White River National Forest Decision Memo

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D E C ISI O N M E M O

T A I L O R L O D E PRI V A T E R O A D PE R M I T

USD A F O R EST SE R V I C E Dillon Ranger District of the White River National Forest

Summit County, Colorado NW1/4 Section 35 and NE1/4 Section 34, Township 6 South, Range 78 West, 6th P.M.

Summit County, Colorado. I . D E C ISI O N I have decided to grant a Federal Land Policy and Management Act (FLPMA) authorization for occupancy and use of an approximately 1,300 feet long driveway across 1)6 ODQGV WR DFFRPPRGDWH UHDVRQDEOH XVH DQG HQMR\PHQW RI WKHTailor Lode ((MS 19959) a private land inholding in the White River National Forest located in the NW1/4 Section 35 and NE1/4 Section 34, Township 6 South, Range 78 West, 6th P.M. Summit County, Colorado. (See Figure 1.) The proposed route makes use of the existing roads and minimal new road construction. This decision will be implemented through issuance of a special use authorization that meets the requirements of the decision and Forest Service regulations. Forest Service regulations require the applicant to: submit an operation and maintenance plan that complies with the decision requirements; pay any necessary fees; post any necessary bonds; and secure any state or federal permits or authorizations required by law. Issuance of an access authorization would provide seasonal (during snow-free period), vehicular access to the Parcel, and access via over-the-snow vehicle during the snow period (as practical, and dependent upon snow conditions) and/or by skis/snowshoes, thus enabling the owner to develop the Parcel as legally entitled. If the Proponent submits a request for year-round maintenance of the road to accommodate snow removal and winter wheeled vehicular use a separate NEPA analysis would be necessary before granting year-round vehicular use.

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Below is a description of the project and my rationale. SU M M E R A C C ESS Special Use Authorization for F DR 995 and Peak 6 Maintenance Road Access to the Parcel will vary depending on the time of year and whether or not snow is present. During snow-free periods, access to and from the Parcel will follow Forest DevelRSPHQW 5RDG )'5 IURP WKH *UHHQ *DWH DW WKH MXQFWLRQ RI 6NL +LOO 5RDG, through the special use permit areas for the Breckenridge Nordic Center (BNC) and Breckenridge Ski Resort (BSR), via the BSR Peak 6 maintenance road. Access will follow this road to the top terminal of the Zendo Chair. From there, access will follow the new road segment (see below) for approximately 1,300 feet to the Parcel. Total length of the snow-free access route is approximately 10,050 feet from the beginning of FDR 995 to the Parcel. Utilizing existing roads limits the amount of disturbance required for implementation of this project. Coordination between the Forest Service, BSR, and the Breckenridge Nordic Center has occurred throughout scoping and analysis, and will continue into implementation. The Proponent, in conjunction with BSR and BNC, will adhere to the conditions set out in a Road Use Agreement to be approved by the Forest Service for the joint use of the road. Road maintenance on the existing road that extends from the bottom terminal of Kensho SuperChair to the top terminal of Zendo Chair may occur as necessary for construction and ongoing access in accordance with the Road Use Agreement. In the event that a situation arises where additional road maintenance is contemplated, the Forest Service and the Proponent would discuss solutions that are within the scope and scale of this decision. Special Use Authorization for Construction of a New Road Segment The proposed new road segment will begin adjacent to the top terminal of the Zendo Chair and travel west for approximately 360 feet within the existing cleared area of the Delirium ski trail immediately southwest of the Zendo Chair top terminal. It will then travel south approximately 940 feet to the Parcel. The new road would consist of a compacted dirt platform approximately 10 feet wide. The 940-foot section will require approximately 30 feet of clearing (10 feet on each side of the road) to accommodate a 2-to-1 cut and fill slope. Total footprint and potential disturbance from the proposed road on NFS lands would be approximately 1 acre. Winter plowing or maintained snow-road access is not approved. On private land, total footprint of the proposed road will be approximately 0.04 acre. Total footprint of the building envelope will be approximately 0.9 acre. The selected alignment of the new road segment allows for a design grade of 8 percent, which will help alleviate erosion concerns. Additionally, the alignment limits the amount of disturbance required for construction and utilizes existing access roads to the extent practicable. W IN T E R A C C ESS During the winter, access to and from the Parcel will occur via motorized over-the-snow YHKLFOHVZKHQ%65VOLIWVDUHQRWRSHUDting for the general public, or non-motorized methods during hours of lift operations for the general public, from Peak 7/8, following the

