Brainard Lake Recreation Area Development/Management Projects Decision Notice and Finding of No Significant Impact

Transcription

1 Brainard Lake Recreation Area Development/Management Projects Decision Notice and Finding of No Significant Impact USDA Forest Service Arapaho and Roosevelt National Forests and Pawnee National Grassland Boulder Ranger District Boulder County, Colorado December 2005 Introduction Location The Brainard Lake Recreation Area (BLRA) is located west of the City of Boulder within Boulder County on the Boulder Ranger District of the Roosevelt National Forest. It is located west of the town of Ward and adjacent to the Indian Peaks Wilderness (IPW). The project area is shown on Map 1. The project area includes Township (T) 2 North (N), Range (R) 73 West (W), Sections 33, 34, 35 and 36 and T1N, R73W, Sections 2, 3, 4, 5, 8, 9, 10 and 11. The project area contains approximately 3,531 acres. Approximately 3,143 acres are administered by the National Forest, 40 acres are owned by the State and the remaining 348 acres are privately owned. My decision applies to the National Forest system lands. Background The BLRA is an important and unique recreation resource along Colorado s Front Range. It is a popular area for a wide variety of recreation uses. Populations along the Front Range are increasing and recreation use of the area is increasing as well. Motorized access on the Brainard Lake and Left Hand Lake Reservoir Roads occurs during the summer and fall. Activities during these months include camping, hiking, biking, fishing, viewing scenery, birding and access to the Indian Peaks Wilderness (IPW). During winter and spring, the area is closed to all motorized vehicles, including snowmobiles. Skiing and snowshoeing are the main winter recreation activities. The USFS has developed a long-range management plan with the goals of providing a high quality recreation experience and preserving the natural resources of the area. Included in the management plan is a vision for the area: The BLRA will fulfill its unique role as a developed recreation complex and backcountry recreation area adjacent to the Indian Peaks Wilderness, by providing a variety of quality recreation opportunities within the capacity of the area, while protecting natural resources and managing the BLRA to minimize impacts to the Wilderness resource. (BLRA Management Plan, 2005, Section 3)

2 Map 1: Location 2

3 This vision for the area is further articulated in desired conditions (Environmental Assessment, pp. 4-6). The current condition of the area does not meet these desired conditions (DC). Therefore, there is a need for action to move the current condition towards the desired condition. The purpose and objectives of this project are to: Protect natural resources in the area while providing a quality recreation experience and enhancing visitor safety by: Reducing vehicle congestion at trailheads, parking areas and along the road. Improving winter recreation facilities. Concentrating visitor use on designated trails and eliminating social trails (user created non-designated trails). Making sign improvements (i.e., directional, interpretive, educational, regulatory) to provide visitors needed information about the area. Minimizing impacts of dispersed camping and user-created roads and trails. Implementing management regulations to minimize conflicts and protect resources. Making improvements to the trail system. Protect the values of the Indian Peaks Wilderness by: Improving developed recreation opportunities (campgrounds, picnic areas, parking areas) in the BLRA away from the Wilderness. Providing improved trail opportunities throughout the BLRA. Implementing management regulations to protect Wilderness resources. Decision Based upon my review of the Brainard Lake Recreation Area Development/Management Projects Environmental Assessment (EA), public comments on the EA, the responses to these comments, and information contained in the project record, I have decided to implement Alternative E. My decision is to implement the following: Facility Improvement/Development (listed from east to west) Construct parking area, for year-round use, near the Red Rock/Sourdough Trailhead to meet average peak (winter) demand of approximately vehicles. The parking area will be located outside of the BLRA fee area, immediately east of the entrance station. This development will include a vault toilet and a designated area to unload/load horses. For the purposes of this document this parking area will be identified as the East Parking Area. Construct entrance station. This will include adjacent short-term parking for approximately seven vehicles, information/fee booth, vault toilet and kiosk/warming hut. Construct site, developed campground near the entrance station. Campground may include cars/pick-up trucks, campers, RVs and walk-in campsites. Vault toilets and water will be provided. (Note - This campground may not be constructed and/or 3

