DECISION RECORD Decision Rationale

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1 DECISION RECORD Liberty Miner's Rally Special Recreation Permit (SRP) Issuance to: Resources Coalition for a Miner's Rally Event OR CX-0020 Bureau of Land Management Wenatchee Field Office 915 N. Walla Walla Ave Wenatchee, WA Decision It is my decision to authorize the issuance of a special recreation permit to Resource Coalition for the Liberty Miner s Rally Event for the next 5 years as described in the attached categorical exclusion record (OR CX) and shown on attached map. As described in the attached Categorical Exclusion Documentation, it is not anticipated that the project actions will have significant effects. Rationale BLM has the authority to issue and collect fees for Special Recreation Permits under regulation Title 43 CFR, Subpart Events are accommodated through BLM s Special Recreation Permit process, and are specifically provided for in the BLM s Land Use Planning documents which direct BLM to ( ) manage public lands and keep access routes open for a variety of recreational opportunities/experiences, including both motorized and nonmotorized recreation activities. The Liberty recreation site regularly accommodates large group gatherings and events. For this event, stipulations are required to mitigate resource effects and any effects on other recreationists in the area. As described in Categorical Exclusion Document OR CX-0030, significant impacts are not anticipated from the proposed event. The BLM, U.S. Forest Service, National Marine Fisheries Service, and the Washington State Department of Fish & Wildlife have informally discussed this event covering their jurisdictions. The U.S. Forest Service, National Marine Fisheries Service, and the Washington State Department of Fish & Wildlife are aware of the event and the BLM s permit stipulations. The U.S. Forest Service will not be issuing a permit for the minor over-the-road access on National Forest lands for this event, but concurs with the BLM s SRP and permittee operating plan.

2 Linda Coates-Markle, Field Manager, Wenatchee Resource Area Date Administrative Review or Appeal Opportunities Any party that is adversely affected and determined to be a party to the case, may appeal the implementation of the proposed action to the Interior Board of Land Appeals, Office of the Secretary, in accordance with the regulations contained in 43 CFR Part 4. A notice of appeal must be filed in this office (at the address above) within 30 days of receipt of this decision. The appellant has the burden of showing that the decision is in error. An appellant may also file a petition for a stay (suspension) of this decision during the time that the appeal is being reviewed by the Board pursuant to Part 4, Subpart B, 43 CFR Part The petition for a stay must accompany the notice of appeal. A petition for a stay is required to show sufficient justification based on the standards listed below. Copies of the notice of appeal and petition for a stay must be submitted to each party named in this decision, to the Interior Board of Land Appeals, and the Office of the Solicitor (see 43 CFR 4.413) at the same time the original documents are filed with this office. The appellant has the burden of proof of demonstrating that a stay should be granted. Standards for Obtaining a Stay: Except as otherwise provided by law or other pertinent regulation, a petition for a stay of decision pending appeal shall show sufficient justification based on the following standards: (a) The relative harm to the parties if the stay is granted or denied, (b) The likelihood of the appellant s success on the merits, (c) The likelihood of immediate and irreparable harm if the stay is not granted, and (d) Whether the public interest favors granting the stay. Attachments: 1) Categorical Exclusion Documentation 2) Map 2

