FINDING OF NO SIGNIFICANT IMPACT

Transcription

1 DECISION NOTICE FINDING OF NO SIGNIFICANT IMPACT May Valley Bike Events Special Use Permits San Jacinto Ranger District San Bernardino National Forest USDA Forest Service, Riverside County, California The United States Department of Agriculture (USDA) prohibits discrimination in its programs on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs). Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA s TARGET Center at (voice and TDD). To file a complaint of discrimination, write the Secretary of Agriculture, U.S. Department of Agriculture, Washington, DC 20250, or call (voice) or (TDD). USDA is an equal employment opportunity provider and employer Introduction The May Valley area contains approximately 40 miles of non-system, user created trails, old road beds and Forest System trails that are popular with mountain bikers, equestrians, hikers and bike events. Most mountain bikers enter the trail system via May Valley Road and Herkey Creek County Park. Many of the trails are well established and several trails have been used for organized mountain bike events previously. There have been 3 separate bike events over the past 10 years. The Idyllwild Spring Challenge and the 24 Hrs of Adrenaline host spring events on the last weekend of April and the first weekend in May. 24 Hrs of Adrenaline also hosts a fall race on the third weekend of September. In 2010 there was no spring 24 Hrs of Adrenaline event and no proposal has been sent for The Herkey Creek Campground is managed by Riverside County and is the staging area and primary footprint of these events, whereas the trails are located on National Forest Systems lands. My Decision As the responsible official for this project, I have decided to implement Alternative 1 (Proposed Action) analyzed in the May Valley Bike Event Special Use Permits Project Environmental Assessment (EA). This decision was made after careful consideration of the potential impacts of the activities analyzed in the EA and public comments on the proposed action and analysis. The EA is an analysis of the biological, physical, and social environments by resource professionals. The EA summarizes the detailed analyses displayed in individual reports prepared by an interdisciplinary team of resource professionals. All reports are included in the project record, and are available upon request from the San Jacinto Ranger District office. The May Valley area is located in Riverside County, California, and is within the San Jacinto Ranger District, San Bernardino National Forest. The San Jacinto Ranger District office is in Idyllwild, California. I am authorizing the issuance of two bike event permits for 2011 to 24-Hours of Adrenaline and Idyllwild Spring Challenge events to take place in the May Valley area. As part of this decision, proponents can also apply for special use permits in future years. These events will occur on approximately 40 miles of National Forest System and authorized trails and roads (Table 1). This decision authorizes the creation, operation, maintenance, and rehabilitation of 40 miles of trails with tread widths ranging from 24 to 132, with a median width of 36 within the May Valley area for use during spring and fall bike events. Applicants are required to annually apply

2 for a temporary bike event special use permit. When these applications are put forward, the Forest Service will check for changed conditions or specific requirements listed in the decision to maintain compliance will applicable laws, regulations, and policies. 24 HOURS of ADRENALINE The 24 -Hours of Adrenaline event has approximately 350 participants that will travel over 9 miles of non-system trail. This event is proposed to occur in mid-september of every year. The event would start at 12pm on Saturday and continue until 12pm on Sunday. Due to night-time riding, all participants must have a minimum of a 10 watt lighting system on their bike or person. The event consists of multiple laps around the same course conducted in a relay fashion. Each team can consist of up to 10 riders and all riders would stage at the Herkey Creek County campground. In addition, all camping, event meetings, and ceremonies would be held at Herkey Creek campground. The route is approximately 9 miles long and utilizes a route that follows the majority of the same non-system trails as the Spring Challenge s Beginner Loop. There would be four checkpoint/aide stations set up along the event route at the following locations: (1) Keen Camp Summit; (2) May Valley Road; (3) Apple Canyon Road; and (4) Coyote Run. The Apple Canyon Road station would be on the paved road, and the rest of the stations would be on the dirt roads that are approximately 132 wide. Each station would consist of a 10 x10 canopy with two people providing water and any aid needed. Directional signs on the course will be set up pre-event and taken down post-event. All camping activities and staging of these events occur in Herkey Creek Campground. IDYLLWILD SPRING CHALLENGE The Idyllwild Spring Challenge event has approximately participants. This event is proposed to occur prior to May 1st of any given year. On Saturday of the event weekend, the Cross Country Course route includes four loops, the Short Loop (6.5 miles), Beginner Loop (10 miles), Sport Loop (22 miles), and the Pro/Expert Loop (30.5 miles). There may be slight route alterations from year to year, but the routes would total 69 miles and be within the trails. There would be three checkpoint/aide stations set up along the event route at the following locations: (1) South Ridge Road; (2) Upper May Valley Road; (3) Lower May Valley Road. On the Sunday of the event weekend the Super D Course would be a one-way event starting from the northern end of May Valley Road and ending in Herkey Creek Campground along a portion of the same routes from Saturday s events. The Super D Course would be approximately 4 miles in length.