4 the number of campsites may be reduced if other new developed campsites are provided along the Peak-to-Peak Scenic Byway (Colorado Highway 72). For the purposes of this document, this campground will be identified as the East Campground. Relocate administrative site from current location (north of Brainard Lake) to the BLRA entrance area. This site will be designed to accommodate four to six large RV s and a building (approximately 800-1,000 square feet) for Forest Service personnel and/or other site managers. Water will be provided. Grey water and sewage will be contained to meet Boulder County Individual Sewage Disposal System Regulations and Colorado State Water Quality Standards and prevent impacts to local drinking water supply. The old administrative site on the north side of Brainard Lake will be closed and rehabilitated. Reconstruct existing parking area at Left Hand Park Reservoir for approximately 15 vehicles (surface to remain native material/gravel); construct compost/solar toilet Design and construct parking area to prevent motorized travel west, onto the dam. Reconstruct Red Rock Lake Area to provide approximately eight picnic sites, designated parking for approximately vehicles and construct an accessible trail adjacent a portion of the lake to provide access to picnic sites, scenic overlook, restroom facilities and connection to the Snowshoe Trail. Reconstruct the Pawnee Picnic parking area and a portion of the Pawnee Campground for day-use parking to accommodate vehicles. Existing vault toilet will be retained and additional vault toilets will be provided. For the purposes of this document this parking area will be identified as the West Parking Area. Reconstruct Pawnee Campground for campsites (cars, pick-up trucks, campers, RVs and walk-in tent campsites). Vault toilets and water will be provided. Reconstruct the boat launch site near the bridge/dam at Brainard Lake. Only shortterm parking for boat drop-off will be allowed. Parking for full day will be provided at the West Parking Area. Reconstruct Arickaree and Mitchell Creek Picnic Areas for walk-in day use. Close and revegetate vehicle-parking areas to blend into the natural setting. Reconstruct the Niwot Picnic Area for approximately 8-12 sites and designated parking for approximately vehicles. Note: reconstruction /construction of campground/parking as depicted on Map 2.2 in the EA are approximate locations. Acreage will not change substantially. Project design may cause adjustments on the ground. Roads Designate the road on the south and west side of Brainard Lake for two-way vehicle traffic to provide access to the Niwot Picnic Area and Wilderness trailheads. All other 4

5 vehicle access in the vicinity of Brainard Lake west of the West Parking Area will be prohibited, except for accessing the designated boat launch site. The existing asphalt road on the north side of Brainard Lake west of the bridge/dam to the junction of the two-way road will be removed and replaced with a more natural appearing trail surface. Emergency and administrative vehicle access will be maintained. Close and rehabilitate non-designated (unclassified) roads in the Brainard Lake Recreation Area. Trails (east to west in sequence) Construct a new section of the Waldrop Trail to connect with the Sourdough Trail for hiking and mountain biking, and reconstruct the Waldrop Trail for hiking and mountain biking. Relocate South St. Vrain and Waldrop Trails outside of the IPW boundary to provide mountain bike opportunities. Construct trail connections between the East Parking Area, the Brainard Lake Snowshoe Trail and proposed Red Rock Lake Trail for all-season use. Construct connections where needed and utilize existing trails between the East Parking Area and West Parking Area to provide a designated hiker/biker route. Construct a trail around Left Hand Park Reservoir for hiking only. (This action will be taken if agreement can be reached between the Forest Service and private owner of the reservoir.) Construct an accessible trail adjacent to a portion of Red Rock Lake that provides access to picnic sites, scenic overlook, restroom facilities and connects to the Snowshoe Trail. Reconstruct Little Raven Trail for both hiking and mountain biking. Construct an accessible trail around Brainard Lake, including amenities such as fishing piers, benches and interpretive signs, which connect to the West Parking Area and other trails in the vicinity (Brainard Lake Cutoff, Niwot Cutoff and Mitchell Lake). Close and rehabilitate non-designated trails (social trails). Management / Regulations The following actions will be implemented through a Forest Service Closure Order (36 CFR ) and enforced by Forest Service personnel. Orders are issued to close or restrict use of the described area. Additionally, signing will be put in place to inform and educate the public about new and existing regulations. 5

6 Note: For the purpose of these regulations Winter Season is defined as November 15 through April 30. Non-winter Season is defined as May 1 through November 14. General: Vehicle access will be prohibited on the north side of Brainard Lake, beginning west of the West Parking Area, and continuing to the junction of the two- way road. Exceptions will be made for vehicles unloading boats at the launch site and emergency/administrative vehicles. Parking will be allowed in designated sites only. Designate Left Hand Park Reservoir Road and Reservoir area for day-use only. The use of generators in campgrounds will be restricted to the standard quiet hours for the campground. The use of firearms of any kind (including paintball, pellet and bb guns) will be prohibited, except for hunting during legal hunting season. Horses will continue to be allowed on the Sourdough Trail only. Dogs: Winter Season: Dogs will be prohibited on all roads and trails except the following: Brainard Lake Road, Left Hand Park Reservoir Road and Sourdough Trail. Dogs will continue to be required to be under voice control or on a hand held leash. Non-Winter Season: Dogs must be on a hand held leash at all times. Trails: All trails within the BLRA will be managed for non-motorized use only. Biking will be prohibited except on designated roads and trails. The following roads will be open to bicycles: Brainard Lake and Left Hand Park Reservoir Roads. The following trails will be open to bicycles: Sourdough, South St. Vrain, Waldrop, Brainard Lake Cutoff, Little Raven, Little Raven Extension and Snowshoe Trails (north side of Brainard Lake Road and east of Brainard Lake only). Seasonal trail closures will be implemented in the BLRA and the adjacent IPW when necessary, to prevent damage to the trails and surrounding vegetation. 6

