Decision Notice and Finding of No Significant Impact Conger Rock Harvesting Project Aspen-Sopris Ranger District White River National Forest Gunnison County, Colorado T11S, R88W, Section 21 and 22 Decision This notice documents my decision for the Conger Rock Harvesting project. An environmental analysis of the proposal was undertaken in response to a plan of operations submitted by Gallegos Corporation; the plan outlines a request for removal of mineral materials located on National Forest System (NFS) lands near Marble, Colorado. In this case, the desired material is considered decorative rock comprised mostly of granodiorite and quartz monzonite found within a natural talus deposit. The Gallegos Corporation has been removing the same rock down slope on private land since 1998 under State of Colorado and Gunnison County permits and requested to continue harvesting from adjacent forest lands. Gallegos owns the 7.84-acre private property adjacent south to the affected area (NE ¼ Section 28) where the past operations have occurred and this site would continue to serve as a staging area for future operations. Attached to the land title is a perpetual non-exclusive easement across private land located in NW ¼ NW ¼ of Section 27 for all purposes of ingress and egress between their property and County Road 3. After considering information provided in the environmental assessment (EA), design criteria, public comments, consultation with other agencies, review of the White River National Forest Land and Resource Management Plan, and internal Forest Service specialist input, I have decided to select the proposed action, which authorizes Gallegos Corporation to remove rock from NFS lands as described in this notice. My decision allows up to 1,244 tons of decorative rock to be removed between June 21 and October 31 (or the first snow, whichever comes first) each year. The operation will be initially limited to a 5.86-acre area located in the SE ¼ SE ¼ of Section 21 (see EA, Figure 2). Expansion of the rock harvesting north and east into Section 22 will be considered once it is determined suitable material has been exhausted in the initial harvest area and will be subject to additional review under the National Environmental Policy Act (NEPA). Authorization to remove rock will be granted through a Contract for the Sale of Mineral Materials (form FS-2800-9), which expires after one year. Additional contracts can be issued and will be subject to the company submitting a new request each year and re-evaluation by the Forest Service. With this type of contract, the Forest Service will be monitoring operations periodically throughout the season in order to verify quantity of material removed and compliance with contract stipulations. Decision Notice and FONSI for Conger Rock Harvesting 1
A majority of the operation involves gathering and stacking rocks by hand, but heavy equipment is also used to complete the harvesting process. Equipment used on public land includes a frontend loader to move rocks into windrows and a skid steer to move pallets from harvest to staging. A backhoe may be used for reclamation work at the end of each season. No other heavy equipment, roads, structures, or surface activities will be permitted on NFS lands. Design Criteria In addition to criteria listed in the EA, my decision requires the following stipulations be added to the contract: Hours of operation for heavy equipment will be restricted between the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday in accordance with Colorado Noise Statute 25-12- 103. Lighter colored rocks will be stained to blend in with the existing darker rocks on the surface when visible from below. To determine when and where staining is necessary, the Forest Service will review photographs taken from established key observation points at the beginning and end of season. One-step rock staining products such as Permeon are suggested, which chemically react with the rock and sunlight to accelerate the weathering process. Rocks may be stained at the end of each season, as needed. Stain would be applied by an authorized applicator with a backpack-mounted manual sprayer under the supervision of the Forest Service and only once in a given area. The design criteria already specify that individual trees and tree islands will be avoided and no tree cutting will be allowed without Forest Service authorization. For further clarification, if accidental loss occurs or a tree cannot be avoided, replacement will be in kind (same species) at a 2:1 ratio to ensure establishment. The Forest Service has authority to impose the above restrictions and other design criteria on NFS lands only; control over uses and activity on private land is outside the Federal government s jurisdiction. Gallegos Corporation will also need to obtain necessary permits and clearance from the State of Colorado and Gunnison County before removing any material. The state and county may impose additional requirements or restrictions. As part of its contract obligation with the Forest Service, Gallegos Corporation will need to demonstrate compliance with all applicable state and county regulations. As part of the permitting process, a reclamation bond will be put in place to the satisfaction of both the State and Forest Service. Rationale The sale of mineral materials in this proposed action meets the purpose and need of the project. As determined during the forest planning process, the primary supply of decorative rock is on public lands and public demand for building stone from the White River National Forest is high. This project helps fulfill some of that demand without having to develop entirely new access roads and other infrastructure. Furthermore, the Forest Service will be able to maintain regular control and oversight of the permitted activity by reviewing the mineral materials contract on an annual basis. Because our agency will need to conduct periodic monitoring throughout the operating season, we will be able to help observe and document compliance with State and county requirements as needed. Decision Notice and FONSI for Conger Rock Harvesting 2
