United States Department of the Interior Bureau of Land Management

Determination of NEPA Adequacy DOI-BLM-UT-YO10-2018-0013 DNA

Special Recreation Permit for Montana Academy November 2017

Location: Designated mountain bike trails within the Moab Field 9//ice: Amnsa Back! Pothole! Rockstacker! Ahab, Bar M and Klondike Mountain Bike Focus Areas, Bartlett Slickrock Gemini Bridges! Magnificent Seven trails! Gold Bar Rim, Hunter Canyon Rim, Jackson trail. Jedi slickrock, Klonzo trails, Kokopelli, Long Canyon, Monitor & Merimac, Pipedrearn, Poison Spider, Porcupine Rim, Lazy mans, Lower Porcupine Singletrack (LPS), Seven Up, Shafer Trail (lower). Slickrock, Sovereign (BLM portion) Roads and paved paths: Blue Hills Road, BLM portion of Moab Canyon bike path, State Route 128, State Route 279, Mineral Bottom, Kane Creek! Hurrah Pass, Onion Creek Road, Sand Flats Road Hiking: Granstaff Canyon, Fisher Towers, Poison Spider, Moab Rim. Moonflower Canyon, Mill Canyon Dinosaur bone trail, Mill Canyon Dinosaur Tracksite Trail Climbing:Kane Sprinus Road: (including Abraxis Wall, Tombstones, Space Tower, Predator Tower, Bakery, Pritchett Canyon Loop, and Ice Cream Parlor); State Road 279: Wall Street, The Scar, King’s Hand, Culvert Canyon, Day Canyon, Long Canyon (Shipyard, Off Width City and Reptilian Wall ONLY from August 16- March 31 only); State Route 128: Fisher Towers group, Parriott Mesa, Castleton Group, River Road Crags (Dihedrals. Drinks. Takeout, Lighthouse, Dolomite Tower), Big Bend Butte and Boulders; State Route 313: Hunchback, Echo Tower, Determination Towers, Monitor and Methmac. Finish Line Tower, Sunset Tower, Sweet Jane, Pillbox: Sand Flats: Elvis Hammer, and Rhino Horn; South of Moab: Looking Glass Rock

Applicant/Address: David Charito, 9705 Lost Prairie Road, Marion, Montana 59925

Moab Field Office 82 East Dogwood Moab, Utah 84532 Phone: 435-259-2100 Fax:435-259-2158 Worksheet Determination of NEPA Adequacy U.S. Department of the Interior Utah Bureau of Land Management

The signed CONCLUSION at the end of this worksheet is part of an interim step in the BLM’s internal analysis process and does not constitute an appealable decision; however, it constitutes an administrative record to be provided as evidence in protest, appeals and legal procedures.

OFFICE: Moab Field Office PROJECT NUMBER: MFO-Y0l0-18-002R PROPOSED ACTION TITLE: Special Recreation Permit for Montana Academy LOCATION: Designated mountain bike trails within the Moab Field QI/ice:Amasa Back! Pothole! Rockstacker! Ahab, Bar M and Klondike Mountain Bike Focus Areas, Bartlett Slickrock Gemini Bridges! Magnificent Seven trails.’Gold Bar Rim, Hunter Canyon Rim, Jackson trail, Jedi slickrock. Klonzo trails. Kokopelli, Long Canyon, Monitor & Merrimac, Pipedream, Poison Spider, Porcupine Rim, Lazy mans, Lower Porcupine Singletrack (LPS), Seven Up, Shafer Trail (lower), Slickrock, Sovereign (BLM portion) Roads and paved paths: Blue Hills Road. BLM portion of Moab Canyon bike path, State Route 128, State Route 279, Mineral Bottom, Kane Creek! Hurrah Pass, Onion Creek Road, Sand Flats Road Hiking: Granstaff Canyon, Fisher Towers, Poison Spider. Moab Rim, Moonflower Canyon, Mill Canyon Dinosaur bone trail, Mill Canyon Dinosaur Tracksite Trail Climbing:Kane Sprinus Road: (including Abraxis Wall, Tombstones, Space Tower, Predator Tower, Bakery, Pritcheti Canyon Loop, and Ice Cream Parlor); State Route 279: Wall Street, The Scar, King’s Hand, Culvert Canyon, Day Canyon, Long Canyon (Shipyard, Off Width City and Reptilian Wall ONLY from August 16- March31 only); State Route 128: Fisher Towers group, Parriott Mesa, Castleton Group, River Road Crags (Dihedrals. Drinks. Takeout, Lighthouse, Dolomite Tower), Big Bend Butte and Boulders; State Route 313: Hunchback, Echo Tower, Determination Towers, Monitor and Methmac, Finish Line Tower, Sunset Tower, Sweet Jane, Pillbox: Sand Flats: Elvis’Hammer, and Rhino Horn; South of Moab: Looking Glass Rock APLICANT!ADDRESS: David Chat-ito,9705 Lost Prairie Road, Marion, Montana 59925

