USDA Forest Service Pacific Southwest Region Lake Tahoe Basin Management Unit Decision Memo for Implementation of Heavenly s 2013 Summer Activities Projects Douglas County, Nevada El Dorado County, California BACKGROUND: Heavenly s 2013 Summer Activities Projects represent the continued implementation of the Heavenly Master Development Plan and 2007 Master Plan Amendment (MDP). The MDP provides the general framework for the development of Heavenly Mountain Resort. The 2013 Heavenly Summer Activities are consistent with the vision described in Heavenly s accepted MDP. Some of the activities have been modified to account for site specific conditions and those activities specifically approved by the Ski Area Recreational Opportunity Enhancement Act of 2011. Construction of all proposed activities would be conducted in accordance with applicable portions of the revised Construction Erosion Reduction Program (CERP), as outlined in the MDP and 2007 Environmental Impact Statement. The following project summary describes the proposal in detail, and corresponds with the attached maps. EXISTING CONDITION: With passage of the Ski Area Recreational Opportunity Enhancement Act of 2011, the National Forest Ski Area Permit Act of 1986 was amended to allow additional summer uses of National Forest System (NFS) lands within winter resorts including ziplines, rope courses, and other outdoor recreation activities. DESIRED CONDITION: The desired condition is to provide additional summer and multi-seasonal recreational activities at the top of the gondola as described in the MDP and in response to the Ski Area Recreational Opportunity Enhancement Act of 2011.
The gondola is the predominant destination resort access point in winter and summer. The gondola provides access to approximately 45% of all winter guests and provides the only access during the summer. Since 2001, the top of the gondola has been the center of summer activity at Heavenly and provides the ideal location for these activities in a managed environment. It allows visitors who are staying in lodging in or near the Stateline area to access recreation opportunities on National Forest System lands without the need for a private automobile. The activities will directly implement the TRPA Environmental Threshold for Outdoor Recreation. This location is supported by the MDP which identified the need to provide a full array of multiseason activities and services at the top of the gondola, including non-skiing activities. The recreational activities proposed in this project will provide a variety of high-quality, resource based recreational opportunities and will be available during the winter and summer. PURPOSE AND NEED: The 2013 Heavenly Summer Activities are linked, both directly and indirectly, to the Master Plan - the purpose of which is: to improve the overall quality of the visitor experience at the resort, creating an improved, multi-seasonal visitor and skier/snowboarder experience that is competitive with the experience offered by other destination resorts and that reflects current market trends and preferences. Heavenly and the Forest Service have identified an opportunity consistent with the Forest Plan and Heavenly s MDP to provide summer and non-skiing guests and visitors with recreational activities that allow them to experience the National Forests using existing infrastructure without creating adverse environmental effects. PROPOSED ACTION: Construction of all proposed projects will be conducted in accordance with the revised Construction Erosion Reduction Program (CERP), as outlined in the MDP and the 2007 Environmental Impact Statement. The following project summary describes the proposal in detail. Tamarack Climbing Rock The existing Adventure Peak climbing wall will be replaced with a larger, more realisticthree dimensional rock structure offering multiple routes for a variety of skill levels and a mechanical auto-belay system for participants, It will be approximately 30 feet in height and be designed to closely replicate the form, color and textures of a large wall of local Sierra Nevada granite. It will be staffed with trained rock climbing guides who will be on hand to assist the users. It will be located in the previously disturbed area adjacent to the existing Tamarack Lodge. No utilities are needed. No tree removal is needed. Apr-13 2
Discovery Forest Zipline Canopy Tour The Discovery Forest Zipline Canopy Tour is a tree-based zip line canopy tour (ropes course) designated for a wide range of visitors with differing ability levels. It will be implemented in the forested area that is located between the Tamarack Express lift and the Big Easy ski trail. It will occupy an area that is approximately 100 feet wide by 300 feet in length and is not used for skiing or snowboarding. The course is a self-paced aerial tour designed for children and young adults, but is appropriate for adult family members as well. It will have a number of platforms incorporating environmental education information. The platforms are intended to provide visual anchor points which define the feeling of entering and experiencing a raised village. Small gathering areas at both ends will allow the