United States 

Department of 

Agriculture

 Ca

Greetings from the Black Hills National Forest:

Black Hills National Forest (BHNF) personnel recently completed a Final Environmental Impact 

Statement (FEIS) for the Section 30 Limestone Mining Project. 

by Pete Lien and Sons, Inc., (PLS) 

mining claims on National Forest System land

totaling approximately 94 acres along the northwest boundary 

The Purpose and Need for this projec

exercise their rights under U.S. mining laws while protecting the environment in accordance with 

Forest Service regulations for locatable minerals. The Purpose and Need has several components. 

Pete Lien and Sons, Inc. has a statutory right to extract locatable minerals (chemical grade 

limestone) as proposed in accordance with the General Mining Law of 1872, as amended (30 

U.S.C.21-54). The Forest Service has the responsibility to protect surface

Forest System lands to the extent practicable. Forest Service mining regulations state that, 

“operations shall be conducted so as, where feasible, to minimize adverse impacts on National Forest 

System surface resources (36 CFR 228.8

The proposed action is to approve the Plan of Operation (PO) submitted by Pete Lien and Sons, 

Inc. to mine approximately 94 acres of National Forest System lands on the PLS 30

PLS 30-10 Lode Mining Claims. The Plan of Operations was develop

Inc. It was submitted to the Forest Service in accordance with the General Mining Law of 1872, 

as amended and Forest Service mining regulations at 36 CFR 228 Subpart A. 

of the project area is; T.2N., R.7E

I have enclosed a copy of the Section 30 Limestone Mining Project FEIS and Record of Decision. 

Chapters 1 and 2 provide background and comparison of alternatives for many readers to judge the 

relative merits of the various alternative a

effects of alternatives is presented in Chapter 3. 

The decision is to implement Alternative C, as presented in the FEIS, with some modifications. 

general rationale for this approach is based on

and comments received on the Draft EIS. The 

operation, without interfering with PLS right to develop the limestone property. The decision 

complies with all applicable laws, regulations, and policies. 

This decision is subject to administrative review (appeal) pursuant to 36 Code of Federal Regulation 

(CFR) Part 215. This decision is also subject to administrative review under 36 CFR Part 251 

Subpart C, by the mining applicant

appeal under either 36 CFR 251 or 215, but not both (§251.85). Notices of Appeal that do not meet 

the content requirements of 36 CFR 215.14 or 36 CFR 251.90, as

Forest 

Service 

Black Hills 

National 

Forest 

1019 N. 5th Street

Custer, SD 57730

605-673-9200

Caring for the Land and Serving People

File Code: 1950 – Section 30 

Limestone Mining Project

Date: February 29,

Greetings from the Black Hills National Forest:

Black Hills National Forest (BHNF) personnel recently completed a Final Environmental Impact 

Statement (FEIS) for the Section 30 Limestone Mining Project. A Plan of Operation 

(PLS) for the purpose of mining for chemical grade limestone

mining claims on National Forest System land. The proposal is to mine within Pennington

along the northwest boundary of Rapid City, South Dakota. 

The Purpose and Need for this project is authorization of Pete Lien and Sons, Inc., proposal to 

exercise their rights under U.S. mining laws while protecting the environment in accordance with 

Forest Service regulations for locatable minerals. The Purpose and Need has several components. 

ete Lien and Sons, Inc. has a statutory right to extract locatable minerals (chemical grade 

limestone) as proposed in accordance with the General Mining Law of 1872, as amended (30 

54). The Forest Service has the responsibility to protect surface resources of National 

Forest System lands to the extent practicable. Forest Service mining regulations state that, 

“operations shall be conducted so as, where feasible, to minimize adverse impacts on National Forest 

System surface resources (36 CFR 228.8).” 

The proposed action is to approve the Plan of Operation (PO) submitted by Pete Lien and Sons, 

Inc. to mine approximately 94 acres of National Forest System lands on the PLS 30

10 Lode Mining Claims. The Plan of Operations was developed by Pete Lien and Sons, 

Inc. It was submitted to the Forest Service in accordance with the General Mining Law of 1872, 

as amended and Forest Service mining regulations at 36 CFR 228 Subpart A. Legal description 

7E., NE 1⁄4 Section 30, BHM 

I have enclosed a copy of the Section 30 Limestone Mining Project FEIS and Record of Decision. 

