Mount Snow Mountain Bike Trail #4 Project

Transcription

1 United States Department f Agriculture Frest Service Munt Snw Muntain Bike Trail #4 Prject Decisin Mem Eastern Regin March 2014 Green Muntain Natinal Frest Manchester Ranger District Twn f Dver Windham Cunty, Vermnt Fr Infrmatin Cntact: Tm Paquette Permit Administratr Green Muntain Natinal Frest 99 Ranger Rad, Rchester, VT (802) ext. 521 Fax: (802) tpaquette@fs.fed.us Respnsible Official: William F. Jacksn Manchester District Ranger Green Muntain Natinal Frest 2538 Dept Street, Manchester, Vermnt (802) Fax: (802) wfjacksn@fs.fed.us

2 U.S. Department f Agriculture (USDA) prhibits discriminatin in all its prgrams and activities n the basis f race, clr, natinal rigin, age, disability, and where applicable, sex, marital status, familial status, parental status, religin, sexual rientatin, genetic infrmatin, plitical beliefs, reprisal, r because all r part f an individual s incme is derived frm any public assistance prgram. (Nt all prhibited bases apply t all prgrams.) Persns with disabilities wh require alternative means fr cmmunicatin fr prgram infrmatin (e.g. Braille, large print, auditape, etc.) please cntact USDA s TARGET Center at (202) (vice and TDD). T file a cmplaint f discriminatin, write t USDA, Directr, Office f Civil Rights, 1400 Independence Avenue, SW., Washingtn, DC , r call (800) (vice) r (202) (TDD). USDA is an equal pprtunity prvider and emplyer. This dcument can be made available in large print. Cntact Tm Paquette at (802) ; r at tpaquette@fs.fed.us

3 Munt Snw Muntain Bike Trail #4 Prject Decisin Mem USDA Frest Service, Eastern Regin, Green Muntain Natinal Frest Manchester Ranger District Twn f Dver, Windham Cunty, Vermnt I. SUMMARY As District Ranger fr the Manchester Ranger District f the Green Muntain Natinal Frest (GMNF), I am apprving the implementatin f the Munt Snw Muntain Bike Trail #4 Prject, lcated at the Munt Snw Special Use Permit Area. The prject includes the recnstructin f apprximately 1900 feet and the relcatin f apprximately 1300 feet f an existing muntain bike trail in rder t imprve drainage and prvide a mre unifrm trail tread fr riders. The abandned prtins f the trail will be restred t their natural cnditin. The prject is lcated n Natinal Frest System (NFS) lands in the Twn f Dver, Windham Cunty, Vermnt n the Manchester Ranger District f the GMNF (see attached map). II. DECISION TO BE IMPLEMENTED A. Backgrund and Prject Area Munt Snw Resrt is lcated n the Manchester Ranger District, 9 miles nrth f Wilmingtn, Vermnt n Rute 100 in the Twns f Dver and Smerset, Windham Cunty, Vermnt. Munt Snw is perated by Munt Snw, Ltd., a whlly wned subsidiary f Peak Resrts, under a Special Use Permit (SUP), issued in April 2007 and that expires in On average 400,000 peple visit Munt Snw annually, primarily in the winter mnths. Munt Snw als ffers events and activities in the summer mnths, including a muntain bike trail system lcated partially n NFS lands. The lift-served dwnhill muntain bike trail system frm the tp f the Canyn Express chairlift, cnsists f three main trails, an intrductry beginner level trail, an intermediate level trail, and an expert, mre technically challenging trail. The beginner trail was mdified recently s that first time riders can experience an easy, nn-challenging trail frm the tp f the chairlift t the base f the muntain. The existing intermediate trail, Trail #4, cnsists f steep pitches n pen ski slpes and badly erded single track thrugh the tree islands which are prly drained and difficult t maintain, and with many technical features such as rcks and tree rts. The prject is lcated n NFS lands within the Alpine Ski Areas Management Area as defined in 2006 GMNF Land and Resurce Management Plan (Frest Plan, pp ). B. Purpse and Need The purpse f and need fr the Munt Snw Muntain Bike Trail #4 Prject is t prvide an intermediate skill level trail that will be built with current muntain bike trail cnstructin practices, that will cmplement the beginner trail, and that will prvide a reasnable transitin fr mre skilled riders. The recnstructed and relcated trail will mdernize the trail system by using advances in trail design that will incrprate sustainable grades and drainage structures and will have less lng Decisin Mem Munt Snw Muntain Bike Trail #4 Prject Page 3

