Suss ATV Access Special Use Authorizationa123.g.akamai.net/7/123/11558/abc123/forestservic.download.akamai.com/... · Decision Memo – Suss ATV Access Special Use Authorization Page

United States Department of Agriculture Forest Service December 2010

For Information Contact: Dave Bosch Special Use Administrator

Green Mountain National Forest 231 N. Main St.

Rutland, VT 05701 (802) 747-6746

FAX (802) 747-6766 E-mail: [email protected]

Responsible Official: Alex Sienkiewicz

District Ranger Green Mountain National Forest

2538 Depot Street Manchester Center, VT 05255

(802) 362-2307 ext. 212 FAX (802) 362-1251

E-mail: [email protected]

This document can be made available in large print. Contact Carol Knight (802)362-2307 ext. 227

Suss ATV Access Special Use Authorization Decision Memo USDA Forest Service, Eastern Region Green Mountain National Forest Manchester Ranger District Town of Woodford Bennington County, Vermont

Decision Memo – Suss ATV Access Special Use Authorization Page 2 of 12

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Suss ATV Access Special Use Authorization USDA Forest Service, Eastern Region, Green Mountain National Forest

Manchester Ranger District Town of Woodford, Bennington County, Vermont

I. SUMMARY

As District Ranger for the Green Mountain National Forest (GMNF), I am authorizing the issuance of a special use authorization (SUA) to Charles Suss for winter access across National Forest System (NFS) lands. The SUA will be issued to allow the Susses to utilize a tracked snow machine for access to their private land to accommodate a specific health reason, and to do so safely. The SUA will be issued for a 1 year term and may incorporate such new terms, conditions, and stipulations as existing or prospective conditions may warrant. Maintenance necessitated by that use is both required and authorized. The project is located on NFS land in the Town of Woodford, Bennington County, Vermont on the Manchester Ranger District of the GMNF (see attached map).

II. DECISION TO BE IMPLEMENTED

A. Background and Project Area

1. The Susses applied for a special use authorization for use of a winter All Terrain Vehicle (ATV) for the purpose of traveling from their residence on private land on Forest Road (FR) 75, the Dunville Hollow Road, to a non-system connector road to FR 273, Prospect Mountain Road, and then north to State Route 9. The tracked ATV is more reliable than a conventional snowmobile in that it is much less likely to get stuck, and it also has a heated, enclosed cab. Because the Susses are dealing with health issues, the SUA will allow them better and safer access to their residence. The project area is located in the Diverse Forest Use Management Area (MA 3.1). In addition, a portion of the project area crosses the Eligible Wild, Scenic, and Recreational Rivers MA (9.4) for City Stream, an eligible Recreational River. B. Purpose and Need The purpose of this action is to process the special use application submitted by the Sussess requesting access to their property. The need for the project is to allow NFS lands to be used for access to the private land to accommodate a specific health need, and for related safety reasons. A new SUA would authorize use and the resulting maintenance by the Susses for a term of 1 year. This decision is intended to contribute to accomplishment of the 2006 GMNF Land and Resource Management Plan (Forest Plan) Goal 14 of providing for a safe, efficient, and effective Forest transportation system that meets both the needs of the Forest Service and the public (Forest Plan, p. 16). C. Alternative Actions Considered but Dismissed Alternative considered for accessing the Suss property included:


FR 75, Dunville Hollow Road, to State Route 9 access was eliminated as an acceptable access route due to FR 273’s status as a designated snowmobile trail that is maintained as such for all snowmobile use. Additionally, the Susses have an arrangement to park vehicles on private land off State Route 9 that is not currently available to them on the Town Highway at the end of FR 75. This agreement has been used to facilitate the Susses’ winter access over FR 273, which initially involved the use of conventional snowmobiles.

Use of a conventional snowmobile was eliminated as acceptable type of transportation as stated above.

