Bromley Havoc Trail Widening

Transcription

1 United States Department of Agriculture Forest Service July 2011 Bromley Havoc Trail Widening Decision Memo USDA Forest Service, Eastern Region Green Mountain National Forest Manchester Ranger District Town of Peru Bennington County, Vermont For Information Contact: Tom Paquette ERWST Permit Administrator Green Mountain National Forest 99 Ranger Road (802) ext. 521 FAX (802) Responsible Official: Susan Mathison Eastern Region Winter Sort Team Leader Green Mountain National Forest 71 White Mountain Drive (603) FAX (603)

2 The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or familial 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 USDA, Director, Office of Civil Rights, Room 326-w, Whitten Building, 1400 Independence Ave. SW, Washington, DC or call (voice or TDD). USDA is an equal opportunity provider and employer. This document can be made available in large print. Contact Tom Paquette at (802) ; or tpaquette@fs.fs.us

3 Bromley Havoc Trail Widening Project Decision Memo USDA Forest Service, Eastern Region, Green Mountain National Forest Manchester Ranger District Town of Peru, Bennington County, Vermont I. SUMMARY As Team Leader for the Eastern Region Winter Sports Team of the Green Mountain and White Mountain National Forests (GMNF), I am approving the implementation of the Bromley Havoc Trail Widening Project. The project includes removing several trees in order to widen a portion of the Havoc ski trail by 30-50, and the thinning of a section of woods between Havoc and Pushover trails to create a tree skiing opportunity. The project is located on National Forest System (NFS) land in the Town of Peru, Bennington County, VT on the Manchester Ranger District of the GMNF (see attached map). II. DECISION TO BE IMPLEMENTED A. Background and Project Area The Green Mountain National Forest Land and Resource Management Plan (Forest Plan) specifies a wide range of recreation opportunities, including highly developed recreation opportunities, as a goal for the Management Areas (MA) that includes Alpine ski areas. The Green Mountain National Forest administers Bromley Resort under a Ski Area Special Use Permit (SUP). Bromley Resort was founded in 1937 and is located on the Manchester Ranger District, six miles east of Manchester, Vermont on Route 1l in the Town of Peru, Bennington County, Vermont. Bromley is operated by Bromley Equity Limited Partnership under a SUP, issued in April 1993 and that expires in Havoc trail is a relatively steep, black diamond rated trail for intermediate and advanced skiers. When the trail was originally constructed, the lower 300 of the trail was built considerably narrower than the rest of the trail in order to avoid blasting two ledge outcrops. This lower 300 of the trail is on National Forest System lands, and is the portion of trail that is being proposed for reconstruction. The tree skiing opportunity would occur in the same 300 within the remaining tree island between Havoc and Pushover trails. The project area at Bromley is located on lands designated as Alpine Ski Areas, MA 7.1, in the Forest Plan. The proposal is consistent with the Forest Plan goals and objectives, and Standards and Guidelines. Partial implementation may occur during summer or fall 2011, when soil conditions are favorable for minimizing impacts from all soil disturbing activities. Currently, the project is planned for completion by September 30, B. Purpose and Need Individual skier development has been an important part of Bromley s overall winter program. The Bromley Outing Club (BOC) operates the racing program for kids and young adults at Bromley. The BOC skier development programs have been hosting races for at least 60 years. Decision Memo Bromley Havoc Trail Widening Project Page 1