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Claimjumper, Monte Cristo, Lost Horizon and Delirium ski trails to the top terminal of the Zendo Chairlift. It would then follow the route of the proposed road segment to the Parcel. The length of the winter access route is approximately 7,120 feet from the base of Peak 7. The use of over-the-VQRZYHKLFOHVZKHQ%65VOLIWVDUHQRWRSHUDWLQJIRUWKHJHQHUDOSXEOLFeliminates the need to keep the summer access road clear of snow. Allowing only non-PRWRUL]HG DFFHVV GXULQJ %65V RSHUDWLRQDO KRXUV ZLOO SUHYHQW SRWHQWLDO XVHU FRQIOLFWVbetween BSR guests/operations staff and those accessing the Parcel. Access through the BNC LV SURKLELWHG ZKHQ %1&V WUDLOV DUH RSHUDWLQJ IRU WKH JHQHUDOpublic. Management Requirements & Best Management Practices To eliminate or minimize potential resource impacts (e.g., recreation, soils, cultural sites, vegetation, watershed condition, wildlife, or visual resources), this decision incorporates pertinent Management Requirements and BMPs. On-site monitoring will be provided by the Forest Service throughout the construction phase however, the Proponent is responsible for monitoring construction activities and compliance with this authorization. All facility maintenance, during the construction phase, will be the responsibility of the Proponent and will meet Forest Service management direction in accordance with the Management Requirements and BMPs. The following Management Requirements and BMPs are intended to reduce and/or avoid potential impacts associated with approved projects. They are required as part of this decision. Failure to comply with the stated Management Requirements and BMPs, during the construction phase, will constitute a breach of the terms of the special use authorization and could delay or suspend implementation of this approval.

Management Requirements and Best Management Practices Included in this Decision Cultural If any archaeological sites, or historic properties or areas are discovered during implementation, appropriate action will be taken in consultation with SHPO. Vegetation All disturbed ground will be revegetated with desirable plant species. Utilize seed mixes approved by the Forest Botanist and certified to be free of weed species. Seed mixes that incorporate native plant species similar to those within the project area are desirable. Any mulch used in revegetation efforts must be certified to be free of weed species. Pretreatment of existing infestations with approved herbicides within the project area would be conducted prior to project implementation. Herbicide choices and application rates for treatment are available from the District/Forest Weed Program Manager. Ensure that prior to moving on to National Forest Lands, all off-road equipment is free of soil, seeds, YHJHWDWLYHPDWWHURURWKHUGHEULVWKDWFRXOGFRQWDLQRUKROGQR[LRXVZHHGVHHGV2II-URDGHTXLSPHQWincludes all construction machinery or off highway vehicles, except for trucks, service vehicles, water trucks, pickup trucks, cars, and similar vehicles. The project administrator will inspect the equipment prior to entrance onto the Forest to see that it is free of debris. Monitor project area for 3 years after completion for presence of invasive plants and successful establishment of desirable vegetation. Re-treat invasive plants as needed.

