1.0 INTRODUCTION

FINAL EIS – LOST CREEK URANIUM IN-SITU RECOVERY PROJECT – VOLUME I 1-1 

July 2012

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 Uranium In-Situ Recovery 

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 public 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 

Title 43 of the United States (US) 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 BLM recently made corrections to the Land Description Review Certificate 

to conform to the Specifications of Tracts of Lands required format for Federal 

Register Notices. The most significant correction was the removal of those 

descriptions that contain 1⁄2 lots. Under this required format, the BLM is no 

longer allowed to split lots. Therefore, in conformance with the Specifications of 

Tracts of Lands, the 1⁄2 lot descriptions were changed to include the whole lot, 

resulting in an increase in the calculated public land acreage to 3,737 acres. This 

total acreage excludes the State of Wyoming Section 16, Township 25 North, 

Range 92 West, which is shown on Project maps. The Legal Description, using 

the Specifications of Tracts of Lands for the Legal Description Review Certificate 

is as follows: 

 
1.0 INTRODUCTION

1-2 FINAL EIS – LOST CREEK URANIUM IN-SITU RECOVERY PROJECT – VOLUME I 

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Sixth Principal Meridian 

 Township 25 North, Range 92 West: 

 Section 17 - S1⁄2NE1⁄4NE1⁄4, S1⁄2NW1⁄4NE1⁄4, S1⁄2NE1⁄4NW1⁄4, 

S1⁄2NW1⁄4NW1⁄4, S1⁄2N1⁄2, and S1⁄2; 

 Section 18 - Lots 2 to 4, inclusive, S1⁄2NE1⁄4NE1⁄4, S1⁄2SW1⁄4NE1⁄4, 

SE1⁄4NE1⁄4, S1⁄2SE1⁄4NW1⁄4, E1⁄2SW1⁄4, and SE1⁄4; 

 Section 19; 

 Section 20 - N1⁄2N1⁄2, W1⁄2SW1⁄4NW1⁄4, and W1⁄2W1⁄2SW1⁄4; 

 Section 29 - NW1⁄4NW1⁄4NW1⁄4; 

 Section 30 - Lots 5 to 9, inclusive, and Lots 16 and 17; 

 Section 31 - Lot 8. 

 Township 25 North, Range 93 West: 

 Section 13 - SE1⁄4SE1⁄4NE1⁄4, S1⁄2S1⁄2, S1⁄2N1⁄2S1⁄2, and NE1⁄4NE1⁄4SE1⁄2; 

 Section 24; and 

 Section 25. 

However, consistent with other Project documents (Wyoming Department of 

Environmental Quality, Land Quality Division [WDEQ-LQD] Permit to Mine and 

the Nuclear Regulatory Commission [NRC] License), this Environmental Impact 

Statement (EIS) continues to identify the total Permit Area as having 3,614 acres, 

excluding the State section, or 4,254 total acres, including the State section. 

Although the method of calculating the total public land acreage has changed, the 

Permit Area as shown on Figure 1.1-1 has not changed. The Land Description 

Review Certificate is included in Appendix A. 

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

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

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

be on public land. The 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 

EIS. The most current information on the Project is included in the 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. 
FINAL EIS – LOST CREEK URANIUM IN-SITU RECOVERY PROJECT – VOLUME I 1-3 

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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 and closed loop drilling systems; 

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 NRC for the Project (NRC, 

2011a), and a Source and Byproduct 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 Project. The NRC prepared the SEIS as 

required by 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 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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FINAL EIS – LOST CREEK URANIUM IN-SITU RECOVERY PROJECT – VOLUME I 1-5 

July 2012

A series of paved and unpaved county and BLM roads provide access to the 

Permit Area, which is located about 21 miles from the closest highway (State 

Highway 73). 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 1.2-1. The proposed locations of the mine 

units, roads, Plant, pipelines, transmission line, the Underground Injection Control 

(UIC) deep disposal wells, and associated facilities within the Permit Area are 

shown on Figure 1.2-2. 

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. Only minor drainage diversions, such as those in 

the vicinity of the Plant, are 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. 

 
1-6 FINAL EIS – LOST CREEK URANIUM IN

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1.0 INTRODUCTION

1-8 FINAL EIS – LOST CREEK URANIUM IN-SITU RECOVERY PROJECT – VOLUME I 

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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 

US (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 FLPMA, and the National Materials and Minerals Policy, Research, and 

Development Act of 1980. The Project’s objective would be to produce an 

estimated six million pounds of uranium over an operating period of 12 years. 

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 
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FINAL EIS – LOST CREEK URANIUM IN-SITU RECOVERY PROJECT – VOLUME I 1-9 

July 2012

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 Uranium In-situ Recovery 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 Uranium In-Situ Recovery Project, must 

conform to several statutory and regulatory programs and their associated 

requirements to address environmental and operational concerns. 

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, 2008a]). 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 ore bodies 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 the exploration stage, with potential for three additional 

ISR projects to be developed in the next 20 years. Because these potential 

projects 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 Permit Area, and would be analyzed in 

separate NEPA analyses tiered to this document. 
1.0 INTRODUCTION

1-10 FINAL EIS – LOST CREEK URANIUM IN-SITU RECOVERY PROJECT – VOLUME I 

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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 Project is in the 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, 2011j). 

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, 
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FINAL EIS – LOST CREEK URANIUM IN-SITU RECOVERY PROJECT – VOLUME I 1-11 

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historical and cultural resources, visual resources, and socioeconomics, whereas 

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 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. The WDEQ-LQD Permit to 

Mine also requires BLM consent as the surface public 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 

the environmental protection measures listed in it (BLM, 2011g). 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). 

 
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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, 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 Uranium In-Situ

Recovery 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 

1.5.1 BLM 

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 Project’s 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 EIS was published in the Federal Register (FR) 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: the 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. 

The BLM published a Notice of Availability (NOA) on April 27, 2012, for the 

draft EIS for the proposed Project (77 FR 25193). The comment period was 45 

days with public comments due on June 11, 2012. Appendix F contains 

responses to the comments as well as an explanation of how the BLM identified 

and responded to the comments. The BLM received 22 sets of comments and 

these are also included in Appendix F. 
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1.5.2 Other Agencies 

Since the Project has completed the permitting processes for the 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 and WDEQ, 2009; NRC, 

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 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 Permit Area and 

vicinity in January 2009. The NRC gathered additional site-specific 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 Project license application 

was published by the NRC on July 10, 2008 (73 FR 39728). No hearing requests 

were received. The NRC staff published an NOI to prepare the SEIS on 

September 3, 2009 (74 FR 45656) (NRC, 2011a). 

On December 11, 2009, NRC published an NOA for the draft SEIS for the 

proposed Project (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 an 

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

notice and opportunity to participate in the Wyoming Environmental Quality 

Council (EQC) Hearing on the WDEQ-LQD Permit to Mine in August 2011 

(resulting in the EQC upholding the WDEQ-LQD decision to issue the permit) 

(EQC, 2011). 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 

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. 
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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 (VRM) classes. 

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

necessary infrastructure to support the development associated with the Project.