DECISION MEMO. Cheat-Potomac Ranger District Multiple Recreation Facilities and Related Granger-Thye Concessions Special Use Permit

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1 DECISION MEMO Cheat-Potomac Ranger District Multiple Recreation Facilities and Related Granger-Thye Concessions Special Use Permit United States Department of Agriculture Forest Service (FS) Eastern Region (R9) Monongahela National Forest (MNF) Cheat-Potomac Ranger District Grant, Pendleton and Randolph Counties, West Virginia I. DECISION TO BE IMPLEMENTED A. Location The locations of this decision are the following recreation facilities on the Cheat Potomac Ranger District of the Monongahela National Forest: Stuart Recreation Area (including the Day Use Area, Family Campground and Group Campground (Randolph County) Spruce Knob Lake Campground (Randolph County) Gatewood Group Campground (Randolph County) Seneca Shadows Campground (Pendleton County) Big Bend Campground (Grant County) Jess Judy Group Campground (Pendleton County) B. Summary of Decision My decision is to authorize a special use permit to American Land and Leisure (AL&L) for the operation and maintenance of the recreation areas listed in I.A. This permit will have a 5-year term with an additional 5-year reissuance opportunity. AL&L s operation and maintenance of these recreation facilities will be in accordance with: Prospectus for Multiple Recreation Facilities and Related Granger-Thye Concessions (FS) Operating & Maintenance Plan for the Monongahela National Forest (AL&L) Business Plan for the Monongahela National Forest (AL&L) C. Purpose and Need The purpose of issuing a special use permit to AL&L for concession management of these sites is to provide high-quality recreational experiences for our visitors. Concession management of these sites is needed because the forest does not have the staff or financial resources to operate these sites. The prospectus was advertised in our newspaper of record, Grant County Press, each week from 9/16/14 to 10/14/14. A total of two bids were accepted. Following the Evaluation Criteria listed in Page 1 of 6

2 the Prospectus a team of three Forest Service employees reviewed each bid. The team recommended American Land and Leisure as the best applicant for this activity. I accepted the team s recommendation. This decision is consistent with special use direction in the 2006 (updated 2011) Monongahela National Forest Land and Resource Management Plan (Forest Plan). This special use authorization is compatible with the Forest Plan. Forest-wide Management Direction: Goal LS18 Special use authorizations are issued for uses that: a) Serve the public, b) Promote public health and safety, c) Protect the environment, and/or, d) Are legally mandated. Guideline LS34 Commercial service developments and occupancy under permit may continue when in agreement with area objectives. Management Prescriptions (as designated in the 2006 Forest Plan (as updated in 2011): Spruce Knob Lake and Campground 4.1 Spruce and Spruce-Hardwood Ecosystem Management. Special uses in a 4.1 area should not detract from the desired Recreation Opportunity System (ROS) settings for the are Gatewood Group Campground 6.2 Backcountry Recreation. Special uses in a 6.2 area are generally not permitted unless they are compatible with the emphasis of the area. Continuing to operate a group campground through concession management is compatible with the recreation emphasis of this area. Stuart Recreation Area 6.1 Wildlife Habitat Emphasis. Special uses in a 6.1 area are compatible with minimizing disturbance to wildlife populations. Special uses should not detract from the desired ROS settings of the area. Seneca Shadows, Big Bend, and Jess Judy Group Campgrounds 8.1 Management Prescription Spruce Knob Seneca Rocks National Recreation Area. Special uses in an 8.1 area should not alter or detract from the desired ROS settings within the NRA. II. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION A. Category of the Proposed Action and Rationale I have concluded that this decision is appropriately categorically excluded from documentation in an environmental impact statement or environmental assessment consistent with Forest Service Handbook (FSH) Chapter 30: 32.2 (15) 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. Cite this category as 36 CFR (e) (15). Page 2 of 6

3 B. Relationship to Extraordinary Circumstances 1. Threatened and Endangered Species or Their Critical Habitat and Regional Forester s Sensitive Species No federally-listed (Threatened or Endangered) or Regional Forester Sensitive Species are known to occur in the project areas. No direct, indirect, or cumulative impacts to TES or sensitive species are anticipated as a result of implementing this project given that the proposed action is for the continued use of recreation areas already in existence. 2. Floodplains, Wetlands, or Municipal Watersheds a. Floodplains: Floodplains are not expected to be altered by authorized activities. b. Wetlands: Wetlands are not expected to be altered by authorized activities. c. Municipal Watersheds: Authorized activities would not occur within any known municipal watersheds; therefore, no adverse impacts to municipal watersheds are anticipated. 3. Congressionally Designated Areas a. Wilderness: This decision would not adversely affect any Wildernesses. No activities would be implemented within congressionally designated Wilderness. b. Wilderness Study Areas: The Forest does not have any Wilderness Study Areas, thus this decision will not affect Wilderness Study Areas. c. National Recreation Areas: Three of the campgrounds are within the Spruce Knob Seneca Rocks National Recreation Area. High-quality, concession-managed campgrounds will enhance our visitor s experience in this NRA. This decision will not have adverse effects to the national recreation area. d. Wild and Scenic Rivers: There are no designated Wild and Scenic rivers in the project area. 4. Inventoried Roadless Areas Authorized activities will not occur within an Inventoried Roadless Area (IRA), including Roadless Area Conservation Rule (RACR) Areas. Several campground are near IRAs: a. Spruce Knob Lake and Gatewood Campgrounds Seneca Creek RACR Area b. Big Bend and Jess Judy Campgrounds Smoke 1 & 2 RACR Areas However, high-quality, concession-managed camping near a RACR Area will not negatively affect the RACR Area. 5. Research Natural Areas Authorized activities will not occur within nor adjacent to a candidate or established Research Natural Area. Therefore, this decision will not affect any Research Natural Areas. 6. American Indian and Alaska native religious or cultural sites There are no tribal trust lands or ceded lands located within the State of West Virginia. There are also no federally recognized Indian tribes in West Virginia. There are several tribes historically connected to land on the Monongahela, thus an interest in areas such as the proposed project area. As this project plans to avoid any activity on Pre-Contact sites, the project will have no effect on American Indian or Alaskan native religious or cultural sites. Page 3 of 6