D. Description of Decision My decision is to grant Charles Suss a winter ATV special use authorization to utilize FR 75, Dunville Hollow Road, a non-system connector road, and FR 273, Prospect Mountain Road, north to State Route 9 for a term of 1 year. Use under the Suss SUA will be limited to winter conditions as FR 75 provides alternative access in non-winter seasons. The total National Forest System SUA distance is 2.5 miles with a Right-of-way width of 15 feet for a total area of 4.6 acres Maintenance necessitated by the SUA may include, but is not limited to surface maintenance and restoration, especially in the spring when snow levels still require use of the ATV but increasing patches of the road will be bare of snow and soft. This may require raking or blading with equipment, depending on circumstances. The Forest Service retains the authority to approve design and construction of stream crossing structures and maintenance activities. Use of the access travelways shall comply with the 2006 GMNF Forest Plan, including Standards and Guidelines and management direction. The removal of vegetation and hazard trees is permitted along the access routes. Prior notification and approval from the Forest Service will be required before any vegetation clearing is performed along the access routes. This decision is based upon an environmental analysis conducted by Forest Service personnel. This information is located in the project file at the GMNF Manchester Ranger District Office in Manchester, Vermont.

III. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION Decisions may be categorically excluded from documentation in an environmental impact statement or an environmental assessment when they are within one of the categories found at 36 CFR 220.6(e), and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative environmental effect.

A. Category of Exclusion

Based upon the environmental analysis contained in the project file and on experience with similar activities on the GMNF, I have concluded that this decision can be appropriately categorically excluded from documentation in an environmental impact statement or environmental assessment. I have determined that the selected action is a routine activity within the following category of exclusion found at 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”.


B. Relationship to Extraordinary Circumstances The list of seven extraordinary circumstances that were examined for this analysis may be found at 36 CFR 220.6(b). The mere presence of one or more of these resource conditions does not preclude use of a categorical exclusion. It is the degree of the potential effects of a proposed action on these resource conditions that determines whether extraordinary circumstances exist. I have concluded that 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. My conclusion is based on information presented in this document and the entirety of the record. A summary of the project’s potential effects on each resource condition is as follows:

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 Endangered Species Act requires that federal activities not jeopardize the continued existence of any species federally listed or proposed as threatened or endangered, or result in adverse modification to such species’ designated critical habitat. In accordance with Section 7(c) of this Act, a report of the listed and proposed, threatened, or endangered species that may be present in the project area was reviewed. Wildlife A Biological Evaluation was prepared on 11/24/2010 to assess the likelihood of occurrence, habitat needs, and determination of findings regarding Threatened, Endangered, and Sensitive (TES) wildlife species in the project area (Sease November 2010). Based on the analysis in the BE, the likelihood for occurrence of any threatened and endangered (T&E) species in the project area is low. The likelihood for occurrence of any federally-listed threatened and endangered (T&E) species along the ATV winter access Right of Way (ROW) is low. The GMNF has only historic occurrence records for three T&E species: gray wolf, eastern cougar, and Canada lynx. These species are not known to occur on the GMNF, and their presence along the ROW at any time in the near future is unlikely. Although Indiana bats do occur on and near the GMNF, the likelihood of any impact from this access activity is also low, due to the general location of the access route, its elevation of 1,900 feet or higher, its distance from the nearest known Indiana bat hibernaculum, and the fact that the ATV access is in effect only during winter when Indiana bats are hibernating and not active. The ROW does not include any known potential or critical habitat for any T&E species. No impacts to T&E species or habitats would be anticipated by authorizing this ATV winter access. Therefore, the authorized actions would have No Effect on T&E species. The proposed ATV winter access ROW has not been surveyed for animal Regional Forester Sensitive Species (RFSS), however it is unlikely to result in any impact to any of these species. The proposed access uses existing forest roads and will not result in any changes in habitat conditions along the road. The ATV access is in effect only during winter when most RFSS are not present or active. Bald eagles or peregrine falcons could pass through the area during winter, but they would be transients and unaffected by limited winter use of this ATV winter access ROW. For these reasons, the Suss ATV Winter Access would have “No Impact” on any RFSS animal species or their preferred habitats.