3 Table 1: User-designated names and Figure 1-Appendix A numbers for portions of unauthorized trails proposed for use for the May Valley Bike Events project and status to riparian features. Landscape Crosses intermittent channel ; Within 150 feet or adjacent to wet or moist meadow systems or springs Crosses intermittent channel Within 150 feet or adjacent to wet or moist meadow systems or springs Route Tunnel of Love Rage through the Sage Coyote Run From Herkey Creek Campground Keen Camp Climb Exfoliator Mirkwood Tres Hombres 1 Tres Hombres 2 Snakeskin Cahuilla Cut-off

4 Table 2: Design Features Soil, Water Quality, Riparian Area, Wetlands and Meadows Applicable BMP s are taken from the Water Quality Management for Forest System Lands in California: BMPs (USDA Forest Service, September 2000) 1. Implement protocols for Riparian Conservation Areas (RCA) found in Appendix E of the Forest Plan (as per Standard S47) and the regional supplement to Forest Service Handbook (USDA 2005) (see Appendix B). 2. Implement protocols to mitigate negative long-term impacts from recreation use to soil, watershed, riparian or heritage resources (refer to Appendix D - Adaptive Mitigation for Recreation Uses) (USDA 2005). 3. Protect and maintain RCAs by implementing temporary crossings at Stream Crossings labeled West 2, South 1, East 2, North 1, North 2, North 3, North 4 (as labeled on Figure 1, Appendix A) and any other crossings identified during the pre-race set-up that has wet ground or flowing water. 4. Protect and maintain RCAs by implementing additional BMPs in the case of saturated or wet weather conditions, including providing temporary crossings for all channels with the potential for flowing or wet conditions (beyond the required 7), limiting racers to one at a time so no passing occurs at a crossing, conduct post race trail maintenance to prevent future sediment from reaching stream courses. 5. Permit authorization should only be for In 2012, re-evaluate the status of the new WQMP waiver requirements between USFS Region 5 and the State Water Board. If needed, acquire a project specific Regional Water Quality Waste Discharge permit. 6. As per BMP 2-2 Erosion Control Plan, prior to implementing the decision, the Forest Hydrologist will incorporate all approved design criteria and wet weather operation specifications into an Erosion Control Plan and educate district staff on monitoring responsibilities. 7. Require the Forest Hydrologist to be included in the pre-race meeting with the permittee to review the required Erosion Control Plan and the education requirements associated with recreational impacts to RCAs. 8. Trail 2 (Coyote Run), 4 (Keen Camp Climb), and 7 (Exfoliator) [see Figure 1, Appendix A] have observed sediment delivery to water channels in violation of Clean Water Act. These approaches need to be fixed prior to authorizing use. Wet weather BMP contingencies: Direct Effects-sediment delivered to water and turbidity stirred up during crossings of the riders; have more temporary crossings on hand to place in channels where water is. Flowing-this will require time before the event for set up and also give the chance to communicate the importance of going across the temporary crossings and not through active flowing water. Indirect effects- sediment delivery to creeks from future storms- the BMP would be utilizing a trail crew/ volunteers, under the Permit Administrators direction, go out after the event to perform trail maintenance on water bars and drainage structures and smooth/compact rutting near stream crossings.

