Allegheny Wood Products

Easement United States UnitedDepartment States of DepartmentAgriculture of Agriculture Final Environmental Impact Forest Service

ForestEastern Service Region Statement

JulyMonongahela 2005 National Forest Monongahela National Forest July 2010

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Final Environmental Impact Statement Allegheny Wood Products Easement Monongahela National Forest

July 2010

Tucker County,

Lead Agency: USDA Forest Service Monongahela National Forest

Responsible Official: Clyde N. Thompson USDA Forest Service Monongahela National Forest 200 Sycamore St. Elkins, WV 26241 (304) 636-1800

For Further Information: David Ede, Forest Planner/NEPA Coordinator Monongahela National Forest 200 Sycamore Street Elkins, WV 26241 (304) 636-1800, ext 287

ABSTRACT: When the historic railroad grade in Blackwater was abandoned by the railroad, ownership reverted to the adjacent landowners, resulting in a linear division of ownership on the grade. Currently, the uphill side of the grade is on National Forest System (NFS) land, and the downhill side of the grade is owned by Allegheny Wood Products Inc. (AWP), with the property boundary running down the middle of the grade.

In July 2001, AWP applied for motorized access on the National Forest System portion of the railroad grade for the purpose of long-term timber management on roughly 300 acres of their property that is located between the railroad grade and the Blackwater .

This Final Environmental Impact Statement (FEIS) documents the analysis of three action alternatives considered in detail that would grant AWP access to their private property located in the Blackwater Canyon area of Tucker County, West Virginia. An additional alternative, one that would allow no access, was also explored. Eleven other alternatives were considered but eliminated from detailed study.

Alternative 4 is the Preferred Alternative in this FEIS. Alternative 4 would choose to authorize motorized access to AWP for the purpose of repairing and maintain drainage structures to prevent further degradation to their property. It would also provide the Forest Service reciprocal access to the AWP portion of the grade in order to actively manage the recreation opportunities, better respond to public safety issues, and address ongoing impacts to heritage resources.

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Summary of the Final Environmental Impact Statement

The Proposed Action The Forest Service proposes to convey an authorization of right-of-way to AWP along the NFS portion of the railroad grade located in Blackwater Canyon in Tucker County, West Virginia. The authorization would be provided to AWP for the purpose of long-term resource management on roughly 300 acres located between the Blackwater River and the railroad grade. This management would include use of two- and four-wheeled vehicles for inventory of timbered property. Maintenance for vehicular use is expected to use small dozers, graders, and backhoes. Timber management may include use of the grade for thinning and hauling of merchantable timber on private lands. The proposed action would include allowing repair and maintenance of the grade to improve drainage and provide for safe motorized vehicle use, including logging trucks. The proposal would apply to 5.5 miles of the grade and would only authorize access for resource management as discussed above. Maintenance and upgrades of the grade would be to Forest Service standards appropriate to the intended use. This proposal was submitted through a special use application by AWP, which specifically asked for access along the Forest’s portion of the abandoned railroad grade in order to: 1) repair and maintain drainage structures to prevent further resource degradation to their property, 2) make it economically feasible for AWP to conduct timber stand improvement work and/or light commercial thinning, and 3) protect forest health (including prevention of fire, disease, and pest infestation) on the north side of the Blackwater River that pose a threat to AWP’s property, public resources, and public safety.

Purpose and Need for Action The purpose of this action is to respond to AWP’s request for the Forest Service to authorize the use of the NFS portion of the railroad grade in Blackwater Canyon by AWP for the reasonable use and enjoyment of their property. The need for AWP to access and use the railroad grade was given in three reasons in AWP’s 2001 special use application request (they refer to the railroad grade as the “Road”): a. The condition of the Road is poor. There are numerous drainage structures that are not functioning properly. This poses a great risk to AWP property on the North side of the Blackwater River and downslope from the Road. The area is prone to slips and landslides. AWP needs access to repair and maintain drainage structures to prevent further degradation. b. Access is needed to make it economically feasible for AWP to conduct timber stand improvement (TSI) work and/or light commercial thinning on AWP property on the North side of the Blackwater River. c. Access is needed to protect forest health (including prevention of fire, disease, and pest infestation) on the North side of the Blackwater River that pose a threat to AWP’s property, public resources, and public safety. Only full and regular access along the Road will be adequate to allow AWP to prevent and/or respond to such threats (PF A_2).

Federal action is needed because AWP has submitted the required application in accordance with applicable federal regulations and USFS policies. The Forest therefore has an obligation to consider whether, and under what conditions, to issue a permit for the requested access and use.

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Issues Used to Formulate Alternatives Issues are used to formulate alternatives, prescribe mitigation measures, and to define the scope of the environmental analysis. The responses received during the scoping period were reviewed and significant issues were identified by the Responsible Official. The issues are described below using an issue statement and background information on the issue. Indicators used to measure effects associated with the issue are also described.