7 A hiker/biker route will be designated between the Entrance Area and Brainard Lake using the existing trail system (Sourdough, Waldrop, Snowshoe Trails). Winter Season: The CMC and Little Raven Trails will be designated for skier use only. Non-Winter Season: The following trails will have a non-winter season closure west of Red Rock Lake to prevent resource damage: CMC, CMC Cutoff, Brainard Lake Snowshoe (west of Red Rock Lake to the Brainard Lake Road junction). Camping: Winter Season: Backcountry camping will be prohibited within 0.25 miles of any developed facility or trailhead. Non-Winter Season: Backcountry camping will be prohibited in the BLRA, except north of the South St. Vrain Creek. Campsites must be located at least 100 feet from all creeks and trails. Motorized Use: Winter Season: Snowmobiles and other motorized use will be prohibited in the BLRA beyond the winter closure gate, except for emergency vehicles. Mitigation and Project Design Potentially detrimental effects of Alternative E, which I have selected, are addressed through project design and mitigation measures. These will be implemented as part of my decision. Soil and Water Resources Watershed conservation practices and Forest Plan standards and guidelines prescribe measures to protect or minimize impacts to soil and watershed resources. Practices that address hydrologic function, riparian areas, sediment control, soil productivity and water purity are directly applicable to this project. 7

8 For construction of the trails through the wetlands use boardwalks (i.e. Helical Pier Support System) and/or other techniques to minimize the impacts to hydrology, soils and wetland plants.. Incorporate FSH , Region 2 Amendment , Watershed Conservation Practices (WCPs) and effective December 18, All WCPs will be implemented for all projects as needed, including the following specific standards: 11.1, 11.2, 12.1, 12.2, 12.4, 12.6, 13.1, 13.2, 13.3, 13.4, 14.1, 14.2, 15.1 and 15.2 Incorporate FSH , Region 2 Supplement, Soil Management. August 15, Implement a State of Colorado approved Storm Water Management Plan during construction of facilities to minimize soil and water impacts. Design and construct facilities such as the new parking areas so that the runoff of water and chemicals from cars minimizes water quality impacts. Design walk-in and drive-in tent sites with hardened trails and pads. If the tent sites are located within 200 feet of a stream or lake, design and harden trails from the tent sites to this water feature to minimize development of social trails within the riparian areas. Biological Resources If populations of any FS sensitive species are found, they will be documented and, where feasible, avoided by project activities. If populations are found for which anticipated project impacts would change the determination of impacts made, the determination would be revisited. Appropriate documentation would be prepared and/or project activities would be adjusted. To protect habitat for the Forest Service Sensitive species Hudsonian Emerald dragonfly, leave a buffer of trees around Red Rock Lake during design and development of picnic areas and parking. Coordinate with an FS wildlife biologist and hydrologist to determine the appropriate buffer that will prevent sedimentation and loss of shading of aquatic habitat. To protect effective habitat and elk: utilize areas north and east of the entrance station; avoid or minimize development on top of or east of the ridge; cluster development as close to the Brainard Lake road as possible and design the campground to encourage campers to use the Sourdough trail and not go east from the campground. To protect elk production areas, avoid construction of the St. Vrain trail reroute and any construction around Left Hand Park Reservoir from April 1 through June 30. To minimize impacts to breeding birds, amphibian habitat and sensitive plant habitat, implement trail construction in wet areas, including willows, after July 31, particularly around the west end of Left Hand Park Reservoir, Red Rock Lake and Brainard Lake. 8

9 If conflicts arise from elk crossing the Brainard Lake Road, use signing and visitor education and/or adjust speed limits on the roads in the area. Survey potential nesting habitat for nesting northern goshawks, boreal owls, flammulated owls and American three-toed woodpeckers prior to project implementation. If active nests are present, implement appropriate timing restrictions and/or disturbance-free buffer zones as determined by a FS Wildlife Biologist. Search potential boreal toad breeding habitat in the project area prior to beginning implementation. If evidence of breeding is found, implement appropriate timing restrictions and/or barriers to prevent impacts to breeding toads. Where possible, avoid cutting snags over 10 DBH, especially snags with broken tops. This particularly applies to the Pawnee Campground expansion area where large, broken-top snags were observed during field visits. For known or newly discovered occurrences of sensitive or rare plants, work with a FS Botanist to avoid plants during project activities where feasible. Areas of known occurrences of rare moonworts: consider transplanting individual moonworts where avoidance is not feasible. Alpine area southwest of Left Hand Park Reservoir proposed for trail closure: prior to project implementation, survey for whitebristle cottongrass, Hall s fescue, simple bog sedge, sea pink, clawless draba, Gray s Peak whitlow grass and ice cold buttercup. Wet areas not previously surveyed: prior to project implementation, survey for bristle-stalk sedge, livid sedge, slender cotton grass, park milkvetch, Weber s monkey-flower, Kotzebue Grass-of-Parnassus, autumn willow, sage willow, dwarf raspberry and lesser bladderwort. Potential habitats throughout the project area: prior to project implementation, survey for area for park milkvetch, Kotzebue Grass-of-Parnassus, rock cinquefoil, autumn and sage willow. If seeps, springs and their associated small drainage-ways are located within project activity areas, make every effort feasible to avoid impacting vegetation (including cutting trees) within a ten-foot wide buffer zone on each side (twenty feet total width). Directionally fell trees away from wet areas, including willows and other riparian vegetation, seeps, etc. Revegetate disturbed areas with local native vegetation or appropriate seed mix as needed. Native plants may be transplanted to supplement vegetation loss. A Forest Service Botanist will determine or approve the most appropriate seed mix, additives if any and method of application. Purchase only Certified Seed (blue tagged) or Source Identified Seed (yellow tagged) (ARP Forest Revegetation Policy, September 2001). Require independent testing of seed purchased for revegetation for presence of noxious weeds as follows: Test purchased seed for all States noxious weeds according to the Association of Official Seed Analysts standards, certified in writing by a Registered Seed 9