4 term impacts and require less maintenance. It will prvide an pprtunity fr riders t prgress t the intermediate level. The bjective fr managing alpine ski areas is t maintain the range f recreatin pprtunity by recgnizing the ptential fr alpine skiing, snwbarding, and year rund recreatin activities at the alpine ski areas managed by the private sectr under SUP authrity (Frest Plan, p. 63). Management and perating practices are aimed at enhancing permitted recreatin activities at the area while prtecting the natural resurces and visual characteristics. C. Descriptin f Decisin My decisin is t allw Munt Snw t recnstruct apprximately 1900 feet and relcate apprximately 1300 feet f muntain bike Trail #4 at the Munt Snw Resrt. Thse sectins that are abandned will be rehabilitated, drained prperly and revegetated. The existing Trail #4 begins at the tp f Lift 9, Canyn Express and descends acrss several ski trails and thrugh tree islands between them. The prtin frm Lift 9 t the Suth Bwl ski trail will be recnstructed, with drainage and trail tread imprvements n apprximately 1,900 feet f existing trail. The tread will be raised using native mineral sil, with upslpe drainage t divert water befre it enters the trail. Where sils are shallw, a wden elevated trail may be necessary, t let surface water drainage pass under the trail. There will nt be any sil disturbance in wet areas, as wden bardwalks and bridges will be built ver any wetlands that may be identified during prject implementatin. Apprximately 1500 feet f trail currently lcated n the Suth Bwl ski trail will be eliminated and fully rehabilitated. The cmpacted trail tread will be brken up, ersin prblems will be crrected, drainage will be cnstructed where necessary, and the ld trail tread will be seeded and mulched t stabilize the sil. Apprximately 1300 feet f new trail will be cnstructed partly as single track in the tree islands between ski trails, and partly using existing ski trails and muntain wrk rads. Native mineral sil will be used t raise the trail tread with prper drainage structures installed. This single track trail under the frest canpy will have less direct impacts f heavy precipitatin. The newly cnstructed trail will be built with regular rlling grade variatins and turns t assist in drainage effrts. Grade, flw and bstacles that are negtiable fr an intermediate level muntain biker will be incrprated int the trail design. Minimal tree remval is anticipated. A small rubber tracked excavatr will be used fr the majrity f the prject, alng with trail crew members using hand tls. Fllwing cnstructin, trail cnditins will be mnitred. Any ersin, drainage r ther trail tread prblems will be prmptly crrected. My decisin includes implementatin f mitigatin measures and mnitring requirements identified in Sectin V. f this Decisin Mem. This decisin is based upn an envirnmental analysis cnducted by an interdisciplinary team f Frest Service specialists. This infrmatin is filed in the prject planning recrd lcated in the Rchester Ranger District ffice. III. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION Decisins may be categrically excluded frm dcumentatin in an envirnmental assessment (EA) r envirnmental impact statement (EIS) when they are within ne f the categries f Decisin Mem Munt Snw Muntain Bike Trail #4 Prject Page 4