4 In order to host some higher level competitive races, Bromley would have to modify a portion of their race course. The International Ski Federation (FIS) has established race course specifications that ski areas must meet in order to continue hosting FIS sanctioned races. The process to conform to the FIS standard is called homologation. This section of the trail does not meet the trail width criterion. The increased trail width is necessary to provide for a safer course and allows additional space to install temporary safety fencing on both trail edges along the race course. The fencing is to protect racers from skiing or sliding off course and into the adjacent trees. The remaining portion of the trail is currently wide enough to meet the standards. The BOC attracts members from a large area because of its skier development programs. In order to remain competitive, BOC feels it needs to be able to provide adequate training facilities and events. With the widening of the Havoc trail a higher level of instruction and competition could occur at Bromley. In response to a request for public comments, two respondents suggested that the tree island located between Havoc and Pushover trails in the vicinity of the proposed widening project be thinned to provide skiers with improved sighting in the merge area of these two trails. The thinning for tree skiing will in part provide for better sighting. This section of tree skiing trail on National Forest is the lower 300 of a total trail length of 2000, with the balance being located on Hapgood State Forest lands. With limited opportunities to expand their skiing terrain elsewhere, Bromley will be able to provide opportunities for intermediate and advance skiers with this new tree skiing trail with minimal cleraring, This decision is intended to contribute to accomplishment of the 2006 Forest Plan Goal 12 by maintaining and enhancing high-quality opportunities for downhill skiing (Plan, p.15), and Management Area 7.1 Desired Future Condition by designing facilities for use by a large number of people (Plan, p.63). C. Description of Decision My decision is to allow Bromley to widen the lower 300 of Havoc Trail on the skier s left side between 50 and 100 so that the trail meets the safety criteria for hosting high level training and racing events. This decision also allows Bromley to thin a 50 to 100 area in the adjacent tree island to provide a tree skiing opportunity. About 30 Sugar Maple trees greater than 10 in diameter, and another 40 trees less than 8 will be cut and removed for the trail widening. Only small diameter trees and limbs will be removed for the tree skiing. All trees will be marked by a qualified Forest Service timber marker, and Bromley will be charged for the value of the trees (Forest Silviculturalist, project record). Bromley will remove the trees from the site for utilization in their base lodge or other facilities. Bromley will pull the stumps and either bury or burn them on site. There are two ledge outcrops that will be partially removed by blasting, and then used in the final grading of the trail. The project area will be graded, seeded and mulched, using straw or weed free hay. The tree skiing trail will be developed without the use of any heavy equipment. The trail width will be flagged and approved by the Forest Service prior to implementation. Trees with significantly damaged tops and other trees to be cut will be approved by the Forest Service. The trees will be flush cut by Bromley employees or a qualified sawyer. Groups of tree seedlings and saplings will be left to provide for future regeneration of the tree stand. All material cut will be left on site. Decision Memo Bromley Havoc Trail Widening Project Page 2

5 Bromley will submit a project specific erosion control plan for Forest Service approval prior to implementation of the trail widening project. All disturbed areas will be progressively seeded and mulched so that bare soils are protected from erosion during rainfall (Soils Scientist, project planning record). There is no earth disturbing activities expected for the tree skiing portion of the project. This decision includes implementation of mitigation measures and monitoring requirements identified in Section VI of this Decision Memo. This decision is based upon an environmental analysis conducted by Forest Service personnel, and responses to public scoping This information is located in the project planning record located at the Rochester Ranger District office. III. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION Decisions may be categorically excluded from documentation in an environmental assessment (EA) or environmental impact statement (EIS) when they are within one of the categories of actions found at 36 CFR (d) or (e), and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative environmental effect. A. Category of Exclusion Based upon the environmental analysis contained in the project planning record and on experience with similar activities on the GMNF I have concluded that this decision can be appropriately categorically excluded from further analysis and documentation in an EA or EIS. I have determined that the selected action is a routine activity within the following category of exclusion found at 36 CFR (e) (1) Construction and reconstruction of trails. B. Relationship to Extraordinary Circumstances Resource conditions that should be considered in determining whether extraordinary circumstances related to a proposed action warrant further analysis and documentation in an EA or an EIS may be found at 36 CFR 220.6(b)(1). The mere presence of one or more of these resource conditions does not preclude use of a categorical exclusion. 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. I have considered the potential effects from the project associated with the resource conditions listed at 36 CFR 220.6(b)(1) and conclude they are not significant. As a result, there are no extraordinary circumstances related to this action. My conclusion is based on information presented in this document and the entirety of the project planning record. A summary of the project s potential effects on each resource condition is as follows: 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 Decision Memo Bromley Havoc Trail Widening Project Page 3

