Mount Shasta Nordic Center Special Use Authorization Re-issuance

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1 United States Department of Agriculture Forest Service Shasta-Trinity National Forest Headquarters 3644 Avtech Parkway Redding, CA (530) (530) TDD File Code: 2700 Date: November 23, 2011 Route To: File Subject: To: Mount Shasta Nordic Center Special Use Authorization Re-issuance Project File BACKGROUND This letter documents my decision to re-issue the special use authorization (SUA) (scoped as Mount Shasta Nordic Center Special Use Permit Re-issuance) to the Mount Shasta Nordic Ski Organization for operation and maintenance of the Mount Shasta Nordic Center (Nordic Center), located on approximately 40 acres of National Forest System lands on the Shasta-McCloud Management Unit of the Shasta-Trinity National Forest. The permit (authorization) area is located in Township 40 North, Range 3 West in portions of Sections 16, 17 and 20, Mt. Diablo Meridian. The permit area is adjacent to the Mount Shasta Ski Park between the communities of Mount Shasta and McCloud, California (refer to Attachment A). The Nordic Center, originally developed by the Wintun Development Corporation in 1992, has been in operation since that date. An Environmental Assessment (EA) was prepared and a Finding of No Significant Impact and accompanying Decision Notice were signed in 1991, authorizing the first special use authorization. Surveys were conducted for archaeological, biological and botanical resources of concern and none were identified. Public comments provided during the original scoping for the 1991 SUA included a concern raised by representatives of the Pit River Tribe during consultation about possible subsurface heritage resources. In addition, community members raised concerns about displacing current snowmobile use along the road system proposed for groomed trail use. Mitigations to address these concerns included establishing a signed bypass route for snowmobiles to safely cross the permit area and notifying the Pit River Tribe prior to any ground disturbing activity, so they could provide an onsite tribal monitor if desired. In 2005, ownership of the Nordic Center and operation of the permit was transferred from the Wintun Development Corporation to the Mount Shasta Nordic Ski Organization, however, operation of the Nordic Center facility continued without modification. In 2006, the Shasta-Trinity National Forest completed an EA with a Finding of No Significant Impact for the Mountain Thin Vegetation and Fuels project that encompasses the entire permit area for the Nordic Center. Additional surveys were conducted within the Nordic Center permit area as part of the effects analysis for the Mountain Thin project, including archaeological, botanical, biological, soils and hydrologic resources. The analysis for the Mountain Thin project did not identify any new or additional resources of concern within the permit area Caring for the Land and Serving People Printed on Recycled Paper

2 for the Nordic Center and a Finding of No Significant Impact and Decision Notice were issued on February 10, The Nordic Center operates during the winter months when there are at least 14 inches of snow on the ground. There is an existing 1.5 acre parking area, a temporary lodge (yurt structure), portable restrooms, public information signs and approximately 25 kilometers of groomed skate skiing and track skiing trails located on existing National Forest System roads or within openings in Forest Service plantations. In addition, the Nordic Center offers snowshoeing on approximately 8 kilometers of non-groomed trails (with temporary trail markers) within the permit area. There is no summer use proposed or authorized. PROPOSED ACTION The re-issuance of the special use authorization for operating and maintaining a winter sports resort including parking, temporary lodge, groomed and signed trails, and other ancillary facilities, is proposed for up to a 10-year period and is subject to compliance with the terms and conditions specified in the permit. The proposal does not authorize any vegetation removal without prior approval of the authorized officer. It does not authorize the construction of new roads, trails or buildings and does not include any modification of the existing operation or facilities. Operation of the Nordic Center is seasonal and generally begins in November or December, depending on snow conditions as described above and extends through March or early April. The special use authorization includes: 25 kilometers of groomed Nordic ski trails with trail markers 8 kilometers of packed snowshoe trails with trail markers Entrance/Entry sign at the intersection with Ski Park Highway (Forest Road 40N88) A plowed and graded native surface parking area (approximately 1.5 acres, for up to 100 vehicles) and staging area (existing) 16' circular temporary lodge (yurt) with access ramp for rental skis, ticket sales, food sales (prepackaged only) Four (4) portable toilets Three (3) temporary storage trailers (wood, rental equipment, snow blower, etc.) Picnic tables, steel fee tube for donations Signed and compacted snowmobile bypass trail Authorized Services would include: Operation and Maintenance of the Nordic facilities Lessons and Clinics Recreation Events (Races) Grooming (both groomer and snowmobile) and snow removal Ski Patrol Ski and equipment rental Pre-packaged food service Informational Programs and afterschool youth program 2

