FINDING OF NO SIGNIFICANT IMPACT OWL CREEK GRAVEL PIT EXPANSION U.S. FOREST SERVICE

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1 FINDING OF NO SIGNIFICANT IMPACT OWL CREEK GRAVEL PIT EXPANSION U.S. FOREST SERVICE OURAY RANGER DISTRICT OURAY COUNTY, COLORADO BACKGROUND The Owl Creek Gravel Pit, also known as the Spruce Ridge Pit, is located in Ouray County in T.45N, R.7W, section 3, N.M.P.M. The pit is located approximately 1.5 miles east of the forest boundary, and south of National Forest System Road (NFSR) 858. The pit was developed in 1988 to provide aggregate for surfacing the Owl Creek-Cimarron Road (National Forest System Road (NFSR) 858). The Forest Service (FS) manages the pit but works cooperatively with the Ouray County Road and Bridge Department under a Cooperative Road Use Agreement, to maintain NFSR 858. The road is a Maintenance Level 4 (ML4) road suitable for passenger vehicles. Over the past several years, the road has deteriorated as a result of rain events, heavy traffic, lack of adequate drainage structures, and surface aggregate reduction to the point that, in places, the road surfacing is gone and subgrade is exposed. To address the deteriorating road conditions, the FS prepared the Owl Creek Gravel Pit Expansion Environmental Assessment (EA) to analyze expanding the Owl Creek gravel pit and crushing aggregate (Alternative A), hauling aggregate from a commercial pit (Alternative B), and taking No Action (Alternative C. PURPOSE AND NEED FOR ACTION The Ouray Ranger District has identified the need for additional rock to meet ongoing road maintenance of NFSR 858 from the top of Owl Creek Pass, west to the Forest Boundary, plus the additional 1.1 miles of road west of the FS boundary held under an easement. Rock could also be used on the NFSR on the east side of the pass. The road needs the template restored to a smooth uniform grade, and needs to be resurfaced with additional aggregate material to return it to the desired passenger car condition, ML4.The existing pit has provided a suitable source, but has an insufficient quantity of stockpiled rock to meet the current need. Therefore, it is desirable to excavate, crush and provide a stockpile sufficient to meet the current need, as well as to provide reserves for future surface rock replacement needs and to assure compliance with FS policy found for road maintenance. Page 1 of 6

2 DECISION Based on my review of the EA, it is my decision to select Alternative A as described in the EA, expansion of the Owl Creek Gravel Pit. The pit will be expanded on the south and west sides, and also on the northeast edge to provide a source of fines for mixing into the aggregate. I am authorizing rock to be excavated and crushed in a single entry. A dispersed campsite nearby will be used for a temporary staging/storage area during crushing operations. Both the gravel pit and the dispersed campsite will be closed to use by the public until reclamation is completed. Alternative A is described in detail in Chapter 2 of the EA, and my decision includes all of the Design Features listed in the chapter. Reclamation of the pit perimeter and the temporary staging/storage area will follow in 2016 or Both locations will be available for dispersed camping after reclamation is completed. A Pit Development Plan will be prepared for the gravel pit, identifying the responsible parties for executing the plan from site preparation through reclamation. The Plan will incorporate all of the steps and the Design Features identified under Alternative A. DECISION RATIONALE My decision makes use of a mineral material resource that is readily available in close proximity to NFSR 858. The gravel pit will provide an abundant source of aggregate for use on National Forest System lands. Using this site will result in the lowest cost alternative for aggregate, and will provide sufficient quantity of crushed rock to restore NFSR 858 to a Maintenance Level 4 road. Restoring the road complies with FS policy to accommodate the intended use of the road safely and in accordance with the maintenance criteria as outlined in the Road Management Objectives for this road. Compared to Alternative B (purchasing aggregate from a commercial pit), there will be far less truck traffic on adjacent private land and on the NFSR. This will provide more safety to the public, less wear and tear on the county roads and state highway, less dust and less noise. PUBLIC INVOLVEMENT Ouray County Road and Bridge attended a site visit in 2015 and contributed to the development of Alternative A. The project has been listed on the GMUG Schedule of Proposed Actions from October 1, 2015 to the present. A Notice of Opportunity to Comment was published in the Montrose Daily Press, the newspaper of record on January 17, Public comment on the proposal was requested by February 18, The District Ranger sent the Notice of Scoping/Opportunity to Comment to local landowners, water rights holders, grazing permittees, the Cities of Ridgway and Ouray, Ouray County Commissioners, Colorado Parks and Wildlife (CPW), Colorado Division of Reclamation, Mining and Safety, Uncompahgre Valley Trail Riders, and others who have expressed interest in the area or the type of activity. A copy of the letter is in the project record. One comment letter was received from the CPW, stating their belief that the project would have minimal impact on the native wildlife species. CPW recommended that the gravel pit area be Page 2 of 6

