1.0 INTRODUCTION

DRAFT EIS – LOST CREEK IN SITU URANIUM PROJECT 1-i 

April 2012

Table of Contents 

1.0 INTRODUCTION ................................................................................... 1-1

1.1 Identifying Information ....................................................................... 1-1

1.2 Site Location ....................................................................................... 1-3

1.3 Purpose and Need ................................................................................ 1-4

1.3.1 Bureau of Land Management.......................................................... 1-4

1.3.2 Lost Creek ISR, LLC Interests and Objectives ............................... 1-8

1.3.3 Decisions to be made ...................................................................... 1-8

1.4 Applicable Statutes, Regulations, and Associated Requirements ....... 1-8

1.4.1 NEPA Compliance .......................................................................... 1-9

1.4.2 Land Use Plan Conformance .......................................................... 1-9

1.4.3 Conformance with Other Federal, State, and County 

 Requirements ................................................................................ 1-10

1.5 Scoping and Public Involvement and Issues ..................................... 1-14

1.6 Issues and Concerns .......................................................................... 1-15

List of Figures 

Figure 1.1-1 Land Ownership ..................................................................... 1-2

Figure 1.2-1 Regional Map of the Permit Area .......................................... 1-5

Figure 1.2-2 Aerial Photo of the Permit Area............................................. 1-6

Figure 1.2-3 Site Layout ............................................................................. 1-7

List of Tables 

Table 1.4-1 List of Regulatory Requirements ......................................... 1-11 
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1.0 INTRODUCTION 

1.1 Identifying Information 

Lost Creek ISR, LLC (LCI) is proposing the construction, commercial operation, 

and reclamation of facilities for In Situ Recovery (ISR) operations within the Lost 

Creek Permit Area (Permit Area) of the Lost Creek In Situ Uranium Project 

(Project). ISR involves the use of a recovery solution, known as a lixiviant, to 

extract the mineral from the geologic formation, and the mineral is removed from 

the solution using ion exchange resins at the processing facility (the Plant). ISR 

occurs without physically removing the ore-bearing strata. Under the Proposed 

Action, about six million pounds of uranium would be produced from the Permit 

Area. The Proposed Action would extend over a 12-year period, including about 

seven months for initial construction, seven years for production, and the 

remaining time for final reclamation. With appropriate regulatory approval, the 

Plant could also be used to process ion exchange resins from other ISR mines in 

the region after completion of mineral recovery in the Permit Area. 

Eighty-five percent of the Permit Area is federal land (Figure 1.1-1) managed by 

the Bureau of Land Management (BLM) Rawlins and Lander Field Offices. 

Exploration and development of locatable federal minerals, including uranium, by 

private industry is part of the BLM’s minerals program under the authority of 43 

Code of Federal Regulations (CFR) Part 3800 (Mining Claims Under the General 

Mining Laws), the Mining and Minerals Policy Act of 1970, the Federal Land 

Policy and Management Act of 1976 (FLPMA), and the National Materials and 

Minerals Policy, Research, and Development Act of 1980. The Permit Area 

includes 201 unpatented federal lode claims. Fifteen percent of the Permit Area is 

owned by the State of Wyoming (Figure 1.1-1) and subject to state mineral lease. 

The Permit Area covers about 4,254 acres for adequate spacing of facilities and to 

encompass the ore trend. Under the Proposed Action, projected surface 

disturbance is about 345 acres, and the majority of the Project’s activities would 

be on federal land. Proposed facilities include: mine units; improved and newly 

constructed roads; the Plant, office, and associated structures; pipelines and 

transmission line; and equipment for air and water quality monitoring. Pursuant 

to 43 CFR Subpart 3809, which applies to operations authorized by mining laws 

on public lands, LCI submitted a Plan of Operations to the BLM in November 

2009. The Plan of Operations essentially constitutes the Proposed Action in this 

Environmental Impact Statement (EIS). The most current information on the 

Project is included in the Wyoming Department of Environmental Quality, Land 

Quality Division (WDEQ-LQD) Permit to Mine (LCI, 2011b). Although the 

Permit to Mine evaluates environmental impacts of the Proposed Action, the 

requirements of the National Environmental Policy Act of 1969 (NEPA) must be 

fulfilled by a federal agency. The BLM is the lead agency for this EIS. 
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Figure 1.1-1 Land Ownership 
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This EIS is being prepared in compliance with NEPA, as amended (42 United 