A. Description of the Proposed Action and Any Applicable Mitigation Measures David Charito, on behalf of Montana Academy, has requested authorization under a Special Recreation Permit (SRP) to offer guided mountain bike, climbing, and hiking tours within the Moab Field Office of the BLM. All use would be day use only with any overnight use occurring in desitznatedcampgrounds or private facilities. Montana Academy has not previously held an SRI’ with the BLM Moab Field Office. Standard stipulations as well as stipulations specific to mountain biking, canyoneering, and climbing would apply to the SRP for Montana Academy. This permit will be issued for a one-year term, with possibility of a ten-year renewal based on compliance with all permit terms and conditions.

B. Land Use Plan (LUP) Conformance LUP Namet Moab Resource Management Plan Date Approved October, 2008 tList applicable LUPs (for example, resource management plans; activity, project, management or program plans; or applicable amendments thereto). The proposed action is in conformance with the applicable LUPs because it is specifically provided for in the following LUP decisions: Page 97 of the Moab RMP reads as follows: ‘Special Recreation Permits are issued as a discretionary action as a means to: help meet management objectives, provide opportunities for economic activity, facilitate recreational use of public lands, control visitor use, protect recreational and natural resources, and provide for the heallh and safety of visitors.” In addition, page 98 states: “All SRPs will contain standard stipulations appropriate for the type of activity and may include stipulations necessary to protect lands or resources, reduce user conflicts, or minimize health and safety concerns... Issue and manage recreation pernits for a wide variety of uses to enhance outdoor recreational opportunities, provide opportunities for private enterprise, manage user-group interaction, and limit the impacts to such uses upon natural and cultural resources.”

C. Identify the applicable National Environmental Policy Act (NEPA) documents and other related documents that cover the proposed action.

Environmental Assessment DO1—BLM-UT-Y010-2010-0082 Special Recreation Permit for Jackson Hole Mountain Guides, signed February 2010. This covers the following climbing locations: Kane Creek Road (Ice Cream Parlor, Bakery, Space Towcr, Predator, Abraxis, Tombstone), Stale Route 279 (The Sear, Kings Hand, Wall Street, Day Canyon. Culvert Canyon/Cameltoe, Jug Flandle, Off Width City), State Route 313 (Hunchback), State Route 128 (River Road Dihedrals, Drinks Canyon, Take Out Beach Crags, Lighthouse Tower, Dolomite Tower, Big Bend Butte, Big Bend Boulders, canyoneering Negro Bill Canyon), Mill Creek (Entrajo Canyon), North Tusher (Ilouse of Putterman, Determination Towers,

Echo Tower, Monitor Butte and Menimac Butte), Sand Flats Road (Elvis’s 1-lammer,the Rhino’s Ilorn, Castle Valley (Castleton Tower, the Rectory, the Priest, Sister Superior, Parriott Mesa/Crooked Arrows Spire, Fisher Towers (the Lizard, Ancient Art, Kingfisher).

