Decision Memo

Sipapu Ski and Summer Resort Pedro's Park Lift Project USDA Forest Service, Southwestern Region

Camino Real Ranger District, Carson National Forest Taos County, New Mexico

(T. 22N, R. 13E, Section 10)

Background The Sipapu Ski and Summer Resort Pedro's Park Lift Project will accommodate beginners and novices with out-of-base lift service to higher up terrain without requiring use of Lift #1. The Pedro's Park Lift would better balance skier/rider circulation with lift capacities at Sipapu. Providing beginners with another chairlift option and offering better access to existing beginner and novice terrain is a key piece of the "learning progression" that is critical to new skiers and snowboarders.

The project area is entirely within Sipapu's existing special use permit area boundary, approximately 8 miles east of Pefiasco in Taos County, New Mexico (T. 22N, R. 13E, Section 10).The attached map displays the location of the approved Pedro's Park Lift project.

Project The Pedro's Park Lift Project includes the following elements:

• A roughly 1,305 foot-long, fixed-grip triple or quad chairlift constructed west of Lifts #1 and #2. The lift will have a capacity of approximately 1,200 people-per-hour (pph) and will rise approxim.ately 370 vertical feet.

• The bottom terminal station will be located near the base of the Lower Bambi trail and the top terminal station will be near the intersection of Butterfly and Rolling Rock trails. The bottom terminal and all associated ground disturbance and tree removal will occur outside of the Rio PUeblo floodplain.

• Power will be supplied via an underground line beginning at the bottom of Lift #2 and extending westward approximately 270 feet to the proposed lift's bottom terminal.

The project area is accessible via existing maintenance roads for construction and maintenance. Sipapu's existing parking lots will be used to store materials and equipment during work.

Approximately 1.6 acres of vegetation clearing will be necessary to construct the top and bottom terminals and the -lift corridor. Grading for the top and bottom terminals will total approximately 0.7 acre. Installation of the roughly 270 foot long underground power line from Lift #2 to the Pedro's Park bottom terminal will require an additional 0.03 acre of temporary ground disturbance. 1

1 Ground disturbance related to the power line has been revised (decreased) since this project was scoped. The scoping notice overestimated the amount of temporary ground disturbance related to installation of the power line, and did not account for the fact that much of this area would also be disturbed for construction of the bottom terminal of the Pedro's Park lift. Refer to the attached figure.

Sipapu Ski and Summer Resort Pedro's Park Lift Project 1

Stumps will be excavated and the ground returned to natural contours. All disturbed areas will be promptly stabilized and revegetated using native seed mixes and Forest Service-approved techniques.

Cut trees will be purchased and removed under a forest products permit. Required mitigation measures are discussed below.

Required Mitigation Measures and Best Management Practices: • Open trenches will be covered or filled when construction crews are not present.

• Construction activities (grading, vegetation removal, etc.) will be timed to minimize risk of storm water runoff and sediment transport to surface water.

• The contractor shall install erosion control structures down-slope of the proposed earthwork activities to minimize off-site erosion during construction activities. ·

• If construction activities should need to occur during the migratory bird breeding period April 1 to August 31 ), pre-construction surveys will be conducted by a qualified biologist to flag any active nests for avoidance.

• Inspect and maintain temporary erosion control measures on a routine time interval during construction and immediately after a storm event.

• Implement pre-construction or pre-disturbance erosion control measures.

• Implement post-construction (permanent) stabilization measures as soon as construction activities are complete and final grade is established.

A Stormwater Pollution Prevention Plan (SWPP) is required for this project because the construction disturbance will be greater than one acre.

Decision It is my decision to authorize the construction and operation of the Sipapu Ski and Summer Resort Pedro's Park Lift Project, as described above.

The analysis for this project is documented in a project file and maintained on the Camirio Real Ranger District. An interdisciplinary analysis on this project is documented in a project record. Source documents from the project record are incorporated by reference throughout this decision memorandum by showing the document number in brackets [PR#] - please refer to Appendix A for the project record index.

Sipapu's existing special use permit will be amended to include these approved projects.

Reasons for Categorically Excluding the Decision Decisions may be categorically excluded from documentation in an environmental impact statement or environmental assessment when they are within one of the categories identified by the U.S. Department of Agriculture in 7 CPR part I b.3 or the proposed action is within a category listed in 36 CPR 220.6 (d) and ( e ), and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative environmental effect. This decision is consistent with 36 CPR 220.6(e)(3) - "Approval, modification, or continuation of minor special uses of NFS lands that require less than five contiguous acres of land."