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Management Requirements and Best Management Practices Included in this Decision Tree clearing limits will be marked to ensure appropriate tree removal during construction. Revegetate disturbed areas to attain vegetation cover densities that would control erosion and prevent sedimentation consistent with Forest Plan standards. If any occurrences of R2 Sensitive or Species of Local Concern (SOLC) plants are encountered within the project footprint prior to or during project implementation, a Forest Service Botanist or Botany Representative will be notified to prepare mitigation measures to avoid or minimize impacts as appropriate. Wildlife To reduce the risk for human/wildlife conflicts in areas where food or trash could be present, all trash containers should be bear proof and any locations that have food products stored outside of a building should have bear proof food containers During construction of the facility, contractors are required by Summit County code to provide a bear proof container on site for all edible and food related trash in order to minimize conflicts with black bears. No food products or food containers can be thrown in the larger roll-off type dumpsters. All construction activities should be confined to daylight hours, excluding emergencies. Construction workers should not be allowed to bring dogs on site during construction. No food/drink should be kept/stored in construction worker vehicles. All windows should be kept closed and doors locked on all vehicles to prevent bear entry. Prevent sediment sources (connected disturbed areas [CDA]) on disturbance areas from reaching off-site streams to prevent impact to aquatic species and habitat. To minimize potential incidental take of active nests containing eggs or altricial young, surveys for migratory birds and Forest Service Threatened, Endangered, and Sensitive species shall be conducted by qualified biologists prior to the construction season if construction activities are proposed to start prior to July 31, or as otherwise approved by the Forest Service Responsible Official. Conduct goshawk nest surveys (in June to mid-July, 2015, before any proposed ground disturbance) in larger forest stands containing proposed disturbance areDVWKDWDUHODUJHHQRXJKDFDQGstructurally suitable to support a potential goshawk nest site, or as otherwise approved by the Forest Service Responsible Official. If olive-sided flycatcher nests are located within project areas, direct mortality of eggs and/or nestlings shall be avoided by conducting tree removal in nesting habitat outside of the June 1 to July 15 nesting period, or as otherwise approved by the Forest Service Responsible Official. Surveys for active raptor nests and avian cavity nesting activity shall be conducted by qualified biologists in potential nesting habitat prior to the construction season. To allow for successful nesting and young rearing, no project ground disturbing activities shall be allowed within mile of active raptor nests until after July 31, or as otherwise approved by the Forest Service Responsible Official. To protect breeding adults and young raptors in avian cavity nests, a no-activity buffer of 1 acre around detected cavity trees shall be implemented until July 31, or as otherwise approved by the Forest Service Responsible Official.

I I . B A C K G R O UND The land owner of the Tailor Lode (MS 19959) is requesting access to the property via the *UHHQ*DWHRIIRI$PHULFDQ:D\LQ WKH3HDNQHLJKERUKRRG WKURugh the Breckenridge Nordic Center and Breckenridge Ski Resort Special Use Permit boundaries. The property is situated in the NW1/4 Section 35 and NE1/4 Section 34, T. 6 S., R. 78 W., 6th P.M. Summit County, Colorado. (See Figure 1.) The private land inKROGLQJNQRZQDVWKH7DLORU/RGH

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(the Parcel) is approximately 10 acres in size and is entirely surrounded by National Forest System (NFS) lands managed by the White River National Forest (WRNF). 7KH3DUFHO LV ]RQHGDV %DFNFRXQWU\E\6XPPLW&RXQW\ government, which allows for a maximum of one dwelling unit per 20 acres. The dwelling size on the Parcel would be limited to 1,200 square feet plus an accessory structure, per county regulations, unless augmented through the appropriate county process at which time it could be increased to a maximum of 2,400 square feet of living space plus an accessory structure, per county regulations. As indicated in the 2002 WRNF Land and Resource Management Plan (Forest Plan), NFS lands surrounding the Parcel are within Management Area (MA) 8.25 Ski Area. Per MA 8.25, these areas are managed for intensively managed outdoor activities during all seasons of the year and include areas with potential for future development. MA 8.25 allows for new roads and trails that aUH GHVLJQHG WR PLQLPL]H YLVXDO DQG UHVRXUFH LPSDFWV 7KH\ DUHFRQVWUXFWHGDQGPDLQWDLQHGZLWKJRRGDOLJQPHQWVDQGJUDGHVWKDWPLQLPL]HHURVLRQ III. PURPOSE AND NEED The proposed action is to grant the appropriate Federal Land Policy and Management Act (FLPMA) authorization(s) for occupancy and use of existing Forest Development Roads and construction of a new driveway across NFS lands to access the Tailor Lode. Access to private inholdings across federal lands is addressed in the Alaska National Interest Lands Conservation Act (ANILCA) of 1980. ANILCA is not limited to the State of Alaska but has nationwide application to NFS lands. The owner of the Parcel (the Proponent) plans to exercise a legal right to build a single dwelling on the Parcel. 3HU$1,/&$WKH:51)LVREOLJDWHGWRSURYLGHVXFKDFFHVV WRnon-IHGHUDOO\RZQHG ODQGZLWKLQ WKHERXQGDULHVRI WKH1DWLRQDO)RUHVW6\VWHPWR VHFXUHWKH RZQHU UHDVRQDEOH XVH DQG HQMR\PHQW WKHUHRI 86& 7LWOH , Therefore, the purpose and QHHG RI WKLV SURSRVDO LV URRWHG LQ WKH )RUHVW 6HUYLFHV OHJDOobligations under ANILCA. I V . R E ASO NS F O R C A T E G O RI C A L E X C L USI O N I have concluded that this action can be categorically excluded from documentation in an environmental impact statement or environmental assessment as it is a routine activity within an approved category of exclusion under 36 CFR 220.6(e)(3): "Approval, modification, or continuation of minor special uses of National Forest System lands that require less than five contiguous acres of land, (e) Approving the installation of a GULYHZD\ PDLOER[ RU RWKHU IDFLOLWLHV LQFLGHQWDO WR XVH RI D UHVLGHQFH There are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative effect on the quality of the human environment. The following resource conditions were considered as part of this analysis:

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Findings for each of the 7 extraordinary circumstances 36 CFR 220.6(b):

x (i) Threatened and endangered species or their critical habitat ; The Endangered Species Act (ESA) requires that federal activities do not jeopardize the continued existence of any species federally listed or proposed as threatened RUHQGDQJHUHGRUUHVXOWLQDGYHUVHPRGLILFDWLRQWRVXFKVSHFLHVGHVLJQDWHGcritical habitat. As required by this Act, potential effects of this decision on federally-listed or proposed species or their critical habitats have been analyzed and documented in a Biological Assessment (BA), which can be found in the project file.

Because the water diversions and depletions associated with the Proposed Action would potentially result in additional effects on the four big river fish and their habitats, above those previously authorized through Section 7 consultations, the 3URSRVHG$FWLRQZDUUDQWVDPD\DIIHFWOLNHO\WRDGYHUVHO\DIIHFWGHWHUPLQDWLRQIRUWKHIRXUELJULYHUILVK%HFDXVHWKH3URSRVHG$FWLRQVWRWDOGHSOHWLRQVXQGHUsection 7 would not exceed 100 AF/year, the Proponent would not be required to PDNHDFRQWULEXWLRQWRIXQGWKH86):6VRQJRing Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River; however, a Recovery Agreement is required. Prior to granting the FLPMA road authorization, the Proponent shall enter into a Recovery Agreement with the USFWS in order to comply with the USFWS opinion.

The relatively small and benign additive direct and indirect effects of the Proposed Action on lynx foraging, sheltering, breeding, and dispersal would FROOHFWLYHO\PHHWWKHGHILQLWLRQVRILQVLJQLILFDQWDQGGLVFRXQWDEOH86):6DQG10)67KHUHIRUHWKH3URSRVHG$FWLRQZDUUDQWVDPD\DIIHFWQRWOLNHO\WRDGYHUVHO\DIIHFWGHWHUPLQDWLRQIRU&DQDGDO\Q[

The habitat of other protected species was found to be outside of the study area for this project. The U.S. Fish and Wildlife Service (USFWS) concurred with these determinations during informal consultation. Because the extent of the impacts is insignificant, no extraordinary circumstances were identified.

Additionally, four protected plant species were carried forward for detailed analysis. A determination of No Impact was found for sensitive moonwortsBotrychium ascendens, B. lineare, B. paradoxum, and lesser bladderwortU tricularia minor. No habitat for Federally-listed plant species exists within the project areas; thus, there would be No E ffect on these species.

x (ii) F lood plains, wetlands, or municipal watersheds; Executive Order 11988 provides for avoidance of adverse impacts associated with the occupancy and PRGLILFDWLRQRIIORRGSODLQV)ORRGSODLQVDUHGHILQHGE\WKLVRUGHUDVWKHlowland and relatively flat areas adjoining inland and coastal waters are including flood prone areas of offshore islands, including at a minimum, that area subject to

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a one percent (100-year recurrence) or greater chance of flooding in any one \HDU7KHSURMHFWLVQRWORFDWHGZLWKLQD-year floodplain.