Environmental Assessment DOI-BLM-UT-Y0l 0-2011-0075, Special Recreation Pet-nil!Augmentation for Moab Cliff. and Omyons, signed May 3,2011 covers the following locations: Bounce Test area off of Kane Crk. on King’s Bench, Dewey Bridge climbs (Fear More Beer, Loathing Less Clothing, Spite Wider, Peasant Pucker, Albino Groove, Greed Dirty Deed) and Looking Glass Rock.

Environmental Assessment DOI-BLM-UT-Y0 10-2016-0048, Special Recreation Permit Amenthnentjbr Pumpkin Patch, signed on August 13, 2017, covers the following climbing locations: Utopia, Red Rocket Tower, Pillbox, Sweet Jane, Sunset Tower, Finish Line Tower, Lost World Butte, Dorsal Fin

Environmental Assessment DOI-BLM-UT-Y0 10-2013-0224 Special Recreation Permit A,nenthnent For IVesten,River Expeditions), signed January 2,2014. This covers the hiking locations considered under this Proposed Action. Environmental Assessment DOI-BLM-UT-Y01 0-2017-0047, Special Recreation Pet-mitReneiialfor Western Spirit cycling, signed January 01, 2017 covers the biking activities considered in the Proposed Action.

NEPA Adequacy Criteria

1. Is the new proposed action a feature of, or essentially similar to, an alternative analyzed in the existing NEPA document(s)? Is the project within the same analysis area, or if the project location is different, are the geographic and resource conditions sufficiently similar to those analyzed in the existing NEPA document(s)? If there are differences, can you explain why they are not substantial? V Yes No Documentation of answer and explanation: Yes; the existing NEPA documents address the impacts of permitted mountain biking, climbing, and hiking tours within the Moab Field Office.

2. Is the range of alternatives analyzed in the existing NEPA document(s) appropriate with respect to the new proposed action (or existing proposed action), given current environmental concerns, interests, and resource values? Yes No Documentation of answer and explanation: Yes; Environmental Assessments DO1—BLM-UT-Y010-2010- 0082, DOI-BLM-UT-YOlO-2016-0048, DOI-BLM-UT-Y010-201 1-0075, DO1-BLM-UT-Y0l0-2013- 0224, DOI-BLM-UT-Y010-2017-0047, and DOl-BLM-UT-Y0l0-2012-02l2, each contain analysis of the proposed action and a no action alternative. The environmental concerns, interests, resource values, and circumstances have not changed to a degree that warrants broader consideration.

3. Is existing analysis adequate in light of any new information or circumstances (such as, rangeland health standards assessment; recent endangered species listings, updated list of BLM sensitive species)? Can you reasonably conclude that new information and new circumstances would not substantially change the analysis of the new proposed action? V Yes No Documentation of answer and explanation: Yes; the existing analysis and conclusions are adequate as there has been no new information or circumstances presented. It can be reasonably concluded that all new information and circumstances are insignificant with regard to analysis of the proposed action.

4. Arc the direct, indirect, and cumulative effects that would result from implementation of the new proposed action similar (both quantitatively and qualitatively) to those analyzed in the existing NEPA document? V Yes No Documentation of answer and explanation: Yes; the direct and indirect impacts are substantially unchanged from those identified in the existing NEPA documents. Yes; site-specific impacts analyzed in the existing document are the same as those associated with the current proposed action.