No mitigation on behalf of TES animal species is recommended at this time. Given the lack of impact to terrestrial habitats associated with these SUAs, emerging issues associated with bats and White Nose Syndrome are not affected or aggravated by authorization of this access. Plants A Biological Evaluation was prepared in November 2010 to assess the likelihood of occurrence, habitat needs, and determination of findings regarding TES plant species in the project area (Deller 11/22/10). There are no federally listed plant species on the GMNF. Based on the analysis in the BE, issuance of the SUA is expected to have no adverse effect on species or critical habitat. In addition, there are no known Regional Forester Sensitive Species (RFSS) at this site. This SUA would have "no impact" on any of the plant RFSS or their preferred habitats. Issuance of the SUA is not likely to lead to loss of viability or trend toward federal listing for any rare plants on the RFSS list (Deller 11/22/10).

2. Floodplains, Wetlands, or Municipal Watersheds - No significant impacts to floodplains, wetlands or municipal watersheds are expected to result from this project (McKinley and Burt 10/21/10).

3. Congressionally Designated Areas - Although the GMNF does not have any Congressionally designated Wild and Scenic Rivers, there are many river segments that are eligible to be further considered for addition to the National Wild and Scenic River System. These river segments and their associated corridors are within the Eligible Wild, Scenic, and Recreational Rivers Management Area (MA 9.4). This decision includes activity partially within the Eligible City Stream Recreational River corridor. The activity within this area is consistent with direction for management of the Eligible Recreational River and will not detract from potential classification as a Recreational River. The activity within this area is consistent with direction for management of the Eligible Wild, Scenic, and Recreational Rivers MA (Forest Plan pp. 105-109). This decision will not result in significant impacts on the Eligible City Stream Recreational River corridor (concurrence from Forest Recreation Planner 10/21/10). The project area is not within any congressionally designated Wilderness, Wilderness Study Areas, or National Recreation Areas. As a result, there will be no adverse effect on Congressionally Designated Areas and no effects from this project related to the Appalachian Trail (concurrence from Forest Recreation Planner 10/21/10).

4. Inventoried Roadless Areas - This property is not within any Inventoried Roadless Areas. Therefore, there will be no impacts to Inventoried Roadless Areas (concurrence from Forest Recreation Planner 10/21/10.

5. Existing and Candidate Research Natural Areas -


This project is not located within or near an Existing or Candidate Research Natural Area (concurrence from Forest Ecologist 10/21/10).

6. American Indian and Alaska Native Religious or Cultural Sites –

See Item 7 below. 7. Archaeological sites, or historic properties or areas –

A ‘no properties affected’ determination was made for properties within the project area (concurrence from Forest Archaeologist 10/21/10).

8. Other Resources

In addition to resource conditions that could lead to extraordinary circumstances, I also have considered the direct, indirect, and cumulative effects to other resources such as soil and water, fisheries, visuals, recreation, and non-native invasive species. The project will not result in significant impacts to these resources, particularly because all applicable Forest Plan Standards and Guidelines will be implemented.

IV. PUBLIC INVOLVEMENT External public involvement included listing this project in the Green Mountain National Forest Schedule of Proposed Actions (SOPA) since the 4th quarter of 2010 (July, 2010). This project will remain in the SOPA until authorized. In addition, contact has been ongoing between the Susses and GMNF staff. No issues have been raised during internal or external public scoping.

V. FINDINGS REQUIRED BY AND/OR RELATED TO OTHER LAWS AND REGULATIONS My decision will comply with all applicable laws and regulations. I have summarized some pertinent ones below. 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. Forest Plan Consistency (National Forest Management Act) - The National Forest Management Act (NFMA) requires the development of long-range land and resource management plans, and that all site-specific project activities be consistent with direction in the plans. The GMNF Land and Resource Management Plan (Forest Plan) was completed and approved in 2006 as required by NFMA. The Forest Plan provides direction for all management activities on the GMNF. The Suss ATV Access SUA Project implements the Forest Plan. As required by NFMA Section 1604(i), I find this project to be consistent with the Forest Plan including goals, objectives, desired future conditions, and Forest-wide and MA Standards and Guidelines. The GMNF has previously granted the Susses temporary non-winter ATV permits for access to their private land. The Forest Plan has been reviewed in consideration of this project. I


have determined that this decision is consistent with all relevant Forest Plan goals, objectives, and Forest-wide and Management Area standards and guidelines.