10 Technologist or Seed Analyst as meeting the requirements of the Federal Seed Act and the appropriate State Seed Law regarding testing, labeling, sale and transport of Prohibited and Restricted noxious weeds. Include seed labels in the project file. Continue treatment and monitoring of known noxious weed infestations and areas newly disturbed by project activities for at least three years beyond project activity and longer if infestations persist in project activity areas. Designate infestations of noxious weeds for treatment and/or avoidance on the ground, if any are known or discovered in areas to be disturbed by project activities. During construction activities require contractor, cooperator and Forest Service equipment (not including service trucks that remain on roadways) to be clean, i.e. free of mud, dirt and plant parts, prior to entering National Forest System lands. Comply with Forest Service Rocky Mountain Region Order No. R requiring the use of certified weed-free hay, hay cubes, straw, grain, or other forage or mulch product. Use certified weed-free straw instead of hay for mulch, erosion control, etc. to minimize risk of introduction of noxious weeds and minimize germination of the grass species comprising the straw. Avoid stands of large limber pine whenever possible during project design (not inventoried old growth). Recreation Project activities will be fully coordinated with the BLRA concessionaire to ensure activities minimize impact to ongoing recreation management operations. When practical, alternative temporary opportunities may be provided to offset camping, picnicking and parking displacement. To promote a safe recreation experience, project construction activity areas will be signed and/or closed to public access until determined to be safe. When practical, project activities will be curtailed during permitted recreation and guided events in project areas. Contact the District Special Use Permit Coordinator prior to the start of project construction activities to avoid or mitigate effects to special use permit operations. Project construction activities will not be conducted on Memorial Day, 4th of July and Labor Day holiday weekends and Sundays, and operating times for heavy equipment and chainsaws are limited to the hours of 7 a.m. to 7 p.m., except when conducted by volunteers. Public outreach and notification will occur prior to major project activities to raise public awareness about activities and their impacts. Local agency cooperators will be notified about the duration of construction and given alternatives for conducting ongoing business operations. 10

11 Warning signs and on-site announcements will be used to notify BLRA recreation enthusiasts of impending project activities. Vehicular traffic through BLRA will require operations warning signs, speed limit signs and may include traffic control during the high-use season. Scenic Resources Ensure effective revegetation that mimics the color, distribution and texture of the natural ground cover and/or forest conditions. Minimize site disturbance and unnatural contouring such as cut and fill slopes. Buildings and structures should be low profile, located at transitions (the edge of clearings), simple compact forms, with high mountains roof profile (USFS, BEIG 2001), clustered, not isolated. Building materials should be native rock, wood and other natural materials when they are available and practical to use. Substitute manufactured materials, such as synthetic rock, if they can achieve the appearance of natural materials. Whenever possible, building materials, including signage and traffic closure devices should blend in color and/or texture with the natural environment (such as integral colored concrete sidewalks). Whenever possible use a combination of berms, vegetation, boulders and/or low rock retaining walls to buffer views of parking areas and/or facilities and buildings as viewed from Brainard Lake Road and other roads. Follow FS sign direction, minimizing signs where possible and utilize natural-appearing materials where ever possible. Cultural Resources Design and construction of facilities, parking areas, roads and trails will avoid all known eligible cultural and historic sites within the area. Designate the CMC ski trail for winter use only to protect the historic ditch alignment. Avoid construction near the historic incinerator located within the existing Pawnee Campground. To protect these cultural and historic resources, all project designs will be reviewed by the Forest Archaeologist prior to design approval Provide interpretation of the history of the area to increase public awareness of preservation. The potential for undiscovered heritage resources is low. However, if a site were 11