6 It was determined that this decision will have no effect associated with federally listed animal or plant species or their critical habitats resulting from this project (Wildlife Biological Evaluation, June 22, 2011; Plant Biological Evaluation, June 29, 2011). Forest Service Manual (FSM) 2670 direction requires analysis of potential impacts to sensitive species, those species for which the Regional Forester has identified population viability is a concern. These species are listed as Regional Forester s Sensitive Species (RFSS). This project will have no effect on any of the RFSS or their preferred habitats, and thus is not likely to lead to loss of viability or trend toward federal listing for any animal or plant on the RFSS list (Wildlife Biological Evaluation, June 22, 2011; Plant Biological Evaluation, June 29, 2011). 2. Floodplains, Wetlands, or Municipal Watersheds The project is not located within or directly adjacent to any floodplains, wetlands, or municipal watersheds. This has been validated by map and site-review. As a result, no effects associated with floodplains, wetlands or municipal watersheds are expected from this project (Soils Scientist, Small Project Day, October 21, 2010). To further ensure that wetlands impacts are minimized, Acceptable Management Practices are incorporated into this decision. 3. Congressionally Designated Areas, such as Wilderness, Wilderness Study Areas, or National Recreation Areas Wilderness: Congressionally designated Wilderness is allocated to the Wilderness Management Area in the Forest Plan (Forest Plan, p. 49). The project is not within or directly adjacent to any Wilderness. This project, with impacts limited to the immediate area of activity, will have no effects associated with the Wilderness resource (Recreation Planner, Small Project Day, October 21, 2010). Wilderness Study Areas: There are no Congressionally designated Wilderness Study Areas on the GMNF. National Recreation Areas: The GMNF contains two National Recreation Areas: the Moosalamoo National Recreation Area and the Robert T. Stafford White Rocks National Recreation Area. The project is not located within or near these areas as validated by map and site-review. As a result, there will be no effects associated with the National Recreation Area resource expected from this project (Recreation Planner, Small Project Day, October 21, 2010). Appalachian National Scenic Trail: Decision Memo Bromley Havoc Trail Widening Project Page 4

7 The Appalachian National Scenic Trail (AT) traverses across the GMNF and is designated and managed as a special area because of its uncommon and outstanding values (Forest Plan, p. 66). The AT is located near the summit of Bromley Ski Area, but not near or within the influence of this project. As a result, no effects associated with the AT are expected (Recreation Planner, Small Project Day, October 21, 2010). Wild and Scenic Rivers: Although the GMNF does not contain any Congressionally designated Wild and Scenic Rivers, there are many river segments that are eligible to be further considered for addition to the National Wild and Scenic River System. These river segments and their associated corridors are within the Eligible Wild, Scenic, and Recreational Rivers Management Area (Forest Plan, pp. 105 to 107). The project is not located within or near these eligible river segments as validated by map and site-review. As a result, no effects associated with the outstandingly remarkable values identified for any eligible Wild, Scenic, and Recreational Rivers are expected from this project (Recreation Planner, Small Project Day, October 21, 2010). 4. Inventoried Roadless Areas or Potential Wilderness Areas The project is not within any inventoried roadless area (2001 Roadless Area Conservation Rule or 2006 Forest Plan inventoried roadless areas). As a result, no effects associated with the inventoried roadless area resource are expected from the project (Recreation Planner, Small Project Day, October 21, 2010). 5. Existing and Candidate Research Natural Areas There are no existing or candidate Research Natural Areas (Forest Plan, pp. 90 to 93) within or directly adjacent to the project area. This project, with impacts limited to the immediate area of activity, will have no effects associated with any existing or candidate Research Natural Area resource (staff ecologist, Small Project Day, October 21, 2010). 6. American Indian and Alaska Native Religious or Cultural Sites See Item 7 below. 7. Archaeological Sites, or Historic Properties or Areas There are no cultural or historic resources within the influence of the project. As a result, no effects to these resources are expected (concurrence from Forest Archaeologist, October 26, 2010). C. Other Resources In addition to resource conditions that could lead to extraordinary circumstances, I have also considered the direct, indirect, and cumulative effects to other resources such as soil/water, fisheries, visuals, recreation, and vegetation. The project is not expected to result in any Decision Memo Bromley Havoc Trail Widening Project Page 5

