Decision Memo. USDA Forest Service Mountain Home Ranger District, Boise National Forest Boise County, Idaho

Transcription

1 Decision Memo BOGUS CREEK OUTFITTERS SPECIAL USE PERMIT RENEWAL USDA Forest Service Mountain Home Ranger District, Boise National Forest Boise County, Idaho August 2014

2 DECISION It is my decision to renew the Bogus Creek Outfitters Special Use Permit (SUP). Under my decision, Bogus Creek Outfitters will be authorized to conduct winter dinner sleigh rides and summer dinner hay ride activities on National Forest System (NFS) lands (Figure 1). Winter activities will occur annually from mid-november to mid-march and will consist of the following activities: Two dinner sleigh rides per day utilizing 2 horse drawn sleighs with a 25-person capacity each. Draft horses will be utilized to pull the sleighs. No livestock grazing is requested and horses will be fed off of NFS lands. Sleigh rides and dinners will be conducted at 6:30 pm and 8:30 pm daily for a total of 100 people. Dinners will be prepared and served in a portable cabin on wheels that will be set up and maintained throughout the winter operating season. The portable cabin will be located as illustrated on Figure 1. The dining facility is not a permanent structure and will be removed from NFS lands following the winter operating season. NFS road 297/Nordic ski route (Figure 1) will be used to transport food and supplies into the dining location utilizing a snowmobile. Bogus Creek Outfitters have an approved agreement with Bogus Basin Recreation Association, Inc. to use this Nordic ski route in this manner during the winter season. Summer activities will occur annually in May, June, and September and will consist of the following activities: One dinner hay ride for 50 people per day. Draft horses will be utilized in the hay ride operations. Dinners will be prepared and served at the location marked on Figure 1. Dining facilities will consist of picnic tables and meal preparation equipment. All dining facilities will be removed from NFS lands following the summer operation season. Appendix A of this decision outlines the design features that will be implemented to minimize effects to resources. PROJECT AREA The project area is located in Boise County on the Mountain Home Ranger District of the Boise National Forest (Forest). The legal locations for the activities are Bogus Basin, T5N, R3E, Section 9. 2

3 Figure 1 Project location map 3

4 PURPOSE AND NEED FOR THE PROPOSED ACTION The purpose of the project is to issue a new SUP to Bogus Basin Outfitters for a new term (10 years) to replace their existing SUP consistent with the following Forest Plan Management Direction: Forest-wide Desired Condition Sustainable ecosystems provide a variety of sustainable products and services for current and future generations alike. Timber, range, recreation, minerals, and special use programs offer opportunities for economic development, and contribute to local community needs, while maintaining ecological integrity. (USDA Forest Service 2010a, p. III-7) Lands and Special Uses Desired Condition Forest management and public needs are met through: a) Landownership adjustments, b) Property boundary and landline location, and c) Issuance of Special Use authorizations (USDA Forest Service 2010a, p. III-54). Recreation Resources Desired Condition Authorized commercial developments and services meet established national standards and broaden the range of recreation opportunities and experiences provided on National Forest System lands (USDA Forest Service 2010a, p. III-63). REGO07 Ensure that recreation operations, under or being considered for special use authorizations, provide opportunities, facilities, and services that respond to a demonstrated public need while mitigating conflicts with other uses and resources, where possible (USDA Forest Service 2010a, p. III-64). The purpose will address desired conditions to continue providing this service to the general public. The project area is located in Management Area 4 and Management Prescription Category (MPC) 5.1. REASONS FOR CATEGORICALLY EXCLUDING THIS ACTION The Chief of the Forest Service has identified specific actions that may be categorically excluded from documentation in an environmental impact statement (EIS) or environmental assessment (EA) if there are no extraordinary circumstances. Category Applicability: 36 CFR 220.6(e)(15) states that issuance of a new special use authorization for a new term to replace an existing or expired special use authorization when the only changes are administrative, there are not changes to the authorized facilities or increases in the scope or intensity of authorized activities, and the applicant or holder is in full compliance with the terms and conditions of the special use authorization may be categorically excluded from documentation in an EIS or EA provided that no extraordinary circumstances exist. My decision is consistent with this description. Therefore, I have determined that this project falls within Category 15. Extraordinary Circumstances: 36 CFR 220.6(b)(2) discloses that the mere presence of a resource condition does not preclude use of a categorical exclusion. It is (1) the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions and (2) if such a relationship exists, the degree of the potential effect of a proposed action on these resource conditions that determines whether extraordinary circumstances exist. Those resource conditions that should be considered in determining whether extraordinary circumstances related to the proposed action warrant further analysis and documentation in an EIS or EA are discussed in 36 CFR 220.6(b)(1). A summary of the effects of my decision on these resource conditions is provided below, with detailed information contained in the Project Record. Based upon these findings, and public involvement efforts discussed below, I have determined that no extraordinary circumstances are associated with my decision. 1. My decision has been evaluated to determine the effects on Endangered Species Act (ESA) threatened, endangered, proposed, and candidate (TEPC) species and their habitats. Evaluations concerning Region 4 Sensitive are also summarized below. The ESA (16 USC et seq. 1988) provides for the protection and conservation of threatened and endangered plants and animal species. The Proposed Action was assessed in biological assessments (BAs) to determine the effects on threatened and endangered plant and animal species. The U.S. Fish and Wildlife Service (USFWS) provided the Forest with a list of threatened, endangered, proposed, and candidate species to consider in project planning (USDI Fish and Wildlife Service 2014). This list is updated and published for the State of Idaho on the USFWS Web site 4