12 discovered or an Indian Tribe provided new information of traditional cultural use during project implementation, the Forest Service will stop work in the area of discovery until a FS Archaeologist can evaluate the site and if necessary, implement protective measures. Project Monitoring Monitoring for the Brainard Lake Recreation Area Development/Management Projects will be done to ensure that the Forest Plan standards and guidelines are met where resources may potentially be affected by the implementation of the projects. The results of monitoring will be used to evaluate the effectiveness of the design criteria/mitigation and will be used to make adjustments (adaptive management) to obtain better results. Table 2 1 Monitoring for Implementation of the BLRA Development/Management Plan Item to be Monitored Responsibility Timing of Monitoring Botanical resources (as identified in mitigation measures section) Known moonwort locations and other sensitive plant species Nesting habitat for northern goshawks, boreal owls, flammulated owls and American three-toed woodpeckers Boreal Toad Breeding Habitat Weed infestations and spread Soil compaction and disturbance Riparian area/wetland treatments New road and trail construction Road, trail and dispersed camping closures Road and trail rehabilitation Project/FS Botanist Project/FS Botanist Project/FS Wildlife Biologist Project/FS Wildlife Biologist Project/FS Botanist or Noxious Weed Coordinator Project/FS Soil Scientist Project/FS Hydrologist, Project Botanist Project/FS Recreation Planner and Landscape Architect Project/FS Recreation Planner and Forest Protection Officers Project/FS Recreation Planner and Landscape Architect During project area design, layout and project implementation During project area design, layout and project implementation During project area design, layout and project implementation During project area design, layout and project implementation During and after project implementation During and after project implementation During and after project implementation Before and during project implementation During and after project implementation Before and during project implementation Objective for Monitoring To ensure compliance with Forest Plan and mitigation requirements To ensure compliance with Forest Plan and mitigation requirements Monitor known nest locations, discover new nest locations and to ensure compliance with mitigation requirements To ensure compliance with mitigation requirements To ensure compliance with mitigation requirements To ensure compliance with Forest Plan Standards and Guidelines To ensure compliance with mitigation requirements and project objectives To ensure compliance with Forest Plan and mitigation requirements To ensure compliance with mitigation requirements To ensure compliance with mitigation requirements 12

13 Item to be Monitored Responsibility Timing of Monitoring Soil and vegetation recovery in construction and rehabilitation areas Project design, construction and layout Project construction and implementation schedules Heritage resources within & adjacent to project areas Available designated vehicle parking within the BLRA Red Rock Lake vicinity Type and amount of visitor use Developed campsite opportunities along the Peak to Peak Highway Visitor use statistics, demographics and user satisfaction Watershed Conservation Practices Trail user conflicts between bikers and other recreational users Project/FS Soil Scientist and Botanist. Project/FS Recreation Planner, Landscape Architect, Team Members Project/FS Recreation Planner and Engineering Contracting Officer Rep. Project/FS Archeologist BLRA On-site Managers Recreation Planners and Recreation Staff Project/FS Planner and Recreation Staff Project/FS Planner and Recreation Staff Project/FS Planner and Recreation Staff Project/FS Recreation Planner, National Visitor Use Monitoring Study Soil Scientist, Hydrologist, and/or Forest Engineer BLRA On-site Managers, Recreation Planners, Recreation Staff After project implementation Before and during project implementation Before and during project implementation During project design and implementation During and after project implementation After project implementation Before, during and after project implementation Before campground is constructed Every three years as a by-product of visitor monitoring Study, Annual Counter Info. During and after project implementation After Project Implementation ongoing annually Objective for Monitoring To evaluate soil and vegetation recovery in construction and various project locations. To ensure compliance with Best Management Practices and mitigation requirements To ensure compliance with mitigation requirements and contractual agreements To examine locations of known and unanticipated discoveries of historic/cultural properties To achieve management objectives and stay within the parking capacity for the BLRA To ensure nondegradation of natural resources from visitor use To ensure biological, physical and social impacts are within acceptable limits To determine if campground is needed near the BLRA entrance area and if needed how many campsites. To evaluate success in achieving management plan objectives To achieve proper implementation and ensure effectiveness to protect soil and water resources To prevent and/or minimize conflicts between different recreation users 13

14 Rationale for the Decision I have made this decision after careful consideration of the environmental analysis of the effects of the two alternatives, Alternative A and Alternative E. My decision meets the requirements of the National Environmental Policy Act (NEPA), responds to the purpose and need for this project described in Chapter 1 of the EA, and addresses the issues identified during the planning process and comments received from the public during scoping and the public comment period. I have made this decision based on the rationale described below. I first considered whether the proposed activities would achieve and comply with the Forest Plan general direction and standards and guidelines (Forest Plan, pp.1-42) and then looked at the desired conditions and specific standards and guidelines in the Brainard Geographic Area (Forest Plan, pp (These examples are not nearly the complete list and are used for illustration only). Some of the specific goals and desired conditions listed are (p. 60): Continue to provide opportunities for overnight camping at developed campgrounds in the area. Improve winter recreational opportunities by considering a parking area in the vicinity of the winter closure gate to facilitate access to the four-season trail network. There are three specific standards listed (p. 61): (ST) Prohibit horses on all trails in the area except the Sourdough trail (ST) Prohibit dispersed camping along the Brainard Lake and Lefthand Reservoir roads. Management Area 1.3 (ST) Prohibit dispersed camping within 100 feet of lakeshores, streams, and trails. The BLRA Management Plan (pp ) lists numerous goals and desired conditions such as: Provide opportunities to enjoy the high peaks, alpine lakes, and outstanding scenery by enhancing the area's recreational setting and providing for year-round recreational use while also taking actions to protect and enhance the values of the adjacent Indian Peaks Wilderness. Provide an increased number of fee campsites to address the demand for this kind of recreational opportunity along the Peak-to-Peak Highway. (This might involve expanding Pawnee Campground at Brainard Lake or developing a new, full-service facility between Brainard Lake and the winter closure gate.) Alternative E best meets Forest Plan and BLRA Management Plan direction. The No Action Alternative (Alternative A) does meet some of this direction, but not to the extent that Alternative E does. I next considered whether the proposed activities would achieve the vision and desired conditions stated in the Brainard Lake Recreation Area Management Plan (EA, pp. 1, 4-6). Alternative E moves the existing condition of the BLRA towards the desired condition by improving recreation opportunities, protecting natural resources, and protecting the values of the Indian Peaks Wilderness area to a much greater extent than the no action alternative. The purpose and need as stated for this project is valid (EA, pp 4-6). It was especially important to me to ensure that the project objectives were met (p. 3 of this decision 14

