USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton...

14
USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane . Department of Service Jackson Ranger District P.O. Box 1689 Agriculture Jackson, WY 83001 DECISION MEMO Development and Operation of Aerial Adventure Course at Jackson Hole Mountain Resort USDA Forest Service Jackson Ranger District, Bridger-Teton National Forest Location: Latitude N43° 35’ 24”, Longitude Wi 100 49 44”; Section 13 T 42N Ri 17W, Jackson Hole Mountain Resort, Bridger-Teton National Forest, Teton County Wyoming. INTRODUCTION The Jackson Ranger District has reviewed agency specialist input and public comments as they pertain to the proposed construction and operation of an Aerial Adventures Course (AAC) at Jackson Hole Mountain Resort (JHMR). The project will authorize JHMR to construct and operate an Aerial Adventure Course outdoor recreation facility within the existing Special Use Permit (SUP) held by JHMR. The proposed project will be built in (2) phases. The purpose of the AAC is to provide new forms of recreation during winter and summer using existing topography, facilities and lift infrastructure wherever possible and feasible. The underlying purpose is to provide recreation that is consistent with connecting people with the natural outdoor environment using safe and innovative approaches to enjoying our national forests. Given the technical requirements and existing land ownership in Teton Village, it is necessary to use a portion of the JHMR SUP area adjacent to existing lifts and runs to implement the proposed AAC. Depictions of the AAC project are provided in the attached figures. BACKGROUND JHMR operates under a SUP from the U.S. Forest Service and the proposed activities are located on National Forest System (NFS) land. Although JHMR is renowned for its skiing, it has also developed a base area and other recreational activities that provide recreation for summer visitors. As an authorized land management agency within the Department of Agriculture, U.S. Forest Service, the BTNF has a role in the local economy but does so within the laws, regulations, plans and provisions mandated by Congress. The Ski Area Recreational Opportunity Enhancement Act of 2011 (The Act) provides a regulatory setting to broaden the range of recreational opportunities at ski areas. The AAC project is a response by JHMR to provide a broad recreation base under provisions of The Act which specifically allows for construction and operation of zip-lines and ropes courses (Section 3(3): (A) and (D)) within ski areas permitted on NFS land under provisions of the National Forest Ski Area Permit Act of 1986 (Ski Area Permit Act, as amended). The conditions that apply under The Act (2011) as they relate to the Ski Area Permit Act (1986) state that the activity and facility shall encourage outdoor recreation and enjoyment of nature, harmonize with the natural environment of the National Forest System land, be located within the developed portions of the ski area, be authorized in accordance with the applicable land and resource management plan and applicable laws. As noted above, the activity and facility can include zip-lines and ropes courses but not tennis courts, water slides, water parks, swimming pools, golf courses -Dedsion Memo - Page 1 of 13

Transcript of USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton...

Page 1: USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane. Department of Service Jackson Ranger District P.O.

USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane. Department of Service Jackson Ranger District P.O. Box 1689

Agriculture Jackson, WY 83001

DECISION MEMO

Development and Operation of Aerial Adventure Course atJackson Hole Mountain Resort

USDA Forest ServiceJackson Ranger District, Bridger-Teton National Forest

Location: Latitude N43° 35’ 24”, Longitude Wi 100 49 44”; Section 13 T 42N Ri 17W, Jackson HoleMountain Resort, Bridger-Teton National Forest, Teton County Wyoming.

INTRODUCTIONThe Jackson Ranger District has reviewed agency specialist input and public comments as they pertain tothe proposed construction and operation of an Aerial Adventures Course (AAC) at Jackson HoleMountain Resort (JHMR). The project will authorize JHMR to construct and operate an AerialAdventure Course outdoor recreation facility within the existing Special Use Permit (SUP) held byJHMR. The proposed project will be built in (2) phases. The purpose of the AAC is to provide new formsof recreation during winter and summer using existing topography, facilities and lift infrastructurewherever possible and feasible. The underlying purpose is to provide recreation that is consistent withconnecting people with the natural outdoor environment using safe and innovative approaches to enjoyingour national forests. Given the technical requirements and existing land ownership in Teton Village, it isnecessary to use a portion of the JHMR SUP area adjacent to existing lifts and runs to implement theproposed AAC. Depictions of the AAC project are provided in the attached figures.

