Decision Notice and Finding of No Significant 1 Impact for the Outfitter Guide Motorized Tours DECISION NOTICE & FINDING OF NO SIGNIFICANT IMPACT OUTFITTER GUIDE MOTORIZED TOURS SPECIAL USE PERMIT ISSUANCES USDA FOREST SERVICE, BIGHORN NATIONAL FOREST TONGUE, MEDICINE WHEEL/PAINTROCK, AND POWDER RIVER RANGER DISTRICTS SHERIDAN, JOHNSON, BIGHORN, AND WASHAKIE COUNTIES, WYOMING BACKGROUND The outfitter guide motorized tours will be conducted in the Bighorn Mountains. Specific tour routes can be viewed in the environmental assessment (EA). All tour routes will be operated on existing system roads and trails that are currently being used by the general public. DECISION Based on our review of the Outfitter Guide Motorized Tours Special Use Permit Issuances EA and the project record, we have decided to implement the proposed action which amends the special use permits for Bear Lodge Resort (B-Y Ranch Associates, Inc.); Ultimate Outdoors, LLC; and Triple Three Outfitters to allow outfitter and guide services for motorized tours on the forest. A summary of our decision is listed below. The EA contains more detailed descriptions of the activities that will be permitted as a result of our decision (pages 5 through 8). Bear Lodge Resort (B-Y Ranch Associates, Inc.) Snow coach tours: 4 proposed tours/routes from November 16 through April 15 with 10 clients per trip. ATV and jeep motorized tours: 7 proposed tours/routes from June 16 through September 30 with 10 clients per trip. Ultimate Outdoors, LLC ATV and side-by-side tours: 10 proposed tours/routes from June 16 through August 31 with 10 clients per trip. ATV shuttle service: June 16 through August 31. Triple Three Outfitters ATV and jeep motorized tours: 5 proposed tours/routes from June 16 through August 31 with 10 clients per trip.
2 Tongue, Medicine Wheel/Paintrock, and Powder River Ranger Districts, Bighorn National Forest DECISION RATIONALE We have reviewed the EA and the project record for the Outfitter Guide Motorized Tours Special Use Permit Issuances project. We have determined that the environmental impacts of the proposed action are not significant; therefore, preparation of an environmental impact statement (EIS) is not required. The Outfitter Guide Motorized Tours Special Use Permit Issuances EA and the project file document the environmental analysis and conclusions upon which we based our decision. Our decision to amend the special use permits to allow motorized tours is consistent with the purpose and need of the project which is a product of the2007 Resource Use Analysis, Outfitter- Guide Needs Determination, and Allocation of Recreation Use completed by the Bighorn National Forest. The 2007 analysis described existing use capability, determined the need for outfitting and guiding assistance, set guidelines for allocating use between outfitted and nonoutfitted use, and set capacities for area- and trail-based recreation across the forest. In particular, the analysis showed a capacity and potential need for motorized guided tours, interpretive day use, and four-wheel-drive (4WD) jeep tours. Our decision is also consistent with the response the forest received to the 2008 and 2009 prospectuses for outfitter and guide services for the following activities: day horseback rides, mountain biking, rock/ice climbing, dog sled tours, ATV tours, historic/natural history/geology tours, 4WD tours, packing services/drop camps, photography trips, and fishing (educational and recreational). We received three proposals for motorized tours. Our decision is consistent with the Bighorn National Forest Revised Land and Resource Management Plan (forest plan) emphasis on improving the capability of the forest to provide diverse, high-quality outdoor recreation opportunities (objective 2.a) by continuing to permit outfitter guide services on national forest system (NFS) lands, and develop opportunities that highlight resource conservation education and promote learning through visitor information services. Our decision is also responsive to internal and public concerns about the type, amount, location, and timing of motorized summer and winter activities. By changing the proposed action in response to issues, concerns, and new information as they surfaced, we made the motorized tour proposals more specific, and we developed design features and monitoring that address concerns about resource impacts and public safety (EA pages 5 through 9). PUBLIC INVOLVEMENT This action was listed as a proposal on the Bighorn National Forest schedule of proposed actions and updated periodically during the analysis. The EA lists agencies and people consulted on page 19. Public scoping was initiated March 17, 2011 when a news release was printed in local papers. This and subsequent scoping documents were posted on the Bighorn National Forest website. Following refinement of the proposed action and purposed and need, a Notice of Proposed Action (NOPA,) maps, and cover letter were distributed on May 20, 2011 to those who responded to the initial scoping. NOPA availability and a request for comments were published in the Casper Star Tribune on May 24, 2011.