States Code [USC] 4321 et seq.), and its implementing regulations found in 40 

CFR Parts 1500 to 1508. This EIS assesses the environmental impacts of the 

Proposed Action, two alternatives (Not Fencing the Pattern Areas and Drying 

Yellowcake On-Site) and the No Action Alternative, and guides the decision 

making process. Other alternatives considered and eliminated from detailed 

analysis include: the use of portable drill pits; alternative mining methods, 

including open pit and underground mining; alternative waste water disposal 

methods; phased development of mine units; alternative lixiviants; shipping 

uranium-laden resin; alternate Plant locations, and alternate routes for the East 

and West Access Roads. These alternatives were eliminated from detailed study 

because they either did not meet the purpose and need of the Proposed Action or 

would cause greater environmental impacts than the Proposed Action. 

A Supplemental EIS (SEIS) was prepared by the Nuclear Regulatory Commission 

(NRC) for the Lost Creek Project (NRC, 2011a), and a Material License was 

issued to LCI for the Project on August 17, 2011. The NRC prepared the SEIS in 

response to LCI’s application to develop and operate the Lost Creek ISR Project. 

The NRC prepared the SEIS as required by Title 10, Energy, of the US Code of 

Federal Regulations (10 CFR), Part 51. The SEIS, prepared as a supplement to 

the Generic EIS (GEIS) for In-Situ Leach Uranium Milling Facilities (NRC and 

WDEQ, 2009), evaluated the Proposed Action and one alternative (Drying 

Yellowcake On-Site) and the No Action Alternative. Other alternatives 

considered and eliminated from detailed analysis in the SEIS included 

conventional mining and milling, conventional mining and heap leach processing, 

and alternative lixiviants. These alternatives were eliminated from detailed study 

because they either would not meet the purpose and need of the proposed Project 

or would cause greater environmental impacts than the Proposed Action. The 

SEIS also discussed alternative waste water disposal options (NRC, 2011a). 

1.2 Site Location 

The Permit Area is located in the northeast portion of Sweetwater County, southcentral Wyoming. Figure 1.2-1 shows the regional location of the Permit Area 

and the general geographic features of the region. 

The Permit Area is within Township 25 North and Ranges 92 and 93 West of the 

Sixth Principal Meridian; and approximately centered at 42 degrees, eight minutes 

North latitude and 107 degrees, 51 minutes West longitude. It includes portions 

or the entirety of Sections 13 and 23 to 26 of Township 25 North, Range 93 West, 

and Sections 16 to 21 and 29 to 31 of Township 25 North, Range 92 West. 

Rawlins is 38 miles southeast; Rock Springs is 80 miles southwest; Casper is 90 

miles northeast; and Jeffrey City is 25 miles north. The nearest population center, 

located 15 miles northeast of the Permit Area, is Bairoil, with a population of 

about 100 people. 
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A series of paved and unpaved county and BLM roads provide access to the 

Permit Area, which is located about 30 miles from the closest highway (US 

Highway 287/State Highway 789). There are no publicly maintained roads within 

the Permit Area. The road network in the Permit Area is comprised of 

unmaintained two-track roads, passable year-round by four-wheel-drive vehicles. 

The East and West Access Roads, which are existing two-track roads that would 

be upgraded by LCI for the Project, are shown on Figure 1.2-2. The proposed 

locations of the mine units, roads, Plant, pipelines, transmission line, and 

associated facilities within the Permit Area are shown on Figure 1.2-3. 

The Permit Area is geographically located in the north central portion of the Great 

Divide Basin. The regional rolling landscape has draws, rock outcroppings, 

ridges, and bluffs. The Permit Area is characterized by low relief (without 

notable geographic features), sagebrush-dominated plains, dissected by small, 

ephemeral drainage networks. The drainages are entirely ephemeral; there is no 

perennial surface water present. No drainage diversion is planned under the 

Proposed Action. The site elevation ranges from approximately 6,790 to 7,050 

feet above mean sea level. No geologic outcrops are present within the Permit 

Area. The site is composed entirely of Big Sagebrush Shrublands; there are no 

forested portions of the Permit Area. There are grazing allotments in the Permit 

Area. However, no farms, residences, or population centers are present. 

