Draft Decision Notice and Finding of No Significant Impact

Transcription

1 United States Department of Agriculture Draft Decision Notice and Finding of No Significant Impact Zuni Mountain Trail Project Cibola National Forest, Mt Taylor Ranger District McKinley County & Cibola County, New Mexico Forest Service Southwestern Region March 2017

2 In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA s TARGET Center at (202) (voice and TTY) or contact USDA through the Federal Relay Service at (800) To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C ; (2) fax: (202) ; or (3) program.intake@usda.gov. Zuni Mountain Trail Project DN/FONSI 2

3 Draft Decision Notice and Finding of No Significant Impact Zuni Mountain Trail Project USDA Forest Service Cibola National Forest and National Grasslands Mt Taylor Ranger District McKinley and Cibola Counties, New Mexico Draft Decision Notice Decision Based upon my review of the proposal, the analysis and process described in the Environmental Assessment (EA), public comments, and the project record, I have decided to implement Alternative C with modifications to address new information and resource concerns related to equestrian and cultural uses for the Zuni Mountain Trail Project. In response to comments on the preliminary EA released in June 2015, the district interdisciplinary (ID) Team modified Alternative C to include equestrian and hiker use to mountain bike trails. Adding equestrian use changed the trail design standards to accommodate pack and saddle (Forest Service Handbook ). A section of trail along Bluewater creek will be constructed for hiking only. Fence openings or cowboy gates for horses to go through will be constructed where mountain bike cattle guards are installed. This decision includes approximately 186 miles of new trails added to the existing trail system and managed for pack and saddle, bicycle, and hiker/pedestrian. This decision authorizes the following actions: Addition of approximately 33 miles of unauthorized routes to the system as pack and saddle, bicycle, and hiker/pedestrian trails, using existing tread with construction of minor reroutes and maintenance features where needed, and installation of trail signs; Construction of approximately 145 miles of new trails manage as pack and saddle, bicycle, and hiker/pedestrian trails and install trail signs; Construction of approximately 8 miles of new hiker/pedestrian trail (including a new trailhead) along Bluewater Creek, up onto Salitre Mesa; Installation of 42 mountain bike cattle guards and cowboy gates or fence openings where trails cross pasture fences; Construction of five new trailheads and redesign the existing Quartz Hill parking area to accommodate up to 10 passenger vehicles and 3 vehicles towing a trailer, with associated maneuvering space to unload trailers.; and Zuni Mountain Trail Project DN/FONSI 3

4 Improvement of watershed conditions by eliminating access to 132 miles of unauthorized routes by rehabilitating the first ¼-mile segment where unauthorized routes intersect system roads or trails. When added to the existing 28 miles of system trail managed for multiple non-motorized uses, implementing a modified Alternative C will result in 214 miles of trails managed for pack and saddle, bicycles, and hiker/pedestrian use. Adding six new trailheads to the already existing two trailheads (Hilso and Strawberry Canyon) will result in eight access points to the trail system. Soil, watershed, wildlife habitat, and scenic quality will be improved through the rehabilitation of unauthorized routes. Design Features Associated with this Decision In addition to the applicable Standards from the 1985 Amended Cibola National Forest Land and Resource Management Plan (Forest Plan), trail development design standards and design parameters outlined in Forest Service Handbook , Chapter 20 will be utilized and the following design criteria will be applied to the selected alternative. Trail construction will not occur within northern goshawk post fledging areas (PFAs) and Mexican spotted owl protected activity centers (PACs) during the breeding seasons from March 1 to September 30 to reduce the impact these bird species. Fence openings or cowboy gates and mountain bike cattle guards will be installed at all allotment and pasture fences, outside the breeding seasons as described above. Education information with user expectations and preparedness will be posted at trailheads, so that hikers and mountain bikers understand that they may see pack and saddle on a trails can better prepare themselves for possible encounters. In addition, trail use yield signs will be posted at trailheads and at strategic location along the trails. Where possible, all mountain bike trails will be located at least 300 feet away from stream channels, springs, and riparian areas. International Mountain Biking Association (IMBA) design features and USFS Best Management Practices (BMPs) will be used to ensure that proposed activities will limit the damages to the soil and water resources. The rehabilitation of unauthorized routes and closed roads will also use USFS-designated BMPs. Crossings of perennial streams will not be in the water, allow for unrestricted flow of bankful width, and provide for flood flows, such as bridges or vented fords. Crossings of intermittent and ephemeral streams will be hardened unless the bed material is predominately cobble sized or larger. Approaches to stream crossings will be at an angle with drainage features that direct sediment and runoff away from the channel. All stream crossings will provide for aquatic passage. Stream crossings will not occur in deeply incised locations. Trailheads will not be located in floodplains or within 300 feet of stream channels. Hunting information will be posted at all trailhead kiosks and bulletin boards to alert trail users of potential for encountering hunters and to encourage the wearing of bright clothing during the hunting season. Mitigations for eligible and undetermined historic properties include the following: Zuni Mountain Trail Project DN/FONSI 4

