Good Samaritan Remediation of Abandoned Hardrock Mines Act Environmental Information Document and Supporting Information

A National Environmental Policy Act (NEPA) Environmental Assessment (EA) is required for permit decisions under the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024, Pub. L. No. 118-155, 138 Stat. 1697 (2024) (Good Sam Act).¹ EAs may be developed by the Good Sam permit applicant, in coordination with EPA, or by EPA (for projects not involving federally managed land) (Good Sam Act Sec. 4(l)(2)(B)(ii)). 

EPA utilizes project and technical information, such as the information described below, in developing an EA compliant with NEPA (42 U.S.C. §4321 et seq.) and consistent with EPA’s NEPA regulations at 40 C.F.R. § 6.205(e) or in reviewing Applicant-led EAs. 

Good Sam Act projects must conclude that there will be a finding of no significant impacts (FONSI). Additional options to meet these requirements can include mitigation measures/mitigated FONSIs (see Appendix A).

1. Project Title, Location, and Description

Provide the following information consistent with the information required for the Good Sam Permit Application in Good Sam Act Sec. 4(c)(1)(4), (7), (8), (9), (10), (13), (14) and (15):

• location of the remediation project including land ownership;
• description of the mine site and mine residue to be remediated;
• the remediation plan that describes the nature and scope of the proposed remediation activities, monitoring or other forms of assessment to evaluate remediation success, and plans for any proposed recycling or reprocessing;
• a schedule of the work to be carried out including any operations and maintenance and postremediation monitoring;
• the health and safety plan;
• the contingency plan; and
• plans for any operations & maintenance and post-remediation monitoring.

2. Project Sponsor(s)

Provide the name(s) of the remediation project parties consistent with Good Sam Act Sec 4(c)(2).

3. Project Need

Describe the project need and remediation goals including the reduction or prevention of a release, threat of release, or discharge to surface waters or other appropriate goals relating to water or soil. See Good Sam Act Sec. 4 (b)(1)(C) and Sec.(c) (7) (A). 

4. Alternatives 

Briefly describe any alternatives to the proposed remediation project that have been considered including the “no action” alternative and reason(s) for selecting the proposed project. 

5. Permits 

List any permits or approvals that will be needed to implement the remediation project and provide the status (whether the permit/approval has been issued), applicable agency (local, state, and/or federal), and contact information.

6. Baseline Information and Impacts to Resources 

Include the following information when describing impacts in the subsections below. 

• Impacts associated with the entire lifecycle of the remediation project including construction, implementation, operations & maintenance, and post-remediation, and considering all interdependent components of the project.
• The duration of impacts, including short-term and long-term impacts.²
• The magnitude of impacts and whether they are adverse or beneficial and considering the preexisting conditions. • Geographic extent of the impact from the project location. 

6a. Remediation 

Describe how the project remediation goals (see Environmental Information Document section 3) would be accomplished including making measurable progress toward achieving applicable water quality standards or otherwise protecting human health and the environment (including through the prevention of a release, discharge, or threat of release to water, sediment, or soil). See Good Sam Act Sec. 4 (c)(7)(B). 

You can refer to information in response to the subsections below to support this description. 

6b. Soils and Geologic Conditions 

Describe the project area soil types including Natural Resource Conservation Service (NRCS) classifications, if known. Describe the baseline soil conditions, including nature and extent of contamination, as a result of the historic mine residue or releases from the residue. See Good Sam Act Sec. 4(c)(6)(C). 

Identify any geologic site hazards such as sinkholes, underground mine workings, etc. and describe measures in the remediation plan to avoid or minimize environmental problems due to any of these geologic features.

Describe the extent of surface acres disturbed or remediated by the project. Describe the physical and chemical changes to soils and mine waste as a result of remediation project implementation.

6c. Water Quality and Quantity

Describe and provide a map of the surface waters present. 