1.3 Purpose and Need 

1.3.1 Bureau of Land Management 

Expanding nuclear power is a key component of the Energy Policy Act (EPACT 

2005) signed into law on August 8, 2005. The policy calls for federal agencies 

“to develop a national energy policy designed to help the private sector, and, as 

necessary and appropriate, State and local governments, promote dependable, 

affordable, and environmentally sound production and distribution of energy for 

the future.” In addition to providing this direction, the EPACT 2005 provides 

significant incentives for the continuation and expansion of nuclear power in the 

United States (US Congress, 2005). 

Exploration and development of locatable federal minerals by private industry is 

part of the BLM’s minerals program under the authority of 43 CFR 3800, Mining 

Claims Under the General Mining Laws, the Mining and Minerals Policy Act of 

1970, the Federal Land Policy and Management Act of 1976 (FLPMA), and the 

National Materials and Minerals Policy, Research, and Development Act of 1980. 

 
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Figure 1.2-1 Regional Map of the Permit Area 

 
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Figure 1.2-2 Aerial Photo of the Permit Area 
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Figure 1.2-3 Site Layout
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Per the provisions of FLPMA, public lands are to be managed in accordance with 

the balance of several considerations including “in a manner that will protect the 

quality of scientific, scenic, historical, ecological, environmental, air and 

atmospheric, water resource, and archeological values” and “in a manner which 

recognizes the Nation’s need for domestic sources of minerals”...“from the public 

lands including implementation of the Mining and Minerals Policy Act of 1970 

(84 Stat. 1876, 30 USC 21a) as it pertains to the public lands” (FLPMA, Sec. 

102((8) and (12)). The purpose of the Surface Management regulations in 43 

CFR 3809 et seq., the implementing regulations for FLPMA with respect to 

mining, is to prevent “unnecessary or undue degradation of public lands by 

operations authorized by the mining laws” (43 CFR 3809.1(a)). 

Taking into account the BLM’s multiple use mandate, the purpose and need for 

this EIS is to analyze the site-specific impacts associated with the Proposed 

Action and its alternatives, identify mitigation measures to potentially reduce or 

eliminate those impacts, and provide agency decision makers with detailed 

information upon which to base their decision. 

1.3.2 Lost Creek ISR, LLC Interests and Objectives 

The Proposed Action would allow LCI to mine a valuable uranium deposit under 

the authority of the US mining laws, while ensuring that operations are conducted 

in a manner that prevents unnecessary or undue degradation of public lands in 

conformance with BLM requirements. The Project would also support energyindependence and environment-awareness policies. 

1.3.3 Decisions to be made 

The authorized official with the BLM will decide whether or not to approve the 

proposed development of federal minerals (uranium) within the project referred to 

as the Lost Creek In-situ Uranium Project, and if so, the approval will contain 

changes or conditions that are necessary to meet the performance standards of 43 

CFR 3809.420 and to prevent unnecessary or undue degradation per 43 CFR 

3809.411(d). 

1.4 Applicable Statutes, Regulations, and Associated 

Requirements 

ISR projects, such as the Lost Creek Project, must conform to several statutory 

and regulatory programs and their associated requirements to address 

environmental and operational concerns. 
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1.4.1 NEPA Compliance 

The Proposed Action is consistent with federal guidelines for implementing 

NEPA, the Council on Environmental Quality (CEQ) Regulations for 

Implementing the Procedural Provisions of NEPA outlined in 40 CFR Parts 1500 

to 1508, Department of Interior Regulations 43 CFR Part 46, and Department of 

the Interior and BLM policies and manuals (BLM NEPA Handbook H-1790-1 

[BLM, 2008b]). Included in these regulations is a requirement to analyze 

connected actions (40 CFR 1508.25(a)(1)). The Project requires access across 

public lands; therefore, all other components of the Project are considered 

connected actions to the Proposed Action. 

The proposed Plant is designed to accommodate truckloads of loaded resins from 

future satellite facilities operated by LCI or its affiliates and/or from third-party 

facilities. Satellite facilities are designed for small orebodies that are amenable to 

ISR mining but due to the small size would not support a full processing facility. 