BACKGROUNDJHMR operates under a SUP from the U.S. Forest Service and the proposed activities are located onNational Forest System (NFS) land. Although JHMR is renowned for its skiing, it has also developed abase area and other recreational activities that provide recreation for summer visitors. As an authorizedland management agency within the Department of Agriculture, U.S. Forest Service, the BTNF has a rolein the local economy but does so within the laws, regulations, plans and provisions mandated byCongress. The Ski Area Recreational Opportunity Enhancement Act of 2011 (The Act) provides aregulatory setting to broaden the range of recreational opportunities at ski areas. The AAC project is aresponse by JHMR to provide a broad recreation base under provisions of The Act which specificallyallows for construction and operation of zip-lines and ropes courses (Section 3(3): (A) and (D)) within skiareas permitted on NFS land under provisions of the National Forest Ski Area Permit Act of 1986 (SkiArea Permit Act, as amended). The conditions that apply under The Act (2011) as they relate to the SkiArea Permit Act (1986) state that the activity and facility shall encourage outdoor recreation andenjoyment of nature, harmonize with the natural environment of the National Forest System land, belocated within the developed portions of the ski area, be authorized in accordance with the applicable landand resource management plan and applicable laws. As noted above, the activity and facility can includezip-lines and ropes courses but not tennis courts, water slides, water parks, swimming pools, golf courses

-Dedsion Memo - Page 1 of 13

Page 2: USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane. Department of Service Jackson Ranger District P.O.

and amusement parks. The activity and facility cannot result in the primary recreational purpose of theski area permit to be a purpose other than skiing and other snow-sports. Nothing in deciding to allowactivities and facilities under The Act (2011) shall be deemed to amend, modify or otherwise affect theSecretary of Agriculture’s duties under the National Environmental Policy Act of 1969 (as amended) andthe Rangeland Renewable Resources Planning Act of 1974 (as amended), including duties to involve thepublic in decision-making and planning for the national forests.

DECISIONI have decided to authorize the implementation of the AAC project as outlined below (depicted on thefigures attached to this Decision Memo) with the inclusion of certain stipulated mitigation measures andrequirements. I authorize the project to be built in two phases over the next four years. My decisionauthorizes Phase I (Ropes Course) of the project to be completed between September 2013 and May 2014and Phase II (Zip-line and Drop Tower) of the project to be completed prior to September 2017.Depictions of the locations for Phases I and II and renditions of the facilities are included with thisDecision Memo as Figures 1-3.

I authorize the project to disturb up to 1.2 acres which includes soil disturbances inclusive for both PhasesI and II of the project. In addition, I authorize the removal of up to 70 trees, inclusive for both Phases Iand II. I took into account resource evaluations within the Bridger-Teton National Forest, the USFWS,WDGF, and comments received during scoping when making my decision. My decision will requireJHMR to adhere to the following conditions: 1) tree removal will take place prior to May 15 or afterAugust 15 in order to avoid impacts to avian or other tree nesting wildlife; 2) no garbage, editablematerial or other attractants will be made available to bears or other wildlife during construction andoperation of the AAC project; 3) operation of the ropes course and zip-line facilities will not commenceearlier than 9:00 AM and will cease no later than 6:00 PM in order to avoid creating noise during earlymorning and evening hours; 4) illumination of the facilities will not be allowed; 5) towers, platforms andother aspects of the facilities will be constructed using wood or natural appearing materials as much astechnically feasible in order to minimize creating sharp visual contrasts to the existing environment; 6)‘noise dampening’ materials and operation procedures common to the zip-line/ropes course will be usedin an effort to reduce noise; 7) guy wires (defined for this project as wires or cables extending from atower to the ground) will not be used to construct or operate the facility; and 8) state of the art design forthe facilities will be implemented in order to optimize safety, access, and function of the facilities.