sharing of environmental and interpretive information between guides and visitors. Trained guides will be stationed at key locations within the Discovery Forest to observe activities, provide interpretive information and ensure that platform transfers are done properly. Discovery Forest Zipline Canopy Tour components include: 15-18 individual zip line and ropes course-style elements 4-5 entry and sky bridges 18-20 tree platforms 4 ground access and egress points Hiking trails from the Expedition Center and Tamarack Lodge to the Discovery Forest No utilities or other infrastructure are necessary. Selective tree removal for individual challenge elements and bridges will be necessary. Bear Cave Challenge Course A self-guided climbing structure (ropes course) known as the Bear Cave Challenge Course will be located adjacent to the existing Bear Cave Expedition Center building. It includes two levels of rope bridges, walkways and similar climbing activities that are approximately 40 feet in height. The overall area of the Challenge Course will be approximately 40 feet by 80 feet. Participants will be tethered to the structure with safety harness equipment and can move back and forth across the different climbing elements as well as vertically on different levels. It will allow participants to develop skills and gain confidence as the level of difficulty increases. No utilities or other infrastructure are necessary. Selective tree removal for the course will be necessary. Apr-13 3
Boulder Cove Challenge Park The Boulder Cove Challenge Park is a self-guided challenge-type activity (ropes course) that consists of a series of vertical wooden columns, platforms and rope walkways/bridges. It will be located near the base of the gondola stairs behind the existing trail map signs. The park s layout will be curvilinear in nature and closely follow the landform into which it is set. The Park will contain a number of alternate routes of varying degrees of difficulty. The routes are stacked vertically with two routes per level. It will be designed to accommodate skill levels that range from the very young to the very athletic. Participants will be outfitted with harnesses and are continually secured to an overhead belay line. The foot print is approximately 30 feet by 180 feet in area and will be approximately 30 feet in height. No utilities are needed. Limited tree removal and limbing is needed for implementation Zipline Center A new four line Zipline Center will be sited in area between the existing tubing runs and the existing Big Easy chairlift. There will be four parallel lines approximately 1,000 feet in length. The lines will parallel the Big Easy chairlift and land near the base of the Red Fir handle tow lift. Participants will ride the Big Easy chairlift and utilize a new segment of hiking trail (approximately 100-120 feet in length) in order to access the top of the ziplines. Takeoff and landing platforms (approximately 40 feet in height) will be constructed at either end. The Zipline Center is intended to introduce participants to zip-lining and provide a shorter opportunity than the Heavenly Flyer. Limited tree removal is needed for the top and bottom platforms, the course alignment and the walking path. Low voltage electrical and communication lines are needed and will be run from the top of the Big Easy chairlift. PROJECT DESIGN FEATURES: The following design features and construction methods will be utilized in all projects as appropriate. Some of these measures are taken directly from the Master Plan Construction Erosion Reduction Program (CERP). Specific design features include: RESOURCES: Sensitive Plants and Noxious Weeds All gravel, fill, mulches or other materials should be weed free. Use onsite sand, gravel, rock or organic matter where possible. Otherwise, obtain materials from gravel pits and fill sources that have been determined to be weed-free by the Forest Service Noxious Weed Coordinator. Topsoil from disturbance will be saved and put back to use in onsite revegetation, unless contaminated with noxious weeds. Apr-13 4
All activities that require seeding or planting should use locally collected native seed sources whenever possible. Plant and seed material should be collected from as close to the project area as possible, from within the same watershed and at a similar elevation whenever possible. Persistent non-natives such as timothy (Phleum pretense), orchardgrass (Dactylis glomerata), or ryegrass (Lolium sp.) should be avoided. Seed mixes should be approved by Forest Service Botanists. Equipment, materials, or crews shall not be staged in noxious weed infested areas. Summertime maintenance and excavation equipment vehicles used for project implementation should be weed free and cleaned of all attached mud, dirt, and plant parts before entering the project area. This practice shall be done at a vehicle washing station or steam cleaning facility (power or high-pressure cleaning) before the equipment and vehicles enter the project area. If sensitive plants are discovered during implementation, the Responsible Official may implement a 100 foot buffer from those plants, adapt construction timelines or facility locations as