5 ( ). Table 1 summarizes the TEPC species for Boise County, Idaho, and the determination of effects for the project activities. Table 1 Summary of determinations for Threatened, Endangered, Proposed and Candidate (TEPC) species for the Bogus Basin Outfitters Special Use Permit renewal Species Common Name Scientific Name Status 1 Determination 2 Proposed Action Canada lynx Lynx canadensis T NE Yellow-billed cuckoo Coccyzus americanus P NLTJ Bull trout/critical habitat Salvelinus confluentus T NE Whitebark pine Pinus albicaulis C NI 1 Status: E = endangered; T = threatened; P = proposed; and C = candidate 2 Determination language for TEPC species: BE = Beneficial Effect, NE = no effect ; NLAA = not likely to adversely affect ; NLTJ = not likely to jeopardize proposed species or modify proposed critical habitat ; NI = no impact Fish and Wildlife Species Sensitive fish and terrestrial wildlife species are designated by the Regional Forester based on a concern for population viability as evidenced by a significant current or predicted downward trend in population numbers or density, or a significant current or predicted downward trend in habitat capability that would reduce a species existing distribution (FSM ). Twenty-one fish and terrestrial wildlife species are currently designated as Region 4 (R4) Sensitive species for the Boise National Forest (USDA Forest Service 2013). No impacts to R4 Sensitive wildlife and fish species were determined for project activities. Detailed analysis is provided in the Fish and Wildlife BAs (Project Record). Botanical Species No rare plant species, including TEPC or Sensitive species, and no suitable habitat are present in the project area or on the route to the project area. Table 1 summarizes the determinations for TEPC plant species in Boise County. 2. My decision has been evaluated to determine the effects on wetlands and floodplains. My decision is expected to have no effects to wetlands and floodplains. Floodplains within the project area consist of riparian settings adjacent to streams. No wetlands or spring sources are known to occur within the project area based on Forest GIS data and field reconnaissance. Please refer to the hydrology map in the Project Record. The project area does not occur within a municipal watershed; therefore, municipal watersheds will not be affected by this project. Please refer to the hydrology map in the Project Record. 3. Proposed activities will not occur within or immediately adjacent to any congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas and therefore will have no effect on these resources. Additionally, no designated, suitable, or eligible Wild and Scenic Rivers occur within the project area; therefore, this project will have no effect on Wild and Scenic Rivers. Please refer to Congressionally Designated and Wild and Scenic Rivers Maps in the Project Record. 4. No Inventoried Roadless Areas (IRAs) are located within or immediately adjacent to the project area; therefore, project implementation will not affect any IRAs. Please refer to Inventoried Roadless Area Map in the Project Record. 5