The standard ropes course will be located in the base area between the Eagles Rest and Teewinot chairlifts (See Figure 1). The installation of a 70-foot “Drop Tower” that will simulate a free fall experienceand be located near the ropes course and a dual zip-line that will start near the top of the Teewinot Liftand end at the drop tower. There will also be a short ropes course to get from the top of Teewinot Lift tothe start platform of the zip-line. The zip-line will generally follow the existing ski slopes serviced by theTeewinot Lift (See Figure 1). The elevation of the zip-line will vary from 30 to 60 feet above the ground.It will traverse approximately 1,950 linear feet with 350-feet of vertical drop and will be constructedwithin a width of approximately 6 to 8 feet wide. The activity and facilities will be available for use bythe general public including all qualified persons who meet the essential eligibility criteria/requirements(EEC) as defined under Section 504 of the Americans with Disabilities Act (ADA, as amended). All ofthe installation will be done to conventional, engineering standards for these types of recreation facilities.With the exception of some metal horizontal bracing, all of the support facility will be constructed ofwood poles and planking. The layout of the ropes course will be random in nature and designed to

-Decision Memo - Page 2 of 13

Page 3: USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane. Department of Service Jackson Ranger District P.O.

integrate into the existing tree stands as much as practical. The ropes course will be constructed on twolevels (one above the other) using the same sets of support poles. The overall course length will beapproximately 360 feet and there will be several “segments” (spans between two poles) with variouscourse difficulties, elevations, features, and lengths. My decision authorizes JHMR to use the AACfacilities mainly during non-winter months however, pending appropriate weather and operationalcontrols, the facilities may be used year round. The facilities will be used only during daylight hours(similar to the existing lift and other adjacent recreation facilities) and will not have any external lighting.

The Drop Tower will serve as both a landing platform for the zip-line and as a “Jump-Off feature” for afree fall experience. An alternative exit for those not wishing to use the Jump-Off feature will also beprovided. The Jump—Off feature will be 70 feet tall and constructed of wood. For safety and visualconcerns, no guy wires will be installed around the perimeter of the project. There will also be a shortsection of ropes course at the top of the zip-line near the upper terminal of the Teewinot Chair Lift inorder to provide access to the 30- foot tall start platform.

My decision will allow some ground disturbing activities for the purpose of installing poles for the ropescourse. The overall estimated ground disturbance for the entire project will not exceed 1.2 acres. Since theproposed project will be located immediately adjacent to an existing summer road, no new roads will beauthorized. All areas potentially disturbed that will be associated with the AAC project will berevegetated using Best Managements Practices (BMP’s) under Forest Service direction for projects of thisnature. All areas to be graded will have any existing topsoil removed and stockpiled for re-use inreclamation activities. It will then be transported back to the project site and spread over the newlydisturbed areas. If there is insufficient topsoil for this work, more will be purchased locally from anapproved source to facilitate successful reclamation. Once the soil is spread, a seed mixture approved bythe USFS for this project’s elevation and exposure will be applied according to an approved reclamationplan and BMPs. JHMR will be responsible for preventing and treating noxious weeds. Existing summermaintenance roads will provide access for management and construction purposes to both the top andbottom of the AAC project. Users of the ropes course/drop tower will have pedestrian access from thebase area while users of the zip-line will have access via the Teewinot Lift or the existing trail system.This zip-line is not authorized to cross over or under an existing or previously authorized (yet to be built)ski lift.

In order to provide for a safe, clear path for the 6 to 8-foot wide zip-line, I authorize approximately 70trees to be removed and upper limbs to be trimmed for safety considerations. The AAC will not makeany attachments to existing trees and tree removal will take place either before May 15 or after August 15in order to avoid impacts to avian wildlife species. None of the trees slated for removal will be matureWhitebark pine (Pinus albicaulis).

No streams or wetlands will be disturbed to construct the AAC. All of the AAC will be constructed withinthe JHMR SUP boundary in order to take advantage of existing infrastructure and proximity to otherpreviously approved recreational activities within the JHMR SUP. BMPs and provisions for avoidingimpacts to avian and terrestrial wildlife species will be required and included as part of the project. Noadverse effects to plant or wildlife species listed under provisions of the Endangered Species Act areanticipated or authorized under this decision.

-Decision Memo - Page 3 of 13

Page 4: USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane. Department of Service Jackson Ranger District P.O.