At the satellite facilities, uranium lixiviant would be passed through ion exchange 

columns where the uranium would then be adsorbed onto resin and the loaded 

resin would be trucked to the central plant for stripping. At this time, other 

satellite facilities are in exploration stage, with potential for three additional mine 

sites to be developed in the next 20 years. Because these potential mines do not 

have mining plans developed, additional uranium mining is being considered in 

the cumulative impacts. The types of activities at these other mines would be 

similar to those proposed at the Lost Creek ISR facility, and would be analyzed in 

separate NEPA analyses tiered to this document. 

1.4.2 Land Use Plan Conformance 

The BLM’s land use plans establish goals and objectives for management of 

BLM-administered lands. For the Proposed Action, the relevant land use plan is 

the BLM’s Record of Decision and Approved Rawlins Resource Management 

Plan (Rawlins RMP). The Proposed Action is in conformance with the Minerals 

Goal and Objective in Section 2.3.7 of the Rawlins RMP (BLM, 2008c). 

Management Goal: “Manage mineral resources from available BLMadministered public lands and federal minerals while minimizing the 

impacts to the environment, public health and safety, and other resource 

values and uses.” 

Management Objective: “Provide for exploration and development of 

locatable minerals, except in withdrawn areas.” 

The Proposed Action is also in conformance with the provisions of the Lander 

RMP for the Green Mountain Management Unit (BLM, 1987), which is being 

updated. As noted in Section 3.3.1.3.2 of the Mineral Occurrence and 

Development Report (BLM, 2009a) for the update, the Lost Creek Project is in the 
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Crooks Gap Uranium District, which overlaps the Lander and Rawlins Field 

Office areas, and is being administered by the Rawlins Field Office. In addition, 

the Proposed Action is in conformance with other relevant BLM plans, including: 

x Invasive Plant Management (BLM, 2011c); and 

x Grazing Plan for the Arapahoe Creek Allotment, formerly part of the 

Green Mountain Common Allotment (BLM, 2011d). 

The Proposed Action is in conformance with the Wyoming Standards for Healthy 

Rangelands (BLM, 20llj). 

1.4.3 Conformance with Other Federal, State, and County 

Requirements 

While addressing the requirements of the BLM mining regulations, the BLM’s 

NEPA review of the Project is not meant to duplicate the NRC NEPA review 

performed as part of its licensing process, which evaluated potential impacts 

associated with construction, operation, aquifer restoration, and decommissioning 

of the Project. Rather, the NRC SEIS will be incorporated by reference in this 

EIS. Incorporation by reference provides the opportunity to reduce paperwork 

and redundant analysis in the NEPA process and allows the BLM to briefly 

summarize the relevant portions of the NRC SEIS rather than repeat them. This 

EIS focuses on the issues and mitigation measures not analyzed in sufficient detail 

in the NRC SEIS to support the BLM’s NEPA requirements and regulatory 

authorities. Specifically this EIS includes a more thorough evaluation of land use, 

recreation, transportation, wildlife, wild horses, water resources, air quality, 

historical and cultural resources, visual resources and socioeconomics where the 

NRC SEIS primarily focused on public health, safety, and radiation.

There is also a Memorandum of Understanding (MOU) between the BLM and the 

State of Wyoming recognizing the authorities and responsibilities of both 

agencies when permitting mining operations on BLM-administered lands. The 

intent of the MOU is to avoid unnecessary permitting duplication while providing 

protection for human health and the environment; thus, the WDEQ-LQD Permit 

to Mine Application is also incorporated by reference. In accordance with the 

MOU, LCI submitted a copy of the WDEQ-LQD Permit to Mine Application to 

the BLM in May 2008, when WDEQ-LQD deemed the application complete. 

Throughout the life of the Project, the BLM has the opportunity to provide 

comments to NRC and WDEQ-LQD on licensing and permitting actions. For 

example, following completion of the Record of Decision for this EIS, BLM can 

request a license amendment or permit revision to incorporate new design features 

and/or mitigation measures that may be developed during this EIS. The WDEQLQD Permit also requires BLM consent as the surface federal land management 

agency (Form 8, Adjudication File, WDEQ-LQD Permit to Mine, LCI, 2011b). 