Management Area: Diverse Forest Use (3.1) The project area is located within the Diverse Forest Use MA (3.1). The Diverse Forest Use MA has an emphasis on providing a variety of forest uses, including a full range of recreation opportunities such as motorized and non-motorized trails. There are no specific management area standards or guidelines for non-recreation special uses. This use is consistent with management area direction (GMNF Forest Plan, pp. 47-48).

Management Area: Eligible Wild, Scenic, and Recreational Rivers MA (9.4) The Eligible Wild, Scenic, and Recreational Rivers MA (9.4) has an emphasis on protecting and enhancing the “outstandingly remarkable values” (ORVs) that led the rivers and streams within the management area to be determined as eligible Wild, Scenic, and Recreational Rivers for the National Wild and Scenic River System. Management under this MA retains a river’s eligibility for the stated potential classification (GMNF Forest Plan, pp. 105-109). River corridors contained within this MA are one-quarter mile on each side of the stream. A portion of the project area includes NFS lands located in the Eligible Wild, Scenic, and Recreational Rivers MA, due to the proximity of City Stream, an Eligible Recreational River. The City Stream has special values associated with recreational ORVs (GMNF Forest Plan, Table 3.1-7 p. 107). There are no specific management area standards or guidelines for non-recreation special uses. This use is consistent with management area direction (concurrence from Forest Recreation Planner 10/21/10). The actions authorized in this decision are consistent with the 2006 Forest Plan and the use associated with the issuance of the SUA is consistent with Forest-wide and MA standards and guidelines. Under the Forest-wide Non-Recreation Special Uses standards and guidelines, this use is consistent with management direction, specifically Standard 2 that states, “Special use permits shall be administered consistent with management area direction” and Guideline 2 stating, “New special use permits for transportation, utility and communication corridors should be collocated with existing corridors to reduce the proliferation of separate rights-of-way” (Forest Plan, p. 44). Forest-wide Guideline 1 states “Special use authorizations should be issued only when there are no reasonable private land alternatives, or when the use has a clear and significant public benefit” (Forest Plan, p. 44). FR 75 is not used by the Susses in winter because they have routinely used conventional snowmobiles and FR 273 is designated and maintained as a snowmobile trail. They have developed and maintained a relationship with residents near the junction of State Route 9 and FR273 where they park their vehicles and transfer from one mode to the other.

National Trails System Act - The purpose of the National Trails System Act includes the designation of the Appalachian Trail to help institute a national system of trails for the ever-increasing outdoor recreation needs of an expanding population. It also promotes the preservation of, public access to, travel within, and enjoyment and appreciation of outdoor areas and historic resources of the Nation. See Section III, Item B. 3 of this document.


Federal Land Policy and Management Act -This Act allows the granting of permits, leases, and easements across National Forest System Lands. The regulations at 36 CFR 251 guide the issuance of permits, leases, and easements under this Act. Permits, leases, and easements 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 this Act. Endangered Species Act - The Endangered Species Act requires that federal activities do not jeopardize the continued existence of any species federally listed or proposed as threatened or endangered, or result in adverse modification to such species’ designated critical habitat. In accordance with Section 7(c) of this Act, a report of the listed and proposed, threatened, or endangered species that may be present in the project area was reviewed. See Section III, Item B.1 of this document. Clean Water Act - The intent of the Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through the use of Acceptable Management Practices. This decision incorporates Acceptable Management Practices where applicable to ensure protection of soil and water resources. Wetlands (Executive Order 11990) - Executive Order 11990 directs the agency to avoid adverse impacts associated with destruction or modification of wetlands. See Section III, Item B.2 of this document. Floodplains (Executive Order 11988) - Executive Order 11988 directs the agency to avoid adverse impacts associated with the occupancy and modification of floodplains. See Section III, Item B.2 of this document. National Historic Preservation Act - Section 106 of the National Historic Preservation Act requires federal agencies to take into account the effect of a project on any district, site, building, structure, or object that is included in, or eligible for inclusion in the National Register. It also requires federal agencies to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. See Section III, Item B.7 of this document. Archaeological Resources Protection Act - The Archaeological Resources Protection Act covers the discovery and protection of historic properties (prehistoric and historic) that are excavated or discovered in federal lands. It affords lawful protection of archaeological resources and sites that are on public and Indian lands. See Section III, Item B.7 of this document. Native American Graves Protection and Repatriation Act - The Native American Graves Protection and Repatriation Act covers the discovery and protection of Native American human remains and objects that are excavated or discovered in federal lands. It encourages avoidance of archaeological sites that contain burials or portions of sites that contain graves through “in situ” preservation, but may encompass other actions to preserve these remains and items. See Section III, Item B.6 of this document. Wild and Scenic Rivers Act - See Section III, Item B3 of this document. Federal Noxious Weed Act of 1974 and Executive Order 11312 (Non-Native Invasive Species) - The Federal Noxious Weed Act requires cooperation with State, local, and other