5 actins fund at 36 CFR 220.6(d) r (e), and there are n extrardinary circumstances related t the decisin that may result in a significant individual r cumulative envirnmental effect. A. Categry f Exclusin Based n the envirnmental analysis included in the prject planning recrd and n experience with similar activities n the GMNF, I have cncluded that this decisin can be apprpriately categrically excluded frm further analysis and dcumentatin in an EA r EIS. I have determined that the selected actin is a rutine activity within the fllwing categry f exclusin fund at 36 CFR 220.6(e) (1): Trail cnstructin and recnstructin f trails. B. Relatinship t Extrardinary Circumstances Resurce cnditins that shuld be cnsidered in determining whether extrardinary circumstances related t the prpsed actin warrant further analysis and dcumentatin in an EA r EIS may be fund at 36 CFR 220.6(b)(1). The degree f any ptential effect frm the prpsed actin assciated with these resurce cnditins determines whether extrardinary cnditins exist. The mere presence f ne r mre f these resurce cnditins des nt preclude use f a categrical exclusin. I have cnsidered the ptential effects frm the prject assciated with the resurce cnditins listed at 36 CFR 220.6(b)(1), and cnclude that there are n extrardinary circumstances related t the decisin that may result in a significant individual r cumulative effect n the quality f the human envirnment. My cnclusin is based n infrmatin presented in this dcument and the entirety f the prject planning recrd. A summary f the prject s ptential effects n each resurce cnditin is as fllws: 1. Federally Listed Threatened r Endangered Species r Designated Critical Habitat, Species Prpsed fr Federal Listing r Prpsed Critical Habitat, r Frest Service Sensitive Species It was determined that there will be n effect n federally listed animal r plant species r their critical habitats resulting frm this prject (Sease, Jhn, Wildlife Bilgical Evaluatin, January 30, 2014). There are n federally listed threatened r endangered plant species n the GMNF (Deller, Mary Beth, Plant Bilgical Evaluatin, September 3, 2013). Frest Service Manual (FSM) 2670 directin requires analysis f ptential effects t sensitive species, thse species fr which the Reginal Frester has identified ppulatin viability is a cncern. These species are listed as Reginal Frester s Sensitive Species (RFSS). This prject may minimally impact Muehlenbergia uniflra individuals, but is expected t remain abundant at this site. This prject is nt likely t lead t lss f viability r trend tward federal listing fr any plant n the RFSS list (Deller, Mary Beth, Plant Bilgical Evaluatin, September 3, 2013) Ptential impacts frm prject activities wuld be disturbance r injury t bats rsting in trees that are felled. Risks f impact are higher fr little brwn bats and nrthern lng-eared bats. With adherence t bat mitigatin measures, the prject culd impact individual RFSS bats, but the prject is nt likely t cause a trend twards federal listing r lss f viability f these species within the prject area r n the GMNF (Sease, Jhn, Wildlife Bilgical Evaluatin, January 30, 2014). Decisin Mem Munt Snw Muntain Bike Trail #4 Prject Page 5

6 Shuld the nrthern lng-eared bat r little brwn bat be listed as threatened r endangered befre the Munt Snw Muntain Bike Trail #4 Relcatin Prject is cmplete, the BE must be reviewed, and a Supplemental Infrmatin Reprt (SIR) may be warranted. At that time, mew r amended mitigatins may be required. (Sease, Jhn, Wildlife Bilgical Evaluatin, March 24, 2014). 2. Fldplains, Wetlands, r Municipal Watersheds This prject is nt lcated within r directly adjacent t any fldplain r municipal watersheds. The prject is lcated in clse prximity t existing wetlands. This has been validated by map and site-review. Sils are typically shallw and have a high amunt f rganic matter. Cmbined with higher rainfall, steep side slpes and n ski trails with a lack f tree cver, makes these sils highly erdible. T minimize the effects n sils, the fllwing recmmendatins will be bserved: Avid sil disturbance in wetlands. If wetlands must be crssed, it shuld be dne via an elevated/bridged trail. Rck utcrps and shallw sils (ranging frm 0-20 deep ver bedrck) make drainage f surface water n and near bike trails difficult. There is ften nt sufficient sil depth t install ditches r water bars. T address this, here are the acceptable ptins we discussed in the field: Build an elevated trail, s as t let surface water drainage pass under the tail. Build a retaining wall n the lwer side f the trail, remve the tpsil (setting is aside fr later use), then bring in lcal sil fill material frm sil pits in deep mineral sils. Nte that since the sils n NFS lands are generally nt deep, this material will need t be brught in frm lwer elevatins. Pits shuld impact minimal grund surface area, be rehabilitated (smther smewhat and revegetated) fllwing remval f material. After the trail is cnstructed, spread the reserved tpsil n the trails edged, seed and mulch. Placing fabric under the fill shuld als be tried t see if this is beneficial. Fllwing cnstructin, mnitr trail cnditin, and prmptly crrect ersin, drainage, and ther trail tread prblems. Fully rehabilitate prtins f the trail t be eliminated. That is, break up the cmpactin, cntrl any water, crrect any ersin, and mulch t stabilize the sil. As a result f the preceding recmmendatins, the effects frm this prject assciated with these resurces are nt expected t be adverse (Burt, Nancy, Sils Scientist, Nvember 9, 2012 field visit reprt) 3. Cngressinally Designated Areas, such as Wilderness, Wilderness Study Areas, r Natinal Recreatin Area Wilderness: Cngressinally designated Wilderness is allcated t the Wilderness Management Area (MA) in the Frest Plan (Frest Plan, pp. 49 t 53). The prject is nt within r directly adjacent t any Wilderness MA. This prject, with effects limited t the immediate area f activity, will have n effects assciated with the Wilderness resurce (Reichert, Melissa, Recreatin Planner, Small Prjects Day, Octber 24, 2012). Decisin Mem Munt Snw Muntain Bike Trail #4 Prject Page 6

