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Decision Memo

Ophir Pass Fen Restoration

USDA Forest Service

Columbine Ranger District, San Juan National Forest

San Juan County, Colorado

T42N, R8W Section 32 N.M.P.M.

Background

In the late 1800’s, smelters processing gold and silver ore needed iron as a flux in the smelting process.

Iron that precipitated out in the deep organic soils of wetlands and fens was investigated as a source of

iron. The Ophir Pass fen was ditched for drainage, and has had some peat material removed from the flat

upper portion. This has triggered plant death and erosion in the steeper parts of the fen.

The resulting ditches have lowered the water table in the fen, stressing the wetland plants. Areas

disrupted by mining are eroding, and the resulting sediment deposition lower on the slope is smothering

and killing additional wetland plants, and allowing more erosion. The eroded soil is transported directly

to the creek. This eroding fen puts metals that are toxic to fish into the stream in amounts similar to those

coming from mining waste piles and draining adits of some of the worst gold and silver mines.

The project area is immediately adjacent to the Ophir Pass road, the main four-wheel-drive route between

Silverton and Telluride that hosts thousands of vehicles every year.

This purpose of this project is to restore the vegetation and hydrologic function of a unique iron fen that

has been impacted by mining for “bog iron.”

Decision

I have decided to implement mine reclamation and wetland restoration at the Ophir Pass fen in section 32,

T42N, R8W, N.M.P.M.

The project will restore 1.6 acres of denuded wetland, restore hydrology to 3.8 acres of fens, and plug 700

feet of ditches. Three primary tasks will be implemented to restore this fen:

1) The upper ditches are fully vegetated, but still divert water from the wetland. These ditches will

be blocked by ditch plugs made of excelsior bales and “sand bags” filled with peat from the

berms left from digging the ditches. These ditch plugs will be revegetated with local sedges.

2) Lower ditches are larger, carry more water, and are only partially vegetated. These will be filled

by removing any available sod, filling the ditch with excelsior bales and any organic material

from the berms, and replacing the sod on top. Any places that do not have sod will be

revegetated with local sedges. This technique has been successfully done on the large ditches at

the Chattanooga fen.

3) The bare area will be regraded to a planar surface that will carry water as sheet flow, instead of in

rills and gullies and will be replanted. Areas that are too high and dry to support wetland plants

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will be used as ditch fill or blended into the planar surface. Immediately after contouring, we will

stabilize the soil to minimize erosion and facilitate planting by covering the steep section with

excelsior mulch and coir matting and installing straw wattles perpendicular to the slope.

Heavy equipment (track hoe) is expected to work for one week. This should not create any more

substantial noise or disruption in the area than the adjacent actively used road. Hand planting crews made

up of volunteers will work for up to several weeks following the heavy equipment. Work is expected to

take place between July and September.

These actions are categorically excluded from documentation in an environmental impact statement or an

environmental assessment because they fall under 1909.15, category 32.2(8) :

“Short term (one year or less) mineral investigation and incidental support activities. Examples:

approving interim and final site restoration activities.” 36 CFR 220.6(e)(8)

Runoff and erosion control, and revegetation are part of final site restoration activities.

The categorical exclusion is appropriate in this situation because there are no extraordinary circumstances

related to the proposed action potentially having effects that may significantly affect the environment. I

considered the following resource conditions:

(a) Threatened, endangered, or proposed, species or their critical habitat or Forest Service

sensitive species: Wildlife reports and clearances dated March 21, 2012 analyzed this

reclamation work. It was determined that there will be no effects to any Threatened,

Endangered, Candidate, or Forest Service Sensitive wildlife species. A sensitive plant clearance

is dated March 21, 2012. It was determined that there will be no effect to any Threatened,

Endangered, or Candidate plant species. There may be adverse impacts to individuals of five

Forest Service Sensitive species, but the project is not likely to result in a loss of viability on the

planning area, nor cause a trend toward federal listing or a loss of species viability range wide for

these species, and no mitigation was required.

(b) Floodplains, wetlands, or municipal watersheds: This work will restore an impacted

wetland, and has been permitted by the Corps of Engineers. It is in the headwaters of the Animas

River watershed (which supplies domestic water to Durango) and will reduce sediment delivered

to the stream by about 40 tons per year. There will be no negative impacts to floodplains,

wetlands or municipal watersheds.

(c) Congressionally designated areas, such as wilderness, wilderness study areas, or

National Recreation Area. The project does not fall within these areas.

(d) Inventoried roadless areas: The project does not fall within these areas.

(e) Research Natural Areas: The project does not fall within these areas.

(f) American Indian and Alaska Native religious or cultural sites: There are no known

religious or traditional cultural sites near the project area.

(g) Archeological sites, or historic properties or areas: The project area has been inventoried

and it was determined that there will be no affects to sites eligible for the National Register of

Historic Places. A SHPO concurrence letter is dated March 21, 2012.

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Public Involvement

This project has been listed in the Schedule of Proposed Actions since 2008. This site has been included

in fen education trips by Mountain Studies Institute for several years. This project has been mentioned at

the Animas River Stakeholders Group, and members of the group provided some historical (anecdotal)

information.

Pursuant to the March 19, 2012, judicial ruling by the U. S. District Court for the 9th Circuit in case

number CV F 11-679 LJO DLB, a 30-day comment period was held, announced through a legal notice

published in the Durango Herald on April 25, 2012. No comments were received.

Findings Required by Other Laws

This decision is consistent with the Amended San Juan National Forest Plan (1992) as required by the

National Forest Management Act. Reducing stream-side erosion is consistent with all management areas

and emphasis areas in this plan. Specialist clearances ensure that the project is consistent with the

Endangered Species Act, the National Historic Preservation Act, and the Clean Water Act.

Implementation Date

This project will be implemented in the summer of 2012.

Administrative Review or Appeal Opportunities

This decision is not subject to administrative appeal under Forest Service Regulations

36 CFR 215 because no comments were received during the established comment period.

Contact Person

For additional information concerning this project, contact Kay Zillich, Abandoned Mine Program, Tres

Rios Field Office, 15 Burnett Court, Durango, CO 81301, 970-385-1239.

For information regarding the decision or the Forest Service appeal process, contact Cam Hooley,

Columbine Ranger District, 970-884-1414.

/s/ Matt Janowiak_____________________________________ May 29, 2012____

MATT JANOWIAK Date

Columbine District Ranger

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