5 Temporary crossings: To match the crossing BMP analyzed under the May Valley trails NEPA, more crossings would be required. This would include 7 temporary structures in addition to the 2. Additional BMP items: Permittee would have 2 days to clean up trash. No dogs allowed during event. Educate participants of rest room locations. For more than one-day events (except for 24-Hour Adrenaline Race), require workers to go down trails, to re-compact trail portions to minimize cumulative erosion. Wildlife: Quino checkerspot butterfly The 1.5 mile section of non-system trail located in south May Valley known as Missing Link (W ½ Section 28, T5S, R3E and NW ¼ of Section 33, T5S, R3E) is excluded from the Idyllwild Spring Challenge to avoid direct impacts to Quino adults and larvae. No new trails would be created. The Forest Service would provide the race participants with educational material about Quino checkerspot butterfly and its ecology. A Forest Service biologist would inspect the course after the weekend of each race to ensure that no damage to Quino suitable habitat has occurred due to the races. No dogs are allowed on the course or at the checkpoint/aide stations. Following each race, the proponents would have two days to remove all improvements and clean up any litter from the course. Southwestern willow flycatcher A temporary bridge structure would be constructed over Herkey Creek for the junior and beginner women events. Participants would travel over this perennial creek via the bridge. No cross-country riding would be permitted. Project proponents shall not widen any trails through any stream course, whether dry or flowing. Implement Best Management Practices to meet water quality objectives ( 24-hrs. of Adrenaline Race), allow workers to go down trails, to re-compact trail portions to minimize cumulative erosion. Botanical, Biodiversity: Cross creeks only at designated areas to protect Lemon Lily habitat and Southern Skullcap plants. Bicycles and shoes of everyone participating in each event should be free of weed seed. Weed seed will be disposed of in plastic bags and sealed for disposal.

6 Heritage: Areas of high-medium probability for heritage resources and areas of low topographical relief, that are identified where ground disturbance may occur and/ or would have the potential to affect heritage resources, have been inventoried. Known historic properties and unevaluated heritage resource sites located within the Area of Potential Effect (APE) have been recorded. Proposed activities, facilities, improvements, and disturbances shall avoid historic properties. Rationale My criteria for making a decision on this project was based on how well the management actions analyzed in the EA meet the purpose and need and objectives of the project, and address issues raised during the scoping process and the comment period. I considered the LMP for the project area. During the Environmental Assessment analysis, the Forest Service evaluated the environmental effects of the proposed action and the no action alternatives (EA, pp. 5-8). My criteria for making a decision on this project was based on how well the alternatives would meet the purpose and need and address significant issues that were raised during the scoping process and the comment period. I based my decision to implement the Proposed Action (Alternative1) on the following considerations: 1. The May Valley bike events for 2011 will be run in compliance with the Recreation Special Use Event Permit for each event. All design features outlined in the EA pgs. 6-8 will be implemented and applicable Forest Service Staff will be monitoring and analyzing these events. 2. It will provide an economic benefit to the surrounding communities of Idyllwild and Garner Valley as well as promote physical health, public stewardship and partnerships on Forest land. 3. It will provide an on-site analysis of effects of these events and the best ways to mitigate environmental issues pertaining to such events. Meeting the Purpose and Need The purpose of the project is to implement the San Bernardino National Forest Land Management Plan (LMP) (2006) by providing recreation opportunities, outreach, activities and services that contribute to urban community well-being and visitors physical and mental wellbeing. This project will provide recreation opportunities that represent a variety of skill levels, needs and desires in partnership with permit holders, private entities, nonprofit/ volunteer groups, diverse community groups, state, federal and tribal partners. (LMP Part 1, Forest Goals and Desired Conditions, Goal 3.1 pg.33) Managed Recreation in a Natural Setting Goal 3.1 Provide for Public Use and Natural Resource Protection. P. 33). The issuance of permits for the bike events will establish the responsibility for public education about threatened, endangered, proposed, candidate, and sensitive species with the permittees (LMP Part 2, Appendix B, REC 5 pg.145 Reasons for permitting these bike events include socio-economic benefits for the surrounding areas of Idyllwild, Lake Hemet and herkey Creek Campground. There is a need to provide a