Issue 1 - Recreation

ISSUE STATEMENT A: The Proposed Action would authorize AWP to repair and maintain portions of the railroad grade to allow for vehicle traffic, including logging trucks on an intermittent basis, which would impact the sense of solitude currently experienced when hiking, mountain biking, or skiing along the grade.

Background: The area along the railroad grade provides a feeling of solitude for many visitors and a perception that the area is relatively undisturbed. Views of Blackwater Canyon can be seen along the railroad grade, particularly when leaves are off the trees. Several concerns were raised that authorizing AWP to repair the railroad grade and then drive vehicles, including logging trucks, would impact the sense of solitude and would change the current recreational character of the railroad grade. Changes would include impacting the cross-country skiing experiences should AWP plow snow off the railroad grade.

Indicator: Changes in recreation character and opportunities to experience solitude Measurement: Changes in the Recreation Opportunity Spectrum (ROS) Measurement: Mitigation to address potential changes to recreation character

ISSUE STATEMENT B: The Proposed Action would authorize AWP to change the surfacing of the grade, which would impact mountain biking experiences.

Background: The railroad grade is popular for mountain biking because the ballast has been removed and the tread is fairly smooth with little surfacing. Concerns were raised that addition of large aggregate to the surface would make it difficult to ride mountain bikes along the railroad grade. Although mountain biking would still be allowed, the popularity of the grade would likely decrease because riding on aggregate is difficult.

Indicator: Changes to the quality of recreation experiences, especially mountain biking Measurement: Mitigation to address potential changes to recreation experiences

ISSUE STATEMENT C: The Proposed Action would authorize AWP access but would not provide the Forest any interest (legal rights) to adequately manage the popular recreation trail along the railroad grade or prevent ongoing trespass of hikers onto private property.

Background: As mentioned previously, the railroad grade is used as a popular trail for hiking, mountain biking, and cross-country skiing. The Forest only manages the 6 feet of tread on the uphill side of the railroad grade. The trail currently across the AWP-owned portion of the railroad grade and the NFS portion of the railroad grade. The perception by many people

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recreating in the area is that the entire grade is in NFS management. The Forest cannot maintain or improve the tread because it is not entirely in NFS ownership. For the same reasons, the Forest cannot actively manage or encourage recreational use due to the ongoing trespassing on private lands. As proposed, people would continue to trespass on AWP property with the impression that they are recreating on NFS lands.

Indicator: Would the Forest obtain the ability to actively manage recreation? Measurement: Yes/No

Issue 2 - Heritage Resources

ISSUE STATEMENT: The Proposed Action would authorize AWP to repair and maintain portions of the railroad grade and authorize pickup and log truck traffic. These activities would impact heritage sites that are eligible for listing on the National Register of Historic Places.

Background: There are many historic sites along the railroad grade, including the grade itself, that are eligible for listing on the National Register of Historic Places. Of particular interest are the stone arches that were built at major crossings. AWP would be authorized to repair and maintain the railroad grade to safely use pick-up and logging trucks. This type of disturbance has the potential to cause impacts to historic sites. However, impacts are occurring to the historic grade and arches now, and these impacts will continue to degrade these sites unless they are addressed.

Indicator: Potential impacts to heritage resources Measurement: Qualitative discussion of potential impacts to heritage resources

Alternatives Given Detailed Study

The following section briefly describes each alternative given detailed study. A more in-depth description can be found in Chapter 2 of the FEIS. The acres or miles identified for activities have been identified from mapping and should be considered estimates. References to the 6 or 10 feet of the grade are assuming the boundary line between AWP property and NFS lands is in the center of the railroad grade. A recent survey has shown this to be the case (PF A-27).

Alternative 1 - No Action

The National Environmental Policy Act (NEPA) requires that an environmental impact statement includes a “no action” alternative to serve as a baseline to compare action alternatives. The No Action Alternative is based on the premise that conditions on the Forest change, even in the absence of active management. It also responds to those in the public that do no want this action to occur on NFS lands. This alternative provides the decision-maker with a clear basis for reasoned choice among the alternatives studied in detail.

Alternative 1 is essentially the “status quo” strategy that allows current activities and policies to move forward over time. Allegheny Wood Products would still have access to their property along the southern portion of the railroad grade. The access for inventory, survey, and other land

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management activities would be available through non-motorized means. Commercial thinning could still be done by AWP through means such as helicopter logging or bridging the river.

Current trespass onto private lands would continue unless the private land owners constructed a barrier or took legal action to otherwise halt this activity. While AWP would have access to the drainage structures on their properties, drainage improvement work would not be authorized on NFS lands with this alternative.