Identify the State’s “designated use” and water quality standards for each waterbody and whether it is meeting its designated use and standards. Identify any Total Maximum Daily Loads that exist for surface waters. Describe whether the project involves a Coastal Zone Management area, a delineated 100-year flood plain, or designated wild or scenic river segment. 

Describe groundwater in the project area and identify whether it is an EPA designated sole source aquifer. 

Identify whether surface waters or groundwaters in the project area are used for public or private water supply and provide the locations of water supply offtakes. 

Describe surface water baseline conditions including flows and constituent concentrations. Describe groundwater baseline conditions, including levels and constituent concentrations. 

Describe any existing surface water impacts caused by the historic mine residue to be remediated including (Good Sam Act Sec 4(c)(6)): 

• Nature and extent of any adverse impact on the water quality of any body of water caused by the drainage of historic mine residue or other discharges from the abandoned hardrock mine site.
• Flow rate and concentration of any drainage of historic mine residue or other discharge from the abandoned hard rock mine site.
• Any other release of historic mine residue that rested in an adverse impact to groundwater or surface water. 

Provide the following information related to remediation project water management:

• Project water needs and the sources of water.
• Project water balance/flow diagram showing water inputs, stormwater and contact water flows, and any discharges to groundwater or surface water.
• Water best management practices, monitoring, and water treatment. If water treatment is included in the project, describe the treatment process and its anticipated effectiveness.
• Identify any effluent discharges associated with the remediation project, including discharge points (to land, groundwater, or surface water), flow rates, and constituent concentrations.

Describe how the project will impact surface waters (flows and constituent concentrations) and groundwater (levels and constituent concentrations).

6d. Wetlands 

Describe whether there are wetlands present in the project area by providing a wetland determination, information from the National Wetland Inventory, and/or results of consultation with the appropriate wetland personnel (e.g., Army Corps of Engineers and/or appropriate state agency). If wetlands will be filled or dredged, attach a wetland delineation report and identify the wetland resources and how it will be affected. Also, describe measures that would be taken to avoid, minimize, and mitigate negative impacts.

Helpful Resource: USFWS Wetland Mapper

6e. Air Quality 

Describe baseline ambient air quality and whether the project is in a maintenance or non-attainment area for any priority air pollutant (e.g., 8-hr. Ozone, PM 2.5, etc.) under the federal Clean Air Act. 

Describe the type, sources, quantities, and compositions of regulated air emissions, including any hazardous air pollutants and/or ozone-depleting chemicals. Describe any proposed pollution prevention techniques, air pollution control devices, and monitoring if required. Describe the impacts to air quality. 

6f. Vegetation 

Describe vegetation types and acreage in the project area and how historic mine residue has impacted vegetation. Describe expected changes in vegetation due to the remediation project and measures included in the project plan to reduce impacts (e.g., revegetation). Indicate which species will be used to mitigate impacts to vegetation and any monitoring to demonstrate effectiveness. 

6g. Wildlife 

Describe wildlife and wildlife habitat present in the project area (e.g., mammals, birds, amphibians, fish, etc.) other than threatened, endangered or sensitive species and essential fish habitat (see below for these determinations). If any species or habitat would be impacted by the project, identify the species and how it would be impacted.

6h. Threatened, Endangered and/or Sensitive Species 

To obtain information regarding the existence of Federally- and state-listed species or critical habitat within the proposed project area, follow the directions below to access the U.S. Fish and Wildlife Service (USFWS) website and the applicable state wildlife agencies website where your project is located. 

If Threatened, Endangered, and/or Sensitive Species are present, provide the following:

• Presence of any proposed or listed threatened, endangered, and sensitive species and critical habitat in the project footprint and area that could be impacted by the project and summary of how the presence was determined (e.g., surveys or other sources of information).
• Communication with federal and state wildlife agencies.
• Digital photographs of the project area and adjacent natural habitat (e.g., vegetated area or waterbody outside of, but adjacent to or near, the project area) should be included with this Document. Digital photographs should be labeled, and the project map should be marked with the position of the photographer for each picture.
• Describe how the project will first avoid or minimize adverse impacts. Describe any best management practices to be used during project implementation (e.g., seasonal construction restrictions, revegetation, etc.).