3 kept open for use by hunters for dispersed camping. (A copy of the letter is in the project record). I have contacted the District Wildlife Manager and explained that while the pit and a nearby dispersed campsite will be closed to dispersed camping during crushing operations, they will be available for camping use after reclamation has been done. I anticipate the sites being unavailable for use from late July, 2016 through the 2016 big game hunting season. FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS The project is in compliance with the Endangered Species Act, the National Historic Preservation Act, and the Colorado State Protocol Agreement for Cultural Resources. My decision conforms to the Mineral Materials Act of July 31, 1947 as amended by the 1955 Multiple Use Mining Act. FS regulations for the disposal of mineral material at 36 CFR Chapter II 228 Subpart C, FS Policy at FSM 2850, and FS policy pertaining to the management and operation of NFS roads at FSH My decision is consistent with the GMUG s Amended Land and Resource Management Plan (Forest Plan), dated September The Forest Plan guides natural resource management activities and establishes management standards and guidelines. Management Direction in Chapter 3, Forest Direction, encourages environmentally sound energy and minerals development, and providing a safe, efficient and environmentally sound transportation system. Transportation System Management Activities, General Direction for Arterial and Collector Roads (Pg III-78) states, construct and reconstruct arterial and collector roads to meet multiple resource needs. Road Maintenance Activities, General Direction (Pg III-80) states, Maintain all roads to minimum requirements All arterial roads to minimum Level 3. Minerals Management in Chapter 3, General Direction (Pg III-52) states, Administer areas with producing sites and known reserves with consideration of ongoing and potential mineral activities, and Authorize common variety mineral exploration and disposals under terms and conditions to prevent or control adverse impacts on surface resource uses. The objective of reclamation is to return disturbed land to planned uses (Pg III-63). The project area is located in Management Area 5A, with an emphasis on big game winter range in non-forest areas. Semi-primitive non-motorized and motorized, and roaded natural recreation opportunities are provided. Motorized recreation on local roads is managed to prevent unacceptable stress on big game animals during primary big game use season. Vegetation treatment enhances plant and animal diversity. Livestock grazing is compatible, but managed to favor wildlife habitat. General direction for Management Area 5A includes the following: Visual Resource Management: Design and implement management activities to blend with the natural landscape. Dispersed recreation management: provide semi-primitive motorized recreation opportunities with a low to moderate incidence of contact with other groups and individuals within ½ mile of designated local roads with primitive surfaces and trails open to motorized recreation use. Page 3 of 6