15 document). Therefore, I am not selecting the No Action Alternative (Alternative A), because is does not fully meet the purpose and need. Maintaining the status quo as Alternative A does, is not in keeping with the mission of the Forest Service nor in the best interest of the public which uses the BLRA. Increasing Front Range populations are expected to bring additional visitors to the BLRA and the Forest Service is being proactive to improve facilities and enforce regulations, which will mitigate the expected increased visitation. As stated above, Alternative E best meets the purpose and need by proactively protecting natural resources while providing a quality recreation experience and enhancing visitor safety, and by protecting the values of the Indian Peaks Wilderness. The high scenic quality of Brainard Lake will be enhanced by eliminating parking on the road around the lake and the continual traffic circling the lake in search of a parking space. Additional parking will be provided in a manner that does not detract from the scenic integrity of the area. Safety of visitors will be improved by minimizing pedestrian/vehicle conflicts and by providing sufficient parking and trails connecting to these parking areas. Connections to trails, and trail designations for specific uses will improve the recreation experience by reducing trail user conflicts. Improving recreation facilities and trails on the east side of the BLRA will provide the visitor quality recreation opportunities away from Brainard Lake and the Indian Peaks Wilderness. This will benefit the IPW by reducing visitor pressure. Alternative E also eliminates dispersed vehicle camping in the BLRA. This will cause an improved water quality condition which will benefit downstream domestic water users, such as the town of Ward. I reviewed the EA site-specific analysis that was completed for the project area on resource areas and issues raised by my Interdisciplinary (ID) Team and by the public and feel there has been sufficient site specific environmental analysis completed on each of the alternatives. Other Alternatives considered For this analysis I considered one other alternative, the No Action Alternative. A comparison of these alternatives can be found in the EA on pages Alternative A: No Action (EA, pp.16) The existing trail system would remain unchanged. No new campgrounds would be constructed nor would Pawnee Campground be reconstructed. The entrance area would not be changed and entrance to the fee area would not include Left Hand Park Reservoir Road. Summer vehicle congestion would continue with people seeking parking near the Wilderness trailheads and around Brainard Lake. No winter parking lot would be constructed and traffic/parking congestion near Red Rock Sourdough Trailhead and near the winter closure gate would continue. Dispersed camping along the Left Hand Park Reservoir Road and at the Reservoir and near the Red Rock/Sourdough Trailhead would continue. No restrooms would be installed at areas where concentrated recreation use occurs and sanitation problems would continue. No trail improvements, connections or designations for type of use (skiing, mountain biking, horse use) would occur. No trail closures would occur to protect the trails during the snowmelt period. No additional regulations would be established to manage the recreation in the area. (It is recognized that under this alternative, ongoing routine maintenance and some project work to address safety issues would continue in the BLRA, however to fully comply with the law and simplify comparison with the Proposed Action (Alternative E) this ongoing maintenance and limited project work was not included in the No Action description.) 15

16 This alternative represented the existing condition of the project area and was used as a baseline against which to compare the other alternatives. This alternative complied with 40 CFR (d), which requires that a no action alternative be included in the analysis. Other alternatives were considered during the planning process, but were not studied in detail. They were dropped from further analysis because they did not meet the purpose and need of the project, were not technically feasible or did not comply with the Forest Plan. These alternatives and reasons for their elimination are described in the EA on pages Public Involvement Scoping for the Brainard Lake Recreation Area Development/Management Plan and EA project was conducted during November and December The public meetings were advertised in a press release dated November 2, 2003 that was sent to the Daily Camera, Nederland Mountain Ear, Denver Post, Associated Press, United Press, Colorado Daily and Longmont Times. A scoping letter and Opportunities for the Future document describing the Brainard Lake Recreation Area planning project were mailed to interested and affected parties on November 13, The scoping letter contained the following information: 1) introduction, background and location of the proposed project; 2) the purpose and need for the proposed project; 3) potential planning components; 4) comment form; and 5) public involvement opportunities. Three open houses were held to explain the project and solicit comments from the public. The meetings took place on November 13 and December 11, 2003 at the Boulder Ranger District office and on November 19, 2003 at Nederland High School. Comments were requested on the proposed project for a 30-day period ending January 8, However, comments were accepted at any point during the analysis process until this decision is made. In addition, on October 9, 2004 the Forest Service hosted a site visit to the Brainard Area to share information and answer questions from the public about the project. Approximately thirty people attended the field visit. On October 29, 2004, an Environmental Assessment, titled Brainard Lake Recreation Area Development/Management Plan, was mailed to a mailing list of 105 individuals and organizations. In addition to direct mailing, the EA was available on the Internet, at the Boulder Ranger District office and at local public libraries. Sixty-four comment letters were received from individuals, groups, private companies, Boulder County and the Town of Ward. On November 10, 2004, another open house meeting for the public was held at the Boulder District office to provide additional information and answer questions about the proposed project and EA. Because there was confusion concerning the closure of the official comment period and because new concerns were raised, it was determined to rework the EA sent out in October. A modified Proposed Action was developed. The reworked Proposed Action was substantially different from the October EA s Proposed Action (Alternative B) and the two 16

