Pinecrest Amphitheater Movies Special Use Permit (40431) Decision Memo

Transcription

1 Decision Memo Stanislaus National Forest Summit Ranger District Tuolumne County, CA This decision memo provides documentation, pursuant to the National Environmental Policy Act (NEPA), related to the Pinecrest Amphitheater Movies Special Use Permit, located in the Pinecrest Day Use Area on the Summit Ranger District in Tuolumne County, CA. Purpose and Need The Stanislaus National Forest Forest Plan Direction (USDA 2010) 1 presents the current direction, based on the original Forest Plan, as amended. The Forest Plan Goal for Recreation includes: Provide a wide range of recreation opportunities directed at various experience levels to meet current and projected demand, including campgrounds, hiking trails, picnic areas, OHV trails, etc. (p. 6). Forest Plan Direction that applies to this project includes management area direction for Developed Recreation Sites including Pinecrest Basin (p ). The showing of motion pictures at the Pinecrest amphitheater provides entertainment to the visiting public. The current permit authorizing movies expires December 31, The movie provider submitted an application for a new term permit to operate the amphitheater for the purposes of commercial motion picture projection and associated food and drink concession. A new permit is needed to authorize continued operation of this public service. Proposed Action In response to the purpose and need above, the proposed action would issue a new five year term permit authorizing the continued operations and maintenance of the amphitheater in the Pinecrest Day Use Area to provide movies during specified periods. The permit covers 0.7 acres. Decision My decision is to implement the proposed action as described above. This action falls within a category of actions that are excluded from documentation in an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) and no extraordinary circumstances 2 preclude use of this category: 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. [36 CFR 220.6(e)(15)]. Appendix A contains a Review of Extraordinary Circumstances supporting my determination that no extraordinary circumstances exist. 1 USDA Stanislaus National Forest, Forest Plan Direction. Forest Service, Pacific Southwest Region, Stanislaus National Forest. Sonora, CA. April p. 2 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)) 1

2 Decision Memo Resource specialist input covering botany, facilities, heritage, interpretation, special uses, recreation, and wildlife are included in the project file. I considered their recommendations in making this decision. Specific findings and project design elements included in this decision are described below. I made this decision for the following reasons: - The permit area is not changed and no ground disturbing activities will occur. - Authorizing a term permit is consistent with Forest Plan direction for developed recreation, insuring the continued operation of the amphitheater for showing movies and the associated food and drink services. Project Design Elements Recreation - Permittee would allow opportunities for other permitted and Forest Service events/activities to occur at the amphitheater. - Permittee would ensure facilities are maintained to standard. Wildlife - Permittee would cleanup all food and trash immediately following movies events to prevent drawing wildlife to the area. Public Involvement The Forest Service first listed the Pinecrest Amphitheater Movies Special Use Permit in the Stanislaus National Forest Schedule of Proposed Actions (SOPA) in January The Forest distributes the SOPA to about 160 parties and it is available on the internet [ A legal notice, announcing the 30-day Opportunity to Comment on the draft Decision Memo appeared in the Union Democrat on April 23, The comment period, provided pursuant to the April 23, 2012 U.S. District Court order (1:11-CV LJO-DLB), allows an opportunity for interested or affected parties to make their concerns known before the Responsible Official makes a final decision. The 30-day comment period ended on May 23, Five interested parties submitted comments, all in support of the proposed action. Findings Required by Other Laws This action is consistent with the Forest Plan; the National Historic Preservation Act; and all other applicable laws and regulations (see Appendix A). Implementation Date Implementation of the decision may begin immediately following the publication date of the legal notice of this decision in the Union Democrat (36 CFR 215.9(c)). Administrative Review or Appeal Opportunities In accordance with the March 19, 2012 U.S. District Court order (1:11-CV LJO-DLB), this decision may be subject to appeal pursuant to 36 CFR 215. Since this decision involves written instruments authorizing the occupancy or use of National Forest System lands and resources it may be subject to appeal by holders, operators and solicited applicants pursuant to 36 CFR

