DECISION MEMO FOR REISSUANCE OF OUTFITTER/GUIDE PERMITS (CATEGORICAL EXCLUSION)

Transcription

1 DECISION MEMO FOR REISSUANCE OF OUTFITTER/GUIDE PERMITS (CATEGORICAL EXCLUSION) Located on National Forest System Lands USDA Forest Service, Southwest Region (R3) Kaibab National Forest - North Kaibab Ranger District Coconino and Mohave Counties, State of Arizona I. Introduction / Background The USDA Forest Service, Kaibab National Forest North Kaibab Ranger District has 14 existing outfitter/guide permits, which authorize a variety of activities. Forest Service policy (FSH ) allows for the use of the national forests by commercial outfitters and guides. Outfitters/guides provide knowledge, skills, and equipment that visitors do not always have and that may be needed to participate in certain recreation opportunities on National Forest System (NFS) lands. The Forest Service recognizes the value of partnering with permitted outfitters/guides to provide the recreating public these opportunities. This partnership can also enhance the Forest Service s ability to protect the natural and cultural resources under its jurisdiction, as outfitters/guides can assist the agency in monitoring resource conditions and visitor use and they can educate their clients on land use ethics. This Decision will provide for the reissuance of 14 temporary Special Use Permits (SUPs) as priority SUPs for continued operations on the North Kaibab for various outfitters and guides. Permit Activity Locations: The 14 Special Use Authorization (SUA) permits or SUPs are not limited to travel in specific locations on the NKRD; they utilize system roads, trails and dispersed campsites. Operating Plans outline trip itineraries and locations for each outfitter/guide, which are approved on an annual basis. The following locations are the primary use areas of each type of SUA permit: Guided Hunts: Arizona Game and Fish Hunting Units 12A west & 12A east. Mountain Bike tours: Rainbow Rim vicinity & Arizona Trail. Backpack trips: Kanab Creek & Saddle Mountain Wilderness Areas Geographically, the re-issuance of permits covers various locations upon the NKRD. Most activities will be conducted either within the higher elevations of the Kaibab Plateau, with Ecosystem Management Area or Geographic Area (GA) number thirteen (13), or within the lower parts of the west side of GA number twelve (12) within the pinyon-juniper zone which transitions to the lower canyons such as the Kanab Creek drainage. There are a few activities which will be permitted for the Wilderness areas (Kanab Creek and/or Saddle Mountain Wilderness). The western half of Kanab Creek lies within Mojave County, Arizona. The project areas legal location is basically the whole NKRD which lies within Townships 34 North through 40 North, Ranges 1 West through 4 West, and Ranges 1 East through 5 East, of the Gila and Salt River Baseline and Meridian, Coconino & Mojave Counties, Arizona. May 2013 Page 1 of 9

2 Purpose and Need: This action is needed to comply with the Forest Service Policy, which requires that the District convert temporary outfitter/guide permits to priority status within a reasonable timeframe. These permits have been in temporary status and reissued annually for up to 10+ years. The companies are in good standing, operating under the conditions of their approved operating plans. Policy directs that these permits now be issued for 10-year terms. The District has not performed a needs assessment/ recreation capacity analysis, so it is unknown whether current use falls within capacity limits. However; based on past use and to the knowledge of the NKRD staff, outfitter and guide operations on the NKRD occur infrequently and with few members in any one group, typically fewer than 5 trips/year with less than 10 participants. Groups use established dispersed campsites with existing fire rings and appropriate RV or tent sites to accommodate their group size and vehicles. Guides are not allowed to manipulate vegetation and adhere to Leave No Trace principles. Guides utilize existing trails and roads, and do not create or utilize social trails. II. Decision and Rationale My Decision to authorize ten-year priority use permits for commercial outfitter/guide use to the operators listed in Table 1 below, for the activities, areas and timeframes listed. Actual allocations may vary slightly from listed figures. Use will be authorized as either priority (issued for a term of 10 years and available for reissuance upon expiration) or transitional (issued on an annual basis). Use will be issued in terms of user days. Each trip may entail multiple clients. Table 1. Operators, Activities, Areas & Timeframes of Use Outfitter/Guide Activity Area Timeframe Wildland Trekking Backpacking GA 12 & 13 Four Season Guides Service Sierra Club Outings Backpacking into GCNP Expedition Therapy Associates Arizona Big Game Hunts Chad s Guide Service Clay Bundy Outfitters Desert Pines Guide Service Johnson Brother s Guide Service Tory Brock Outfitters United States Outfitters Adventure Cycling Discovery Treks, LLC Alaska Ultra Sport Hiking/Canyoneering, Environmental Education Hunting (Various Species, including buffalo, elk, mule deer, mountain lion, turkey, as well as other various small game animals) Mountain Biking & Camping Mountain Biking (no camping) as well as Kanab Creek & Saddle Mountain Wilderness Areas Hunting Units 12-A West & 12-A East GA 12 & 13; Arizona Trail & southwest corner of NKRD Seasonal (May-November) with an occasional winter trips into the wilderness areas Seasonal As Dictated by Arizona Game and Fish Hunting Regulations Seasonal (May-November) May 2013 Page 2 of 9