Federally-listed species information can be obtained through the USFWS’s Information for Planning and Consultation (IPaC).

Submit the IPaC species list. Following review of this information, EPA will make a determination regarding the likelihood of effect and whether additional documentation and consultation with USFWS and NOAA Fisheries is necessary. EPA may designate the project applicant as its non-Federal representative to conduct informal consultation or to prepare a biological assessment. 

Other Helpful Resources:

• NOAA Fisheries Essential Fish Habitat Mapper
• NOAA Fisheries ESA Threatened and Endangered Species Directory

6i. Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA) 

To evaluate potential impacts to Essential Fish Habitat (EFH) under the MSFCMA, follow the directions below to access the NOAA Fisheries EFH Mapper and other relevant resources. 

Provide the following:

• Presence of EFH within or adjacent to the project area, including species and life stages supported by the habitat and a summary of how this presence was determined (e.g., NOAA EFH Mapper, consultation with NOAA Fisheries, or other sources).
• Description of the type and extent of potential impacts to EFH from the proposed project (e.g., sedimentation, turbidity, habitat removal, changes in water quality or flow).
• Communication with NOAA Fisheries, including any correspondence, consultation requests, or responses received. If applicable, include documentation of coordination with regional Fishery Management Councils.
• Digital photographs of the project area and EFH should be included in this Document. Photographs should be labeled, and the project map should be marked with the position of the photographer for each picture.
• Description of avoidance and minimization measures to reduce adverse impacts to EFH. Include any best management practices to be implemented (e.g., turbidity curtains, timing restrictions, erosion control, habitat restoration). 

Essential Fish Habitat information can be obtained through NOAA’s EFH Mapper.  

Following review of this information, EPA will determine whether the proposed project may adversely affect EFH and whether consultation with NOAA Fisheries is required under Section 305(b)(2) of the MSFCMA. EPA may designate the project applicant as its non-Federal representative to initiate consultation or prepare an EFH Assessment. 

Other Helpful Resources:

• NOAA Fisheries EFH Consultation Guidance
• Regional Fishery Management Councils 

6j. Solid and Hazardous Wastes

Describe types, amounts, and compositions of solid, special or hazardous wastes located in the project area. Describe whether additional solid or hazardous wastes would be produced from the project and methods and locations of disposal. Describe whether sludge (e.g., from water treatment) would be produced by the project, including the type and amounts, and method and location of disposal. Identify above- or below-ground tanks to store petroleum products or other materials, except water, to be installed as part of the proposed project. Describe potential impacts from solid and hazardous waste management related to the project. 

6k. Noise (as applicable) 

Describe whether the project will generate noise or vibrations during implementation including sources and measures to mitigate adverse impacts. Identify locations of nearby sensitive receptors and describe impacts on them. 

6l. Visual (as applicable) 

Describe whether the project will impact scenic views or vistas or create adverse visual impacts (e.g., glare from intense lights, lights visible in wilderness areas, etc.) and measures in the plan to mitigate visual impacts. 

6m. Land Use 

Describe land ownership and current and recent past land use and development on the site and on adjacent lands that could be impacted by the project. Discuss project compatibility with adjacent and nearby land uses. Identify any land use plan/economic development plan or zoning ordinances for the project area, if applicable and provide a copy. Describe whether the project would be consistent with the land use plan or how any conflicts will be resolved. 

6n. Recreation (as applicable) 

Describe whether the project would impact designated parks, recreation areas or trails, how these resources would be impacted and mitigation measures which would be taken to reduce impacts.