5 o Reroute of the trail to maximize vegetation or topography that obscured the view of the property from the trail and minimize erosion; o Provide biking guidelines that stress no off-trail activity and no collection of artifacts and interpretive signs with preservation messages, and; o Periodic monitoring to establish if guidelines are effective. Alternatives Considered In addition to the selected alternative, three other alternatives were considered in detail. A complete description and comparison of these alternatives can be found in the EA on pages 8-11 and Table 2-2 on page 13. Alternative A No Action The No Action Alternative is described in detail on page 8 of the EA. No additional trails would be added to the system and managed for mountain bike use; no trailheads would be constructed or reconstructed and no restroom facilities would be added. Maintenance of the existing trails and trailhead would continue at current pace; rehabilitation of unauthorized routes would occur as funding allowed in conjunction with the Watershed Condition Framework. Alternative B Proposed Action The Proposed Action is described in detail on pages 8-9 of the EA. This proposal would meet the project s goal by creating stacked loop trail systems with connecting routes utilizing USFS and IMBA design parameters to develop a mountain biking trail system in the Zuni Mountains. Alternative C This alternative was developed to address the concerns of not adding enough unauthorized routes to the trails system and responses to comments received on the preliminary EA released in June 2015, to include equestrian and hiker use to the trail system. This alternative is described in detailed on page 9-10 of the EA. Alternative D This alternative was developed to address the concerns of reducing solitude for the Timber Lake residence and adding unauthorized routes in proximity to Navajo Contemporary Traditional Uses. This alternative includes all actions proposed in Alternative B, except at a reduced miles and number added trails and facilities. This alternative is described in detailed on page of the EA. Decision Rationale My decision to implement Alternative C with the modifications discussed above is based on its effectiveness in moving the existing conditions in the project area towards the desired conditions outlined in the Need for the Proposal. The proposed developments are needed to improve soil and watershed conditions, while providing dispersed recreation opportunities. The proposed development responds to the goals and objectives outlined in the 1996 Amended Cibola National Forest Land and Resource Management Plan (ALRMP), and helps move the project area towards desired conditions described in that plan. I have considered the best available science in making this decision. The project record demonstrates a thorough review of relevant scientific information, consideration of responsible Zuni Mountain Trail Project DN/FONSI 5