Executive Order 11990 provides for avoidance of adverse impacts associated with destruction or moGLILFDWLRQRIZHWODQGV:HWODQGVDUHGHILQHGE\WKLVRUGHUDV. areas inundated by surface or ground water with a frequency sufficient to support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river RYHUIORZVPXGIODWVDQGQDWXUDOSRQGV7ZRVPDOOGHSUessional wetlands totaling 0.06 acre were observed in the project area. However, no direct impacts to wetlands would result from this project. Indirect impacts resulting from erosion of the proposed road and/or building site could cause sedimentation in downstream wetlands. Due to the location of these wetlands, potential impacts are remote.

The project is located within the Cucumber Creek watershed. Standard erosion and sediment control measures will minimize impacts to the watershed and not affect municipal water sources.

x (iii) Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas; No Wildernesses, Wilderness Study Areas, National Recreation Areas, or Wild and Scenic Rivers will be affected by this action because the action is outside of these areas and will have no impacts to these areas; see map/documentation in project file.

x (iv) Inventoried roadless areas and Research Natural Areas; The proposed

road does not occur in any inventoried roadless areas or Research Natural Areas, and thus would have no effect on these types of areas.

x (v) Research natural areas; The proposed road does not occur in Research

Natural Areas, and thus would have no effect on these types of areas. x (vi) American Indians and Alaska Native religious or cultural sites; There are

no known Native American religious or cultural sites, archeological sites, or historic properties or areas. And,

x (vii) Archaeological sites, or historic properties or areas. A thorough review of

previous resource inventories of archaeological sites and historic properties or areas was completed. Upon completion of this review, the proposed projects were determined to have no effect on historic properties. If any cultural resource sites are discovered during implementation, appropriate action will be taken in consultation with SHPO.

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V . PUB L I C IN V O L V E M E N T This project was first listed in the Schedule of Proposed Actions in September 2014. The 2SSRUWXQLW\WR&RPPHQWZDV published in the Glenwood Springs Post Independent in November 26, 2014. A scoping letter describing the proposal was released for comment on November 13, 2014 to interested or affected individuals and agencies. Five comment letters were received. Issues raised included comments regarding: x Minimizing disturbance associated with the project; x Utilizing existing on-mountain infrastructure as much as possible; and x Ensuring the adherence to Summit County requirements regarding backcountry

plowing.

In reaching my decision, I considered public comments, as well as input from Forest Service resource specialists who analyzed the proposal. Forest Service Handbook 1909.15, Chapter 30.4 lists the seven resource conditions that should be considered in determining whether "extraordinary circumstances" related to a proposed action warrant further analysis in an EA or EIS. One of the categories is Federally listed Threatened or Endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. Consistent with law, regulation and policy, these species were included in the wildlife BA report, which is contained in the project file. Alternate access to the Parcel was considered in detail throughout the analysis, including various alignments of the new road segment. The selected alternative utilizes existing access roads to the greatest extent possible and attempts to balance the amount of disturbance required with erosion concerns associated with the new road segment. The alignment follows a design grade of approximately 8 percent in order to prevent erosion and to allow for sufficient access to the Parcel. The Proponent will be required to adhere to Summit County zoning regulations and obtain a building permit before proceeding. Additionally, development of the Parcel is subject to administrative site plan review by the Summit County Planning Department, including referrals and property posting. V I . F INDIN GS R E Q UIR E D B Y O T H E R L A WS My decision will comply will all applicable laws and regulations. I have summarized pertinent ones below. Federal Land Policy and Management Act the regulations at 36 CFR 251 guide the issuance of permits under this Act. Permits are granted across National Forest System Lands when the need for such is consistent with planned uses and Forest Service policy and regulations. This decision is consistent with the Act.