3 The proposed re-issuance of this special use authorization was listed in the Shasta-Trinity National Forest Schedule of Proposed Actions on October 1, 2011 and subsequent letters requesting comments and input were sent to adjacent landowners, interested parties, the State Water Board and the Pit River Tribe on October 8, One comment letter was received from Conservation Congress, which included the following specific concerns: It appears the Center is entirely in Critical Habitat for the Northern spotted owl. We request to see the BA that was conducted for this project back in 1992, and the BO if the Forest formally consulted on the project. If there are not a BA and BO then these analyses should be conducted prior to the issuance of any SUA. We also would like to know if the current Environmental Baseline for the owl includes this removal of habitat: A Biological Assessment (BA) was not prepared in 1992 nor did we request consultation or a Biological Opinion. The permit area is not located within designated critical habitat for the northern spotted owl. The U.S. Fish and Wildlife Service provided technical assistance to the project biologist on November 3, 2011 during the quarterly Level 1 Meeting and a Biological Assessment was completed on November 4, The Biological Assessment determined that the proposed special use authorization would have no effect on the northern spotted owl, or its designated critical habitat. Considering the Center includes a parking area, temporary lodge, restroom, etc. there was clearly a removal of critical habitat. How is the lodge considered temporary if it has been in use for almost 20 years? There is no designated critical habitat within the Nordic Center permit area; neither the prior 1992 nor current 2008 designation (2011 Biological Assessment and 2006 Mountain Thin Vegetation and Fuels project EA). No critical habitat is affected by the Nordic Center operation. The temporary canvas lodge is removed annually at the conclusion of each season. Since snowmobiles use the Center the issue of loud noise for long periods of time should be considered in the BA. There are also snowshoe trails that are likely used by many people on a regular basis. Basically any activities that may affect the owl need to be analyzed in a BA The 2011 Biological Assessment (BA) considered the best available scientific information regarding impacts on northern spotted owl in regards to potential noise disturbance from the recreating public (snowshoeing, snowmobile operation). The BA also includes a management recommendation for the Nordic Center specifying protocols in the event that a new spotted owl nest is discovered in the permit area. This concern is addressed in Standard Clause XI. H. Protection of Habitat of Threatened, Endangered, and Sensitive Species of the Ski Area Special Use Permit. DECISION I have decided to re-issue a special use authorization to the Mount Shasta Nordic Ski Organization for operation and maintenance of the existing Mount Shasta Nordic Center for a period of up to 10 years. 3

4 Decisions may be categorically excluded from documentation in an environmental impact statement or an environmental assessment when they are within one of the categories found at 36 CFR (d) and (e), and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative environmental effect. In accordance with Forest Service Handbook Section 30.3(2), the following resource conditions were considered in determining whether extraordinary circumstances related to the proposed action warrant further analysis and documentation in an Environmental Assessment or Environmental Impact Statement 1 : Federally listed threatened or endangered species (TES) or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species TES species and habitat were reviewed for potential impacts from the proposed special use authorization. A Biological Assessment was prepared that determined the reauthorization would have No Effect on the northern spotted owl or its designated critical habitat. If northern spotted owl or any other TES species are identified in the permit area, as per Standard Clause XI. H. Protection of Habitat of Threatened, Endangered, and Sensitive Species of the Ski Area Special Use Permit the authorized officer may specify additional protective and mitigative measures. There are no federally listed Threatened or Endangered plant species within or near the permit area. There were no target Survey and Manage species (terrestrial or aquatic mollusks or the Shasta salamander) found within the project area (refer to Attachment B). There are no known extraordinary circumstances that would preclude the use of a categorical exclusion for threatened, endangered or sensitive wildlife or plant species. The reauthorization will not affect TES fish or aquatic species as there is no suitable habitat within the permit area. Flood plains, wetlands, or municipal watersheds The 40-acre permit area lies between Panther Creek, Bear Springs and McGinnis Springs in portions of a Forest Service plantation. Some areas become wet during snowmelt, however the Operations Plan specifies that any trail that becomes saturated during spring months will be closed to use and grooming. In addition, the Operations Plan specifies that erosion control measures are utilized to prevent natural runoff from eroding trails or the parking area. No extraordinary circumstances exist for this resource condition. Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas Not present, therefore no congressionally designated areas will be adversely affected by this action. No extraordinary circumstances exist for this resource condition. 1 The mere presence of one or more of these resource conditions does not preclude the use of a categorical exclusion (CE). It is the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions, and 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 (36 CFR (a)(2)). 4