6 opposing views, and the acknowledgment of incomplete or unavailable information, scientific uncertainty, and risk. I considered the need to take action and the issues identified during scoping in making my decision. I weighed the effects of trail construction/maintenance and associated developments on the vegetation, soil and water, air, wildlife, and recreational use of the area, and the key issues associated with the project, against taking no action. Public Involvement The district carried out a series of public outreach activities during initial scoping for this project. Three open houses were conducted as follows: October 29, 2012, in Grants at the Northwest New Mexico Visitor s Center; November 5, 2012, in Gallup at the Gallup Community Service Center; and November 7, 2012, in Ramah at the Ramah Middle/High School. News releases were published in the Cibola County Beacon and the Gallup Independent. The project has been posted on the Cibola National Forest and National Grasslands Schedule of Proposed Actions since January 1, A second clarifying scoping letter was mailed on December 12, 2012, which further explained the Proposed Action, requested public input regarding the Proposed Action, and extended the public comment period. The Cibola National Forest and National Grasslands routinely consults with seven American Indian tribes that historically used, and may continue to use, the NFS lands managed by the District for traditional cultural purposes and that attach cultural and religious significance to locations on these lands. The tribes and chapters include: the Pueblos of Acoma, Laguna, Zuni, Jemez, and Santa Ana; the Hopi Tribe; and the Navajo Nation. At the request of the Navajo Nation, the Cibola National Forest also consults with the following Chapters: Ramah, To Hajiilee, Thoreau, Baca/Prewitt, Casamero Lake, Crownpoint, Smith Lake, Mariano Lake, Whitehorse Lake, Ojo Encino, and Torreon. Using comments from the public, agencies, and tribes, the ID team identified issues regarding the effects of the proposed action (EA, pages 6-7). The 30-day Notice and Comment Period began on June 29, 2015 after publication of the legal notice in the Cibola Beacon and Gallup Independent. Letters announcing the availability of the EA were sent to those on the project s mailing list and to those who had attended public meetings or otherwise expressed interest in the project. The Forest Service received twenty two responses during the 30-day Notice and Comment Periods. Finding of No Significant Impact After thorough consideration of the EA, Appendices, the Forest Plan, specialist reports, and comments received, I have determined that implementation of the Selected Alternative is not a major federal action, individually or cumulatively, and will not significantly affect the quality of the human environment. In a local context, the short and long term effects of the site-specific actions of the Selected Alternative (Alternative C with modifications) are not significant. Therefore, an environmental impact statement is not needed. This determination was based on the following factors: Zuni Mountain Trail Project DN/FONSI 6

7 1. Both beneficial and adverse effects have been considered and this action will not have a significant effect on the quality of the environment (EA, Chapter 3). 2. The Selected Alternative will not adversely affect public health or safety (EA, page 17-18). 3. The prescribed actions will not adversely affect any unique characteristics of the geographical area. No floodplains, parklands, prime farmlands, wetlands, wild and scenic rivers or wilderness exist in the area. Floodplains associated with the major streams in the project would not be adversely affected. Heritage resources would be protected (EA, pages 13 and 92-95). 4. I do not expect the effects of the selected alternative on the quality of the human environment to be highly controversial in a scientific context. Pages 4-7 of the EA summarizes the public contacts made in the course of the environmental analysis, and documents the issues identified from these contacts. Broad-level public disputes with forest policy are beyond the scope of this decision. 5. The Selected Alternative does not involve highly uncertain, unique, or unknown environmental risks. The Mt. Taylor Ranger District has successfully carried out similar trail management activities in the past. 6. This decision does not set precedent for future action with significant effects or represent a decision in principle about a future consideration. 7. These actions do not individually, nor with other activities taken cumulatively within the affected area, reach a level of significance (EA, Chapter 3). Where appropriate, design features are proposed which are known to keep effects to watershed and soils, wildlife, cultural and other resources below a threshold level of significance (EA, pages 12-13). Cumulative effects of the actions in the Selected Alternative and other foreseeable actions have been evaluated throughout the EA. 8. No known sites listed or eligible for the National Register of Historic Places will be adversely affected by the proposed activities. The prescribed activities will not cause loss or destruction of significant scientific, cultural, or historic resources (EA, pages 92-96). 9. The Selected Alternative will not affect any endangered or threatened species or habitat that has been determined to be critical under the Endangered Species Act. The Forest Service determined there that individual sensitive species may be impacted, but implementation of the project is not likely to result in a trend toward federal listing or loss of viability (EA, pages 24-26). Informal consultation with the US Fish and Wildlife Service (USF&W) was completed on November 2, USF&W concurred on species affected but not adversely affected by the proposed project. The USF&W concurrence letter is filed in the project record. 10. None of the prescribed actions threaten or lead to violations of federal, state, or local environmental laws, or requirements imposed for the protection of the environment. This will be ensured by carrying out the selected actions in a way that is consistent with the standards and guidelines, management requirements and mitigation measures established in the Forest Plan. For water quality management, state-approved Best Management Practices will be used for this project. The project will be monitored to ensure BMPs are implemented Zuni Mountain Trail Project DN/FONSI 7