3 Appeals Filed Under 36 CFR 215 Since no comments or only supportive comments were received during the 30-day comment period (36 CFR 215.6, this decision is not subject to appeal (36CFR ). Appeals Filed Under 36 CFR 214 This decision is not subject to appeal by holders, operators and solicited applicants under 36 CFR 214 since it is not expressly set forth in 36 CFR as a decision subject to appeal (36 CFR 214.5). Contact Person For additional information about this project, contact Julie Martin; Summit Ranger District; #1 Pinecrest Lake Road, Pinecrest, CA 95364; or, call (209) ext Signature and Date SUSAN SKALSKI Forest Supervisor Stanislaus National Forest July 3, 2013 Date 3

4 Decision Memo APPENDIX A Review of Extraordinary Circumstances In accordance with FSH Section 30.3(2), the Responsible Official considered the following resource conditions in determining whether extraordinary circumstances related to the proposed action would warrant further analysis and documentation in an Environmental Assessment (EA) or an Environmental Impact Statement (EIS). 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. The proposed action will have no effect on any Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species (Adam Rich, Wildlife Biologist, Summit Ranger District; response to Project Input Form; 3/26/2013). 2. Floodplains, wetlands or municipal watersheds. Floodplains: Executive Order defines floodplains as,... the lowland and relatively flat areas adjoining inland and coastal waters including flood prone areas of offshore islands, including at a minimum, that area subject to a one percent [100-year recurrence] or greater chance of flooding in any one year. - Floodplains are found along stream channels. Due to the limited nature of this project, it is not expected to negatively affect the floodplains. (Tracy Weddle, Hydrologist, Summit Ranger District; personal communications; 4/3/2013). Wetlands: Executive Order defines wetlands as,... areas inundated by surface or ground water with a frequency sufficient to support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds. - No activities are proposed within wetlands for this project. (Tracy Weddle, Hydrologist, Summit Ranger District; personal communications; 4/3/13). Municipal Watersheds: FSM defines municipal watersheds as: A watershed that serves a public water system as defined in the Safe Drinking Water Act of 1974, as amended (42 U.S.C. 300f, et seq.); or as defined in state safe drinking water statutes or regulations. - The Central Valley Regional Water Quality Control Board list the Stanislaus River from its source to New Melones Reservoir as a municipal and domestic supply. This project is not expected to negatively affect beneficial uses of water. (Tracy Weddle, Hydrologist, Summit Ranger District; personal communications; 4/3/13). 3. Congressionally designated areas such as wilderness, wild and scenic rivers, or national recreation areas. No congressionally designated Wilderness, wild and scenic rivers or National Recreation Areas exist within or adjacent to the project area. The congressionally designated Pinecrest National Recreation Trail, located just outside the project area, would not be affected by this project. 4. Inventoried Roadless Areas. No existing or proposed Inventoried Roadless Areas exist within or adjacent to the project area. 4

5 5. Research Natural Areas. No existing or proposed Research Natural Areas (RNAs) exist within or adjacent to the project area. 6. American Indians and Alaska Native religious or cultural sites. From the Project Screened Undertaking Form: Tracking # (Lisa DeHart, District Archaeologist, Summit Ranger District, 4/1/2013): - Because the proposed undertaking involves the issuance of a permit that does not authorize any ground disturbing activity, it falls under Screened Undertaking category 2.3 (f) of the Programmatic Agreement among the USDA Forest Service Pacific Southwest Region (Region 5), California State Historic Preservation Office, Nevada State Historic Preservation Officer, and Advisory Council on Historic Preservation Regarding the processes for Compliance with Section 106 of the National Historic Preservation Act for Management of Historic Properties by the National Forests of the Pacific Southwest Region (Regional PA), Identification, Evaluation, and Treatment of Historic Properties Managed by the National Forests of the Sierra Nevada, California. And are exempt from further preservation activities. - Category 2.3 (f) states: Issuance or granting of permits, easements, or rights-of-way, that do not authorize surface or resource disturbance and that do not have the potential to affect access to or use of resources by Indians based on the nature of the undertaking or prior or currant consultation with Indian tribes. 7. Archaeological sites, or historic properties or areas. See item 6 (American Indians and Alaska Native religious or cultural sites) above. 5