6 5. No Research Natural Areas are located within or immediately adjacent to the project area; therefore, project implementation will not affect Research Natural Areas. Please refer to Research Natural Area Map in the Project Record. 6. My decision has been evaluated to determine the effects on American Indian and Alaska Native religious or cultural sites. Tribal notification and/or consultation have not identified effects to tribal interests or rights associated with this project. The project was presented to the Shoshone-Paiute Tribes at the agreed upon consultation Wings and Roots process in June 2014, and they did not respond with any concerns with implementation of this project (Project Record). 7. No effects to archaeological sites or historic properties or areas are anticipated. The Forest Archeologist has determined that no known historic properties would be affected by the proposed project. The Idaho State Historic Preservation Office (SHPO) has reviewed the cultural resources report prepared for this project and concurred with the No Effect determination (Project Record). Public Involvement: This project has been listed on the Forest schedule of proposed actions (SOPA) since April 2014, and a phone call was made to the Bogus Basin Ski Resort to inform them of this project. No comment letters/ s were received in response to these scoping efforts. Other Information Considered in Determination of Extraordinary Circumstances: In addition to the above, I have considered other elements of the analysis in my determination that there are no extraordinary circumstances, as defined by the National Environmental Policy Act (NEPA), or other adverse effects associated with this project that will necessitate documentation in an EIS or EA. I have also considered the potential for cumulative effects and arrived at the conclusion that without notable direct or indirect effects, there will be no cumulative effects. My conclusion is based on (1) comments received during public involvement efforts and (2) the minimal environmental effects expected as a result of my decision. FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS National Historic Preservation Act This project complies with this Act. Refer to discussions under archaeological sites and/or historic properties or areas resource condition above for supporting information concerning this determination. American Indian Religious Freedom Act, Native American Graves Protection and Repatriation Act, and Executive Order The United States Government has a unique relationship with federally recognized American Indian tribes. Decisions concerning management of lands administered by the federal government can affect tribal community well-being. As federal agencies undertake activities that may affect tribes rights, property interests, or trust resources, care must be taken to implement agency policies, programs, and projects in a knowledgeable and sensitive manner respectful of tribes sovereignty and needs. The intergovernmental consultation process serves as the primary means for federal agencies to carry out their tribal trust obligations. This project complies with these Acts and Executive Order. Refer to discussions under American Indian religious or cultural sites resource condition, above, for supporting information concerning this determination. Endangered Species Act This project complies with this Act. Refer to discussions under wildlife, fisheries, and plant resource conditions, above, for supporting information concerning this determination. National Forest Management Act My decision has been determined to be consistent with standards and guidelines associated with the Boise National Forest Land and Resource Management Plan (Forest Plan) as amended in 2010 (USDA Forest Service 2010a); please refer to Forest Plan Consistency Checklist in the Project Record. My decision does not include any commercial timber harvest activities and will comply with the applicable requirements found at 36 CFR (b). Clean Water Act and State Water Quality Standards This project complies with appropriate State water quality standards and the Clean Water Act. Refer to discussions under floodplains and municipal watersheds resource conditions and the Forest Plan Consistency document in the Project Record. Executive Orders and Wetland and floodplain communities support a unique variety of vegetation that provide food and cover for many mammals, birds, and amphibians, and have an important influence on aquatic habitat conditions. Protection of these areas is required by direction in the Forest 6

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8 Appendix A Project Design Features One temporary sign would be in place during the winter operation season. Two portable toilets would be located onsite. All waste and gray water would be removed from the site daily. No re-fuelling of propane tank would occur during the winter season. Propane tank would be filled prior to the winter season and be expected to last all winter long. Propane tank would be removed at the end of the winter operating season. Only certified weed free hay would be used on the hay ride wagons. A fire pit would be utilized during the fire season as long as no fire restrictions are in place. 8