I anticipate that the construction of the AAC will be incorporated into JHMR’ s summer operationsprogram during dry conditions which will help to minimize soil erosion and sedimentation impacts. Toensure that as little soil leaves the site as possible, silt fencing and wattles (where appropriate) will beinstalled within the project boundaries or as required under JHMR’s existing Large Construction GeneralStorm Water Permit (#WYR1007O9) issued by the WDEQ (August 5, 2011). Other BMPs measures willbe implemented as appropriate under direction of the USFS.

Ray Spencer (Winter Sports Administrator, Jackson Ranger District) and I have personally observed theproject area and have been informed as to how the AAC will function. We are familiar with the need andpurpose of the project, potential impacts associated with implementing it, and the coordination andunderstanding of the project by professionals within the USFS as well as the Forest Service’s technicalcoordination with the FWS, USACE, WDEQ, WGFD, and others.

Decision Made as a Categorical ExclusionThis action is categorically excluded from documentation in an environmental impact statement (EIS) oran environmental assessment (EA). The proposed action falls within the category from 36 CFR 220.6 (e)(3), “Approval, modification, or continuation ofminor special uses ofNational Forest System landsthat require less than five contiguous acres of land”. The AAC is in compliance with the provisions ofthe Ski Area Recreational Opportunity Enhancement Act of 2011 (The Act) which provides a regulatorysetting to broaden the range of recreational opportunities at ski areas under provisions of the NationalForest Ski Area Permit Act of 1986. The AAC project is in compliance with The Act in that it is forconstruction and operation of a zip-line (Section 3(3) (A) and ropes courses (Section 3(3) (D) within theexisting Special Use Permit area at JHMR.

PUBLIC INVOLVEMENT AND AGENCY COORDINATIONA Scoping Notice was prepared and distributed by the Forest Service to over 180 individuals, corporateentities, or organizations regarding the AAC project on or about June 18, 2013. The Scoping Notice forthe proposed AAC project was specifically distributed to residents of nearby lodges, motels, homes, andcondominiums at Teton Village. On June 20, 2013, a description of the AAC project including adiscussion on why it was needed and its desired purpose was put on the Bridger-Teton National Forestwebsite (http://www.fs.usda.gov/gotolbtnf/projects). The local newspapers published two specific articlesregarding the AAC project that noted that comments regarding the AAC project were being solicited andcould be made at specifically referenced Forest Service offices. Also, the required legal notice was filedin the newspaper of record (Casper Star Tribune) on June 24, 2013. The legal notice referenced thewebsite (above) and also described the opportunities of how the public could comment and becomeinvolved during the 30-day period when the Forest Service was soliciting input from the public. A copyof the Scoping Notice was also sent to the normal list of State of Wyoming and Federal agencies perForest Service policy. Six written comments and one verbal comment were received during the 30-dayscoping period (June 24 — July 24, 2013).

OTHER FINDINGS REQUIRED BY LAWThis decision is consistent with the management direction contained in the Bridger-Teton National ForestLand and Resource Management Plan as required by the National Forest Management Act.

-Decision Memo - Page 4 of 13

Page 5: USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane. Department of Service Jackson Ranger District P.O.

I find that there are no extraordinary circumstances that will warrant further analysis and documentationin an EA or EIS. I specifically took into account resource conditions identified in agency proceduresthat should be considered in determining whether extraordinary circumstances might exist. Thoseconsiderations included:

Federally listed Threatened or Endangered species or designated Critical Habitat, speciesproposed for Federal listing or proposed Critical Habitat pursuant to the EndangeredSpecies Act (1973, as amended), or Forest Service sensitive species pursuant to the BridgerTeton National Forest Plan. Based on verbal communication with the Cody Office of theUSFWS, the only concerns were the potential of attracting bears by making human food available,the use of guy wires that could pose a threat to avian wildlife, and cutting trees during nesting orfledging season (May 15-August 15) for migratory birds. No Critical Habitat was designatedwithin or near the AAC project area. The wildlife biologist for the Jackson Ranger District(BTNF) has concluded that there are no extraordinary circumstances associated with this project inregards to wildlife that will warrant further analysis and documentation in an BA or EIS, giventhat the following mitigation measures are followed: 1) the cutting of trees within the project areawill be completed after August 15 and concluded on or before May 15 in order to avoid “taking”nests or nesting avian wildlife; and 2) the stipulations, concerns, and requirements commonlyassociated with activities on the JHMR SUP area be adhered to, most notably using the correctdisposal of eatable garbage, food storage, and reporting sightings of North American wolverine,Canada lynx, and Grizzly bear.