8 and appropriate corrective measures will take place, if implementing the BMPs on a specific site results in effects significantly higher than anticipated, because of unforeseen site factors or events. This project will fully comply with state approved BMPs and the Clean Water Act. Findings Required by Other Laws and Regulations This decision for the Zuni Mountain Trails Project on the Mt. Taylor Ranger District is consistent with the intent of the long term goals and objectives listed on pages of the 1985 Cibola National Forest Land and Resource Management Plan (as amended)(forest Plan). The project was designed in conformance with Forest Plan standards and incorporates appropriate Forest Plan guidelines for Management Areas 8 (Forest Plan, pages ); 13 (Forest Plan, pages ); 14 (Forest Plan, pages ); and 18 (Forest Plan, pages ). The project was developed in consideration of the best available science. The decision is consistent with other applicable laws and regulations including the National Historic Preservation Act and the Endangered Species Act. The measures included in the proposal and design criteria to protect soil, water and air resources ensure compliance with the Clean Water Act. Administrative Review or Objection Opportunities This decision is made in accordance with the procedures described in 36 CFR 218, Subparts A and B which provide for a pre-decisional review process. Objections will only be accepted from those who have previously submitted specific written comments regarding the proposed project during scoping or other designated opportunity for public comment in accordance with 218.5(a). Issues raised in objections must be based on previously submitted timely, specific written comments regarding the proposed project unless based on new information arising after the designated comment opportunities. Objections, including attachments, must be filed via mail, fax, , hand-delivery, express delivery, or messenger service (Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding holidays) to: Reviewing Officer Elaine Kohrman, Forest Supervisor, 2113 Osuna NE, Albuquerque, NM 87113, FAX: (505) , objections-southwestern-cibola@fs.fed.us. Electronically filed objections may be submitted by in word (.doc), rich text format (.rtf), text (.txt), and hypertext markup language (.html). Objections must be submitted within 45 calendar days following the publication of a legal notice in the Cibola Beacon. The publication date in the newspaper of record is the exclusive means for calculating the time to file an objection. Those wishing to object should not rely upon dates or timeframe information provided by any other source. The regulations prohibit extending the time to file an objection. Implementation Date If no objections are filed within the 45-day time period, approval and implementation of the decision may occur on, but not before, 5 business days from the close of the objection filing period. If an objection is filed, a 45-day objection resolution period would follow, during which the objector could meet with the Reviewing Officer. The Reviewing Officer would issue a Zuni Mountain Trail Project DN/FONSI 8

9 response to the objection, a decision could then be signed, and project implementation could occur. Contact For further information concerning this decision contact District Ranger Alvin Whitehair at the Mt. Taylor Ranger District Office, 1800 Lobo Canyon Road, Grants, NM 87020, or phone (505) For additional information concerning Forest Service objection process, contact Ian Fox, Timber Management Officer, 2113 Osuna Rd. NE, Albuquerque, New Mexico 87113, or phone (505) Responsible Official: Alvin Whitehair Date District Ranger Mt Taylor Ranger District Cibola National Forest and National Grasslands Zuni Mountain Trail Project DN/FONSI 9