Sipapu Ski and Summer Resort Pedro's Park Lift Project 2

The following resource conditions were considered in determining whether extraordinary circumstances related to the decision warranted further analysis and documentation in an environmental impact statement or an environmental assessment (36 CFR 220.6 (b)(i-vii)):

i. 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 (ESA, 16 U.S.C.§§ 1531-1544) requires 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. As required by the ESA, potential effects of this decision on listed species have been analyzed and documented in a biological assessment. There would be no adverse effect to federally listed species or critical habitats from.the proposed project. [PR #15, page 14]

A biological evaluation was prepared to address Forest Service sensitive species. The proposed project may temporarily displace some Forest Sensitive small grassland dependent mammals and some mixed-conifer dependent mammals due to the presence of human activity and construction associated with the Pedro's Park Lift; Jlowever mammals may return to the area after construction is complete. There would be a short-term impact to some sensitive species, but overall populations of species displaced would not be negatively impacted by the construction activities. Therefore, there would be no cumulative adverse impacts to forest sensitive species. [PR #15, page 14]

ii. Floodplains, wetlands, or municipal watersheds

The bottom terminal of the Pedro's Park Lift was originally planned to be located within the floodplain of the Rio Pueblo River, and a floodplain analysis was prepared to document this. [PR #6] However, the planned bottom terminal was moved uphill, and outside, of the floodplain. [PR #7, page 2, question 13b] No wetlands are in the area proposed for disturbance associated with the Pedro's Park Lift Project. [PR #17] The Carson Forest Plan, as amended, does not recognize the lands within . the project area as a municipal watershed.

iii. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas

The Pecos Wilderness is approximately seven miles south of the proposed project area. This project is not within congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas. These areas will not be adversely affected by this decision.

iv. Inventoried roadless area or potential wilderness area

The Pecos Addition Inventory Roadless Area is approximately seven miles south of the project area. Although the Comales Canyon Inventoried Roadless Area borders Sipapu 's special use permit area, this project will not affect the roadless characteristics for which it was designated. This decision will not affect future management decisions on roadless areas or wilderness designation.

v. Research natural areas

There are no research natural areas in or near the project area; therefore, this decision will not affect research natural areas.

Sipapu Ski and Summer Resort Pedro's Park Lift Project 3

vi. American Indians and Alaska Native religious, or cultural sites and archaeological sites, or historic properties or areas

Section I 06 of the National Historic Preservation Act (U.S .C. 470 et seq.) requires Federal agencies take into account the effect of a project on any prehistoric or historic district, site, building, structure, or object that is included in or eligible for, inclusions in the National Register. Section 106 of the National Historic Preservation Act (NHPA) also requires Federal agencies to afford the Advisory Council on Historic Preservation and Tribal entities a reasonable opportunity to comment.

The archaeologist for the Carson National Forest completed archaeological clearances for the project, finding that no heritage s ites are located in the project area. Clearance for the project was recommended. [PR #5, pages 1 and 2)

In addition, the Federal government has trust responsibilities to tribes under a government-to­government re lationship. Consultation with the tribes is completed to help insure that these trust responsibilities are met. The intent of this consultation is to remain informed about tribal concerns. To meet tribal consu ltation obligations under Section 106 of the NHPA, individual scoping letters were mailed on April 15, 20 14 to 32 tribal contacts with ties to the Carson National Forest. [PR #9) The Navajo Nation Historic Preservation Department, Comanche Nation Historic Preservation Office, and Southern Ute Indian Tribe NAGPA Coordinator replied to the scoping letter; none expressed concerns with the project. [PR #11, # 12, and# 13)

The mere presence of one or more of the above listed resource conditions does not preclude the use of a categorical exclusion. It is the ex istence of a cause-effect relation~hip between a proposed action and the potential effect on these resource conditions, and if such a relationship exists, the degree of the potential effect of a proposed action on these resource conditions that determines whether extraordinary circumstances exist. I find no extraordinary circumstances related to this decision that may result in a significant individual or cumulative environmental effect.

Public Involvement This proposal was first listed in the July I , 2014 Schedule of Proposed Actions. [PR #16) A le tter describing the proposed action and the available 30-day comment period was mailed to 12 potentially inte rested indi viduals, organizations, and agencies on April 14, 2014. [PR #8] A single comment letter ­from the Carson Forest Watch - was rece ived during the scoping period. [PR #1 O]

Individual scoping letters were mailed on April 15, 2014 to 32 tribal contacts with ties to the Carson National Forest. [PR #9] The Navajo Nation Historic Preservation Department, Comanche Nation Historic Preservation Office, and Sou them Ute Indian Tribe NAGPA Coordinator replieq to the scoping letter; none expressed concerns with the project. [PR #11, #12, and #13]

I conside red external comments received during scoping [PR # 18) in addition to input from Forest Service resource specialists who analyzed the proposal. No significant issues were identified, and all practical means have been employed to avoid or minimize environmental impacts.