3 A. Background BLM Office: Wenatchee Field Office Lease/Serial/Case File No.: OR Categorical Exclusion Documentation Department of the Interior Bureau of Land Management, Spokane District 1103 North Fancher Road Spokane Valley, WA NEPA Log Number: DOI-BLM-OR CX Proposed Action Title: Liberty Miner's Rally Special Recreation Permit (SRP) Issuance to: Resources Coalition for a Miner's Rally Event Location of Proposed Action: BLM Public Lands located at Liberty Meadows, Liberty Dispersed Camping Area, and under placer claim CMC #7 areas within T20N, R17E, Sections 10 and 11, in Kittitas County, Washington State Description of Proposed Action: This is a 5-year authorization to issue an annual Special Recreation Permit to Resources Coalition. Resources Coalition, a mining club, has held a Miner's Rally Event at the end of August the past two years and proposes do it again this year August th and plans to make this annual event for the next 5 years. The proposed action would allow this event to be held annually through The Miner's Rally is a 3-day event that is free to the public and that will provide mining education through a series of speakers and demonstrations. The speakers and vendor tents will be set up in the Meadows Area near the Miner's Meeting Hall Building, and mining demonstrations will occur on Chris Brawn's CMC #7 placer mining claim (ORMC ) and near #1 of the Liberty Campground (shown on the attached map), the total staging area is less than 3 acres. Other planned and approved activities include: live music, chili cook-off competition, a raffle, a metal detector night hunt, and speakers on various topics including: rocks and gems, geology, mining history, basic metal detecting, dive safety, safety in the woods, and gun safety. The purpose of the Liberty Miner's Rally Event is for attendees to gain knowledge of the regulations, methods and equipment utilized by the small-scale mineral prospecting and mining community through lectures and hands-on operation. Mining demonstrations will include: suction dredging, sluice boxes, high banking and a small rock crusher. Friday is designated as "Representative Day" and legislators are invited to attend. Attendees and speakers will be camping in the meadows and within the Liberty Dispersed Camping Area along both sides of Williams Creek. Anticipated attendance is expected to be around 200 attendees, the permit will limit maximum participants to 300 people. Wayne Whitehall applied for a SRP to authorize this event which also happened last year under a similar CX (NEPA Log Number: DOI-BLM-OR CX). In-water mining activities including highbanking, the use of sluice boxes and suction dredges is addressed in the Gold and Fish Pamphlet (April 2009) put out by the Washington Department of Fish and Wildlife in conjunction with other agencies including the National Oceanic and Atmospheric Administration (NOAA) Fisheries and the U.S. Fish and Wildlife Service (USFWS) in concert with the Endangered Species Act, the 1872 Mining Law (as amended) and 1

4 the BLM's 43 CFR 3809 surface management (43 CFR 3809) compliance regulations for mining claims under the general mining laws. According to the Gold and Fish Pamphlet, in-water activities are allowed from July 16 th - September 30 th. All regulations in the Pamphlet must be followed by Resources Coalition, such as the intake hose of the suction dredges must have an inside diameter of less than 5 inches. In previous years, Resources Coalition has wanted to do a "Mercury and Lead Collection Point" activity, this activity was not authorized under a SRP, as hazardous wastes cannot be brought onto public lands not designated for this purpose. Liberty serves as a popular, public creek-side recreation area, and it is not suitable for this activity. The permit authorizing Resources Coalition to have their Miner's Rally excludes the activity of a "Mercury and Lead Collection Point". The SRP is subject to the following stipulations: 1. Event capacity is limited to 300 people over the 3 days. 2. A Mercury and Lead Collection Point is not allowed on BLM land. 3. All mining activities occuring as part of the event must follow the rules and regulations set forth by the Washington Department of Fish and Wildlife Gold and Fish Pamphlet (April 2009) and BLM's surface management compliance regulations, 43CFR The lectures, some of the camping and most of the parking and activities such as the potluck and live music will occur in the meadow above Liberty Road on BLM-managed lands only and the approved parking and use area will be designated by "pin flags" placed by BLM recreation staff. If present, amplification systems will be limited in volume so that visitors recreating nearby will not be negatively impacted. Portable gazebos will be erected in the meadows area by the permittee for the event. 5. The equipment demonstrations may occur by #1 on the north side of Williams Creek. Liberty Miner's Rally participants and organizers are to stay out of the riparian restoration area on the south side of the creek. 6. The Miner's Rally Event will not impede recreational use within the campground as sites cannot be reserved. 7. Sanicans will be provided by the permittee in the meadows area as well as wash basins with soap for sanitation purposes. The BLM vault toilets within the designated Liberty Dispersed Camping Area are sufficient for all those camping in designated sites. 8. Crowd control (if needed) will be organized by the permittee. 9. BLM Recreation Staff and Law Enforcement Officers will monitor this permitted group event. Other resource management agencies may also monitor this event in the areas under their jurisdictions. 10. All litter and signs of the event must be removed from the site after the event is over. To the extent possible, please return the area to its previous condition after the event is completed. 11. First aid kits and fire extinguishers will be provided by event organizers. In case of accident or medical emergency the permittee will call If there is a "Fire Closure" the area will be signed as "No Campfires Allowed" and the permittee and attendees of this event will comply with the campfire closure. Camp stoves with propane or white gas will be allowed. 2

