova Gold Corp. to the Forest Service. Upon Forest Service acceptance of the structures, any remaining construction warranties will be transferred to the Forest Service. The Supplement to the Big Springs Exploration Plan of Operations 2006-06-004 for the installation of the fish barrier components would expire upon completion of donation and the periodic routine maintenance and stream gauge monitoring and reporting would expire ten years from the date of completion of construction, unless monitoring data demonstrates that conditions have improved and stabilized to a degree that it is no longer of value to continue as determined by the Nevada Division of Environmental Protection and the Forest Service. Long-term maintenance and cleaning of the structure is expected to occur as needed. Woody debris removed during maintenance or cleaning would be placed along the adjacent stream bank. Sediment removed during cleaning would be removed from the site and placed in a suitable disposal area.

Decision I have decided to approve the Fish Barrier project as described above. My decision will include, but not be limited to, the following mitigation measures: Water Quality: Reclamation would be completed after cessation of activities to reduce the erosional potential for these areas. Spill kits would be on-site if needed for oil and fuel spills. The access road spur would be constructed using water bars and other best management practices (i.e., certified weed-free straw bales, silt fences, or other measures as appropriate) to minimize runoff and control erosion.

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Solid Wastes: All non-hazardous trash would be taken to the county landfill (or other approved disposal facility). If generated, hazardous wastes created during the project would be properly disposed of offsite in approved hazardous waste facilities according to local, state, and federal regulations. Scenic Values: Reclamation of disturbances associated with the construction of the barrier would be completed after cessation of activities to minimize potential visual impacts and reduce water quality impacts. The road spur would be closed to public travel, drainage structures installed, where needed, and revegetated. Wildlife: The construction schedule would avoid potential conflicts with nesting migratory birds by avoiding the breeding and nesting period. Fisheries: The project will be implemented in the late summer/early fall which is outside the spawning period for Lahontan cutthroat trout. The proposed action would not likely impact Lahontan cutthroat trout as a viable population no longer exists in the project area. In addition Lahontan cutthroat trout are a spring spawning fish. Vegetation: Anova Gold Corp. would implement controls to prevent the spread of noxious weeds including the identification of noxious weed stands in the vicinity and washing vehicles moving in and out of the Project area as required. Cultural Resources: No cultural resources have been identified within the project area. If previously undiscovered archaeological or cultural sites or resources are encountered during project work, activity in that area would cease immediately, the Forest Service would be notified, and the resource would be evaluated. The results of the evaluation would determine subsequent action. It is also my decision that this project is categorically excluded from documentation in an Environmental Impact Statement or an Environmental Assessment for the following reasons: This project falls within the category of actions described at 36 CFR 220.6 (e)(6) – Timber stand and/or wildlife habitat improvement activities that do not include the use of herbicides or do not require more than one mile of low standard road. Pursuant to 36 CFR 220.6[b], no extraordinary circumstances exist based upon a review of the following resource conditions: a. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species - The project is not likely to adversely affect listed and proposed species and it will have no impact on Forest Service Sensitive Species. The Biological Assessment was completed on November 29, 2012 and FWS concurrence received on January 29, 2013.

b. Floodplains, wetlands, or municipal watersheds: The ground disturbing activities proposed in flood plains or wetlands will be minimal and have no long term adverse impacts on these resources. No municipal watersheds lie within or adjacent to the project.

c. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas: The project area is not located in, nor will the project have any negative direct, indirect, or cumulative impacts on any congressionally designated areas.

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d. Inventoried roadless areas: The activity will have no impact on this resource.

e. Research natural areas: There are no research natural areas within the project area. The activity will have no impact on this resource.

f. American Indians and Alaska Native religious or cultural sites: The project will have no impact on these resources. (Wings and Roots meeting notes).

g. Archaeological sites, or historic properties or areas. The project will have “no effect” upon archeological sites, or historic properties or areas. A cultural review of the project area was completed on May 8, 2012. (Forest Service Memo dated November 27, 2012)

Public Involvement This action was originally listed as a proposal on the Humboldt-Toiyabe National Forest Schedule of Proposed Actions beginning in December of 2012. A Public Scoping Notice/ Notice of Proposed Action was sent to potentially interested individuals and organizations on December 20, 2012. The legal notice of proposed action was published in the Elko Daily Free Press on December 24, 2012. Comments were received from Nevada State Historic Preservation Office, NV State Lands, Nevada Division of Water Resources, and Army Corps of Engineers.

Tribal Involvement A letter soliciting comments on the Proposed Action was provided to local American Indian Tribes on December 20, 2012. No comments or issues were identified by the tribes contacted. The project has been discussed at previous Wings and Roots meetings (held with the Shoshone- Paiute Tribes of Duck Valley) and no issues have been raised at these coordination meetings.

Findings Required by Other Laws and Regulations My decision is consistent with the Humboldt National Forest Land and Resource Management Plan (1986), as amended. The project conforms to forest plan goals and objectives, and standard and guidelines for cultural resources, soil and water, and wildlife and fisheries. My decision also complies with the: • Endangered Species Act • Migratory Bird Treaty Act • National Clean Water Act, as amended • Executive Order11988 Floodplain Management • National Historic Preservation Act and 36 CFR Part 800-The Section 106 Process • Humboldt-Toiyabe FSM Supplement to Chapter 2080 – Noxious Weeds Management • Executive Order 12898 – Environmental justice

Administrative Review (Appeal) Opportunities Only supportive comments were received during the comment period, therefore the project decision is not subject to appeal (36 CFR 215.12).

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Implementation Date The actions described in this decision may be implemented: Following publication of the legal notice for this decision,

After final designs have been reviewed and approved by the FWS and Forest Service,

The final Plan of Operations supplement is approved, and

All state and federal permits have been acquired by the operator (if needed) for conducting work in the stream channel and waters of the U.S.

Responsible Official The responsible official for this project is Kathryn W. Fuell, Mountain City District Ranger, Humboldt-Toiyabe National Forest, 2035 Last Chance Road, Elko, NV 89801, telephone (775) 738-5171.

Contact For additional information concerning this decision, please contact Jim Harvey, Fisheries Biologist, Humboldt-Toiyabe National Forest, Sparks, Nevada, 89431. Phone 775-355-5343. E- mail - [email protected].

__/s/ Kathryn W. Fuell______4/1/13______KATHRYN W. FUELL Date Mountain City District Ranger

Attachment – Project Map

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