Findings Required by Other Laws The project is in conformance with the Land and Resource Management Plan for the Carson National Forest as required by the National Forest Management Act (16 U.S.C. §§ 1600-1614), specifically:

Management Area 16 - Recreation Sites: Admini ster ex isting ski areas in accordance with direction in the Master Development Plan for each area. [PR # 1, Recreation Sites pg. 4)]

Sipapu Ski and Summer Resort Pedro's Park Lift Project 4

The activities proposed in thi s project have been accepted as part of the 2012 Sipapu Ski and Summer Resort Master Development Plan. [PR #3 , page 48)

The Sipapu Ski and Summer Resort Pedro's Park Lift Project will comply with all applicable federal , state, and local laws and regulations including, but not limited to: the National Environmental Policy Act of 1969; the Endangered Species Act of I 973; the National Historic Preservation Act of 1966; the Native American Grave and Repatriation Act of 1990; the Clean Air Act of I 955; the Clean Water Act of 1948; Executive Order I I 988 (Floodplains) and Executive Order I 2898 (Environmental Justice).

Implementation Date Implementation may begin immediately.

Contact Person For additional information concerning this decision, contact Amy Simms, Recreation Program Manager, 208 Cruz Alta Rd, Taos, NM 87571 or by calling 575-758-63 I 0.

Acting Forest Supervisor

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because of all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director of Civil Rights, 1400 Independence Avenue, S.W., Washington , D.C. 20250-94 I 0, or call (800) 795-3272 (voice) or (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer.

Sipapu Ski and Summer Resort Pedro's Park Lift Project 5

APPENDIX A - Project Record

,.# '' ;~;;; . ' ,:'DOCUMENT- -; l

AU~ll,:.C!)R ... ',,

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1 Carson National Forest Plan Carson National Forest September 1986, as

MGT Area 16 - Recreation Sites amended

2 U.S. Department of Agriculture, Carson National Forest September 8, 2004 Forest Service

Ski Area Term Special Use Permit for Sipapu Recreation Development II, LLC.

3 2012 Sipapu Ski & Summer Resort Sipapu Ski and Summer Resort April 27, 2012 Master Development Plan

4 Archaeological Surveys Undertaken Burney & Associates September 5, 2013 for the Lift 2 Replacement and Proposed Pedro's Park Lift, Sipapu Ski and Summer Resort

5 Inventory Standards and Accounting Skip Miller, Carson National September 25, Negative Report Forest Archaeologist 2013

6 Sipapu Ski & Summer Resort: Rio Resource Engineering, Inc. December 5, 2013 Pueblo Floodplain Study

7 Pedro's Park SF 299 John Paul Bradley, Mountain January 14, 2014 Manager

Sipapu Ski and Summer Resort

8 Proposed Action Scoping Letter and Juan E. (Buck) Sanchez, Forest April 14, 2014 Addresses - Public Supervisor

Carson National Forest

9 Proposed Action Scoping Letter and Juan E. (Buck) Sanchez, Forest April 15, 2014 Addresses - Tribal Supervisor

Carson National Forest

10 Scoping comments Joanie Berde, Carson Forest April 17, 2014 Watch

11 Scoping comments Theodore E. Villicana, Resource May 6, 2014 Technician

Comanche Nation Historic Preservation Office

12 Scoping comments Tony H. Joe, Jr., Supervisory May 12, 2014 Anthropologist, Traditional Culture Program

Navajo Nation Historic Preservation Department

Sipapu Ski and Summer Resort Pedro's Park Lift Project 6

Preservation Department

13 Scoping comments Alden Naranjo, NAGPRA May 12, 2014 Coordinator

Southern Ute Indian Tribe

14 Sipapu Ski & Summer Resort- Prepared by Rocky Mountain . June 2, 2014 Pedro's Park Lift Ecology, LLC.

Management Indicator Species and Reviewed/ Approved by Jennifer Migratory Bird Report Gatlin, Wildlife Biologist Camino

Real Ranger District

Carson National Forest

15 Biological Assessment and Prepared by Rocky Mountain June 2, 2014 Biological Evaluation Ecology, LLC.

Sipapu Ski & Summer Resort- Reviewed/ Approved by Jennifer Pedro's Park Lift Gatlin, Wildlife Biologist Camino

Real Ranger District

Carson National Forest

16 Carson National Forest Schedule of Carson National Forest July 1, 2014 Proposed Actions (SOPA)

17 Wetlands Memo Resource Engineering, Inc. July 22, 2014

18 Consideration of Public Scoping Carson National Forest August 25, 2014 Comments

19 Decision Memo Jamie Kingsbury, Acting Forest August 25, 2014

Sipapu Ski and Summer Resort Supervisor

Pedro's Park Lift Project Carson National Forest

20 Cover letter transmitting Decision Jamie Kingsbury, Acting Forest August 25, 2014 Memo and Consideration of Supervisor Comments

Carson National Forest

Sipapu Ski and Summer Resort Pedro's Park Lift Project 7

Legend:

SUP Boundary

Existing Lift

~ Floodplain

Proposed Lift

~ Proposed Clearing

~ Proposed Grading

~ Proposed Power Line Spur

Sipapu Ski Area Approved Pedro's Park Lift Installation

• North o

25' Contour Interval Scale 1 "=500'

250 500 1,000 ft.