determined necessary to provide adequate protection. Continue to implement long-term Tahoe draba monitoring. Cultural/Archaeological No areas of mapped archaeological features will be used. Off-limits areas will be identified and established jointly by Heavenly and Forest Service staff near these sensitive areas and lined with rope barriers in order to prevent access. In areas that have not been surveyed for cultural resources, surveys will be done and projects adjusted to avoid any identified cultural resources. Vegetation To the extent feasible, facilities will be constructed to avoid healthy whitebark pine trees. During construction, avoid material damage to those trees not proposed for removal. Prior to project implementation, trees proposed for removal or limbing will be marked by USFS Vegetation staff (based on preliminary identification by Heavenly Mountain Resort) and inspection by the Forest Botanist or their designated appointee. No whitebark pine trees greater than 24 dbh will be removed. If white pine blister rust or mountain pine beetle are detected in the project area, tree removal and limbing will progress from uninfested areas to infested areas. Additional prevention measures may be necessary and will be coordinated with the Forest Botanist and Silviculturist or their designated appointees. During over-the-snow tree removal, trees will be skidded over a minimum of 12 of compacted snow behind a snow cat to designated staging areas in order to prevent soil disturbance. Trees will be limbed and chipped at the staging area for use for erosion control and soil amendments. Collaboration between Heavenly Mountain Resort and the USFS on a mountainwide Partnership Conservation Action Plan will continue. This work will provide for additional ecological restoration strategies to address specific species needs in the future. Apr-13 5
Wildlife Conduct pre-implementation pedestrian visual surveys for marten dens in all project areas between two and three weeks prior to project initiation (i.e., ground or tree disturbance) and regardless of season. If dens are positively identified, the project biologist would coordinate with USFS biologist within 24 hours of identification. All survey results would be submitted to USFS biologist prior to project initiation. Based upon the results, the Responsible Official may implement an LOP, adapt construction timelines or facility locations as determined necessary to provide adequate protection. If an LOP is implemented, construction may only occur between August 1 and March 15. Refuse containers near or within the 2013 Summer Activities shall be designed to be wildlife proof to prevent access by wildlife species. Containers should have functioning locks that are secured at all times except when actively being used. Refuse containers will be emptied daily when being used by workers or visitors. Species identification, known locations, and all resource protection measures related to terrestrial wildlife would be addressed with implementation crews and by the project biologist during a pre-construction tailgate meeting. Any sightings of threatened, endangered, candidate, proposed, or sensitive species would be reported to the project biologist and construction would be stopped immediately if the species is found within any disturbance footprint. If construction is stopped, the monitor must consult with Forest Service staff within 24 hours to determine appropriate actions to continue construction while reducing impacts to special-status species. Leave low-lying vegetation undisturbed where feasible. Snags would be retained for wildlife unless deemed a hazard tree. Unless deemed a safety hazard, leave existing coarse woody debris (i.e., downed logs) and newly created coarse woody debris from tree removal activities in all project areas. Preference would be given to retain the largest possible logs. Recreation/Visual Prior to construction of the 2013 Summer Activities, Construction Zone signage would be posted so that signs are visible to visitors using the area for recreation. Any site grading related to the 2013 Summer Activities will blend disturbance into the existing topography to achieve a natural appearance and minimize cuts and fills at the transition with grading and existing terrain. Installation and design of signs and structures associated with the 2013 Summer Activities will be consistent with BEIG and with Heavenly's alpine design character. The Forest Service will review final design plans of the 2013 Summer Activities to ensure that they are consistent with the design character of the resort and applicable engineering standards (for example ASTM F2959 and FSM 7330 standards for ropes courses). Employ rope lines to encourage users to stay on defined trails and paths where necessary. Apr-13 6