3 Rational / Findings: This Decision has been made following a process, which included; a review of information provided by the assigned project lead, a review of Forest Plan standards and guidelines, as well review of the internal scoping comments from the Forest Service Resource Specialists. Each SUP will maintain the necessary annual documentation to fulfill the requirements as determined in the Forest Service Manual and Handbook for Special Uses administration. Since there are no extraordinary circumstances related to the re-issuance or authorization of outfitter and guide SUA permits, these activities are categorically excluded from further analysis and documentation in an EIS or EA, as indicated below. The issuance of a new SUA for a new term to replace an existing or expired SUA when the only changes are administrative, and 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 SUA. Cited as category 36 CFR 220.6(e)(15) from (15). This category of action(s) is applicable because the only change is an administrative one (i.e., the term of the permit). Based on issuance of past SUPs, there is no change in the proposed locations or duration for the outfitter and guide permits. Per the FSH National Environmental Policy Act Handbook, a supporting record has been completed, and the decision is documented in this DM for the CE. In light of a recent court ruling (Sequoia ForestKeeper v. Tidwell, 11-cv LJO-DLB (E.D. Cal.)), the Forest Service will provide public notice, comment, and opportunity for administrative appeal for projects and activities documented with a Decision Memo (36 CFR 220.6(e)) until new instructions are issued by the Washington Office, or the Agency issues regulations addressing the Court s ruling. Since the proposed project is covered under the application of an existing CE and requires a DM, the project is currently subject to appeal procedures set out in 36 CFR 215. Consistency with the Forest Service s Mission Statement: The Forest Service s mission states: It is the mission of the USDA Forest Service to sustain the health, diversity, and productivity of the Nation s forests and grasslands to meet the needs of present and future generations. Recreation and special use permits play an important role in management of the forest and the diverse roll it offers to the public through commercial operations. The SUA permits or SUPs are required by Forest Service policy for any guided commercial activities which conduct business on NFS lands. Forest Plan Consistency: The re-authorization or re-issuance of SUPs is consistent with the Kaibab National Forest Land Management Plan (April 1988, as amended). May 2013 Page 3 of 9

4 Findings Required by Other Laws, Rules, and/or Regulations: The project is consistent with all other Federal, State, and/or local laws or requirements for the protection of the environmental and cultural resources. This decision is fully consistent with the National Environmental Policy Act of 1969, the National Forest Land Management Act of 1976, the Endangered Species Act (1973), the National Historic Preservation Act (1966), the Clean Water Act (1972) and other relevant laws and regulations under which the Forest Service operates. The Endangered Species Act (1973) Project resource specialists evaluated the project for compliance with the Endangered Species Act and other laws, rules, and regulations (as applicable), and determined that there were no effects which required further Environmental Analysis. National Historic Preservation Act (1966) The Forest Service program for compliance with the National Historic Preservation Act includes locating, inventorying and nominating all cultural sites that may be directly or indirectly affected by scheduled activities. This project does not include ground disturbing activities and no impacts to cultural resources are expected. This activity has been reviewed by a qualified archeologist and a determination made that no known cultural resources will be adversely affected by this activity. The project is consistent with Forest Plan direction and Section 106 of the National Historic Preservation Act. Floodplain Management (E.O ), Protection of Wetlands (E.O ) This activity will not impact the functional value of any floodplain as defined by Executive Order and will not have negative impacts on wetlands as defined by Executive Order Environmental Justice (E.O ) I have determined that, in accordance with Executive Order 12898, this project does not have disproportionately high and adverse human health or environmental effects on minority populations and low income populations. Clean Water Act (1972) Based on discussions with the IDT concerning hydrology and the mitigation measures developed, this decision is consistent with the Clean Water Act and amendments. No permits are required for implementation of the decision. Clean Air Act (1970) This decision is in compliance with the Clean Air Act, which defines the National Ambient Air Quality Standards (NAAQS) for various sources of pollutants that must be met to protect human health and welfare, including visibility. Migratory Bird Treaty Act of 1918 There will be no known substantial loss of migratory bird habitat expected from the implementation of this action. Other Laws or Requirements Additionally, the following laws rules and regulations were considered regarding the decision making process for the proposed action or activity: the Grand Canyon Game Preserve Act of 1919, the National Forest Management Act of 1976, and all other relevant laws and regulations under which the Forest Service operates. May 2013 Page 4 of 9