7 Wilderness Study Areas: There are n Cngressinally designated Wilderness Study Areas n the GMNF. Natinal Recreatin Areas: The GMNF cntains tw Natinal Recreatin Areas: the Rbert T. Staffrd White Rcks Natinal Recreatin Area and the Msalam Natinal Recreatin Area (Frest Plan, pp. 79 t 81, and 100 t 102, respectively). The prject is nt lcated within r near these areas as validated by map and site-review. As a result, there will be n effects assciated wit the Natinal Recreatin Area resurce expected frm this prject (Reichert, Melissa, Recreatin Planner, Small Prjects Day, Octber 24, 2012). Appalachian Natinal Scenic Trail: The Appalachian Natinal Scenic Trail (AT) traverses acrss the GMNF and is designated and managed as a special area because f its uncmmn and utstanding values (Frest Plan, pp. 66 t 72). The AT is nt near r within the influence f the prject. As a result, n effects assciated with the AT are expected (Reichert, Melissa, Recreatin Planner, Small Prjects Day, Octber 24, 2012). Wild and Scenic Rivers: Althugh the GMNF des nt cntain any Cngressinally designated Wild and Scenic Rivers, there are many river segments that are eligible t be further cnsidered fr additin t the Natinal Wild and Scenic River System. These river segments and their assciated crridrs are within the Eligible Wild, Scenic, and Recreatinal Rivers Management Area (Frest Plan, pp. 105 t 109). The prject is nt lcated within r near these eligible river segments as validated by map and site-review. As a result, n effects assciated with the utstandingly remarkable values identified fr any eligible Wild, Scenic, and Recreatinal Rivers are expected frm this prject (Reichert, Melissa, Recreatin Planner, Small Prjects Day, Octber 24, 2012). 4. Inventried Radless Areas r Ptential Wilderness Areas The prject is nt within any inventried radless area (2001 Radless Area Cnservatin Rule r 2006 Frest Plan inventried radless areas). As a result, n effects assciated with the inventried radless area resurce are expected frm the prject (Reichert, Melissa, Recreatin Planner, Small Prjects Day, Octber 24, 2012). 5. Existing and Candidate Research Natural Areas There are n existing r candidate Research Natural Areas (Frest Plan, pp. 90 t 93) within r directly adjacent t the prject area. This prject, with effects limited t the immediate area f activity, will have n effects assciated with any existing r candidate Research Natural Area resurce (Burbank, Diane, Frest Eclgist, Small Prjects Day, Octber 24, 2012). 6. American Indian and Alaska Native Religius r Cultural Sites See Item 7 belw. 7. Archelgical Sites, r Histric Prperties r Areas There are n cultural r histric resurces within the influence f the prject. As a result, n effects t these resurces are expected (Lacy, Dave, Frest Archelgist, message, March 18, 2014). Decisin Mem Munt Snw Muntain Bike Trail #4 Prject Page 7