6o. Historic Properties and Cultural Resources 

Have you initiated the NHPA Section 106 consultation process with the State Historic Preservation Office (SHPO) and/or Tribal Historic Preservation Office (THPO)? If not, we recommend completing this step as soon as possible. EPA may designate the project applicant as its non-federal representative for the Section 106 consultation for the Project. The Section 106 consultation process begins when a federal or federally assisted project has the potential to affect historic properties or cultural resources. 

As part of the Section 106 consultation, were Tribal notifications letters sent? See HUD’s Tribal Directory Assessment Tool for list of Tribes with potential interest in the project location. 

Disclose whether the project has the potential to affect resources listed in or eligible for listing in the National Register of Historic Places (https://www.nps.gov/subjects/nationalregister/index.htm) or the potential to impact cultural resources. 

If the project has the potential to affect historic properties, provide the following:

• digital photographs of each historic property, identify and label each resource(s) on a map that shows the proposed project and the proposed Area of Potential Effect.
• describe potential impacts (e.g., removal, noise, visual, etc.).
• describe how the project will first avoid and then minimize adverse impacts.
• describe any proposed compensation measures that will be taken for any unavoidable adverse impacts.

If you have determined that historic properties will not be impacted, explain how this conclusion was reached. Identify whether SHPO and/or THPO, consulting parties, and public concurrence has been received and include a copy of all correspondence.

6p. Traffic (as applicable) 

Describe access and traffic associated with the project and whether the project would involve rerouting or controlling traffic. Describe traffic disruptions or other changes as a result of the proposed project. 

6q. Public Health 

Describe whether and how the historic mine site has impacted human health. See Good Sam Act Sec. 4(c)(6)(C). Describe how the remediation project would change public health impacts or impact safety and describe any measures included in the remediation plan to avoid or minimize health and safety impacts. 

6r. Social 

Identify any nearby residents and communities and show these on a map. Describe social and economic impacts to people or businesses, including economic development as a result of this project. 

Describe whether members of the community have expressed support or concern about the project, the nature of the issues, and any changes to the project to address the issues.

7. Federal Compliance Determinations 

Record below (Table 1, Checklist of Federal Crosscutting Compliance) the compliance or conformance determinations for each statute and executive order. Provide credible, traceable, and supportive source documentation for each authority. Where applicable, complete the necessary reviews or consultations and obtain or note applicable permits of approvals. Clearly note citations, dates/names/titles of contacts, and page references. Attach additional documentation as appropriate.

Table 1: Checklist of Federal Crosscutting Compliance

Appendix A 

Mitigated Finding of No Significant Impact

In certain circumstances, the use of mitigation may support issuing an EA and a FONSI (“mitigated FONSI”) based on mitigation measures and the commitment to ensure that the mitigation is performed. Mitigation measures may be incorporated into the project description, alternatives, or the impacts analysis, information to reduce potentially significant environmental impacts and to support a FONSI. Such mitigation measures may include:

• Avoiding an impact by not taking an action;
• Minimizing an action by limiting the degree or magnitude of the action;
• Rectifying an impact by repairing, rehabilitating, or restoring the affected environment;
• Reducing an impact over time; or
• Providing compensation for an impact such as substitute resources. 

To be compliant with NEPA and the Good Sam Act, all measures should include sufficient detail to support the FONSI. This includes thorough documentation of mitigation commitments and potential associated monitoring plans as part of the proposed action that the applicant is required to perform. Additionally, mitigation should only be committed to in cases where there is legal authority and sufficient resources to ensure success of the mitigation. Commitments must include applicable mitigation monitoring and measurable performance standards or expected results. Funding, permitting, and other agency approvals may be made conditional on performance of mitigation commitments. As with other commitments included in the proposed action, time frames should be included in the mitigation description.

¹ Source: Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024, Pub. L. No. 118-155, 138 Stat. 1697 (2024) (PDF)
² Long-term impacts could be, but are not limited to, land type or land use conversion, etc. Short-term impacts could be, but are not limited to, surface water runoff, construction noise, erosion, sedimentation, temporary loss of vegetative cover, wildlife disturbance, air pollution, etc.