Alternatives Considered Two alternatives were considered in detail: No Action and the Proposed Action. Under No Action, no mineral materials permit would be issued and no rock harvesting would take place. Current management plans would continue to guide management of the area. The No Action alternative was used as a baseline to compare the effects of the Proposed Action. A summary comparison of the two alternatives can be found in the EA on pages 12 and 13. Public Involvement Preliminary information about the proposal was sent to 25 individuals, organizations, and other agencies for scoping on September 18, 2008. Consultation with affected Tribes was also initiated at this time. Additionally, public notices and news releases were published in the Aspen Daily Times, Glenwood Springs Post Independent, Crystal Valley Echo & Marble Times, and Daily Sentinel between September and October 2008. Several phone calls, emails, and letters were received in response to this early public notice. Based on this early input, I determined that scenery, noise, transportation, air quality, vegetation, and wildlife were key issues to be analyzed in the EA. These issues also helped us identify design criteria to be followed during project implementation. The EA was prepared and published in late February and a legal notice of opportunity to comment appeared in the Aspen Times, the newspaper of record, on March 1, 2009. Twentyseven comments were received during the 30-day notice and comment period, which ended on March 31, 2009. A few additional comment letters were received after the deadline. A majority of comments came from residents living near the project area, with primary concerns related to noise and visual impacts. These concerns are what prompted me to require adding the hours of operations and rock staining stipulations discussed earlier. These additional design criteria will help reduce short-term noise impacts and avoid long-term visual impacts. Other comments did not present any new issues or required changes to the EA. These other comments are addressed in the Finding of No Significant Impact. Finding of No Significant Impact After considering the context and intensity of environmental impacts described in the EA, I have determined that the proposed action will not have a significant effect on the quality of the human environment. Therefore, an environmental impact statement will not be prepared. My determination is based on the following criteria outlined in the implementing regulations for the National Environmental Policy Act (40 CFR 1508.27). Context This project is a site-specific action that by itself does not have statewide, regional, national, or international importance. As disclosed in the EA, up to 23.33 acres of NFS lands could be affected; this acreage represents approximately 1/1000 th of the entire White River National Forest. Environmental impacts would be limited to the area described in the EA and will have little influence upon regional or state resources. Within in this area and over a potential 30-year timeframe, a total of 37,320 tons of rock could be removed. This figure is a theoretical maximum because, as stated before, continuation of the rock harvesting will be subject to re-evaluation on an annual basis and additional NEPA review. Removal of rock is considered an irreversible Decision Notice and FONSI for Conger Rock Harvesting 3
commitment of resources because rock is not a renewable product. After all desired materials have been handpicked and transported off site, it is estimated that at least five feet of rock will remain on the talus slope. Intensity 1) Both beneficial and adverse effects have been considered in my decision. Over the long-term, the existing steep hillside will be gradually reclaimed to a more stable slope, lowering the risk of exposure to life and property that is present under current conditions. Approximately 50 homes are located within visual and auditory range of the project area. Sounds from heavy equipment being used on the hill would be heard on an intermittent basis (2-3 days a week) for up to one-third of the year. Removing surface rocks would also result in a long-term color contrast in the talus slope. These impacts are why I decided to add hours of operation and rock staining requirements. Hours of operation will help preserve quiet hours in the evenings and weekends valued by full and part-time residents. Staining will help blend freshly exposed rock surfaces with the surrounding darker rock within a couple weeks of application. Some wildlife is likely to leave the area to avoid noise and disturbance; however, they are expected to return after the harvesting concludes each year. These impacts are considered short-term in nature and will not impair long-term productivity and as thus, they are not considered to be of significant intensity. 2) The limited amount of truck traffic associated with this activity will not exceed traffic levels from the past 10 years and will pose no more threat to residents than existing visitor and residential traffic currently does on a daily basis. Incidental dust may be generated from rocks and equipment moving around on the talus slope located on NFS lands and our design criteria includes watering to minimize dust as needed. More potential for dust originates on private land where bare soil is exposed (staging area and private access road) which is outside the control of the Forest Service. We recommend Gunnison County consider this impact and appropriate dust abatement procedures when evaluating the land use application from the Gallegos Corporation. Rock harvesting is not anticipated to cause disproportionate adverse human health or environmental effects to air quality. 