In addition, the Record of Decision is also enforceable in terms of compliance 

with or execution of the mitigation measures listed in it (BLM, 2011g).
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Table 1.4-1 provides an overview of the federal, state, county, and local laws 

applicable to uranium development and the key regulatory requirements that 

would govern project implementation. 

The Proposed Action is in conformance with the State of Wyoming Land Use 

Plan (Wyoming State Land Use Commission, 1979). 

Table 1.4-1 List of Regulatory Requirements (Page 1 of 3) 

PERMIT OR 

LICENSE STATUS COMMENTS 

Federal

NRC, Source 

and Byproduct 

Material 

License 

License issued 

August 2011. 

License No. SUA-1598, Docket No. 40-9068. 

Uniform Resource Locator (URL): 

http://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=

'ML111940049’ 

NRC, Safety 

Evaluation 

Report (SER) 

Final SER issued 

August 2011. 

License No. SUA-1598, Docket No. 40-9068. 

URL: 

http://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=

'ML112231724' 

NRC, NEPA 

Review 

Final SEIS issued 

June 2011. 

NUREG-1910, Supplement 3. 

URL: 

http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1910/s3/ 

EPA, 

Underground 

Injection 

Control (UIC) 

Class I & Class 

III Wells 

-- See WDEQ permits as WDEQ-Water Quality Division 

(WQD) has primacy for Class I wells and WDEQ-LQD 

has primacy for Class III wells. 

EPA, Aquifer 

Reclassification 

Approved August 

2011. 

The aquifer exemption covers each mine unit plus 120 

feet beyond the monitoring well ring for each mine 

unit. 

EPA, 

Construction 

Application for 

the Storage 

Ponds

Approved 

December 2011.

For compliance with 40 CFR 61.252 (b)(1) & 40 CFR 

192.32(a) as required by 40 CFR 61.252 (c).

URL: 

http://www.epa.gov/region8/air/LostCreekNESHAP_ApprovalDec2011.pdf 

BLM, Plan of 

Operations

Submitted 

November 2009. Basis for this EIS.
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Table 1.4-1 List of Regulatory Requirements (Page 2 of 3) 

PERMIT OR 

LICENSE STATUS COMMENTS

State 

WDEQ-LQD, 

Permit to Mine 

Issued October 

2011. 

Permit No. 788. As WDEQ-LQD has primacy for UIC 

Class III wells, the Permit to Mine is also the UIC Permit. 

Posted to the BLM Rawlins Field Office Lost Creek In-Situ Uranium Project 

website, URL: 

http://www.blm.gov/wy/st/en/info/NEPA/documents/rfo/lostcreek.html 

WDEQ - Air 

Quality Division 

(AQD), Air 

Quality Permit 

Issued January 

2010. Permit No. CT-7896. 

URL: http://pbadupws.nrc.gov/docs/ML1034/ML103480375.pdf 

WDEQ-WQD, 

UIC Class I 

Wells 

Issued May 2010. Permit No. 09-586. 

URL: http://deq.state.wy.us/wqd/events/public%20notices/UIC/ 

FinalPermit_UREnergy_ClassI_09-586_LostCreekISR%20(2).pdf 

WDEQ-WQD, 

General Permit to 

Discharge Storm 

Water Associated 

with Large 

Construction 

Activity Under 

the Wyoming 

Pollutant 

Discharge 

Elimination 

System 

(WYPDES) 

Program 

Approved per 

Permit 

Authorization 

Number 

WYR103695. 

Storm Water Pollution Prevention Plan (SWPPP) 

required per General Permits. 

WDEQ-WQD, 

General 

Authorization to 

Discharge Storm 

Water Associated 

with Mineral 

Mining Activities 

Under WYPDES 

Application would 

be submitted once 

WDEQ-LQD 

Permit to Mine 

approved. 

Wyoming State 

Engineer’s 

Office (WSEO), 

Permit to 

Appropriate 

Groundwater 

Submitted for 

wells completed to 

date; will be 

submitted for 

future wells. 

-- 
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Table 1.4-1 List of Regulatory Requirements (Page 3 of 3) 

PERMIT OR 

LICENSE STATUS COMMENTS 

State (cont’d)

WSEO, Permit 

for Storage 

Ponds 

Approved May 

2010. 