5 Agency Resource Specialists or Inter-Disciplinary Team (IDT) member Review: On February 26, 2013, a Forest Service inter-disciplinary team (IDT) of resource specialists from the North Kaibab Ranger District initiated an internal review for the re-issuance or authorization of 14 Outfitters and Guides Special Use Permits. Resource conditions considered in determining whether extraordinary circumstances exist as they relate to the SUA Permit re-issuance, and whether or not they warrant further analysis and documentation in an EA, included but were not limited to the following: (1) Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species Determination: A wildlife biologist has determined that no threatened, endangered, or proposed plants, fish, amphibians, reptiles, birds, mammals, or invertebrates will be adversely affected by the project. While such species may be present within the project area, the potential impacts will be mitigated through adjustments to permittee operating plans and by educating permitted outfitter/guides on these subjects. See Appendix A for mitigation measures to be carried forward during implementation. (2) Flood plains, wetlands, or municipal watersheds; Determination: The project is not located within or near floodplains or municipal watersheds; no perennial or intermittent streams exist within the project area. Wetlands do exist on the NKRD; the permitted activities will have no effect on any of the existing wetland areas on the district, as all activities will be conducted away from water sources (i.e., not directly impacting springs, ponds, lakes or marshes). (3) Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas; Determination: There are limited outfitter/guide activities authorized in designated wilderness within the project area. This use is for hiking and/or camping and will not adversely impact the wilderness character of the area. There are no national recreation areas within the project area. (4) Inventoried Roadless Areas (IRAs); Determination: There are inventoried roadless and areas currently being evaluated for potential wilderness within the project boundary. Outfitter/guide use will not significantly impact these areas. (5) Research natural areas; Determination: There are no permitted outfitter/guide activities in Research Natural Areas within the project area. (6) American Indian cultural sites or areas; Determination: Cultural sites are present in the project area, but this action will not result in significant impacts to them. It is documented that allowing commercially guided use aids in the protection of these sites. (7) Archeological sites, or historic properties or areas Determination: Archeological or historic sites are present on the NKRD, but this action will not result in significant impacts to them. It is documented that allowing commercially guided May 2013 Page 5 of 9

6 outfitters and guides aids in the protection of these sites, as the guides have interest in protection of the sites from both a resource protection and commercial venture point-ofinterest for their businesses. Based on IDT resource specialists reviews and my familiarity with the NKRD, and outfitter and guide SUA permits or SUPs similar in nature, I have determined that there are no extraordinary circumstances that would warrant further analysis and documentation in an EA or EIS. The mere presence of one or more of these resource conditions does not preclude 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 determine whether extraordinary circumstances exist. (36 CFR 220.6(b)). Based on the best available information (i.e., science, environmental analysis, past experience upon the district, and professional judgment by resource specialists assigned to the NKRD) the re-issuance or authorization of continued use for outfitter and guide permits on the NKRD would be limited in context and intensity, resulting in de minimis or no impacts to either the physical or biological components of the environment (i.e., resources). Design features, mitigation and conservation measures, and best management practices (as provided in appendix A to this document) will be applied to the action of permit renewals to ensure that there is conformity with the Forest Plan and other applicable laws, rule, and regulations. III. Public Involvement Public comments were solicited through publication of a legal notice for public scoping and notice of intent to sign a DM, which was published on March 24, Due to the nature or reauthorization of permits being an administrative function, only the on-line notification process through the website was utilized. During the 30-day scoping and public comment period, no comments or letters were received in response to the legal notice notification with regard to the scoping notice and notice of intent to sign a Decision Memo for the outfitter and guide SUPs (Categorical Exclusion). Native American tribes were notified through a FS consultation letter dated April 11, 2013, which included the Fiscal Year 2013 Third Quarter, Schedule of Proposed Actions (SOPA) (04/01/2013 to 06/30/2013) for the Kaibab National Forest, Arizona. Due to the fact that no significant issues (internal or external) were raised with respect to the project s proposed activities, the project does not require further evaluation through an Environmental Assessment. A copy of this decision and information about the project has been posted on the USDA Forest Service web site at the following link: May 2013 Page 6 of 9