5. Are the public involvement and interagency review associated with existing NEPA document(s) adequate for the current proposed action? V Yes No Yes; The public was notified of the preparation of DOI—BLM-UT-Y010-2010-0082 Special Recreation Permit jbr Jackson Hole Mountain Guides, when it was posted on ENBB January 6,2010. Environmental Assessment DO1-BLM-UT-YOl0-2011-0075, Special Recreation Permit Augmentationfor Moab Cliffs’ and Canyons, was posted on the ENBB on January 20, 2011. Environmental Assessment DOI-BLM-UT YOl0-2016-0048, Special Recreation Permit Augmentation/br Pimipkin Patch, was posted on ePlanning on December 1,2015. The public was notified of the preparation of Environmental Assessment DOT—

BLM-UT-Y0 10-2013-0224, Special Recreation Permit Amendment For Western River Expeditions , was posted on the ENBB on August 2, 2013. This included the 30-day period for WSA use. The public was notified of the preparation of Environmental Assessment DOI-BLM-UT-Y0 10-2017-0047, Special Recreation Permit Renewal/br Western Spirit cycling, when it was posted on ePlanning on December 6, 2016. This included the 30-day period for WSA use. The public was notified of the preparation of Environmental Assessment DOI-BLM-UT-Y0 10-2012-0212, Special Recreation Permit for Navtec, when it was posted on the ENBB on August 24, 2012. This included a 30-day notification period for actions in Determination CONCLUSION Plan

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F. Pcrsons/AgenciesfBLM Staff Consulted: F. Persons/AgcnciesfBLM Staff Consulted:

Name Title Resource Represented

David Pals Geologist Water resources, Geology, Wastes

Katie Stevens Outdoor Recreation Areas of Critical Environmental Concern; Planner Wild & Scenic Rivers, Recreation, Visual Resources

Jan Denney Lands and Realty Lands/Access Specialist

Dave Williams Rangeland Management T&E Plants Specialist

Jordan Davis Rangeland Management Invasive Plants, Woodlands, RI-IS, Specialist Livestock Grazing, Vegetation, Soils

Josh Relph Fuels Specialist Fuels/Fire Management

Jared Lundel Archaeologist Cultural Resources; Native American Religious Concerns

Rebecca Doolittle Assistant Field Manager Air Quality

ReBecca Hunt Foster Paleontologist Paleontology

Pain Riddle Wildlife Biologist Threatened, Endangered, or Candidate Animal Species, Wildlife. Migratory Birds, Wildlife

Bill Stevens Outdoor Recreation Wilderness, Natural Areas, Planner Socioeconomics, Environmental Justice, Lands with Wilderness Characteristics

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FINAL REVIEW:

Reviewer Title Signature Date Comments

Environmental Coordinator Katie Stevens Authorized Officer iL. ioneç j \flJ ‘ I ______Yes

WILDERNESS INTERIM MANAGE€NT IMPAIRNT/NON- IMPAIRMENT EVALUATION FORM With the passing of the deadline for completion of reclamation activities in September of 1990, only temporary, non—surface—disturbing actions that require no reclamationy grandfathered uses, and actions involving the exercise of valid existing rights can be approved within WSA’s. The reference document for evaluators and managers is Manual 6330, Management of Wilderness Study Areas (July,20l2)

DESCRIPTION OF ACTION

Name of action: D0I-BLM-UT—Y010-2C15434S-DNA

Proposed Action: X Alternative Action: (check one)

Proposed by: Montana Academy

Description of action: Montana Academy has requested authorization through a renewed Special Recreation Permit (SRP) to offer biking trips on designated mountain bike trails in the Moab Field Office of the BIN. One of the mountain bike routes, Porcupine Rim, is within the Negro Bill Canyon Wilderness Study Area (WSA) . Standard stipulations as well as mountain bike stipulations would appy to the SRP for Montana Academy. The only portion of the permit analyzed in this document is that trip segment which lies within the Negro Bill Canyon Wilderness Study Area (WSA)

Locations: Porcupine Rim mountain bike trail from its entry in to the WSA in section 21, T25S, R22E, to its terminus at SR 126.