Permit No. 13595R. 

Wyoming 

Game and Fish 

Department 

(WGFD), 

Wildlife 

Monitoring and 

Protection Plan 

Approved. 

Approval required as part of WDEQ-LQD Permit to 

Mine. 

County

Sweetwater 

County Planning 

Commission, 

County 

Development 

Plan 

Approved 

December 2009 -- 

Sweetwater 

County Planning 

Commission, 

Septic System 

Submitted June 

29, 2009. -- 

Sweetwater 

County Public 

Works Director, 

Road Use and 

Maintenance 

Agreement 

If not already done 

prior to BLM 

approval of 

proposed action, 

LCI would prepare 

and submit. 

Sweetwater -- County 

Department of 

Engineering, 

County Road 

Crossing and 

Access Permits 

or Licenses 
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1.5 Scoping and Public Involvement and Issues 

In February 2010, the BLM provided a news release about the Lost Creek Plan of 

Operations, which was received in November 2009, and projected environmental 

review. A copy of the news release is posted on the BLM Rawlins Field Office 

web page for the Lost Creek Project NEPA-related documents 

(http://www.blm.gov/wy/st/en/info/NEPA/documents/rfo/lostcreek.html). The 

public scoping period for NEPA commenced when the Notice of Intent (NOI) to 

prepare an Environmental Impact Statement (EIS) was published in the Federal 

Register on February 11, 2011 (76 FR 7877). Notification of the scoping process 

was also published in local newspapers and was included in the BLM’s weekly 

report to the Washington, DC office as well as the BLM’s quarterly congressional 

briefing. The US Fish and Wildlife Service (USFWS), Environmental Protection 

Agency (EPA), State of Wyoming, state and local government representatives, 

Native American tribes, local media, and interested organizations and individuals 

also received a public scoping notification via email or mail. A public scoping 

meeting was held at the BLM Rawlins Field Office on March 7, 2011. Media 

interviews were conducted with The Radio Network, which operates a syndicated 

string of radio stations in southwest Wyoming. During the public scoping period, 

ten comment submittals (e.g., letter, comment form) were received and contain 57 

comments. These comments were evaluated to identify key issues and concerns 

and to develop alternatives. 

Organizations and agencies were mailed letters of invitation to become 

cooperating agencies in the Project’s EIS development process. These 

organizations included: USFWS; Arapahoe Tribe; Shoshone Tribe; Ute Tribe; 

State of Wyoming and its agencies; Carbon County Commissioners; Fremont 

County Commissioners; Sweetwater County Commissioners; and members of the 

Coalition of Local Governments. The EPA requested to become a cooperating 

agency in the NEPA process. 

The following agencies with jurisdiction, special expertise, or interest in the EIS 

development process agreed to participate as cooperating agencies: EPA; State of 

Wyoming and its agencies; Carbon County Commissioners; and Sweetwater 

County Commissioners. 

Since the Project has completed the permitting processes for the Nuclear 

Regulatory Commission (NRC), WDEQ, and Sweetwater County, public 

meetings for the Project had been held prior to the BLM’s public scoping 

meeting. For NRC to meet its NEPA requirements, NRC prepared a GEIS for 

uranium ISR and an SEIS for the Project, both of which included public scoping 

and comment periods (NRC, 2009 and 2011a). For the GEIS, the NRC staff held 

three public scoping meetings from July 24, 2007, to November 30, 2007, and 

accepted public comments on the scope of the GEIS published as a final report in 

May 2009. Additionally, NRC held eight public meetings to receive comments 

on the draft GEIS, published in July 2008. Three of these meetings were held in 
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the State of Wyoming. Comments on the draft GEIS were accepted between July 

28, 2008, and November 8, 2008 (NRC, 2011a). 

As part of the preparation for the SEIS, the NRC staff met with Federal, State, and 

local agencies and authorities during a site visit to the proposed Lost Creek ISR 

Project site and vicinity in January 2009. The NRC gathered additional sitespecific information to assist with the environmental review and to determine 

whether site-specific information was consistent with the GEIS. The NRC staff 

also contacted potentially interested Native American tribes and local authorities, 

and public interest groups in person and via e-mail and telephone (NRC, 2011a). 