BMPs: Dust control measures, at construction sites and on roads. Using US EPA Tier2/Tier 3 level engines and power units to minimize emissions Implementing permanent water quality BMPs following project construction. Installation of temporary water quality Best Management Practices (BMPs). These may include but will not be limited to: silt fences, straw wattles, coir logs, mulching, gravel/sand bags and construction fencing. Limited disturbance and construction staging areas. Topsoil replacement, seeding, and weed-free mulching (as necessary) will be used to stabilize disturbed soils and re-establish soil function following project completion. Proper backfilling and compaction of all excavations as outlined in the CERP. Separating top soil and duff layers from excavation spoils for later re-use in revegetation where possible. Implementing site-specific revegetation, soil erosion and sedimentation plans and specifications. Incorporating organic material into soil amendments to promote soil infiltration and plant establishment. MONITORING: Conduct specific pre-construction and post-construction monitoring evaluations of disturbed areas and success of revegetation. Multi-year, post-construction monitoring and reporting of construction areas as required by the Forest Service BMP Effectiveness Protocol Program. Monitor construction areas and areas disturbed by this project for noxious weeds and treat any noxious weeds found. The Forest noxious weed coordinator will be notified upon project completion for scheduling of out-year monitoring. REASONS FOR CATEGORICALLY EXCLUDING THE PROPOSED ACTION: CEQ regulations allow federal agencies to exclude from documentation in an environmental assessment (EA) or environmental impact statement (EIS) categories of actions that do not individually or cumulatively have a significant effect on the human environment, based on the agency s experience and knowledge. The proposed action fits under 36 CFR 220.6 (e)(3), Approval, modification, or continuation of minor special uses of NFS lands that require less than five contiguous acres of land. These activities fit within this category because the activities are located within the special use permit area for Heavenly Mountain Resort and are under 5 acres in total. Apr-13 7
EXTRAORDINARY CIRCUMSTANCES: The mere presence of one or more of these resource conditions does not preclude use of a categorical exclusion (CE). It is the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions and if such a relationship exists, the degree of the potential effect of a proposed action on these resource conditions that determine whether extraordinary circumstances exist. (36 CFR 220.6(b)) 1. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species The potential effects of this decision on listed wildlife, fish, and plant species have been analyzed and documented in a Biological Assessment/Biological Evaluation (BA/BE; Project Record Documents A1 and A2). Wildlife and Fish The proposed projects will not affect Pacific fisher and Lahontan cutthroat trout or its designated critical habitat because the proposed action is outside the current range of these species or because there is no suitable habitat in or within 0.5 miles of the project area. The proposed projects will not affect Pacific great gray owl, Sierra Nevada red fox, California wolverine, willow flycatcher, Mountain yellow-legged frog, Northern leopard frog, Lahontan Lake tui chub, and Great Basin rams-horn because the proposed action is outside the current range of these species or because there is no suitable habitat in or within 0.5 miles of the project area. The proposed projects will not affect bald eagle, northern goshawk, California spotted owl, or Townsend s big-eared bat because individuals are not known to nest, den, or roost in the project area and/or suitable habitat will not be disturbed as part of the proposed projects. The proposed projects may affect individuals, but is not likely to result in a trend toward Federal listing or loss of viability for Pacific (American) marten. (Project Record Document A1). Botany The Heavenly Mountain Resort 2013 Summer Projects will not affect Galena Creek rockcress (Arabis rigidissima var. demota) and Tahoe draba (Draba asterophora var. asterophora). This determination is based on the negligible direct and indirect effects to individuals and areas of suitable habitat. The Heavenly Mountain Resort 2013 Summer Projects will not affect any other Region 5 Sensitive species or any Threatened, Endangered, or Proposed species. This determination is based on the absence of suitable habitat within the project area for these species and the lack of individuals known or expected to occur within the project area. Species pending Sensitive status - The Heavenly Mountain Resort 2013 Summer Projects may affect individuals, but is not likely to accelerate the trend toward Federal listing or result in loss of viability for whitebark pine (Pinus albicaulis). This determination is based on the following: a) some individual whitebark pine trees will be direct affected, in that they will be permanently removed, but they constitute a Apr-13 8