4 My decision will utilize a known mineral resource that has provided a good source of road aggregate in the past. It includes reclamation of the site to stabilize and revegetate cut slopes, and returning the site to uses compatible with Management Area 5A (wildlife range for elk, bear, mule deer, and wild turkey hunting, and dispersed camping). FINDING OF NO SIGNIFICANT IMPACT The significance of environmental impacts must be considered in terms of context and intensity. This means that the significance of an action must be analyzed in several contexts such as society as a whole (human and national), the affected region, the affected interests, and the locality. Significance varies with the setting of the proposed action. In the case of a site-specific action, significance usually depends upon the effects in the locale rather than in the world as a whole. Intensity refers to the severity or degree of impact. (40 CFR ) Context The project is located on National Forest System lands in Ouray County, along the Owl Creek Pass Road NFSR 858, a popular road providing access to the Cimarron Mountains and Silverjack Reservoir. The road is used by recreational users, grazing permittees, ditch owners, and for timber removal. While it is designed and managed as a Level 4 road, for comfort in passenger cars, the road has deteriorated over the past few years and thus, reduced the experience for passenger car traffic. Providing a source of gravel to resurface the road will restore the intended management level of the road. This will improve the user s experience on the road and provide a safer driving experience. Effects are limited to the local area. Intensity Intensity is a measure of the severity, extent, or quantity of effects, and is based on information from the effects analysis of the EA and references in the project record. My finding of no significant impact is based on the context of the Owl Creek Pass Road, and the ten factors identified in 40 CFR The intensity of effects was considered in terms of the following: Impacts may be both beneficial and adverse. A significant effect may exist even if the Federal agency believes that, on balance, the effect will be beneficial. I considered both beneficial and adverse effects in the analysis, and conclude that the impacts of my decision are not significant in context of direct, indirect and cumulative effects. The degree to which the proposed action affects public health or safety. There will be no significant effects on public health and safety because Design Features are included to protect public health and safety during mobilization/demobilization of the crusher, and during crushing. A temporary Forest Closure Order will be enacted to close the gravel pit and the dispersed campsite from public use. In the long run, the safety of the Owl Creek Pass road will be improved when the road is re-surfaced. Unique characteristics of the geographic area, such as proximity to historic or cultural Page 4 of 6

5 resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas. There will be no significant effects on unique characteristics of the area, because they do not exist in the project area. The degree to which the effects on the quality of the human environment are likely to be highly controversial. The effects on the quality of the human environment are not likely to be highly controversial. There are no scientific disputers over the likely effects of the project. Therefore, I conclude that the environmental effects of the decision are not highly controversial. The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks. The Agency has considerable experience with gravel crushing and road surfacing. The analysis shows the effects are not uncertain, and do not involve unique or unknown risk. The degree to which the action may establish a precedent for future actions with significant effects, or represents a decision in principle about a future consideration. The action is not likely to establish a precedent for future actions with significant effects, because after completion of gravel crushing, the site will be reclaimed. Future authorized officials could decide not to reopen the pit for future mineral disposals. Under the Mineral Materials Act of July 31, 1947 as amended by the 1955 Multiple Use Mining Act, the Forest Service has discretion in the disposal of mineral materials. Whether the action is related to other actions with individually insignificant but cumulatively significant impacts. The cumulative impacts are not significant. The EA evaluated gravel pit expansion and crushing in the context of past, present, and potential future actions that could lead to cumulative impacts, and no significant impacts were identified. The degree to which the action may adversely affect districts, sites, highways, structures, or objects listed, or eligible for listing, in the National Register of Historic Places or may cause loss or destruction of significant scientific, cultural, or historical resources. The action will have no significant adverse effect on districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places, because Section 106 documentation prepared by the district archeologist and submitted to the State Historic Preservation Officer finds the no cultural resource sites were identified in the (no historic properties affected). The action will also not cause loss or destruction of significant scientific, cultural, or historical resources because Design Features require contacting the FS should any cultural resources be located during site preparation or excavation. The degree to which the action may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act of The action will not adversely affect any endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species act of A BABE was prepared by the district wildlife biologist and determined that my decision (Alternative A) May affect but are not likely to adversely affect Canada lynx. The BABE is in the project record. Whether the action threatens to violate Federal, State, or local law or requirements imposed for the protection of the environment. The gravel pit expansion and crushing do not violate or threaten to violate, any federal, state or local laws, regulations, or requirements Page 5 of 6

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