What BLM WSAs are included in the area where the action is to take place? Negro Bill Canyon

VALID RIGHTS OR CRANDFATRED USES (if any)

Is lease, mining claim, or grandfathered use pre—FLPMA? Yes X No

If yes, give name or number of lease(s) , mining claim(s) or grandfathered use and describe use or right asserted:

Has a valid existing right been established? X No

EVALUATION OF POTENTIAL FOR IMPAIRMENT OF WILDERNESS VALUES

Is the action temporary and non-surface disturbing? K Yes______No If yes, describe why action would be temporary and non—surface disturbing and identify the planned period of use:

Activity would consist of one—day guided mountain biking tours. Commercial activities are permitted uses in wilderness, including NSA’s. Mountain

1 biking has been a long—established grandfathered activity on the Porcupine Rim Trail, a portion of which is on a pre—inventory intrusion route in the WSA, with the remainder following a constructed stock trail. Current use, most of which is one—way, averages approximately 30,000 users per year. The Wilderness Act states: “Commercial activities may be performed within the wilderness areas designated by this Act to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the areas.” The BLM’s Manual 6330, Management of Wilderness Study Areas (July,2012) states that most recreational activities are allowed within WSA’s. Failure to adhere to the permit’s stipulations could result in non—renewal by the ELM’s Administrative Officer. When the use, activity, or facility is terminated, would the area’s wilderness values be degraded so far as to significantly constrain the Congress’s prerogative regarding the area’s suitability for preservation as wilderness?

Naturalness: Effects to the natural environment would center on trails and natural travel routes where mountain bikers would travel. For the proposed action, however, all travel would be on an existing well-defined and maintained trail. Impacts could involve soils and vegetation. The mountain bikinc activities would be on a trail that receives heavy recreational use, especially mountain biking, averaging about 30,000 users per year. Naturalness as an ingredient in wilderness is defined as lacking evidence of man’s impacts on a relatively permanent basis. None of the potential effects described above would affect significantly this aspect of naturalness essential to wilderness character. Outstanding Opportunities for Solitude: This activity would not decrease opportunities for solitude relative to their current status. The Porcupine R:m Trail receives neavy annual mountaIn oice use (estimateo at 30,000 users n 2016) . Althougn comerc:al tours are current_y allowed on the trat_, sucn use has been light relative to private use. Only the last 2.5 miles of the trail are in the WSA, with almost all traffic being one—way. There is no reason to believe that the small increase in numbers which could result from the proposed action would sionificantly reduce any such ocportunities for solitude. Furthermore, the trail segment in question lies within the front— country part of the ;JSA which was noted as not possessing outstanding opportunities for solitude in the 1991 Utah Statewide Wilderness Study Report. Outstanding Opportunities for Primitive and Unoonfined Recreation: There is no reason to believe that the proposed action will reduce these opportunities. There are no plans for trail construction or other modifications of the area.

Optional Supplemental values: No perceived negative impacts. The original inventory identified no specific supplemental values, although the 1990 Final Environmental Impact Statement identifies several threatened and endangered animal and plant species that may occur in the WSA. The current status is

2 ___Yes______Yes ____Yes____No

the presence of several clant species on the Utah state sensitive list. These species are all alcove plants, and do not occur along the established trail. The orocosed action would be on this route, and would not impact these species. Considered cumulatively with past actions, would authorization of the action impair the area’s wilderness values? X No

Rationale: Commercial activities are permitted not only ii. WSA’s, but in officially—designated wilderness.

RESULTS OF EVALUATION Non-impairment Standard

The only actions permissible in study areas are temporary uses that do not create surface disturbance, require no reclamation, and do not involve permanent placement of structures. Such temporary or no—trace activities may continue until Congress acts, so long as they can be terminated easily and immediately. The only exceptions to the non-impairment standard are:

1) emergencies such as suppression activities associated with wildfire or search and rescue operations,

2) reclamation activities designed to minimize impacts to wilderness values created by ItP violations and emergencies; 3) uses and facilities which are considered grandfathered or valid existing rights as defined in Xanual 6330,

4) uses and facilities that clearly protect or enhance the land’s wilderness values or that are the minimum necessary for public health and safety in the use and enjoyment of the wilderness values, and

5) reclamation of pre—FLPNA impacts.

