Beaverhead-Deerlodge National Forest Pintler Ranger District

Transcription

1 United States Department of Agriculture Forest Service Beaverhead-Deerlodge National Forest Pintler Ranger District 88 Business Loop Philipsburg, MT File Code: 1920 Date: April 20, 2012 Dear Interested Party: The Pintler Ranger District is publishing the Jubilee Trail project for a 30-day scoping and public comment. Please see the How to Comment section on page 5 of this document for information on commenting on the project. Background Discovery Basin Ski Area is located on the Pintler Ranger District of the Beaverhead-Deerlodge National Forest and is located between the towns of Philipsburg and Anaconda in sections 20, 21 and 28 of T6N, R13W. Discovery has been operating under a 40 year Ski Area Term special use permit since 1999 which authorizes the operation of a winter sports resort. This permit encompasses approximately 2,100 acres of National Forest System (NFS) lands. The project area is located in the Georgetown Lake Management Area in the Clark Fork-Flints Landscape. Purpose and Need Discovery Ski Area is proposing to construct a winter only ski trail between the Sapphire and Gold Bug runs to reduce congestion and improve skier safety. The base area between the lodge and the bottom of the Easy Chair and Totemoff Magic Carpet is the transition area from the lodge to the ski runs. Skiers and boarders, along with spectators spend time in this area putting on equipment, waiting for friends or watching the ski school activities. It is the staging area for the ski school and due to its mellow slopes is used as a beginner teaching area. Parents and spectators tend to stand outside in this area to supervise while their children learn to ski. In addition, this area is the primary access trail for skiers and boarders to get to the Jubilee Chair lift once they have reached the bottom of the mountain. By providing an alternative ski trail, this proposal would improve the health and safety for ski area users by reducing congestion and conflicts between ski area visitors, beginners, and more advanced skiers. Additionally, this trail would enhance the recreation experience by allowing an alternative and more direct route to the bottom loading terminal of the Jubilee lift. Proposal The proposed Jubilee Trail would be located between the Sapphire and Gold Bug runs. This would be a winter only trail. The trail will be approximately 350 feet long and 16 feet wide. The proposal would include the removal of approximately 100 trees. These trees would be felled and transported over the snow to a decking area in the Discovery parking lot with the use of a groomer, as snow conditions allow. The cut trees will be decked in the parking lot where the Forest Service will determine the most appropriate method for Caring for the Land and Serving People Printed on Recycled Paper

2 removal. All stumps will be either cut to less than 6 inches in height or ground flush with the ground. No blading or ground disturbance will occur. This route crosses a tributary to Discovery Creek; however, as a winter trail only, no modification to the creek or its banks would occur. Should snow melt occur while the area is in operation, the route will be blocked off to avoid crossing the creek. Mitigation and Design Features Heritage If cultural resources sites or artifacts are discovered during project implementation, the Forest Archeologist will be notified immediately. Recreation/ Scenery Avoid straight lines in laying out the trail, and minimize width to that necessary to accomplish project objectives. Soils Stump grinding will occur in the summer when soils have dried. Aquatics and Hydrology Stumps will not be removed to minimize loss of soil to the stream and to protect stream bank stability; Project will be completed during snow cover to minimize potential disturbance in the RCA; Fell a few trees (2-4 trees) near or across the stream to improve the large woody debris component. Vegetation Noxious weeds will be controlled following procedures in the Noxious Weed Control Program ROD (2002) for the Beaverhead-Deerlodge National Forest. Reasons for Categorically Excluding the Proposed Action An action may be categorically excluded from further analysis and documentation in an environmental impact statement (EIS) or environmental assessment (EA) if it is within one of the categories identified by the USDA in 7 CFR part 1b.3 or 7 CFR part 1b.3 or 36 CFR 220.6(d) or (e), and there are no extraordinary circumstances related to the decision that may result in a significant individual effect on the quality of the human environment. This project has been reviewed in accordance with FSH Chapter 30. I have determined the project fits the following category: 36 CFR 220.6(e)(3): Approval, modification, or continuation of special uses of NFS lands that require less than 5 contiguous acres of land. My decision will be based on a review of the project record that shows a thorough review of relevant scientific information, a consideration of responsible opposing views, and the acknowledgement of incomplete or unavailable information. The record includes the following resource specialist reports: 2