• Floodplains, wetlands, or municipal watersheds. The AAC project is not in a floodplain. TheForest Hydrologist has concluded that there are no unresolved issues regarding floodplain, wetlandor municipal water as long as the BMPs of the Forest Plan are followed.

• Congressionally designated areas such as Wilderness, Wild and Scenic River, wildernessstudy areas, or national recreation areas. None of those areas exist within the SUP boundary ofJFIMR. V

• Inventoried Roadless areas or potential Wilderness areas. There are no inventoried Roadlessareas or Wilderness areas or similar areas of interest within the proposed AAC project area or theSUP for JHMR.

• Research Natural Areas (RNA). There are no RNAs within the SUP for JHMR.

• American Indians and Alaska Native religious or cultural sites. There are no AmericanIndians and Alaska Native religious or cultural sites within the AAC project site.

Archaeological sites, or historic properties or areas. Implementation of the proposed improvementwill not have any adverse impact on cultural resources protected under provisions of Section 106 of theNational Historic Preservation Act (1966, as amended) because of its location on previously disturbedsites with no obvious desirable resources existing at sites associated with the AAC project. The AACproject area has no known archaeological sites or historic properties or areas of interest. This is mainlybecause of its steep slopes and isolation from the valley and river bottoms. No historic sites will beaffected by the use of this site for the AAC project.

-Decision Memo - Page 5 of 13

Page 6: USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane. Department of Service Jackson Ranger District P.O.

PUBLIC COMMENTSWritten comment letters were received from five individuals and one organization. All six commentletters were made part of the Administrative Record for the project and are on file at the Jackson RangerDistrict, Bridger-Teton National Forest, Jackson, WY. A verbal response from the U.S. Fish and WildlifeService (Cody Office) was solicited and noted. There was considerable overlap in the comments foundamong the letters. Consequently, I encourage interested parties to review responses for all six letters.

Comment Letter #1:

This comment letter expressed concern that as owners of a residence at the Four Season Resort, they willbe able to see the proposed development, particularly the drop tower from their unit. They stated that theydid not object to family friendly amenities at JHMR that are concealed from view. They expressedconcern about the “encroaching amusement park atmosphere of the resort” which has become part of theirview. They felt that such an environment will adversely affect the resale value of their investment. Theyalso stated that they believed that there is a “tipping point” at which additional attractions will hinder, nothelp JFIMR.

Response to Comment Letter #1:

The Forest Service appreciates your interest and involvement with this process. When what is now calledJHMR became operational in 1964 it was done so under provisions of the SUP process in place at thattime. When that SUP was renewed under authority of the National Forest Ski Area Permit Act of 1986 itwas reissued as being in compliance with the Bridger-Teton Forest Plan (Forest Plan, as amended) and thelaws and regulations at that time. Further, in order to construct and operate the AAC JHMR must qualifyunder provisions of their existing SUP, remain in compliance with the Forest Plan, and provide a facilitythat is included under authorities granted by the Ski Area Recreational Opportunity Enhancement Act of2011. The Forest Service is within its granted, obligated and legal authority to allow JHMR to constructand operate the AAC within the JHMR SUP under the aforementioned regulations and acts. The SUP forJHMR preceded the development of the Four Seasons Resort at Teton Village by several decades. Amongthe purposes of the JHMR SUP area is the intent to encourage, allow, and facilitate outdoor recreation forvisitors and local residents. Inherent in those functions is the need from time to time to approveconstruction and maintenance of various ancillary facilities such as towers, cable lines, access roads, andother elements within the SUP that are needed to fulfill the authorized functions of this four-seasonrecreation area. The Forest Service has and will continue to allow activities and operations that are incompliance with the laws and regulations under which the SUP was established.