Chapters 1 and 2 provide background and comparison of alternatives for many readers to judge the 

relative merits of the various alternative approaches to the mining operation. More detail on the 

effects of alternatives is presented in Chapter 3. 

The decision is to implement Alternative C, as presented in the FEIS, with some modifications. 

general rationale for this approach is based on the purpose and need for the project, the key issues, 

and comments received on the Draft EIS. The decision intends to reduce the effects of the proposed 

operation, without interfering with PLS right to develop the limestone property. The decision 

all applicable laws, regulations, and policies. 

This decision is subject to administrative review (appeal) pursuant to 36 Code of Federal Regulation 

(CFR) Part 215. This decision is also subject to administrative review under 36 CFR Part 251 

applicant, PLS (§251.86). However, the mining applicant must choose to 

appeal under either 36 CFR 251 or 215, but not both (§251.85). Notices of Appeal that do not meet 

the content requirements of 36 CFR 215.14 or 36 CFR 251.90, as appropriate, will be dismissed.

Street

Custer, SD 57730-7239 

9200

Printed on Recycled Paper

Section 30 

Limestone Mining Project

29, 2012 

Black Hills National Forest (BHNF) personnel recently completed a Final Environmental Impact 

A Plan of Operation was submitted 

hemical grade limestone within 

Pennington County 

Rapid City, South Dakota. 

t is authorization of Pete Lien and Sons, Inc., proposal to 

exercise their rights under U.S. mining laws while protecting the environment in accordance with 

Forest Service regulations for locatable minerals. The Purpose and Need has several components. 

ete Lien and Sons, Inc. has a statutory right to extract locatable minerals (chemical grade 

limestone) as proposed in accordance with the General Mining Law of 1872, as amended (30 

resources of National 

Forest System lands to the extent practicable. Forest Service mining regulations state that, 

“operations shall be conducted so as, where feasible, to minimize adverse impacts on National Forest 

The proposed action is to approve the Plan of Operation (PO) submitted by Pete Lien and Sons, 

Inc. to mine approximately 94 acres of National Forest System lands on the PLS 30-1 through 

ed by Pete Lien and Sons, 

Inc. It was submitted to the Forest Service in accordance with the General Mining Law of 1872, 

Legal description 

I have enclosed a copy of the Section 30 Limestone Mining Project FEIS and Record of Decision. 

Chapters 1 and 2 provide background and comparison of alternatives for many readers to judge the 

pproaches to the mining operation. More detail on the 

The decision is to implement Alternative C, as presented in the FEIS, with some modifications. The 

the purpose and need for the project, the key issues, 

decision intends to reduce the effects of the proposed 

operation, without interfering with PLS right to develop the limestone property. The decision 

This decision is subject to administrative review (appeal) pursuant to 36 Code of Federal Regulation 

(CFR) Part 215. This decision is also subject to administrative review under 36 CFR Part 251 

applicant must choose to 

appeal under either 36 CFR 251 or 215, but not both (§251.85). Notices of Appeal that do not meet 

appropriate, will be dismissed.
Appeals filed under 36 CFR Part 215 – Appeals filed under 36 CFR Part 215, must be submitted (by 

regular mail) to: USDA Forest Service Region 2, Appeals Deciding Officer, 740 Simms Street, 

Golden, CO 80401 or (by fax) to 303-275-5134. The office business hours for those submitting hand 

delivered appeals are 7:30 a.m. to 4:30 p.m. Monday through Friday, excluding holidays. Electronic 

appeals must be submitted in .pdf, rich text format (.rtf), or Word (.doc) to appeals-rocky-mountainregional-office@fs.fed.us Include the name of the project being appealed in the subject line. Appellants 

should normally receive automated electronic acknowledgement as confirmation of agency receipt of 

electronic appeals. If the appellant does not receive an automated acknowledgement of receipt, it is 

the appellant’s responsibility to ensure timely receipt by other means. In cases where no identifiable 

name is attached to an electronic message, a verification of identity will be required. A scanned 

signature is one way to provide verification. 