very small portion of the LTBMU whitebark pine population; and b) the threats to whitebark pine that contributed to its consideration for federal listing are adequately addressed through project design features (Project Record Document A2). 2. Flood plains, wetlands, or municipal watersheds There are no floodplains, wetlands or municipal watersheds located within the project area. 3. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas There are no congressionally designated areas, such as wilderness, wilderness study areas or national recreation areas located within the project area. 4. Inventoried roadless areas or potential wilderness areas There are no inventoried roadless areas or potential wilderness areas located within the project area. 5. Research Natural Areas There are no research natural areas located within the project area. 6. American Indians and Alaska Native religious or cultural sites There will be no effect to American Indian religious or cultural sites because no cultural resources were identified, projects are located in areas that have been previously disturbed, and project design features have been developed to avoid potential effects (Project Record Document A3). Alaskan sites do not apply to the California region. 7. Archaeological sites, or historic properties or areas There will be no effect to archaeological sites or historic properties or areas because no cultural resources were identified, projects are located in areas that have been previously disturbed, and project design features have been developed to avoid potential effects (Project Record Document A3). FINDINGS REQUIRED BY OTHER LAWS: The proposed action is consistent with direction provided by the Lake Tahoe Basin Management Unit Forest Plan (Project Record Document A4), as required by the National Forest Management Act of 1976. The project is located in the Heavenly Valley Management Area and is within the area guided by Management Prescription #2 Alpine Skiing. The activity is consistent with existing uses and complies with the Endangered Species Act, Migratory Bird Treaty Act, Clean Water Act, and the Historical Preservation Act of 1966. PUBLIC INVOLVEMENT: Scoping for these projects included: 1. Listing the projects on the LTBMU SOPA on October 1, 2011 (Project Record Document A5). 2. A press release was sent out to local news outlets on November 16, 2012 and posted to the LTBMU website (Project Record Document A6). Apr-13 9
3. The proposed action document and maps (Project Record Documents A7 and A8) were posted on the LTBMU website at: http://www.fs.usda.gov/goto/ltbmu/heavenly2013 From the scoping period, comments were received from 24 individuals and organizations (Project Record Document A9-A32). All of the comments were supportive or provided general suggestions on construction design features and timing of activities. REGULATORY AGENCY INVOLVEMENT/PERMITS: Tahoe Regional Planning Agency Heavenly has obtained a TRPA permit (file #ERSP2012-1147) (Project Record Document A33) for the activities described in this Decision Memo. All terms and conditions required by this permit will be followed. Lahontan Regional Water Quality Control Board A permit from Lahontan may also be required for those portions of the projects in California. It is the responsibility of Heavenly Mountain Resort to obtain and follow any additional terms and conditions required by this permit. NOTICE, COMMENT and APPEAL OPPORTUNITIES: A comment period was provided pursuant to the March 19, 2012 order issued by the U. S. District Court for the Eastern District of California in Case No. CV F11-679LJO DLB which started on January 23, 2013. Only supportive comments were received during the 30 Day Comment Period (Project Record Documents A34-A51). This Decision is not subject to appeal. IMPLEMENTATION DATE: Implementation of this project will begin immediately. CONTACT PERSON: Jonathan Cook-Fisher, Special Uses Program Manager Lake Tahoe Basin Management Unit 35 College Drive South Lake Tahoe, CA 96150 (530) 543-2741 (phone) (530) 543-2693 (fax) comments-pacificsouthwest-ltbmu@fs.fed.us Apr-13 10
SIGNATURE AND DATE: I have decided to implement the proposed action. I have concluded that this decision may be categorically excluded from documentation in an environmental impact statement or environmental assessment as it is within one of the categories identified by the U.S. Department of Agriculture in 7 CFR part lb.3 or one of the categories listed in sections 220.6 (d) and (e) of 36 CFR 220.6. My decision concludes that no extraordinary circumstances exist related to the proposed action that may result in a significant individual or cumulative effect on the human environment, and that the decision is not subject to appeal. The effects of the Tamarack Climbing Rock have been analyzed and it has been determined that there are no extraordinary circumstances related to that activity. However, approval of this activity is awaiting a final agency determination of consistency with the Ski Area Recreational Opportunity Enhancement Act of 2011. If the determination is made that this activity is consistent, I intend to approve this activity. In the meantime, the existing climbing wall may be utilized as previously authorized. My conclusion is based on information presented in this document, my familiarity with the project areas and the entirety of the project file. I also based my conclusion on a review of the project record that shows a thorough review of relevant scientific information. Y J. GIBSON Date Forest Supervisor Lake Tahoe Basin Management Unit 2..//3 APPENDIX A - Map Apr-13 11
APPENDIX A Map Apr-13 12