5 13. The following mitigation requirements will be followed by the permittee for protection of anadromous fish and habitat: 1) No discharge of water from mining activities is allowed back into the stream until the fines settle out; use of a settling pond, or a filter through straw bales or through vegetation is required before water is put back into Williams Creek. 2) No removal of large woody debris within or along the creek is allowed. 3) No removal of riparian vegetation is allowed within or along the creek. 4) Straw bales and/or hay used for filtering mining discharge must be weed-free and possess proof of certification 14. There are cultural resource sites partially located inside the Miner's Rally SRP site. The Cascade Lumber Railroad Grade, and Deer Gulch dredge ditch (which now serve as the existing road and parallel dredge ditch) are within 50 feet of Williams Creek. No additional cultural resources field work or Section 106 clearances are necessary for the Miner's Rally Event on BLM lands, but the permittee must avoid disturbing or impacting these sites during event activities. Additionally, all historic mining equipment and artifacts encountered on BLM lands in T20T, R17E, Sections 10 and 11 must be avoided by Miner's Rally activities. In accordance with 36 CFR , if previously unidentified cultural resources are discovered during the mining demonstrations, the permittee will cease activities in the area of the find and notify BLM immediately. 15. Resources Coalition and other associated clubs/groups will be selling food, souvenirs and will be holding a raffle at the event, the vending will be part of the commercial SRP to be issued for the event. All revenues are required to be reported on the "post-use" fee calculation form and this revenue along with the $100 application fee becomes part of the fee charged to Resources Coailition for holding the event. 16. A new CX will be completed in any subsequent years within the 5-year permit period if the event is altered in any way or there is a significant change to the operations plan. 17. Failure to comply with stipulations could result in denying a future Special Recreation Permit. The BLM, U.S. Forest Service, National Marine Fisheries Service, and the Washington State Department of Fish & Wildlife have informally discussed this event covering their jurisdictions. The U.S. Forest Service, National Marine Fisheries Service, and the Washington State Department of Fish & Wildlife are aware of the event proposal as described in this NEPA Categorical Exclusion document and permit stipulations required within the approval letter for this event. The U.S. Forest Service will not be issuing a permit for the minor over-the-road access on National Forest lands for this event, but concurs with the BLM issued permit and permittee operating plan. B. Land Use Plan Conformance Land Use Plan Name: Spokane Resource Management Plan Date Approved/Amended: Approved 1987/Amended 1992 Option 1 (conforms with LUP): The proposed action is in conformance with the applicable LUP because it is specifically provided for in the following LUP decision(s): Chapter 2, General Management Objectives: 7. Manage public lands and keep access routes open for a variety of recreational opportunities/experiences, including both motorized and nonmotorized recreation activities 3