Appeals, including attachments, must be filed within 45 days from the publication date of notice of 

this decision in the Rapid City Journal, the newspaper of record. Attachments received after the 45 

day appeal period will not be considered. The publication date in the Rapid City Journal, newspaper 

of record, is the exclusive means for calculated the time to file an appeal. Those wishing to appeal 

this decision should not rely upon dates or timeframe information provided by any other source. 

To be eligible to appeal this decision on this project, an individual or group must have provided a 

comment or otherwise expressed interest in this project by the close of the comment period. The 

notice of appeal must meet the appeal content requirements at 36 CFR 215.14. 

Appeals filed under 36 CFR Part 251 Subpart C – Appeals filed under 36 CFR Part 251, must be 

submitted (by regular mail) to: USDA Forest Service Region 2, Appeals Deciding Officer, 740 

Simms Street, Golden, CO 80401 or (by fax) to 303-275-5134. The office business hours for those 

submitting hand delivered appeals are 7:30 a.m. to 4:30 p.m. Monday through Friday, excluding 

holidays. Electronic appeals must be submitted in .pdf, rich text format (.rtf), or Word (.doc) to 

appeals-rocky-mountain-regional-office@fs.fed.us Include the name of the project being appealed in the 

subject line. Appellants should normally receive an automated electronic acknowledgement as 

confirmation of agency receipt of electronic appeals. If the appellant does not receive an automated 

acknowledgement of receipt, it is the appellant’s responsibility to ensure timely receipt by other 

means. In cases where no identifiable name is attached to an electronic message, a verification of 

identity will be required. A scanned signature is one way to provide verification. 

Appeals must be filed within 45 days following the date on the notice of the written decision 

(§251.88). Attachments received after the 45 day appeal period will not be considered. Appeals filed 

under 36 CFR 251 Subpart C must have a copy of the appeal simultaneously sent to the Deciding

Officer (§251.88) at: Deciding Officer, Black Hills National Forest; Attention: Craig Bobzien, 

Forest Supervisor, 1019 N. 5th St., Custer, SD 57730 or (by fax) to 605-673-9208. 

It is the appellant’s responsibility to provide sufficient activity-specific evidence and rationale, 

focusing on the decision, to show why the Deciding Officer’s decision should be reversed (§251.90). 

The Deciding officer is willing to meet with the applicant to hear and discuss any concerns or issues 

related to the decision (§251.93). 
An appellant may also include in the notice of appeal a request for oral presentation (§251.97) or 

request for stay of implementation of the decision pending decision on the appeal (§251.91). 

Implementation of the selected alternative will occur under the authority of this Record of 

Decision, subject to the appropriate appeal and implementation procedures cited above. 

Acreages and locations are approximate and may vary slightly during implementation depending 

on site-specific conditions. 

Pursuant to 36 CFR Part 215, if no appeal is filed within the 45 day time period, implementation 

of this decision may occur on, but not before, 5 business days from the close of the appeal filing 

period. If an appeal is received, implementation may occur on, but not before, the 15th business 

day following the date of the last appeal disposition. 

Pursuant to 36 CFR Part 251 Subpart C, if no appeal is filed, implementation of this decision 

may occur on, but not before, 5 business days from the close of the appeal filing period. If an 

appeal is received, implementation may occur during the appeal process, unless the Reviewing 

Officer grants a stay (§251.91). 

For additional information concerning this decision contact Dave Slepnikoff, ID Team Leader, Robert 

J. Thompson, District Ranger, phone (605) 343-1567 or Ed Fischer, Environmental Coordinator, Black 

Hills National Forest, 1019 North 5th Street, Custer, SD 57730, phone (605) 673-9200. 

Sincerely, 

Craig Bobzien 

CRAIG BOBZIEN 

Forest Supervisor 

Enclosure: 

Section 30 Limestone Mining Project FEIS 

Section 30 Limestone Mining Project ROD