The Forest Service is sensitive to concerns and interests of those residing adjacent or near SUPboundaries. To that end, I have included several requirements in my decision that are intended to at leastpartially offset or mitigate the alleged nuisances of noise, towers, visual aspects, and activities associatedwith the construction and operation of the AAC that were mentioned in your letter. Please see the overallprovisions of my decision on pages 2-4 of this Decision Memo.

Comment Letter #2:This comment letter noted concerns regarding; land impacts (specifically using trees as supportstructures), wildlife disturbance, traffic and parking, noise, and visual impacts.

-Decision Memo - Page 6 of 13

Page 7: USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane. Department of Service Jackson Ranger District P.O.

Response to Comment Letter #2:The Forest Service appreciates your interest and involvement with this process. In response to thoseconcerns the Forest Service submits the following (in order noted above): the AAC at JHMR will not beusing trees for support structures. Part of my decision to authorize the construction of the AAC at thebase area near other forms of recreation activities such as bike trails, summer hiking trails, lift/gondolaloading terminals, and commercial facilities adjacent to the SUP boundary, included protection of wildlifethat commonly use more remote parts of the SUP area. My decision enables the use of existing, nearbyfacilities for access and parking rather than create a need to construct new roads or additional parking.Further, the ropes course is intended to be a ‘walk-up’ recreation feature while the zip-line is intended toprimarily use an existing lift for access that is routinely used for other recreation (biking, hiking, andskiing) during the summer and winter. Increased noise was noted as a concern in all three commentletters (please see comment on noise in the Response to Comment Letter #3, below). Visual impacts willbe minimal given that the AAC facility will be constructed using natural colored tones of pressure treatedwood that will be as unobtrusive as practical, limit the use of metal to that needed for safety and functionand not allow any artificial lighting or night operations.

Comment Letter #3:This comment letter noted a concern that the new structures of the AAC will be visible from their GraniteRidge residence. They stated that the structures will be visible above the existing tree line on Teewinot[Lift] and that no information was provided on the impact of the course’s lighting or noise levels on theadjoining residential property. The letter also suggested that a more central location within the JHMR,instead of immediately adjoining residential areas, will be more suitable. The comment letter suggestedthat the area by the Eagle’s Rest [Lift] or farther up the mountain on or near Casper or Après Vous [Lift]will be better suited for the course. Lastly, the comment letter noted that by constructing the AAC at thesuggested locations there will be an added benefit of being away from many of the existing hiking andbiking trails, thereby enhancing the experience of those mountain users. Some of the concerns noted inthis letter were similar in nature to those noted for Comment Letter #1 (above).

Response to Comment Letter #3:Some of the structures will be visible from the SUP boundary but not from all points. Existinglandscaping between the new facilities and some residences will obscure the facilities from someresidences. Those facilities that are visible will most likely be portions of the ropes course, the drop tower,and a segment of the zip-line as it approaches the ropes-course and drop tower. Much of the AAC willnot be visible from residential areas as it will either be below the canopy or obstructed by existing skifacilities such as the cables, upper terminal, and towers associated with Teewinot Lift or screened fromview by a stand of tall fir trees, pooi fencing or landscaping situated between the course and the FourSeasons Hotel. By requiring the support and drop towers to be constructed of natural toned, treated wood,not allowing guy wires from the towers to the ground, and limiting the use of metal to that necessary forsafety and function; much of the visual impact will be reduced or eliminated. There will be no lightingused at the AAC so visual impacts from artificial light will not be a concern.

The locations of the ropes course and zip-line were driven by several specific needs:

• the ropes course requires walk-up access from the Teton Village base area in order to encourageefficient use by those already in the base area,

-Decision Memo - Page 7 of 13

Page 8: USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane. Department of Service Jackson Ranger District P.O.