8 adverse effects associated with these resources, particularly because all applicable Forest Plan Standards and Guidelines will be implemented (Resource specialists, Small Project Day, October 21, 2010). IV. PUBLIC INVOLVEMENT This project was listed in the quarterly Green Mountain National Forest Schedule of Proposed Actions (SOPA) beginning in January, 2011, and will remain in the SOPA until the project is authorized for implementation. Public involvement included scoping notice mailings to 15 interested parties, including Vermont Department of Forest and Parks and Vermont Department of Fish and Wildlife; Vermont Act 250 Commission; the Town of Peru Selectboard; and the Green Mountain Club. Public comments were considered and used to refine the project and analysis documented in this Decision Memo. The tree skiing opportunity was in part a result of respondent s suggestion to thin the tree island between Havoc and Pushover Trails. No external issues have been identified from public comments. This project was also internally scoped with Forest Service staff. The project was presented at the October 21, 2010 Small Projects Day, attended by most program specialists. Those not attending provided feedback within the next few days. Correspondence with the Manchester District Forester determined a need for him to visit the site and mark trees prior to the trail widening project. V. FINDINGS REQUIRED BY OR RELATED TO OTHER LAWS AND REGULATIONS My decision will comply with all applicable laws and regulations. I have summarized some pertinent ones below. National Environmental Policy Act The National Environmental Policy Act (NEPA) requires public involvement and consideration of potential environmental effects. The entirety of documentation for this decision supports compliance with this Act. Forest Plan Consistency (National Forest Management Act) The National Forest Management Act (NFMA) requires the development of long-range land and resource management plans, and that all site-specific project activities be consistent with direction in the plans. The GMNF Land and Resource Management Plan (Forest Plan) was completed and approved in 2006 as required by NFMA and provides direction for all management activities on the Forest. The Bromley havoc Trail Widening Project implements the Forest Plan, and its consideration is guided by direction for the Alpine Ski Area Management Area (MA 7.1) (Forest Plan, pages 63-65). My decision is based on the best available science, including a review of the record that shows a thorough review of relevant scientific information, a consideration of responsible opposing views, and the acknowledgment of incomplete or unavailable information, scientific uncertainty, and risk. As required by NFMA Section 1604(i), I find this project to be consistent with the Decision Memo Bromley Havoc Trail Widening Project Page 6

9 Forest Plan including goals, objectives, desired future conditions, and Forest-wide and Management Area Standards and Guidelines. Endangered Species Act The Endangered Species Act requires that federal activities do not jeopardize the continued existence of any species federally listed or proposed as threatened or endangered, or result in adverse modification to such species designated critical habitat. In accordance with Section 7(c) of this Act, a report of the listed and proposed, threatened, or endangered species that may be present in the project area was reviewed. See Section III, Item B.1 of this document. Clean Water Act The intent of the Clean Water Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through Forest Plan Standards and Guidelines, specific project design criteria, and mitigation measures to ensure protection of soil and water resources. Wetlands (Executive Order 11990) Executive Order directs the agency to avoid to the extent possible the adverse impacts associated with the destruction or modification of wetlands, and to avoid support of new construction in wetlands wherever there is a practical alternative. See Section III, Item B2 of this document. Floodplains (Executive Order 11988) Executive Order directs the agency to avoid to the extent possible the adverse impacts associated with the occupancy and modification of floodplains, and to avoid support of floodplain development wherever there is a practical alternative. See Section III, Item B2 of this document. Wilderness Act The Wilderness Act established a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as ''wilderness areas''. These areas are administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness. The Act provides for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness. See Section III, Item B.3 of this document. National Trails System Act The purpose of the National Trails System Act includes the designation of the Appalachian Trail to help institute a national system of trails for the ever-increasing outdoor recreation needs of an expanding population. It also promotes the preservation of, public access to, travel within, and enjoyment and appreciation of outdoor areas and historic resources of the Nation. See Section III, Item B. 3 of this document. Wild and Scenic Rivers Act The Wild and Scenic Rivers Act institutes a national wild and scenic rivers system that includes selected rivers which, with their immediate environments, possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values. It provides for them to be preserved in a free-flowing condition, and that they and their immediate environments will be protected for the benefit and enjoyment of present and future generations. See Section III, Item B.3 of this document. Decision Memo Bromley Havoc Trail Widening Project Page 7