5 Inventoried roadless areas or potential wilderness areas None present, therefore no inventoried roadless areas or potential wilderness areas will be adversely affected by this action. No extraordinary circumstances exist for this resource condition. Research natural areas Not present, therefore no research natural areas will be adversely affected by this action. No extraordinary circumstances exist for this resource condition. American Indians and Alaska Native religious or cultural sites During the original 1991 consultation with the Pit River Tribe, no traditional cultural properties were identified, however the Tribe requested the opportunity to provide an on-site monitor in the event that any ground disturbing activities were undertaken during future ski area improvements. No extraordinary circumstances exist for this resource condition. Archaeological sites, or historic properties or areas No archaeological sites or sites eligible for National Historic Register listing were identified during the analysis for the 1991 or 2006 Environmental Assessment, and none will be adversely affected by the authorization re-issuance. No extraordinary circumstances exist for this resource condition. See above. Any environmental effects will be limited in terms of duration, intensity and degree of disturbance (potential noise disturbance to wildlife). All practicable means to avoid or minimize environmental harm have been adopted. The Management Recommendations listed in the Biological Assessment 2 and the terms and conditions of the special use authorization (see clause XI.H. referenced above) will be adhered to throughout the duration of the authorization. Based on the assessment of resource conditions that may be affected by the project, there are no known extraordinary circumstances that would preclude the use of a categorical exclusion and therefore, the project is categorically excluded from documentation in an environmental impact statement or an environmental assessment. The proposed action is a routine activity that qualifies as one of the defined categories under FSH , Section (9); Issuance of a new permit for up to the maximum tenure allowable under the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b) for an existing ski area when such issuance is a purely ministerial action to account for administrative changes, such as a change in ownership of ski area 2 In the event that a new nest is discovered after Special Use Authorization is issued, the FWS will be notified and if deemed necessary, a limited operating period for nesting owls (no activity from February 1 September 15) will be requried within ¼ mile of the nest site(s). 5

6 improvements, expiration of the current permit, or a change in the statutory authority applicable to the current permit. 36 CFR 220.6(d)(9) FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS I find that the actions to be implemented by this decision are consistent with laws, regulations, and policy, as well as the Record of Decision for the Final Environmental Impact Statement for the Shasta-Trinity National Forest Land and Resource Management Plan (Forest Plan), April 28, This decision is consistent with the Shasta-Trinity National Forest Plan Goal to manage the Shasta-Trinity National Forest land base and resources to provide a variety of high quality outdoor experiences (Forest Plan, page 4-5). Re-issuing the authorization for operation of the Mount Shasta Nordic Center is consistent with Forest Standards and Guidelines to create additional opportunities for winter recreation, including alpine skiing, cross-country ski areas, snowmobile areas, and snow play areas and Promote partnerships with user groups to assist in the operation, maintenance and development of recreation sites and facilities (Forest Plan, page 4-24). This decision is not subject to comment or administrative review or appeal, as per 36 CFR 215.4(a), 36 CFR (f) and FSH Chapter 30, Section 31.1(2). This category of action is applicable to reauthorize the existing Mount Shasta Nordic Center permit for a period of up to 10-years consistent with the terms of the authorization and implementation may begin immediately. /s/ Brenda Tracy (for) November 23, 2011 J. SHARON HEYWOOD Date Forest Supervisor The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C , or call (800) (voice) or (202) (TDD). USDA is an equal opportunity provider and employer. 6