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8 APPENDIX A DESIGN FEATURES, MITIGATION MEASURES, AND BEST MANAGEMENT PRACTICES Cultural and Historic Sites Cultural sites are sensitive places, both physically and socially. The Forest Service will continue to monitor, at least annually, sites that outfitter/guides visit. Additionally, the following guidelines will be applied to all permits authorized for these sites. 1. Guides will immediately report any new damage or disturbance to archaeological sites to the District. 2. Guides and guests may not touch, trace, rub, or walk on any rock art image. Photographs are the only acceptable method of capturing rock art images. Guides and guests may not dig within an archaeological site or move or remove any artifact found on the ground surface. Guides and guests may not leave any object, including offerings, on Forest lands, regardless of whether it is an archaeological site. Guides will ensure that guests do not walk, sit, or lean on any walls or move stones within archaeological sites. 3. Guides will clearly inform guests that any interpretation of rock art images is uncertain at best. Any interpretation of individual rock art elements will be identified as personal conjecture. Guides will provide only responsible interpretation of archaeological sites that reflects the mainstream of modern scientific hypotheses and conclusions. 4. All guides who take clients to archaeological sites will be required to attend trainings on site stewardship, hosted by Forest Service archaeologists, as offered. Invasive Species To mitigate the further spread of invasive plant species occurring through transport on people and pack animals precautions should be taken with regard to Scotch Thistle, Cheat Grass, and Russian Thistle. These precautions are included in the annual operating plan and clients will be informed of them prior to trips into areas where these plant species are abundant. The prevention of further spread by pack animals will be mitigated by the use of weed free hay. It is recommended that pack animals and stock consume weed free feed/hay no less than 48 hours prior to entrance onto US Forest Service administered lands. May 2013 Page 8 of 9

9 APPENDIX A (Continued) DESIGN FEATURES, MITIGATION MEASURES, AND BEST MANAGEMENT PRACTICES CALIFORNIA CONDOR CONSERVATION MEASURES 1. Prior to the start of a permitted activity, the district will contact personnel monitoring California condor locations and movement on the district to determine the locations and status of condors in or near the permitted activity area. 2. If non-nesting condors occur within one mile of the permitted activity area, actions will be reviewed for condor concerns, and possibly postponed until the condors leave or are hazed by permitted personnel. 3. If condor nesting activity is known within one mile of the permitted activity area, then loud activities will be restricted during the active nesting season. The active nesting season is February 1- September 30. These dates may be modified based on the most current information regarding condor nesting and consultation with the district biologist and the Fish and Wildlife Service. 4. If condor nesting activity is known within 0.5 mile of the permitted activity area, then light and heavy noise producing activities in the project area will be restricted during the active nesting season. 5. If a condor visit occurs at a permitted activity area, activities will cease in the immediate area until the condor leaves on its own or until techniques are employed by permitted personnel which results in the individual condor leaving the area (e.g. hazing). 6. Outfitters and guides who are permit holders will be instructed to avoid interaction with condors and to immediately contact the appropriate district biologist or Peregrine Fund personnel if and when condor(s) occur at a construction site. 7. Outfitter and guide camps will be cleaned up at the end of each day that campsites are used (e.g., trash removed, scrap materials picked up) to minimize the likelihood of condors visiting the site. District staff may complete a site visit to the area to ensure adequate cleanup measures are taken. 8. To prevent water contamination and potential poisoning of condors, a vehicle fluid-leakage and spill plan will be developed and implemented for each project utilizing vehicles larger than pickup trucks and fire engines/pumpers and water tenders (i.e. 18-wheelers and skidders). It will include provisions for immediate clean-up of any hazardous substance, and will define how each hazardous substance will be treated in case of leakage or spill. The plan will be reviewed by the district biologist to ensure condors are adequately addressed. 9. Any presence of condors in a permitted activity area will be recorded and reported immediately to the district or assistant biologist. 10. Guests or personnel accompanying the permit holders will not haze condors. May 2013 Page 9 of 9