4 7. Archaeological sites, or historic properties or areas This decision will not adversely affect cultural resources. No changes are proposed to existing improvements, and no new earth disturbing activities are authorized by the permit Holder at this time. Section 106 compliance shall be conducted for any future proposals that involve ground disturbance, such as structure removal or replacement, that are not included in the current analysis. No other extraordinary circumstances related to the project were identified. III. INTERESTED/ AFFECTED AGENCIES, ORGANIZATIONS AND PERSON CONTACTED Forest Service and public scoping was conducted for this project. Specialist input on this project is contained within the project record. No other extraordinary circumstances related to this project were identified. IV. FINDINGS REQUIRED BY AND/OR RELATED TO OTHER LAWS AND REGULATIONS My decision complies with all applicable laws and regulations. I have summarized some pertinent laws and regulations below. Act of April 24, 1950 (Granger Thye) - This decision is consistent with Granger-Thye. The regulations at 36 CFR 251 guide the issuance of permits for Government-owned facilities under this Act. Permits are granted across National Forest Service lands when the need for such is consistent with planned uses and Forest Service policy and regulations. Federal Lands Recreation Enhancement Act (FLREA) This decision is consistent with FLREA. The Regulations at 36 CFR 251 guide the issuance of permits for recreational activities under this Act. Permits are granted across National Forest Service lands when the need for such is consistent with planned uses and Forest Service policy and regulations. Forest Plan Consistency (National Forest Management Act) - This decision is consistent with the standards and guidelines contained in the Forest Plan. See attached Forest Plan direction. Endangered Species Act - See Section II, Item B1 of this document. Clean Water Act This decision is compliant with the Clean Water Act. Floodplains (Executive Order 11988) - See Section II, Item B2 (a) of this document. Wetlands (Executive Order 11990) - See Section II, Item B2 (b) of this document. Federal Cave Resources Protection Act - No known cave resources will be affected by this decision. National Historic Preservation Act - See Section II, Item B7 of this document. Archaeological Resources Protection Act - See Section II, Item B7 of this document. Native American Graves Protection and Repatriation Act - See Section II, Item B7 of this document. Wild and Scenic Rivers Act - See Section II, Item B3 (d) of this document. Environmental Justice (Executive Order 12898) - This decision complies with this Act. This decision is not expected to adversely impact minority or low-income populations. National Environmental Policy Act - The entirety of documentation for this decision supports compliance with this Act (see documentation in the permit file). V. IMPLEMENTATION DATE This decision may be implemented 45 days from signing if no appeals are filed. Page 4 of 6

5 VI. ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNITIES This decision is subject to an administrative review or appeal by the solicited applicants pursuant to 36 CFR 214. VII. CONTACT PERSON Further information about this decision can be obtained from Zach Adkins, North Zone Developed Recreation Manager. He can be reached at the Cheat-Potomac Ranger District during normal business hours (weekdays, 8:00 a.m. to 4:30 p.m.) at 2499 North Fork Highway, Petersburg WV Phone: (304) x22. Fax: (304) VIII. SIGNATURE AND DATE _/s/ M. Troy Waskey M. TROY WASKEY Date District Ranger Responsible Official Page 5 of 6

6 The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, sexual orientation, marital status, family status, status as a parent (in education and training programs and activities), because all or part of an individual s income is derived from any public assistance program, or retaliation. (Not all prohibited bases apply to all programs or activities.) If you require this information in alternative format (Braille, large print, audiotape, etc.), contact the USDA s TARGET Center at (202) (Voice or TDD). If you require information about this program, activity, or facility in a language other than English, contact the agency office responsible for the program or activity, or any USDA office. To file a complaint alleging discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C , or call toll free, (866) (Voice). TDD users can contact USDA through local relay or the Federal relay at (800) (TDD) or (866) (relay voice users). You may use USDA Program Discrimination Complaint Forms AD-3027 or AD-3027s (Spanish) which can be found at: or upon request from a local Forest Service office. USDA is an equal opportunity provider and employer. Usted puede usar la forma de discriminación AD-3027 o AD-3027 en Español, la cual se puede encontrar en: o puede obtener en cualquier oficina local del Servicio Forestal. El Departamento de Agricultura ofrece oportunidades de programas y de empleo libres de discriminación. Page 6 of 6