17 other action alternatives (C and D). This substantive difference from what the public had seen before necessitated that the public have an opportunity for review of this modified Proposed Action with a thirty-day official comment period. In addition, a flyer announcing the Brainard Lake EA, the management planning process and describing how to become involved was posted at the main Brainard Lake Area Winter Trailhead in February Beginning in July 2005, handouts were provided to the public at the BLRA Entrance station soliciting comments about the future of the area. Previous comment periods (public meetings, field trips, scoping letters) and the 30-day comment period starting in October 2004 were considered to be comments for scoping. Using the comments from individuals, organizations, and other agencies my interdisciplinary team of resource specialists identified several issues regarding the effects of the proposed action. Main issues of concern described in the EA on page 11 included: Quality Recreational Opportunities - The BLRA is a popular destination for a variety of recreation activities year round: camping, hiking, fishing, viewing scenery, cross-country skiing, snowshoeing and access to the adjacent Indian Peaks Wilderness. Recreation use is expected to increase due to the increasing population along the northern Front Range (Denver, Boulder, Fort Collins, etc.). Providing quality recreation opportunities for visitors to the area is a challenge. What types of recreation activities are appropriate for the area? How can vehicle access be managed to ensure vehicles do not dominate the landscape in the vicinity of Brainard Lake during the summer and at the closure gate in winter? What is the effect of eliminating dispersed camping from most areas in the BLRA? Would improved interpretation/education/direction signing enhance the visitor s experience? Are additional regulations needed to minimize conflicts between different recreation uses and to protect resources? Visitor Safety - Vehicle congestion during the peak season creates unsafe situations between vehicles and between pedestrians and vehicles sharing the road. Emergency response time can be delayed due to traffic congestion and inadequate parking and turnaround areas. Forest Service/law enforcement presence is not at the desired level to readily enforce regulations and provide visitor assistance. Signing could be improved to assist with this as well. Would additional Forest Service and law enforcement presence enhance the visitor safety? Would improved signing enhance visitor safety? How can the roads and trails be designed and managed to lessen congestion and conflicts? Indian Peaks Wilderness - The Wilderness borders the BLRA to the west. Most people visiting the BLRA also hike into the Wilderness and many enter the area specifically to visit the Wilderness. The Wilderness receives heavy use and parking at the trailheads often 17

18 exceeds capacity. There is a need to protect the Wilderness from overuse while maintaining reasonable access. Would improving the recreation opportunities outside the Wilderness (at Brainard Lake, at the entrance area and throughout the BLRA) reduce some of the visitor pressure occurring in the Wilderness? Resource Protection (soil, water, biological) - Visitors are creating/expanding social roads, trails and dispersed campsites, both in the BLRA and the Wilderness, which adversely impact vegetation, soils, wetlands and water quality. Some of the current recreation use is within the watershed of nearby communities who depend on high quality water for their domestic needs. These communities are concerned that recreation activities and/or new development of recreation facilities have the potential to affect the quality of their water. There are concerns about protection of wildlife and plant species. Much of the BLRA is within Canada lynx (federally threatened species) habitat. Elk use and migrate through the area in the summer. Moonwort plants (several tiny, rare species) occur at this elevation. Concerns have also been raised about impacts to wildlife at Duck Lake east if the BLRA. How can recreation impacts be minimized to protect wildlife/plants? Would closing social roads and trails protect natural resources? Would eliminating dispersed camping within the BLRA south of the South St. Vrain Creek during the summer protect natural resources? How can the watershed of the nearby communities be protected? To address these concerns, the Forest Service created the alternatives described above and also found in Chapter 2 of the EA. These alternatives were analyzed in Chapter 3 of the EA. The only official 30-day comment period to give standing for appeal of the decision based on this EA began the day after publication of a legal notice in the Boulder Daily Camera on August 24, At the same time, the Brainard Lake Recreation Area Development/Management Projects Environmental Assessment was mailed to 120 individuals, businesses, and organizations that either responded to the original scoping letter or expressed an interest in being notified about the project. In addition 556 letters were sent to an extended mailing list stating that the EA was available. Twenty-nine responses were received within the 30-day period. An additional seven responses were received after the deadline. The public comments received on the project are summarized and included in Appendix A of this Decision Notice. Finding of No Significant Impact After considering the environmental effects described in the EA, I have determined that these actions will not have a significant effect on the quality of the human environment considering the context and intensity of impacts (40 CFR ). Thus, an environmental impact statement will not be prepared. I base my finding on the following: 1. Context and Intensity This project is located at a very popular, highly scenic recreation area. Visitors, largely, are from the Front Range cities of Colorado, though the Indian Peaks Wilderness area to the 18