7 variety of recreation opportunities, including mountain biking in the May Valley area while protecting the natural resources therein. These events will provide an economic benefit to the surrounding communities of Idyllwild and Garner Valley as well as promote physical health, public stewardship and partnerships on Forest land. Consideration of Public Comments and Concerns I have considered all comments and opinions that have been received to date on this project in making my decision. We invited residents that live near the project area, Federal, State and local government agencies, the general public and other groups and individuals potentially interested in or affected by the project to review and comment on our initial proposal (proposed action) and the purpose and need for the Project (EA, pg.3). I have reviewed the public comments received during Scoping and 14 comments received during the 30 day public comment period and find that all concerns and issues have been addressed. Two of the comments contained substantive information relative to the Project. Those two parties were contacted and their concerns were addressed through mitigations of the proposed action, as documented in the comment analysis.. The outcome resulted in them withdrawing their appeal rights. The complete comment analysis is included as part of the project record and is located at the San Jacinto Ranger District. Public Involvement The Interdisciplinary Team conducted the following public involvement activities for the May Valley Bike Event Special Use Permits: The proposal was listed in the Schedule of Proposed Actions beginning on January 19 th, The proposal was provided to the public and other agencies for comment during the scoping period from January 19, 2011 to February 2, The scoping package was provided to interested and affected parties via posting on the San Bernardino National Forest public website, and a legal notice was published in the local newspaper of record, Idyllwild Town Crier. The Draft EA was provided to the public and other agencies for the 30 day public comment period from March 3 rd, 2011 to April 4 th, The Draft EA was provided to interested and affected parties via direct , mailed letters, posted on the San Bernardino National Forest public website, and a legal notice was published in the local newspaper of record, Idyllwild Town Crier. The Final EA and Decision Notice/ FONSI was posted on the San Bernardino National Forest public website on April 20, 2011 and a legal notice was published in the local newspaper of record Idyllwild Town Crier on April 20, Issues Issues that were raised determined alternative development and resource elements which were analyzed throughout the analysis. These resource elements were chosen based on comments received through public scoping, or brought forward internally: Hydrology and Soils, Botany, Wildlife, Visual Impacts, Heritage, Human Health and Safety, and Recreation and other land designations. There were four non-significant issues identified from the scoping comments. A

8 list of non-significant issues and reasons regarding their categorization as non-significant may be found in the project record. Alternatives Considered In addition to the selected alternative, one other alternative was considered in detail - No Action (Alternative 2) (EA, pg. 8). I did not select this alternative because it would not accomplish the Purpose and Need for this project. Finding of No Significant Impact (FONSI) Based upon the review of the test for significance and the environmental analysis conducted, I have determined that the selected alternative analyzed for the May Valley Bike Events Special Use Permits will not significantly affect the quality of the human environment. Therefore, an Environmental Impact Statement is not needed. This finding is based on the context and intensity of the project as analyzed and documented in the EA and project file. Context The disclosure of effects in the EA found the actions limited in context. The project area is limited in size and the activities limited in duration. The project is a site specific action with no potentially significant impacts, which directly involves US Forest Service, administered land with no international, national, regional, or statewide importance. Effects are local in nature and are not likely to significantly affect regional or national resources. Intensity The following discussion is organized around the Ten Significance Criteria described in 40 CFR The following have been considered in my evaluation of intensity for this proposal. 1. 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. Impacts associated with the project are discussed in the May Valley Bike Event Special Use Permits Environmental Assessment (EA) (pp. 10). These impacts are within the range of those identified in the LMP. The actions will not have significant impacts on other resources identified and described in the Environmental Consequences section (EA, pp.10). 2. The degree to which the proposed action affects public health and safety. There will be no significant adverse effects on public health and safety. 3. Unique characteristics of the geographic area such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas. There are no critical or unique habitats within the project site, or within the project vicinity. No prehistoric structures or sites occur within the vicinity of the proposed project site; therefore, the proposed action would have a positive impact a unique characteristic of the area.