3) The project area can be seen from a 0.5 mile stretch of the Crystal River, of which 20 miles is considered eligible for wild and scenic rivers status as a recreation river. Scenery is one of the outstandingly remarkable values (ORV) identified for this segment of river. Rock staining will preserve scenic quality in the river view corridor and result in no long-term impact to the scenery ORV or effect to the eligibility, potential classification, or potential suitability of the area. Noise and incidental dust generated by the operation would not be detectable in the nearby Maroon Bells-Snowmass or Raggeds Wilderness areas. The project does not require any road access through the adjacent Gallo Hill roadless area. There will be no impacts on research natural areas or designated parklands or prime farmlands since these do not exist within the affected area. 4) The effects on the quality of the human environment are not highly controversial, because there is no substantial dispute as to the size, nature or effects of the proposed action among scientists. 5) The environmental effects analysis (EA, Chapter 3) demonstrates that the effects are not uncertain and do not involve unique or unknown risk. 6) This site-specific action does not establish a precedent for future actions, which may have significant effects; nor does it represent a decision in principle about a future action. Decision Notice and FONSI for Conger Rock Harvesting 4
7) Past, present and reasonable foreseeable future actions have been considered and analyzed in conjunction with the proposed action and there were no cumulative effects determined to be significant. Cumulative effects are disclosed in the EA (Chapter 3). 8) In compliance with the National Historic Preservation Act, a cultural resource inventory was completed in September 2008 and concludes that rock harvesting would result in no historic properties affected. The Colorado State Historic Preservation Office (SHPO) has been notified. Native American Tribes were consulted on this project and no concerns were raised. 9) In compliance with the Endangered Species Act, a Biological Assessment (BA) was prepared. The BA determined that rock harvesting would have no effect to federally listed fish or contribute to downstream water depletions and would have no effect to Canada lynx or its critical habitat. No other federally endangered or threatened species are known or have potential to occur in the area. 10) This action does not violate other Federal, State, or local laws or requirements designed for the protection of the environment. Other applicable laws and regulations were reviewed and considered in the EA and are summarized hereafter. Findings Required by Other Laws Mineral Materials Act of 1947, as amended: This law grants the Forest Service authority for the disposal of mineral materials. Forest Service policy (36 CFR 228, Subpart C) is to make mineral materials on NFS lands available to the public and other entities where reasonable protection of, or mitigation of effects on, other resources in assured, and where removal is not prohibited. National Forest Management Act (NFMA) of 1976, as amended: This project, and associated design criteria, complies with White River National Forest Plan standards and guidelines and management area direction applicable to the project area. Clean Water Act of 1972, as amended: Silt fences required by the design criteria will further limit the extremely low potential for sediment to enter the Crystal River. Clean Air Act of 1970, as amended: Incidental fugitive dust created by traffic to and from the rock harvest operation will not exceed air quality standards for particulate matter. Executive Order 12898 (environmental justice): No low-income or minority populations would be adversely or disproportionately affected by the project. Administrative Review or Appeal Opportunities Individuals or organizations who submitted comments during the comment period specified at 215.6 may appeal this decision. The notice of appeal must meet the appeal content requirements at 36 CFR 215.14. The appeal must be filed (regular mail, fax, email, hand-delivery, or express delivery) with the Appeal Deciding Officer at: USDA Forest Service, Rocky Mountain Region, 740 Simms, Golden, CO 80401; FAX: (303) 275-5154. Decision Notice and FONSI for Conger Rock Harvesting 5
The office business hours for submitting hand-delivered appeals are: Monday through Friday 7:30 a.m. to 4:00 p.m., excluding holidays. Electronic appeals must be submitted in a format such as an email message, plain text (.txt), rich text format (.rtf), or Word (.doc) to: appeals-rocky-mountain-regional-office@fs.fed.us The appeal must have an identifiable name attached or verification of identity will be required. A scanned signature may serve as verification on electronic appeals. Appeals, including attachments, must be filed within 45 days from the publication date of a legal notice of decision in the Aspen Times, the newspaper of record. Attachments received after the 45-day appeal period will not be considered. For this decision, the publication date in the Aspen Times is the exclusive means for calculating the time to file an appeal. Those wishing to appeal this decision should not rely upon dates or timeframe information provided by any other source. Implementation If no appeals are filed within the 45-day time period, implementation of the decision may occur on, but not before, 5 business days from the close of the appeal filing period. When appeals are filed, implementation may occur on, but not before, the 15th business day following the date of the last appeal disposition. Contact Person For additional information concerning this decision or the Forest Service appeal process, contact Skye Sieber, West Zone NEPA Coordinator, (970) 625-6864 or ssieber@fs.fed.us. /s/ Irene L. Davidson 7/17/09 IRENE L. DAVIDSON Date District Ranger Decision Notice and FONSI for Conger Rock Harvesting 6