6 OR (Option 2: not explicitly provided for in the LUP) The proposed action is in conformance with the applicable LUP, even though it is not specifically provided for, because it is clearly consistent with the following LUP decision(s) (objectives, terms, and conditions): C. Compliance with NEPA: The proposed action is categorically excluded from further documentation under the National Environmental Policy Act (NEPA) in accordance with 516 DM 11.9.H.1. H. Recreation Management 1. Issuance of Special Recreation Permits for day use or overnight use up to 14 consecutive nights; that impacts no more than 3 staging area acres; and/or for recreational travel along roads, trails, or in areas authorized in a land use plan. This CX cannot be used for commercial boating permits along Wild and Scenic Rivers. This CX cannot be used for the establishment or issuance of Special Recreation Permits for Special Area management (43 CFR ). This categorical exclusion is appropriate in this situation because there are no extraordinary circumstances potentially having effects that may significantly affect the environment. The proposed action has been reviewed, and none of the extraordinary circumstances described in 43 CFR apply, as shown in the following table: CX EXTRAORDINARY CIRCUMSTANCES DOCUMENTATION The proposed categorical exclusion action will: YES NO (a) Have significant impacts on public health or safety. (b) Have significant impacts on such natural resources and unique geographic characteristics as historic or cultural resources; park, recreation or refuge lands; wilderness areas; wild or scenic rivers; national natural landmarks; sole or principal drinking water aquifers; prime farmlands; wetlands (Executive Order 11990); floodplains (Executive Order 11988); national monuments; migratory birds; and other ecologically significant or critical areas. Staging area is less than 3 acres. (c) Have highly controversial environmental effects or involve unresolved conflicts concerning alternative uses of available resources [NEPA Section 102(2)(E)]. (d) Have highly uncertain and potentially significant environmental effects or involve unique or unknown environmental risks. (e) Establish a precedent for future action or represent a decision in principle 4

7 about future actions with potentially significant environmental effects. (f) Have a direct relationship to other actions with individually insignificant but cumulatively significant environmental effects. (g) Have significant impacts on properties listed, or eligible for listing, on the National Register of Historic Places as determined by either the bureau. (h) Have significant impacts on species listed, or proposed to be listed, on the List of Endangered or Threatened Species, or have significant impacts on designated Critical Habitat for these species. (i) Violate a Federal law, or a State, local, or tribal law or requirement imposed for the protection of the environment. (j) Have a disproportionately high and adverse effect on low income or minority populations (Executive Order 12898). (k) Limit access to and ceremonial use of Indian sacred sites on Federal lands by Indian religious practitioners or significantly adversely affect the physical integrity of such sacred sites (Executive Order 13007). (l) Contribute to the introduction, continued existence, or spread of noxious weeds or non-native invasive species known to occur in the area or actions that may promote the introduction, growth, or expansion of the range of such species (Federal Noxious Weed Control Act and Executive Order 13112). F: Signature (Authorizing Official Signature) (Date) Name: Linda Coates-Markle Title: Field Manager 5

8 G. Contact Person For additional information concerning this CX review, contact Holly Eagleston, Outdoor Recreation Planner, Spokane District Wenatchee Field Office, at Note: A separate decision document must be prepared for the action covered by the CX. 6

9 Liberty Miner's Rally Map Sec T20N R17E Sec 02 Swauk Creek Miner's Toolshed Meeting Hall Rally Event Meeting and Parking Area Liberty Road North Vault Toilet Information to Hwy 97 (0.5 miles) Brawn Claim Permit authorizes mining demonstations on Chris Brawn & BLM lands ONLY Liberty Road NOMOTORIZEDVEHICLESALLOWED! Miner'sRallyandpublic walk-in access only. #14 #13 Miner's Toolshed Turnoff #12 #10 #11 #4 #9 Vault Toilet #8 #3 #2 #7 #6 #1 #5 Information Kiosk Williams Creek Private Ownership Private Ownership Leavenworth 2 ALT 97 w 97 Wenatchee Sec 10 Sec 11 #V Liberty Campsite? Spokane? Wenatchee " " Campsite I* Restroom I- Information $ Meeting Hall BLM Land Forest Service Private Paved Road Gravel Road July 2011 Feet 90 Seattle Ellensburg w Moses Lake 90 No warranty is made by the Bureau of Land Management as to the accuracy, reliability or completeness of these data for individual or aggregate use with other data. Original data were compiled from various sources and may be updated without notification.