• in order to avoid using vehicles to transport users of the zip-line a chairlift is required and sincethe Teewinot Lift is already used for summer bikers and users of the lower hiking trails, it isefficient to use that lift as a means for loading all of the users (hikers, bikers, zip-line, and sightseers),

• the zip-line requires a 12% grade (slope) in order to be attractive to all users (the Teewinot Lift hasa slope of 13% while the Casper and Après Vous lifts have slopes in excess of 25%),

• the landing platform for the Teewinot Lift will need to be about 60-feet high in order for the zip-line to not be too steep but a landing platform for either the Casper or Après Vous lift will need tobe well over 400-feet high in order to perform a similar function (such a tower will be easilyvisible from the residence areas at the base and elsewhere in Teton Village),

• the base of the zip-line needs to be near the base terminal of the lift that serves it in order toencourage repeated use,

• it is most efficient and functional if the base of the ropes course also serves as the end terminus ofthe zip-line and if the start point of the zip-line is near the top terminal of the lift that serves it(using Teewinot Lift and the chosen location for the ropes course accomplishes these designs veryefficiently, especially since the Teewinot Lift is of the required detachable type), and

• The concentration of activities (hiking, ropes course, zip-line, and biking) within one general areais preferable to spreading activities across a large part of the mountain in order to reduce potentialimpacts to wildlife and visitors who wish to hike in quieter parts of the SUP.

• The Forest Service has previously approved the construction of several ski lifts within JHMR thatare yet to be constructed. The locations suggested by commenters to the AAC proposal wouldnecessitate the zip-line to cross aerially (over or under) an existing or previously approved ski lift.The Forest Service will not authorize this zip-line to cross these existing or previously authorizedlifts because of safety and visual concerns.

In regard to noise, I have required that JHMR use state-the-art equipment. For instance, the use of coatedcable and/or coated sleeves on the zip-line rollers reduces the line noise by about 60%. The noise fromthe zip-line is similar to a cell phone on speaker mode. It is true that participants could make noise whileengaged in either the ropes course or zip-line recreational activity but this is normal and not unusual forthis recreation site since it already has bikers, hikers, sight-seers and other outdoor enthusiasts engaged instrenuous and exhilarating activities. The closest distance from the ropes course to the Four SeasonsHotel is over 400 feet which makes it unlikely that noise ascribable to the ropes course or zip-line couldbe discerned at that distance.

Comment Letter #4:

This letter was from a resident at Teton Mountain Lodge who owns two residences close to the ropescourse and zip-line. The letter expressed support for the activity and facilities including the locationswhere the facilities will be built.

-Decision Memo - Page 8 of 13

Page 9: USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane. Department of Service Jackson Ranger District P.O.

Response to Comment Letter #4:The Forest Service appreciates your interest and involvement with this process. Thank you for your

comment.

Comment Letter #5:This letter as well as letter #6 (same letter but with two signatures) expressed concern regarding the heightof the facilities relative to the Teewinot [Lift] and the potential for impairing existing views of themountain.

Response to Comment Letter #5:The Forest Service appreciates your interest and involvement with this process. The height of the startingpoint of the zip-line is lower in elevation and height than the upper terminal of Teewinot Lift and hencewill not impair views of the mountain. Similarly,. the zip-line itself will follow the contour of themountain to the base. It too will not impair views of the mountain. The ropes course facility will belocated at the base and will be lower than the tree-line and because it is at the base of the mountain willalso not impair views of the mountain and ski area. In response to building the facilities at some locationthat is not adjoining residential areas, please see responses to Comment Letter #3.

Comment Letter #6:Please see Comment Letter #5

Response to Comment Letter #6:The Forest Service appreciates your interest and involvement with this process. Please see response to

Comment Letter #5.

Concerns from the US Fish and Wildlife Service:In a conversation on July 23, 2013 with an official from the Cody, Wyoming Office of the U.S. Fish andWildlife Service (FWS) regarding the AAC project, the following comments were related: attractingbears (especially Grizzly bears) was a concern and the FWS recommended that no human foods, waste orother attractants will become available to bears as a result of implementing the AAC project; the FWSwas concerned that guy wires will be used to anchor towers or other elements of the AAC; and the FWSreiterated that the cutting of trees be confined to the period between August 15 and May 15. The FWSnoted that standard provisions for reporting Threatened or Endangered species should apply.

Response to the FWS Concerns:My decision has taken all of those comments into consideration. JHMR will adhere to construction andoperational practices that will not result in attracting bears to the site, no guy wires will be allowed inconstructing the AAC, and cutting of trees will be done between the dates of August 15 through May 15.Standard reporting provisions will apply if Threatened or Endangered species are observed within theproject area.