3 3 Biological assessments and evaluations for Aquatic, Botany, and Wildlife TES species Tribal and heritage resource findings Soils report Hydrology report Recreation report Scenery report By definition, categorical exclusions do not individually or cumulatively have significant effects on the human environment (40 CFR ). Resource specialists considered direct and indirect effects from the proposed action coupled with past, present, and reasonably foreseeable actions. I have examined the proposed action and the effects analyses disclosed in the resource specialist reports listed above and conclude that without notable individual effects from the proposed action, there would be no discernable cumulative effects. The interdisciplinary team reviewed the resource conditions listed in FSH Chapter 30 (32.2) and other concerns applicable to this project to determine whether any extraordinary circumstances exist. The mere presence of one or more of the resource conditions listed below does not preclude the use of a categorical exclusion. 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 potential effect of a proposed action on these resource conditions that determine whether extraordinary circumstances exist. The resource specialist reports have provided the necessary information to make a determination on the cause-effect relationship between the proposed action and the potential effect on the resource conditions listed in the table below, and thus the presence of extraordinary circumstances. RESOURCE CONDITION Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. Floodplains, wetlands, or municipal watersheds. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas. Inventoried Roadless Areas POTENTIAL Threatened or Endangered Species: There would be no effect to bull trout and grizzly bears. Sensitive Wildlife Species: Activities may impact bald eagle, black-backed woodpecker, fisher, flammulated owl, and townsend s big eared bat, but will not likely contribute to a trend towards federal listing or loss of viability to the population or species. No Impact or Effect on all other sensitive terrestrial or aquatic species. No municipal watersheds or wetlands are present in the project area. Impacts to RCA s that will be crossed maybe impacted, however, if mitigation for the RCA are applied, the proposed activities should not significantly alter aquatic habitat or water quality. No congressionally designated areas occur in or near the project; therefore no negative impacts to any congressionally designated areas are projected. There are no inventoried roadless areas within the project area however the Fred Burr IRA is adjacent

4 RESOURCE CONDITION Research Natural Areas American Indians and Alaska Native religious or cultural sites. Archaeological sites, or historic properties or areas. POTENTIAL to the project area. There are no negative impacts to any roadless areas projected. There are no research natural areas within the project area. Therefore, negative impacts to any research natural areas are not projected. Potential adverse impacts to religious, cultural, or archaeological sites, or historic properties or areas are not anticipated. In compliance with the Region 1 Programmatic Agreement between the Forest Service and the Montana State Historic Preservation Officer a formal Section 106 consultation report documenting this undertaking will be completed following the field season. Based on these findings, it is my preliminary determination that a categorical exclusion is appropriate in this situation because the proposed action fits within the category described above and there appear to be no extraordinary circumstances present. Public comments on this proposal are invited and encouraged. No decision has been made yet. This comment period provides those interested in or affected by this proposal an opportunity to make their concerns known prior to a decision being made by the Responsible Official. Only those who provide timely comments will be eligible to appeal the decision pursuant to 36 CFR part 215 regulations. Comments received in response to this solicitation, including names and addresses of those who comment, will be considered part of the public record and will be available for public inspection. Scoping and Public Comments A scoping period was provided from December 14, 2011 January 17, The letter was mailed to 68 interested groups and individuals. The project was also posted on the SOPA December 15, One response was received from Montana Fish Wildlife and Parks stating that the FWP has no comments. No other comments were received. Forest Plan Direction Developed Sites: High quality developed recreation facilities are strategically located to concentrate use, provide access to backcountry settings, and protect natural resources. Sites are clean, well maintained, and designed for universal accessibility (FP, page 31). Commercial Recreation: Permitted guiding, outfitting, and resort operations enhance visitor access and enjoyment, help achieve forest management objectives and contribute to regional and local economies (FP, page 31). Findings Required by Law National Forest Management Act - The Beaverhead-Deerlodge National Forest Land and Resource Management Plan (Forest Plan) was approved in 2009, as required by this Act. The Forest Plan has been reviewed in consideration of this project and the project meets all applicable management direction found in the 2009 Beaverhead-Deerlodge Forest Plan including consistency with all applicable standards. 4