Decision Notice and Finding of No Significant 3 Impact for the Outfitter Guide Motorized Tours Most comments on the NOPA addressed aspects of the proposed action and are consistent with those parts of the final EA document. Several comments opposed five of the seven routes proposed by Bear Lodge Resort because the motorized tours would travel down forest system road (FSR) 193, increasing dust, noise, and litter around summer homes and impacting other visitors in the area. Because the proposed action includes design features to minimize the dust, noise, and litter and limit the total trips per week on this route (EA page 8, design features 8, 9, and 11), we are allowing the motorized tours on FSR 193 as part of our decision. Another comment expressed concern that operating guided snowcoach tours on snowmobile trails could cause a hazard. In making our decision, we considered current snowcoach and snowmobile use in the project area. While there has been no indication of safety hazards associated with the two uses, we asked the interdisciplinary team to identify design features to address the concern. We are confident that design features 4, 5, and 6 (EA page 8) will minimize any hazards that might arise from implementing our decision. A third comment expressed concerned about potential use on roads and trails degrading current condition to an unacceptable level. It would be difficult, if not impossible, to determine if trail impacts are the result of the guided motorized tours or use by the general public. Nevertheless, our decision includes annual monitoring and evaluation protocols to assess impacts from trail use regardless of the source (EA page 9). FINDING OF NO SIGNIFICANT IMPACT After considering the environmental effects described in the EA, we have determined the proposed action will not have significant effects on the quality of the human environment based on the context and intensity of its impact (40CFR 1508.27). Therefore, an environmental impact statement will not be prepared. We were guided by the following in making this determination: 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 1508.27). CONTEXT The outfitter guide motorized tours project area is located in the Bighorn Mountains in portions of Sheridan, Johnson, Bighorn, and Washakie Counties, Wyoming. Maps of each proposed tour route define the specific boundary for each tour (EA appendix B). All proposed routes are on designated open roads and trails that are currently open for use by motorized vehicles.
4 Tongue, Medicine Wheel/Paintrock, and Powder River Ranger Districts, Bighorn National Forest INTENSITY The intensity of effects was considered in terms of the following: 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. No significant effects were identified and documented in the environmental analysis. Consideration of the intensity of environmental effects is not biased by beneficial effects of the action. 2. The degree to which the proposed action affects public health or safety. The guided tours may help improve public safety through implementation of design features (EA page 8, design features 5, 6, 9, and 11). 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 will be no significant effects on unique characteristics of the area because no park lands, prime farmlands, wild and scenic rivers or ecologically critical areas will be affected by the project. No significant effects on unique characteristics of wetlands or historic or cultural resources were identified (EA pages 15 through 17). Design features are in place to protect historic or cultural resources from potential indirect effects (EA page 8). 4. 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. Some controversy may occur from different recreational uses (EA page 14). There is no known credible scientific controversy over the impacts of the proposed action. 5. 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 actions like the ones proposed. The analysis shows the effects are not uncertain and do not involve unique or unknown risk that are not already being allowed (see EA chapters 2 and 3). The proposed actions outfitter and guide motorized tours are new services but are not new uses on the Bighorn Mountains. 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. The action is not likely to establish a precedent for future actions with significant effects. 7. Whether the action is related to other actions with individually insignificant but cumulatively significant impacts. The cumulative impacts are not significant (EA pages 11 through 17).
Decision Notice and Finding of No Significant 5 Impact for the Outfitter Guide Motorized Tours Intensity of effects, cont. 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 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. The action will also not cause loss or destruction of significant scientific, cultural, or historical resources because a Class I heritage resource inventory report was completed for the project. The report recommended a finding of no potential to cause effect, and it will be shown in the year-end-report to the Wyoming State Historical Preservation Office (SHPO). 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 1973. The action will not adversely affect any endangered or threatened plant species or plant habitat that has been determined to be critical under the Endangered Species Act of 1973, because no plant species have been identified as endangered or threatened (EA page 17). The forest consulted with the U.S. Fish and Wildlife Service in 2000 regarding Canada lynx and effects of forestwide activities within lynx analysis units (LAUs) and again in 2005 during the revision of the forest plan. Both consultations found the forest s activities from a programmatic perspective to may affect, not likely to adversely affect the lynx. This project area is within an LAU boundary, however the forest is currently considered to be unoccupied as identified in the forest plan biological assessment and the 2007 Northern Rockies Lynx Management Direction Final Environmental Impact Statement (USDA Forest Service 2007). The action will not adversely affect Canada lynx or its habitat (EA pages 17). 10. Whether the action threatens to violate federal, state, or local law or requirements imposed for the protection of the environment. The action will not violate federal, state, and local laws or requirements for the protection of the environment. Applicable laws and regulations were considered in the EA (EA chapter 3, pages 11 through 17). The action is consistent with the forest plan (EA page 2). FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS This decision is consistent with the forest plan. The project will implement the forest plan through actions that address the following objective: Objective 2a - Improve the capability of the Bighorn National Forest to provide diverse high-quality outdoor recreation opportunities (forest plan p. 1-5).