ADMINISTRATIVE REVIEWThis action is subject to the Forest Service Notice, Comment, and Appeal Procedures of 36 CFR 215. Aperson has standing to file an appeal if they submitted a comment or expressed interest during the 30-daycomment period. A notice of Appeal must be in writing and clearly state that it is a Notice of Appeal

-Decision Memo - Page 9 of 13

Page 10: USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane. Department of Service Jackson Ranger District P.O.

being filed pursuant to 36 C.F.R. 215. Appeals must be filed within 45 days of the date of legal notice ofthis decision in the Casper Start-Tribune, published in Casper, Wyoming. Appeals can be emailed to:appeals-intermtn @fs.fed.us

The Notice of Appeal can be mailed to: Clinton Kyhl, Forest Supervisor, Bridger-Teton National Forest,P.O. Box 1888, Jackson WY 83001.

The office hours for those submitting hand-delivered appeals are 7:30 AM to 4:00 PM (Mountain Time),Monday through Friday, excluding holidays. It is the responsibility of the appellants to ensure that theirappeal is received in a timely manner. The 45-day time period is computed using calendar days,including Saturdays, Sundays, and federal holidays. When the time period runs out on a Saturday,Sunday, or federal holiday, the time is extended to the end of the next federal working day.

The day after the publication of the legal notice of the decision in the Casper Star-Tribune is the first dayof the appeal-filing period. The publication date of the legal notice of the decision in the newspaper ofrecord is the exclusive means for calculating the time to file an appeal. Appellants should not rely ondates or timeframe information provided in any other source. If you do not have access to the CasperStar-Tribune, please call the contact person listed below for the publication date.

Appeals must meet the content requirements of 36 CFR 215.14. At a minimum, an appeal must includethe following: appellant’s name and address, with a telephone number, if available; signature or otherverification of authorship upon request (a scanned signature for electronic mail may be filed with theappeal); when multiple names are listed on an appeal, identification of the lead appellant (215.2) andverification of the identity of the lead appellant upon request; the name of the project or activity for whichthe decision was made, the name and title of the Responsible Official, and the date of the decision; theregulation under which the appeal is being filed, when there is an option to appeal under either this part orpart 251, subpart C (215.11(d)); an specific change(s) in the decision that the appellant seeks and rationalefor those changes; any portion(s) of the decision with which the appellant disagrees, and explanation ofthe disagreement; why the appellant believes the Responsible Official’s decision failed to consider thesubmitted comments, and how the appellant believes the decision specifically violates law, regulation, orpolicy.

Implementation Date and Contact Personif no appeal is received, implementation of this decision may occur on, but not before, five (5) businessdays from the close of the appeal filing period, if an appeal is received, implantation may not occur forfifteen (15) days following the date of appeal disposition.

For additional information concerning this decision, contact Ray Spencer, Winter Sports Administrator,Jackson Ranger District, P.O. Box 1689, Jackson, WY 83001.

(p&2i3

Dale A. Deiter DateDistrict Ranger

•V -Decision Memo - Page 10 of 13

Page 11: USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane. Department of Service Jackson Ranger District P.O.

Figure 1. Proposed locations for Phase I Ropes Course and Phase II Zip-line and Drop Tower at JHMR.

-Decision Memo - Page 11 of 13

Page 12: USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane. Department of Service Jackson Ranger District P.O.

• • -, ••; • •

‘:

( •

Figure 2. Photo Depiction of Proposed Ropes Course — Phase I at JHMR.

-Decision Memo - Page 12 of 13

Page 13: USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane. Department of Service Jackson Ranger District P.O.

Figure 3. Proposed Drop Tower — Phase II at JHMR.

n

• •

U C.,”

z

I z0!

-Decision Memo - Page 13 of 13

Page 14: USDAa123.g.akamai.net/7/123/11558/abc123/forestservic...USDA United States Forest Bridger-Teton National Forest 25 Rosencrans Lane. Department of Service Jackson Ranger District P.O.

/

--‘---,

—:

••••••-•-“••/•,•

t4/

(•--••‘-_•••/•—•:_

•44•;•••-•_••\‘•—••••—••:-•--•

•,••••;••••-•

I