8 C. Other Resurces In additin t resurce cnditins that culd lead t extrardinary circumstances, I have als cnsidered the direct, indirect, and cumulative effects t ther resurces such as sil, water, fisheries, visuals, recreatin, and vegetatin. The prject is nt expected t result in any adverse effects assciated with these resurces, particularly because all applicable Frest Plan standards and guidelines will be implemented (Specialists review, Small Prjects Day, Octber 24, 2012). IV. PUBLIC INVOLVEMENT This prject was listed in the quarterly Green Muntain Natinal Frest Schedule f Prpsed Actins (SOPA) beginning in April, 2013, and will remain in the SOPA until the prject is authrized fr implementatin. Public invlvement included Scping ntice mailings, May 8, 2013 Newspaper r legal ntices, psted in Rutland Herald, May 13, 2013 Schedule f Prpsed Actins, beginning in April 1, 2013 N external issues have been identified. This prject was als internally reviewed by Frest Service staff, including at Small Prjects Day n Octber 24, Mitigatin measures came as a result f Small Prjects Day Specialists input, Plant and Wildlife Bilgical Evaluatins, field review with sil and water specialists n Nvember 9, 2012, and by s. V. MITIGATION MEASURES Ptentially-ccupied bat rst trees shall nt be felled during the fall swarming perid frm August 1 st thrugh Octber 30 th. Felling f ptential bat rst trees shuld be avided during ther perids when bats are active n the landscape frm April 1 thrugh July 31 st. T minimize impacts t Muehlenbergia uniflra, the trail shuld be lcated in the drier sectins at elevatins between n the Eg Alley ski trail. T prevent mving wild chervil seeds frm ne part f the ski area t anther, any equipment used t implement the prject shuld be cleaned after ding the wrk, and befre mving t an uninfested site n the muntain. Cleaning can include whatever is practical at this site pwer washing is preferred, but remving mud and plant debris with stiff brms wuld be acceptable. T minimize the effects n sils, the fllwing recmmendatins will be bserved: Avid sil disturbance in wetlands. If wetlands must be crssed, it shuld be dne via an elevated/bridged trail. Rck utcrps and shallw sils (ranging frm 0-20 deep ver bedrck) make drainage f surface water n and near bike trails difficult. There is ften nt sufficient sil depth t install ditches r water bars. T address this, here are the acceptable ptins we discussed in the field: Build an elevated trail, s as t let surface water drainage pass under the tail. Decisin Mem Munt Snw Muntain Bike Trail #4 Prject Page 8