7 ATTACHMENT A 7

8 ATTACHMENT B MT. SHASTA NORDIC CENTER; AUTHORIZATION RE-ISSUANCE ADDITIONAL SURVEY INFORMATION Threatened and Endangered Species: Biological Assessment Mt. Shasta Nordic Center Special Use Authorization-November 4, 2011 The Biological Assessment determined that: The permit reauthorization will have no effect on suitable northern spotted owl nesting, roosting or foraging habitat. The permit reauthorization will have no effect on critical habitat as there is no designated critical habitat within the permit area; neither the prior 1992 nor current 2008 designation. Daily grooming, skiers, snowshoeing and large groups of school children could possibly create noise disturbance in potential foraging habitat for northern spotted owl. There would be no disturbance in nesting/roosting habitat. Snowmobiles occasionally use the bypass trail that connects USFS road 31 to the Mt. Shasta Ski and Snowboard Park. Recreational snowmobiles are not allowed on the groomed ski trails within the Nordic Center. Technical assistance on the proposed permit reauthorization was also provided by USFWS biologists at the quarterly Level 1 meeting, U.S. Fish and Wildlife Service Office in Yreka, CA on November 3, Though consultation on and/or concurrence with no effect determinations is required (ESA Consultation Handbook, March 1998), discussions regarding the location of, proposed use and habitat conditions within and surrounding the Nordic Center permit area were discussed. Forest Service Sensitive Species: Biological Evaluation Mt. Shasta Nordic Center Special Use Authorization-November 4, 2011 The Biological Evaluation considered potential effects that the permit reauthorization may have on Forest Service sensitive species (terrestrial and aquatic wildlife, mollusk and fish species), and the potential for federal listing and/or loss of population viability. Though surveys were not completed, the survey records and analysis completed for the Mountain Thin Vegetation and Fuels Management project, as well as professional judgment and direct knowledge of habitat conditions within the permit area, were referenced. The Biological Evaluation determined that American marten may be affected, but the impacts (noise disturbance, temporary displacement) would not lead to a trend in federal listing or loss of viability for this species. The remaining 28 sensitive species from the October 15, 2007 Regional Forester s sensitive species list would not be affected because there is either no suitable habitat within the permit area, or the permit area is outside of the species range. The Biological Evaluation also determined that there would be no effect to Forest management indicator assemblages or migratory bird species as operations will not modify vegetation or assemblage habitat and will only occur during the winter season when migratory birds are not present in the permit area. 8

9 Terrestrial & Aquatic Survey and Manage Species: Gateway Trail Project, January 28, 2011(Mountain Thin Surveys Used) Protocol surveys were conducted for terrestrial mollusks during analysis for the Mountain Thin Vegetation and Fuels Project. No target species were located during surveys. As such there will be no direct, indirect or cumulative effects on any survey and manage terrestrial mollusk species. In addition, due to the lack of suitable habitat, there will be no direct, indirect or cumulative effects on the Shasta salamander or aquatic mollusk species. Biological Evaluation/Assessment for Threatened, Endangered and Sensitive Plants Mt. Shasta Board and Ski Park Cross-Country Trail Relocations, April 17, 2002 Adequate biological assessment has been completed to determine the effects of this proposed project on the plant species currently listed as Threatened, Endangered or Proposed by the USFWS, and Sensitive by the USDA Forest Service Region 5. Based on the information summarized above, and my professional opinion, it is my determination that the Mt. Shasta Board and Ski Park Cross-Country Trail Relocations Project will have no effect on the abovelisted species, or their viability. Supplemental Project Assessment for Survey and Manage Plant Species, Noxious Weeds and Unique Botanical Resources: Mt. Shasta Board and Ski Park Cross-Country Trail Relocations, March, 8, 2004 Because survey results determined that no Survey and Manage plant species occur within the proposed project site, this project will have no direct or indirect effects on these species, nor contribute to any negative cumulative effects to the species. The project will not affect the viability of any Survey and Manage plant populations or species. This project is not expected to have any negative impacts on any other unique botanical elements. It is not likely to contribute to the introduction or spread of invasive weeds or plant diseases. 9