10 National Historic Preservation Act Section 106 of the National Historic Preservation Act requires federal agencies to take into account the effect of a project on any district, site, building, structure, or object that is included in, or eligible for inclusion in the National Register. It also requires federal agencies to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. See Section III, Item B.7 of this document. Archaeological Resources Protection Act The Archaeological Resources Protection Act covers the discovery and protection of historic properties (prehistoric and historic) that are excavated or discovered in federal lands. It affords lawful protection of archaeological resources and sites that are on public and Indian lands. See Section III, Item B.7 of this document. Native American Graves Protection and Repatriation Act The Native American Graves Protection and Repatriation Act addresses the discovery and protection of Native American human remains and objects that are excavated or discovered on federal lands. It encourages avoidance of archaeological sites that contain burials or portions of sites that contain graves through in situ preservation, but may encompass other actions to preserve these remains and items. See Section III, Item B.6 of this document. Federal Noxious Weed Act of 1974 and Executive Order (Non-Native Invasive Species) The Federal Noxious Weed Act requires cooperation with State, local, and other federal agencies in the management and control of non-native invasive species (NNIS). Executive Order (EO) requires all pertinent federal agencies (subject to budgetary appropriations) to prevent the introduction of NNIS. This project s decision meets the intent of this law and EO by incorporating all pertinent Forest Plan Standards and Guidelines, and mitigation measures to ensure the management and control of NNIS. Environmental Justice (Executive Order 12898) Executive Order requires consideration of whether projects would disproportionately impact minority or low-income populations. This decision complies with this order. Public involvement occurred for this project, the results of which I have considered in this decisionmaking. Public involvement did not identify any adversely impacted local minority or low-income populations. This decision is not expected to adversely impact minority or low-income populations. VI. MITIGATION MEASURES All pertinent Forest-wide, and Alpine Ski Areas Management Area Standards and Guidelines will be adhered to during project implementation. The following additional mitigation measures will also be adhered to during project implementation: Bromley will provide a site specific erosion control plan for Forest Service approval, for the trail widening portion of the project. Progressively seed and mulch bare soil areas, such that bare soils are protected from erosion during rainfall. To prevent introduction of new NNIS or spread of existing NNIS, the following project design criteria are needed: Decision Memo Bromley Havoc Trail Widening Project Page 8

11 o o o Any equipment brought in to implement the project should be cleaned prior to accessing each construction site Mud and plant debris should be removed from equipment after the work is completed and before the equipment leaves one site to go to the next site Forest Service approved seed mix, and straw or weed-free hay will be used during revegetation following the trail widening project. VII. ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNITIES This decision is not subject to an administrative review or appeal pursuant to 36 CFR 215. This decision is subject to appeal pursuant to 36 CFR 251 by those who hold or, in certain instances, those who apply for written authorizations to occupy and use NFS lands. An appeal for initial review may be filed by those who hold or, in certain instances, those who apply for written authorizations to occupy and use NFS lands. To appeal this decision under 36 CFR 251, a written Notice of Appeal, meeting the content requirements at 36 CFR , must be postmarked or received within 45 calendar days after the date of notice of this decision to applicants and holders of written authorization to occupy and use NFS land. However, when the 45-day filing period would end on a Saturday, Sunday, or Federal Holiday, the filing time is extended to the end of the next Federal working day. The Notice of Appeal must be sent to: USDA Forest Service, Green Mountain and Finger Lakes National Forests, ATTN: Forest Supervisor, Colleen Madrid, 231 N. Main St. Rutland, VT The Notice of Appeal may alternatively be faxed to: USDA Forest Service, Green Mountain and Finger Lakes National Forests, Region 9, ATTN: Forest Supervisor, Colleen Madrid (fax: ). A copy of the appeal must simultaneously be faxed to me (ATTN: Susan Mathison, FAX: 1-(603) ). If an appeal is filed, I am willing to meet and discuss concerns. Additionally, if an appeal is filed, an oral presentation concerning the appeal (36 CFR ) and/or stay of implementation (36 CFR ) of the decision may be requested at any time prior to closing the appeal record. VIII. IMPLEMENTATION DATE This decision may be implemented immediately. Implementation is scheduled to begin on or after July 15, IX. CONTACT PERSON Further information about this decision can be obtained from Tom Paquette during normal office hours (weekdays, 8:00 a.m. to 4:30 p.m.) at the Rochester District office at 99 Ranger Road, Decision Memo Bromley Havoc Trail Widening Project Page 9

12 Rochester, VT; Phone: (802) X 521; Fax: (802) ; or tpaquette@fs.fed.us. X. SIGNATURE AND DATE /s/ Susan H. Mathison Date: July 8, 2011 Susan H. Mathison Eastern Region Winter Sports Team Leader Attachment: Map of the Project Area Decision Memo Bromley Havoc Trail Widening Project Page 10

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