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Forest Plan Consistency (National Forest Management Act) This decision is consistent with the White River National Forest Resource Management Plan 2002 Revision (Forest Plan) as required by the National Forest Management Act. The project is in conformance with forest-wide standards and guidelines and Management Area Direction, including that contained under the 8.25 Ski Area are managed for intensively managed outdoor activities during all seasons of the year and includes areas with potential for future development.. (See Chapter II of the White River Land and Resource Management Plan, 2002 Revision). This decision is intended to respond to the following Forest Plan Goals and Objectives: Goal 2 Multiple Benefits to People. Provide a variety of uses, products, and services for present and future generations by managing within the capability of sustainable ecosystems.

Objective 2c - Improve the capability of national forests and rangelands to sustain desired uses, values, products, and services. Strategy 2c.11 - Over the life of the plan, approve special-use proposals that are consistent with desired conditions, standards, and guidelines.

Endangered Species Act 6HH )LQGLQJV RI 1R ([WUDRUGLQDU\ &LUFXPVWDQFHV VHFWLRQabove. The project complies with ESA Section 7 consultation requirements. Clean Water Act - This Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through the use of Watershed Conservation Practices. This decision incorporates Watershed Conservation Practices to ensure protection of soil and water resources. Wetlands (Executive Order 11990) - See )LQGLQJVRI1R([WUDRUGLQDU\&LUFXPVWDQFHVsection above. Floodplains (Executive Order 11988) - 6HH )LQGLQJV RI 1R ([WUDRUGLQDU\&LUFXPVWDQFHVVHFWLRQDERYH Federal Cave Resources Protection Act - This Act is to secure, protect, preserve, and maintain significant caves, to the extent practical. There are no known caves in the project area. This decision will have no impacts to cave resources. Native American Graves Protection and Repatriation Act 6HH )LQGLQJV RI 1R([WUDRUGLQDU\ &LUFXPVWDQFHV section above. This act requires that if inadvertent discovery of Native America Remains or Objects occurs, activity must cease in the area of discovery, a reasonable effort made to protect the item(s) discovered, and immediate notice made to the Authorized Officer, as well as the appropriate Native American group(s).

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National Historic Preservation Act 6HH)LQGLQJVRI1R([WUDRUGLQDU\&LUFXPVWDQFHVsection above. This act requires that if newly discovered cultural resources are identified during project implementation, work in that area must stop and the agency Authorized Officer notified immediately (36 CFR 800.13).

Archaeological Resources Protection Act 6HH )LQGLQJV RI 1R ([WUDRUGLQDU\&LUFXPVWDQFHVVHFWLRQDERYH Wild and Scenic Rivers Act 6HH)LQGLQJVRI1R([WUDRUGLQDU\&LUFXPVWDQFHVVHFWLRQabove. There are no designated Wild and Scenic Rivers in the project area. This decision will have no impacts to Wild and Scenic Rivers. Environmental Justice (Executive Order 12898) - This Order requires consideration of whether projects would disproportionately impact minority or low-income populations. This decision complies with this Act. Public involvement occurred for this project, the results of which I have considered in this decision-making. Public involvement did not identify any adversely impacted local minority or low-income populations. This decision is not expected to adversely impact minority or low-income populations. National Environmental Policy Act - This Act requires public involvement and consideration of potential environmental effects. The entirety of documentation for this decision supports compliance with this Act. V I I . A D M INIST R A T I V E R E V I E W O R APPE A L OPPO R T UNI T I T I ES The approved activities within this decision are not subject to appeal in accordance with the Consolidated Appropriations Act of 2014, Pub. L. No. 113-76, 128 Stat. 5 (2014). Section 431 of the Act directs that the 1993 and 2012 legislation establishing the 36 CFR 215 (post-GHFLVLRQDODSSHDOVVKDOOQRWapply to any project or activity implementing DODQGDQGUHVRXUFHPDQDJHPHQWSODQWKDWLVFDWHJRULFDOO\H[FOXGHGXQGHUWKH1DWLRQDO(QYLURQPHQWDO3ROLF\$FW1(3$

This decision may be appealed under 36 CFR 251.80 Subpart C for those who those who hold or, in certain instances, those who apply for written authorizations to occupy and use National Forest System lands relevant to this decision.

V I I I . I MPL E M E N T A T I O N D A T E This project will be implemented following ESA concurrence from USFWS, and in accordance with previously identified Management Requirements and BMPs.

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Figure 1. TAILOR LODE ACCESS ROUTE