federal agencies in the management and control of non-native invasive species (NNIS); Executive Order (EO) 11312 requires all pertinent federal agencies (subject to budgetary appropriations) to prevent the introduction of NNIS. No NNIS are known from the project area as confirmed during a field review on September 10, 2008 (Torres 9/2008). To prevent the introduction of NNIS, logging equipment should be cleaned prior to site access. This project’s decision meets the intent of this law and EO by incorporating all pertinent Forest Plan Standards and Guidelines to ensure the management and control of NNIS. 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 order. 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.

VI. ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNITIES This decision is not subject to an administrative review or appeal pursuant to 36 CFR 215. This decision is subject to appeal pursuant to 36 CFR 251 by those who hold or, in certain instances, those who apply for written authorizations to occupy and use National Forest System lands. An appeal for initial review may be filed by those who hold or, in certain instances, those who apply for written authorizations to occupy and use National Forest System lands. To appeal this decision under 36 CFR 251, a written Notice of Appeal, meeting the content requirements at 36 CFR 251.90, must be postmarked or received within 45 calendar days after the date of notice of this decision to applicants and holders of written authorization to occupy and use National Forest System land. However, when the 45-day filing period would end on a Saturday, Sunday, or Federal Holiday, the filing time is extended to the end of the next Federal working day. The Notice of Appeal must be sent to: USDA, Forest Service, Eastern Region, Green Mountain National Forest , ATTN: Forest Supervisor, Colleen Pelles Madrid, 231 North Main Street, Rutland, VT 05701. The Notice of Appeal may alternatively be faxed to: USDA, Forest Service, Eastern Region, Green Mountain National Forest ATTN: Forest Supervisor, Colleen Pelles Madrid at 802-747-6766. A copy of the appeal must simultaneously be sent to the District Ranger, Alex Sienkiewicz, 2538 Depot Street, Manchester Center, VT 05255 (fax: 802-362-1251). If an appeal is filed, I am willing to meet and discuss concerns. Additionally, if an appeal is filed, an oral presentation concerning the appeal (36 CFR 251.97) and/or stay of implementation (36 CFR 251.91) of the decision may be requested at any time prior to closing the appeal record.

VII. IMPLEMENTATION DATE This decision may be implemented immediately.

VIII. CONTACT PERSON Further information about this decision can be obtained from:


Special Use Administrator Dave Bosch during normal office hours (weekdays, 8:00 a.m. to 4:30 p.m.) at the Forest Supervisor’s office in Rutland, VT. Address: 231 N. Main St. Rutland, VT 05701 Phone: (802) 747-6746; Fax: (802) 747-6766; e-mail: [email protected]

District Ranger Alex Sienkiewicz during normal office hours (weekdays, 8:00 a.m. to 4:30 p.m.) at the Manchester Ranger District office in Manchester Center, VT. Address: 2538 Depot Street, Manchester, VT 05255 Phone: (802) 263-1251 ext. 212; Fax: (802) 362-1251; email: [email protected]

SIGNATURE AND DATE

/s/ Alex Sienkiewicz Date December 3, 2010

ALEX SIENKIEWICZ District Ranger Manchester Ranger District Green Mountain National Forest Responsible Official

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