6 Tongue, Medicine Wheel/Paintrock, and Powder River Ranger Districts, Bighorn National Forest ADMINISTRATIVE REVIEW (APPEAL) OPPORTUNITIES This decision is subject to administrative review (appeal) pursuant to federal regulations at 36 CFR part 215. Individuals or organizations who provided comment or otherwise expressed interest in the proposed action during the comment period may appeal. Notices of appeal that do not meet the content requirements of 36 CFR 215.14 or 36 CFR 251.90, as appropriate, will be dismissed. Names and addresses of appellants will become part of the public record. This decision is also subject to appeal under federal regulations at 36 CFR part 251 subpart C by the special use permit holders or applicants ( 251.86). However, the special use permit holders or applicants must choose to appeal under either 36 CFR 251 or 215 but not both ( 251.85). Notices of appeal that do not meet the content requirements of 36 CFR 215.14 or 36 CFR 251.90, as appropriate, will be dismissed. Names and addresses of appellants will become part of the public record. APPEALS FILED UNDER 36 CFR PART 215 Appeals filed under 36 CFR part 215, must be submitted (by regular mail) to: USDA Forest Service Region 2, Appeal Reviewing Officer, 740 Simms Street, Golden, CO 80401 or (by fax) to 303-275-5134. The office business hours for those submitting hand delivered appeals are 7:30 a.m. to 4:30 p.m. Monday through Friday, excluding holidays. Electronic appeals must be submitted in a format such as an email message, rich text format (.rtf), or Word (.doc) to appealsrocky-mountain-regional-office@fs.fed.us. Appeals, including attachments, must be filed within 45 days from the publication date of notice of this decision in the Casper Star Tribune, the newspaper of record. The publication date in the Casper Star Tribune is the exclusive means for calculating the 45-day appeal period. Those wishing to appeal this decision should not rely on dates or time-frame information provided by any other source. To be eligible to appeal this decision on this project, an individual or group must have provided a comment or otherwise expressed interest in this project by the close of the comment period. The notice of appeal must meet the appeal content requirements at 36 CFR 215.14. APPEALS FILED UNDER 36 CFR PART 251 SUBPART C Appeals filed under 36 CFR part 251 subpart C (including attachments) must be in writing and submitted (by regular mail) to: Reviewing Officer: William Bass Forest Supervisor, Bighorn National Forest 2013 Eastside 2 nd Street Sheridan, WY 82801. Copies of the appeal must be also submitted to the ranger or rangers who will sign the amended special use permits: Deciding Officer: Clarke McClung Tongue Ranger District, Bighorn National Forest 2013 Eastside 2 nd Street Sheridan, WY 82801.
Decision Notice and Finding of No Significant 7 Impact for the Outfitter Guide Motorized Tours Deciding Officer: Mark Booth Powder River Ranger District, Bighorn National Forest 1415 Fort Street Buffalo, WY 82834. Deciding Officer: David Hogen Medicine Wheel/Paintrock Ranger District, Bighorn National Forest 604 E. Main Lovell, WY 82431 Appeals may also be hand or express delivered to the addresses shown above. For those handdelivering an appeal, office business hours are 8:00 a.m. through 4:30 p.m. Monday through Friday, excluding holidays. Appeals must be filed within 45 days following the date of the notice of the written decision ( 251.88). An appellant under this subpart may request an oral presentation ( 251.97) or request a stay of implementation of the decision pending decision on the appeal ( 251.91). The notice of appeal must meet the appeal content requirements at 36 CFR 251.90. IMPLEMENTATION DATE Implementation of the selected alternative will occur under the authority of this ROD, subject to the appropriate appeal and implementation procedures cited above. Acreages and locations are approximate and may vary slightly during implementation depending on site-specific conditions. Pursuant to 36 CFR part 215, if no appeal is filed within the 45-day period, implementation of this decision may occur on, but not before, 5 business days from the close of the appeal filing period. If an appeal is received, implementation may occur on, but not before, the 15 th business day following the date of the last appeal disposition. Pursuant to 36 CFR part 251 subpart C, if no appeal is filed, implementation of this decision may occur on, but not before, 5 business days from the close of the appeal filing period. If an appeal is received, implementation may occur during the appeal process, unless the reviewing officer grants a stay ( 251.91). Implementation on the ground is expected to take place starting the fall/winter of 2011 with snowcoach tours. ATV/ jeep tours are anticipated to be implemented in the spring/summer of 2012.