MAJOR CONCLUSION OF NON-IMPAIRMENT EVALUATION Action clearly fails to meet the non—impairment standard or any exceptions, e.g. VER, and should not be allowed: X No

Action appears to meet the non—impairment standard: X Yes No

Action may be allowable, pre-FLPMA grandfathered use: _Yes X N/A

Action may be allowable, pre—FLPMR VER: _Yes X N/A

OTHER CONCLUSIONS

Restrictions proposed may unreasonably interfere with pre-FLPMA rights or grandfathered uses: No X N/A

3 ____Yes_____Yes___YesX

Reasonable measures to protect wilderness values and to prevent unnecessary or undue degradation of the lands are incorporated: N Yes No____ N/A

Environmental Assessment required: N Yes____ No

Plan of Operations Required: No X N/A

Discovery verification procedures recommended: No N N/A

Consider initiating reclamation through EA: No X N/A

RELATED ACTIONS Dated copy of Electronic Notification Board notice attached to case file: N Yes No

Media notification appropriate: (optional) No

Federal Register Notice appropriate: (optional) No

Information copy of case file sent to USO-933: N No

Evaluation prepared by: William P. Stevens October 12, 2017 Name (s) Date

4 ______

FINDING OF NO SIGNIFICANT IMPACT AND DECISION RECORD Montana Acadmeny DOI-BLM-UT-Y010-201 8-0013 DNA

FONSI: Based on the analysis of potential environmental impacts contained in the present document, I have determined that the action will not have a significant effect on the human environment and an environmental impact statement is therefore not required.

DECISION: It is my decision to authorize the commercial Special Recreation Permit for Montana Academy to operate in the areas listed under the Proposed Action. This decision is contingent upon meeting all stipulations and monitoring requirements attached.

RATIONALE: The decision to authorize this Special Recreation Permit for Montana Academy has been made in consideration of the environmental impacts of the proposed action. The action is in conformance with the Moab Resource Management Plan, which allows for recreation use permits for a wide variety of uses to enhance outdoor recreational opportunities, provide opportunities for private enterprise, manage user-group interaction, and limit the impacts to such uses upon natural and cultural resources.

PROTEST/APPEAL LANGUAGE: The decision may be appealed to the Interior Board of Land Appeals, Office of the Secretary, in accordance with the regulations contained in 43 CFR Part 4. Public notification of this decision will be considered to have occurred when the decision is posted to the ePlanningwebsite. Within 30 days of this decision, a notice of appeal must be filed in the office of the Authorized Officer at Moab Field Office, Bureau of Land Management, 82 East Dogwood, Moab, Utah 84532. If a statement of reasons for the appeal is not included with the notice, it must be filed with the Interior Board of Land Appeals, Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy St., Suite 300, Arlington, VA 22203 within 30 days after the notice of appeal is filed with the Authorized Officer.

If you wish to file a petition for stay pursuant to 43 CFR Part 4.21(b)), the petition for stay should accompany your notice of appeal and shall show sufficientjustification based on the followingstandards: 1. The relative harm to the parties if the stay is granted or denied, 2. The likelihood of the appellant’s success on the merits, 3. The likelihoodof irreparable harm to the appellant or resources if the stay is not granted, and 4. Whether the public interest favors granting the stay.

If a petition for stay is submitted with the notice of appeal, a copy of the notice of appeal and petition for stay must be served on each party named in the decision from which the appeal is taken, and with the IBLA at the same time it is filed with the Authorized Officer. A copy of the notice of appeal, any statement of reasons and all pertinent documents must be served on each adverse party named in the decision from which the appeal is taken and on the Office of the Regional Solicitor, U.S. Departmentof the Interior, 6201 Federal Building, 125 South State Street, Salt Lake City, Utah 84138-1180, not later than 15days after filing the document with the Authorized Officer and/or IBLA.

U Authorized Officer Date