9 4. The degree to which the effects on the quality of the human environment are likely to be highly controversial. Scoping and public comments identify significant issues (EA, pg. 24). Through project design, all potential issues have been mitigated (EA, pg.6-8). The actions in the selected alternative are well founded in science, current research and other available information that is relevant to the action (Specialist Reports, Project Record). 5. The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks. The possible effects on the human environment are not highly uncertain nor do they involve unique or unknown risks. The technical analyses for determinations of the impacts to the resources are supportable with use of accepted techniques, reliable data and professional judgment. The effects analysis shows the effects are not uncertain and do not involve unique or unknown risk (EA, pg. 10). 6. 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. Any future proposals would need to consider all relevant scientific and site-specific information available at the time and would require full compliance with NEPA. Neither the alternatives analyzed here, nor any of their individual components, would establish a precedent for future Mountain Bike Event permits with significant effects, nor would they represent a decision in principle about future consideration. 7. Whether the action is related to other actions with individually insignificant but cumulatively significant impacts. Significance exists if it is reasonable to anticipate a cumulatively significant impact on the environment. Significance cannot be avoided by terming an action temporary or by breaking it down into small component parts. The analysis discloses a comprehensive list of potential ongoing and foreseeable future actions for each issue areas that may create cumulative effects (EA, pg. 10). In the EA cumulative impacts are disclosed for each of the resource reports, and I find that the cumulative impacts are not significant. 8. 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 selected alternative will have no significant impact on districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places. The selected alternative will also not cause loss or destruction of significant scientific, cultural, or historic resources (EA, pg.20). 9. 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 There would be little habitat disturbance from the mountain bike events. All routes are preexisting non-system trails that would not be enhanced or enlarged. A biological assessment was prepared analyzing the effects of the bike events on federally threatened and endangered

10 animal species and/ or their critical habitat. The proposed action may affect individuals Quino Checkerspot butterflies, but is not likely to result in a trend towards Federal listing or loss of viability in the project area. A may affect, not likely to adversely affect determination was made for the southwestern willow flycatcher. Formal consultation with the U.S. Fish and Wildlife Service was initiated on December 8, USFWS provided a letter of concurrence for the southwestern willow flycatcher on February 2, 2011 and a biological opinion for the Quino Checkerspot butterfly on April 4, 2011 (EA, pg.13). There is no designated critical habitat for either of these species in the project area. 10. Whether the action threatens a violation of Federal, State, or local law or requirements imposed for the protection of the environment. The proposed action would not threaten a violation of federal, state, or local law, or requirements imposed for the protection of the environment. This action is also in full compliance with the National Environmental Policy Act and is consistent with the National Forest Management Act and its requirements detailed in 36 CFR Compliance with NFMA in regards to both sensitive species and management indicator species is analyzed in the wildlife and botany sections of the EA (p.10) Recommendations, BMPs, design criteria and mitigations from the California Water Quality Board were analyzed and will be incorporated into the event programs. Findings Required by Other Laws and Regulations I have determined that my decision is consistent with all the laws, regulations, and agency policies related to this project. A list of federal laws and executive orders are listed in the individual resource specialist reports. National Forest Management Act of 1976, as amended All management practices and activities in the selected alternative are consistent with Forest Service management direction, including Forest-wide Direction and Management Area (Places) emphasis (EA, pg. 3-4) in the LMP (2005). The LMP complies with all resource integration and management requirements of 36 CFR through and conforms to requirements of the National Forest Management Act of Application of LMP direction for the project ensures compliance at the project level. With the inclusion of LMP direction, this proposed project will move the existing condition toward the proposed desired condition. A biological evaluation was prepared analyzing the effects of the bike events on R5 Sensitive, Watchlist and MIS wildlife species. The evaluation determined that the bike event may impact individuals but is not likely to result in a trend towards federal listing or loss of viability of the species currently on the Region 5 Sensitive and Watchlist list or any species currently on the SBNF Watchlist Species list. Endangered Species Act of 1973, as amended A biological assessment was prepared analyzing the effects of the bike events on federally threatened and endangered animal species and/or their critical habitat. A May affect, likely to adversely affect determination was made for the Quino checkerspot butterfly and a May affect, not likely to adversely affect determination was made for the southwestern willow flycatcher. Formal consultation with the U.S. Fish and Wildlife Service was initiated on December 8, 2010.