A Notice of Opportunity for Hearing on the proposed Lost Creek ISR Project 

license application in the Federal Register (FR) (73 FR 39728) was published by 

the NRC on July 10, 2008. No hearing requests were received. NRC staff 

published a Notice of Intent to prepare the SEIS on September 3, 2009 (74 FR 

45656) (NRC, 2011a). 

On December 11, 2009, NRC published a Notice of Availability (NOA) for the 

Draft SEIS for the proposed Lost Creek ISR Project in the Federal Register (74 

FR 65806). On February 5, 2010, NRC extended the public comment period to 

March 3, 2010 (75 FR 6065), in response to requests for extension submitted in 

comment letters and e-mails. The 81-day period for public comments (i.e., from 

December 11, 2009, to March 3, 2010) exceeds the minimum 45-day comment 

period required under NRC regulations. Members of the public were invited to 

submit comments electronically, by mail, or by facsimile (NRC, 2011a). 

The NRC staff identified 631 comments from the 23 documents commenting on 

the Lost Creek Draft SEIS. In addition to the opportunities provided through the 

NEPA process, NRC provided multiple opportunities for public involvement 

during the NRC staff’s safety review. Specifically, the NRC staff held six 

meetings or teleconferences with the applicant from 2006 through 2010. Each of 

these activities included an opportunity for public comment (NRC, 2011a). 

The WDEQ permitting processes also require public notice and comment (AQD, 

Wyoming Air Quality Standards and Regulations, Ch. 6, Sec. 2(m); LQD, 

NonCoal Rules and Regulations, Ch. 11, Sec. 21; WQD, Water Quality Rules and 

Regulations, Ch. 13, Sec. 19), and these requirements have been met. Public 

meetings have also been conducted in Sweetwater and Carbon Counties to meet 

planning requirements or for public information (LCI, 2009). 

1.6 Issues and Concerns 

Issues and concerns were identified through consultation and coordination with 

federal, state, and local agencies, and interested groups and individuals. The 

BLM Rawlins Field Office resource specialists also reviewed the Proposed Action 

and identified issues and concerns related to certain aspects of the human 
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environment and other resources. Based on this coordination, the BLM 

determined that the following issues are key areas for assessment in the EIS: 

Rangeland (Land Use) – Confirm that all grazing permittees directly or indirectly 

affected by the Project are aware of the issues, decisions and resulting actions 

regarding the Project and that the Project is in conformance with existing Grazing 

Plans. Ensure that impacts to vegetation (including introduction of noxious and 

invasive species) and to soils are identified and appropriate procedures for 

minimization and mitigation of impacts are in place along with procedures for 

reclamation and monitoring of reclamation success. 

Recreation – Ensure the Proposed Action does not require changes to existing 

recreation and off-highway-vehicle management to protect public land safety. 

Transportation – Evaluate the Project influence on access to and transportation 

across the BLM lands and coordination with local entities for road maintenance. 

Wildlife – Confirm that the potential impacts to wildlife, including threatened, 

endangered, candidate, and sensitive species, and to wildlife habitat have been 

evaluated and the monitoring and mitigation measures in the Proposed Action 

conform to current policies and procedures. 

Wild Horses -- Evaluate the Project influence on wild horses and ensure that 

monitoring and mitigation measures in the Proposed Action conform to current 

policies and procedures. 

Water Resources – Determine if the Proposed Action has identified potential 

impacts to water resources and that provisions are in place for monitoring to 

detect any impacts and mitigation of unanticipated adverse impacts. 

Air Quality – Evaluate the measures that will be taken during the Proposed Action 

to minimize dust generation and other potential adverse impacts to air quality. 

Historical and Cultural Resources – Ensure that the resources in the Permit Area 

have been identified in accordance with procedures established by the BLM and 

the Wyoming State Historical Preservation Office (SHPO) and that the Proposed 

Action includes protections for the resources identified in the Permit Area. 

Visual Resources – Ensure that the impacts identified in the Proposed Action 

conform to the visual resource management classes. 

Socioeconomics – Ensure that the potentially affected counties and cities have the 

necessary infrastructure to support the development associated with the Project.