19 west of the BLRA attracts visitors from around the country. All projects are designed to improve visitors recreation experience and minimize any impacts to the dramatic scenery of the area. No significant effects on local regional or national resources were identified in the EA. Project design and mitigation measures will keep project impacts below the level of significance. Forest Service representatives will regularly inspect project operations to assure conformance with the terms of the EA, the Forest Plan and appropriate State and Federal laws. Specialists who participated in analysis of this proposal will be involved with design and on-site layout in the campgrounds, picnic areas, trails, and other facilities to assure that design criteria/mitigation requirements described in the EA and included in my decision are met. In addition, the projects are within the scale and context of current development and recreation management activities within the BLRA. Impacts associated with the project are discussed in Chapter 3 of the EA and the project record. The impacts are within the range of those identified in the 1997 Revised Forest Plan. Alternative E will not have significant impacts on resources identified in the EA. After careful consideration of the EA, the project record, and in documented consultation with resource specialists, it is my finding that the effects of these projects are not significant. My finding that the impacts are not significant is not biased by the beneficial impacts described in the analysis. 2. Public Health and Safety Proposed activities will not significantly affect public health and safety due to the mitigations/project design included with this decision and from experience implementing and monitoring similar projects. A goal of the project is to provide a quality and safe recreation experience for visitors. 3. Unique Characteristics of the Area The projects for the selected alternative are located within Brainard Lake Recreation Area which includes a portion of the Indian Peaks Adjacent Area C Roadless Area and is adjacent to the Indian Peaks Wilderness Area. There are archaeological sites, which have been determined to be eligible for the National Register of Historic Places (e.g., historic ditch). The project will not adversely effect these unique characteristics of the BLRA or ecologically critical areas (wetlands, wildlife habitat, domestic water reservoirs). My determination is based on the discussion of effects found in the EA, Chapter 3 and Issues Dismissed from Detailed Analysis (EA pp ). There are no parklands, prime lands (forest, farm or range), or wild and scenic rivers associated with the project area. By adhering to the project s construction standards and design criteria/mitigations, impacts to watersheds, wetlands, environmentally sensitive or critical areas, cultural resources, and wilderness and roadless areas will not be significant. 4. Controversy The activities described in my decision do not involve effects on the human environment that are likely to be highly controversial (40 CFR ). Public comment during scoping and the comment period regarding this project focused primarily on the recreation experience, improving visitor safety, protecting the visual quality, and protecting wildlife and other natural resources. These concerns were addressed in alternative development and through project design criteria/mitigation. I find the effects on the human environment are not highly 19

20 uncertain, are unlikely to involve unique or unknown risks and are not likely to be highly controversial and are, therefore, not significant. 5. Uncertainty The activities described in my decision will not involve effects that are highly uncertain or involve unique or unknown risks (40 CFR ). Pertinent scientific literature has been reviewed and incorporated into the analysis process and the technical analyses conducted for determinations on the impacts to the resources are supportable with use of accepted techniques, reliable data and professional judgment. Impacts are within limits that are considered thresholds of concern. Issues of public concern and possible environmental effects of the selected alternative have been adequately addressed in the analysis of this decision. Therefore, I conclude that there are no highly uncertain, unique or unknown risks. 6. Precedent My decision to implement the activities included in Alternative E does not establish a precedent for future actions with significant effects or represent a decision in principle about a future consideration. I have made this decision based on the overall consistency of the proposed activities with Forest Plan standards, guidelines and management practices, and the capabilities of the land. 7. Cumulative Impacts The EA includes all connected, cumulative and similar actions in the scope of the analysis (EA, p. 27). The cumulative effects of past, present and reasonably foreseeable actions are considered and disclosed in the EA, Chapter 3, and there are no significant cumulative effects. 8. Properties On or Eligible for the National Register of Historic Places There are archaeological sites, which have been determined to be eligible for the national Register of Historic Places (e.g., historic irrigation ditch and incinerator). Heritage resource specialists based this determination on a literature review of the proposed project and a Class III cultural resources inventory in the project area. Forest Service archaeologists documented a determination of no historic properties affected for this project. The State Historic Preservation Officer (SHPO) has concurred on this finding. The clearance letter from SHPO and the cultural resource specialist report are included in the project file. Should an unknown cultural resource site be discovered during project implementation, it will be protected under the requirements of Federal law. 9. Endangered or Threatened Species or Their Critical Habitat The action will not adversely affect any endangered or threatened species or their critical habitat (Endangered Species Act of 1973). The project area was field checked by the Forest Botanist and District Wildlife Biologist (see EA pages 69-79). Biological Evaluations for threatened and endangered plants, wildlife, and fish were conducted. Habitat occurs in the area for one threatened wildlife species, Canada lynx, and it was concluded that implementation of Alternative E may affect, but is not likely to adversely affect the Canada Lynx (EA, p. 77). One threatened fish species, greenback cutthroat trout, is present in Brainard Lake, and it was concluded that implementation of Alternative E may affect, but is not likely to adversely affect the greenback cutthroat trout. There are no endangered or threatened plant species. The Biological Evaluations have been summarized in the EA and the full reports are located in the project file. 10. Legal Requirements for Environmental Protection 20