11 USFWS provided a letter of concurrence for the southwestern willow flycatcher on February 2, 2011 and a biological opinion for the Quino Checkerspot butterfly on April 4, There is no designated critical habitat for either of these species in the project area. Therefore this project is in compliance with Section 7 of the Endangered Species Act. National Historic Preservation Act of 1966, as amended Survey reports concluded that there is one historical property located within the Area of Potential Effect, this undertaking has been reviewed and determined adequate for the purpose of historic property identification or Stipulation III ( B)(5) of the 2001 Programmatic Agreement for Compliance with Section 106 of the National Historic Preservation Act for Undertakings on the National Forests of the Pacific Southwest Region (EA, pg.20 ). Federal Water Pollution Control Act (Clean Water Act) of 1972, as amended The San Bernardino National Forest has entered into a Management Agency Agreement between the State water resources control board, State of California, and the Forest Service, Region 5 (1981). Through this agreement, the Forest Service has agreed and is required to accept responsibility of the Water Quality Management Agency designation for NFS lands in the State of California; and to provide periodic project site reviews to ascertain implementation of management practices and environmental constraints identified in the environmental document. Response to comments provides additional Mitigation Measures, BMP s and Monitoring recommendations. The California Regional Water Quality Control Board, Santa Ana Region (8) has provided these comments and Forest Service staff will ensure compliance of these recommendations. Executive Order 11988, Clean Water This project is fully consistent with this executive order due to incorporated design features (BMPs) and erosion minimizing measures (EA, pg. 7-8). Permit proposals must be submitted to the Forest Service no later than 8 months prior to events. The Forest Service will check for changed conditions in the watershed of the May Valley area. Executive Order 12898, Environmental Justice This executive order insures that, to the greatest extent practicable and permitted by law, all populations are provided the opportunity to comment before decisions are rendered on, are allowed to share in the benefits of, are not excluded from, and are not affected in a disproportionately high and adverse manner by, government programs and activities affecting human health or the environment. Implementation of any project activity is not anticipated to cause disproportionate adverse human health or environmental impacts to minority or lowincome populations. This project is fully consistent with this executive order. Executive Order 13112, Invasive Species This project is fully consistent with this executive order. There is a low risk of invasive species introduction and spread with implementation of the May Valley Bike Event Permit E.A. and these risks are mitigated by Botanical Biodiversity and Noxious Weed Design Criteria (EA, pg. 7).

12 Executive Order 13186, Migratory Birds This project is fully consistent with this executive order. No significant impacts on migratory bird species are expected. There may be direct effects to migratory birds in the near vicinity; however, these impacts should be temporary in nature and insignificant to the survival of individual migratory birds. The project design features will minimize any adverse impacts to migratory birds (EA, pg.17). Administrative Review and Appeal Opportunities This decision is not subject to administrative review (appeal) pursuant to 36 Code of Federal Regulations (CFR) Part 215 because 12 comments that were received were not substantive as defined under 36 CFR and the two parties that submitted substantive comments withdrew their right to appeal. Implementation Date Implementation of this project may occur immediately after the publication of this decision, as documented in this Decision Notice, as per 36 CFR Contact Person For further information contact: Andrew Smith San Jacinto Ranger Station Pinecrest Ave P.O. Box 518, Idyllwild, CA., Responsible Official and Signature /s/ Laurie Rosenthal April 19, 2011 Laurie Rosenthal District Ranger Date