5 Endangered Species Act - See the Reasons for Categorically Excluding the Proposed Action Section of this document for a summary of the effects of this project to Endangered, Threatened, or Candidate Species. The summary is based on a more thorough analysis available in the project record. This project is consistent with the requirements of the Endangered Species Act. Sensitive Species (Forest Service Manual 2670) - This direction requires analysis of potential impacts to sensitive species and the Regional Forester approved the sensitive species list on October 28, Our review of the potential effects of this decision upon the sensitive species has been completed and the analysis documented in the project file and Resource Condition Table above. Environmental Justice (Executive Order 12898) - This Order requires consideration of whether projects would disproportionately affect minority or low-income populations in or around the project area. Based on internal review and public scoping, the proposed action did not identify any adversely impacted local minority or low-income populations. Clean Water Act The intent of the Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through the use of Best Management Practices (BMPs). This decision incorporates Best Management Practices to ensure protection of soil and water resources and complies with the Clean Water Act and State water quality standards. Clean Air Act Under this Act, areas of the country were designated as Class I, II or III airsheds for Prevention of Significant Deterioration purposes. There will be no air quality impacts as a result of this decision. The National Historic Preservation Act As discussed earlier in this document and in detail in the project file, impacts to cultural resources are not expected. Migratory Bird Treaty Act There will be no known substantial losses of migratory bird habitat expected from the implementation of this proposal. National Environmental Policy Act - This Act requires public involvement and consideration of potential environmental effects. This document and the project record provide documentation for this decision which supports compliance with this Act (See Section II of this document). Other Laws or Requirements The proposed action is consistent with all other Federal, State, and/or local laws or requirements. How to Comment and Timeline Public comments on this proposal are invited and encouraged. No decision has yet been made. This comment period provides people interested in, or affected by, this proposal an opportunity to make their concerns known prior to a decision by the Responsible Official. Only those who provide timely comments will be eligible to appeal the decision pursuant to 36 CFR part 215 regulations. Comments received in response to this solicitation, including names and addresses of those who comment, will be considered part of the public record and will be available for public inspection. Written, facsimile, hand-delivered, oral, and electronic comments will be accepted for 30 calendar days following publication of the legal notice in the Montana Standard. The publication date in the newspaper of record is the exclusive means for calculating the comment period for this proposal. You should not rely upon dates or timeframe information provided by any other source. For appeal eligibility each individual or representative from each organization submitting comments must either sign the comments or verify identity upon request. 5

6 Written comments should be mailed to: District Ranger, Pintler Ranger District, 88 Business Loop, Philipsburg, MT 59858, Telephone (406) / FAX (406) , your comments to: comments-northern-beaverhead-deerlodge@fs.fed.us and please type Jubilee Trail in the subject line. For electronically mailed comments, the sender should normally receive an automated electronic acknowledgement from the agency as confirmation of receipt. If the sender does not receive an automated acknowledgement of the receipt of comments, it is the sender s responsibility to ensure timely receipt by other means. Acceptable electronic formats include text (i.e. ASCII text or html) and Word or PDF documents. The district office is open from 8:00 AM to 4:30 PM Monday through Friday excluding federal holidays for hand-delivered comments. Comments should include: 1) name, address, phone number, and organization represented, if any; 2) title of project on which the comments are being submitted; and 3) specific facts and supporting information for the responsible official, Charlene Bucha Gentry, District Ranger, to consider. If you would like more information, please call Jenni Blake at (406) Sincerely, /s/ Charlene F Bucha Gentry CHARLENE F. BUCHA GENTRY District Ranger 6