9 Build a retaining wall n the lwer side f the trail, remve the tpsil (setting is aside fr later use), then bring in lcal sil fill material frm sil pits in deep mineral sils. Nte that since the sils n NF are generally nt deep, this material will need t be brught in frm lwer elevatins. Pits shuld impact minimal grund surface area, be rehabilitated (smther smewhat and revegetated) fllwing remval f material. After the trail is cnstructed, spread the reserved tpsil n the trails edged, seed and mulch. Placing fabric under the fill shuld als be tried t see if this is beneficial. Fllwing cnstructin, mnitr trail cnditin, and prmptly crrect ersin, drainage, and ther trail tread prblems. Fully rehabilitate prtins f the trail t be eliminated. That is, break up the cmpactin, cntrl any water, crrect any ersin, and mulch t stabilize the sil. VI. FINDINGS REQUIRED BY OR RELATED TO OTHER LAWS AND REGULATIONS My decisin will cmply with all applicable laws and regulatins. I have summarized sme pertinent laws and regulatins in this sectin. Natinal Envirnmental Plicy Act The Natinal Envirnmental Plicy Act (NEPA) requires public invlvement and cnsideratin f envirnmental effects. The entirety f dcumentatin fr this decisin supprts cmpliance with this Act. Frest Cnsistency (Natinal Frest Management Act) The Natinal Frest Management Act (NFMA) requires develpment f lng-range land and resurce management plans, and that all site-specific prject activities t be cnsistent with directin in the plans. The GMNF Land and Resurce Management Plan (Frest Plan) was cmpleted and apprved in 2006 as required by the NFMA and prvides directin fr all management activities n the Frest. The Munt Snw Muntain Bike Trail #4 Prject implements the Frest Plan, and its cnsideratin is guided by directin fr the Alpine Ski Area Management Area (MA 7.1, Frest Plan, pages 63-65). My decisin is based n the best available science, including a review f the recrd that shws a thrugh review f relevant scientific infrmatin, a cnsideratin f respnsible ppsing views, and the acknwledgement f incmplete r unavailable infrmatin, scientific uncertainty, and risk. As required by the NFMA Sectin 1604(i), I find this prject t be cnsistent with the Frest Plan including gals, bjectives, desired future cnditins, and Frest-wide and Management Area standards and guidelines. Endangered Species Act The Endangered Species Act requires that federal activities d nt jepardize the cntinued existence f any species federally listed r prpsed as threatened r endangered, r result in adverse mdificatin t such species designated critical habitat. In accrdance with Sectin 7(c) f this Act, a reprt f the listed and prpsed, threatened r endangered species that may be present in the prject area was reviewed. See Sectin III, Item B.1 f this decisin dcument. Decisin Mem Munt Snw Muntain Bike Trail #4 Prject Page 9

10 Clean Water Act The intent f the Clean Water Act is t restre and maintain the integrity f waters. The Frest Service cmplies with this Act thrugh Frest Plan standards and guidelines, specific prject design criteria, and mitigatin measures t ensure prtectin f sil and water resurces. Wetlands (Executive Order 11990) Executive Order directs the agency t avid t the extent pssible the adverse impacts assciated with the destructin r mdificatin f wetlands, and t avid supprt f new cnstructin in wetlands wherever there is a practical alternative. See Sectin III, Item B.2 f this decisin dcument. Fldplains (Executive Order 11988) Executive Order directs the agency t avid t the extent pssible the adverse impacts assciated with the ccupancy and mdificatin f fldplains, and t avid supprt f fldplain develpment wherever there is a practical alternative. See Sectin III, Item B.2 f this decisin dcument. Wilderness Act The Wilderness Act established a Natinal Wilderness Preservatin System t be cmpsed f federally wned land designated by Cngress as wilderness areas. These areas are administered fr the use and enjyment f the American peple in such manner as will leave them unimpaired fr future use and enjyment as wilderness. The Act prvides fr the prtectin f these areas, the preservatin f their wilderness character, and fr gathering and disseminatin f infrmatin regarding their use and enjyment as wilderness. See Sectin III, Item B.3 f this decisin dcument. Natinal Trails System Act The purpse f the Natinal Trails System Act includes the designatin f the Appalachian Natinal Scenic Trail t help institute a natinal system f trails fr the ever-increasing utdr recreatin needs f an expanding ppulatin. It als prmtes the preservatin f, public access t, travel within, and enjyment and appreciatin f utdr areas and histric resurces f the Natin. See Sectin III, Item B.3 f this decisin dcument. Wild and Scenic Rivers Act The Wild and Scenic Rivers Act institutes a natinal wild and scenic rivers system that includes selected rivers which, with their immediate envirnments, pssess utstandingly remarkable scenic, recreatinal, gelgic, fish and wildlife, histric, cultural, r ther similar values. It prvides fr them t be preserved in a free-flwing cnditin, and that they and their immediate envirnments will be prtected fr the benefit and enjyment f present and future generatins. See Sectin III, Item B.3 f this decisin dcument. Native American Graves Prtectin and Repatriatin Act The Native American Graves Prtectin and Repatriatin Act addresses the discvery and prtectin f Native American human remains and bjects that are excavated r discvered n federal lands. The Act encurages avidance f archaelgical sites that cntain burials r prtins f sites that cntain graves thrugh in situ preservatin, but may encmpass ther actins t preserve these remains and items. See Sectin III, Item B.6 f this decisin dcument. Natinal Histric Preservatin Act Sectin 106 f the Natinal Histric Preservatin Act requires federal agencies t take int accunt the effect f a prject n any district, site, building, structure, r bject that is included Decisin Mem Munt Snw Muntain Bike Trail #4 Prject Page 10

11 in, r eligible fr inclusin in the Natinal Register. It als requires federal agencies t affrd the Advisry Cuncil n Histric Preservatin a reasnable pprtunity t cmment. See Sectin III, Item B.7 f this decisin dcument. Archelgical Resurces Prtectin Act The Archelgical Resurces Prtectin Act cvers the discvery and prtectin f histric prperties (prehistric and histric) that are excavated r discvered n federal lands. This Act affrds lawful prtectin f archaelgical resurces and sites that are n public and Indian lands. See Sectin III, Item B.7 f this decisin dcument. Federal Nxius Weed Act and Executive Order (Nn-native Invasive Species) The Federal Nxius Weed Act requires cperatin with State, lcal, and ther federal agencies in the management and cntrl f nn-native invasive species (NNIS). Executive Order (EO) requires all pertinent federal agencies (subject t budgetary apprpriatins) t prevent the intrductin f NNIS. This prject s decisin meets the intent f this law and EO by incrprating all pertinent Frest Plan standards and guidelines, and mitigatin measures t ensure the management and cntrl f NNIS. Envirnmental Justice (Executive Order 12898) Executive Order requires cnsideratin f whether prjects wuld disprprtinately impact minrity r lw-incme ppulatins. This decisin cmplies with this rder. Public invlvement has ccurred (see Sectin IV), the results f which I have cnsidered in the decisin-making prcess fr this prject. N adverse impacts t lcal minrity r lw-incme ppulatins were identified. This decisin is nt subject t administrative appeal pursuant t 36 CFR 214. VII. ADMINISTRATIVE REVIEW AND OBJECTION /APPEAL OPPORTUNITIES This decisin is nt subject t an administrative review r bjectin pursuant t 36 CFR 218. The decisin is als n lnger subject t an administrative review r appeal pursuant t pursuant t 36 CFR 215. On January 17, 2014, the President signed int law the Cnslidated Apprpriatins Act f 2014 (Pub. L. N ). Sectin 431 f that Act directs that the 1992 and 2012 legislatin establishing the 36 CFR 215 (pst-decisinal appeals) and 36 CFR 218 (pre-decisinal bjectins) prcesses shall nt apply t any prject r activity implementing a land and resurce management plan that is categrically excluded.under the Natinal Envirnmental Plicy Act [NEPA]. On February 7, 2014, the President signed int law the Agricultural Act f 2014 (Farm Bill) (Pub. L. N ). Sectin 8006 f the 2014 Farm Bill repealed the Appeals Refrm Act (ARA) (Pub. L. N ). The ARA s implementing regulatin was 36 CFR 215. The 2014 Farm Bill als directs that the pre-decisinal bjectin prcess established in the Cnslidated Apprpriatin Act f 2012 shall nt be applicable t categrically excluded prjects r activities. VIII. IMPLEMENTATION DATE This decisin may be implemented immediately. Decisin Mem Munt Snw Muntain Bike Trail #4 Prject Page 11

12 IX. CONTACT PERSON Further infrmatin abut this decisin can be btained frm Tm Paquette during nrmal ffice hurs (weekdays, 8:00 am t 4:30 pm) at the Rchester District ffice lcated at: 99 Ranger Rad, Rchester, Vermnt; phne: ; fax: ; r tpaquette@fs.fed.us. X. SIGNATURE AND DATE /s/ William F. Jacksn WILLIAM F. JACKSON Manchester District Ranger 3/31/2014 Date Attachment(s): Prject Area Map Decisin Mem Munt Snw Muntain Bike Trail #4 Prject Page 12