Alternative 2 - Proposed Action

The Proposed Action would agree to allow the Forest Service to authorize an easement or right- of-way across NFS lands along an abandoned railroad grade for the reasonable use and enjoyment of private property owned by AWP. This reasonable use and enjoyment was described in the application for the access submitted by AWP as long-term resource management. An easement authorization would provide AWP access to repair the grade to improve drainage, which would allow them to access their property from the grade to do timber stand improvement, and light commercial thinning on an estimated 10-15 year interval. The access is also intended to provide for quick response to insect and disease infestation and associated activities, and wildfire prevention and suppression. Motorized access to AWP for uses other than timber management and grade repair and maintenance as described above would not be approved under this access authorization. Motorized access by the Forest Service along AWP’s portion of the railroad grade would not be authorized.

This authorization would allow AWP access for long-term resource management on roughly 300 acres of AWP property located between the Blackwater River and the railroad grade. This alternative is designed to provide the access requested by AWP in a special use application submitted in July 2001. The access authorization would run between the existing gates located on the grade, an estimated 5.5 miles.

The Forest Service would convey 10 feet of access width to AWP, with additional width as required for protecting and stabilizing cut slopes. AWP would be required to perform routine maintenance along the grade, which would include such activities as cleaning culverts and ditches, and fixing any future slumps or slides. Even though the tread of the railroad grade is generally 6 feet in width, 10 feet would be conveyed in the access authorization in order to capture the ditches, culvert heads, and the tops of most of the cut slopes that AWP would be required to maintain.

AWP would maintain the grade to standards for motor vehicle use. This maintenance would be consistent with the type of planned vehicle use. The Forest Service would maintain the trail along the grade for recreational use. This trail would be retained as Forest Trail 115.

Alternative 3

Alternative 3 was developed to address the issues related to unmanaged recreation, protection of the existing recreation experiences, and protection of heritage resources. This alternative is described in terms of what is different about this alternative compared to Alternative 2.

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In addition to the motorized access provided to AWP described under Alternative 2, the Forest Service would obtain motorized and non-motorized access across the AWP owned-portion of the railroad grade in order to better manage the recreation and heritage resources, respond to forest health conditions on NFS lands, and better respond to public safety issues. This would be achieved through the use of a reciprocal authorization.

In various places in the Draft Environmental Impact Statement (DEIS) and FEIS, we refer to granting access to AWP lands as an authorization, an easement, or a permit. While any of these instruments could be used to provide for AWP access, any legal instrument that is used for implementation of this decision would include the objectives, activities, and mitigations described in the FEIS and Record of Decision for this project. Therefore the activities that would occur under this authorization and their potential impacts described in this FEIS would not change depending on the instrument of authorization.

AWP would convey 10 feet of authorized access to the Forest Service, with additional width as required for protection and stabilization of the fill slopes. The Forest Service would be required to perform routine maintenance along the grade related to managing the heritage resources and the railroad grade as a recreation trail. Even though the tread of the railroad grade managed by the Forest Service is generally 6 feet in width, 10 feet would be authorized in order to capture the ditches and most culvert outlets that the Forest Service would need to maintain.

To address the issue related to disturbing the sense of solitude that would result from motorized traffic on the railroad grade, no access for timber management or grade improvement activities would be authorized from 6:00 PM on Friday evenings through 6:00 AM on Monday mornings, except for wildfire suppression. In addition, no access for timber management would take place on national holidays. Signs notifying the public of activities would be posted by AWP at each gate two weeks prior to and during periods of timber harvest. Notification of these activities would also be posted on the Monongahela National Forest web site. The Forest would be notified at least two weeks prior to harvesting to allow for public notices to be published in local newspapers. The railroad grade can be closed to public access during periods of grade repair and timber cutting and hauling for public safety. Lastly, no snow-plowing would be authorized to protect the cross-country skiing opportunities.

To address the issue relating to mountain biking, the placement of gravel surfacing would be to the minimum level necessary to provide for vehicle access in an attempt to maintain a relatively smooth and stable base for mountain bikers.

Maintenance of the trail on the grade to standards for recreational use (e.g., hiking, biking, and skiing) would be the responsibility of the Forest Service. Maintenance of the grade for motor vehicle use would be the responsibility of AWP. This maintenance would be consistent with the type of vehicle use.

To address the issue relating to protection of heritage resources, the Forest Service has completed the consultation process required by 36 CFR 800, Protection of Historic Properties, the implementing regulations of the National Historic Preservation Act of 1966. Consultation

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with the Advisory Council on Historic Preservation, the West Virginia Division of Culture and History, and other parties resulted in the development of a Programmatic Agreement (see Appendix C to this FEIS). The Forest Service and AWP are bound by the agreement stipulations for managing heritage resources within the project area.

To address the issue relating to recreation management, this trail would be managed by the Forest Service as Forest Trail 115 and the current status of trespass on the grade by hikers would be eliminated due to the reciprocal access authorization. Improvements to the grade surface would also reduce the potential safety hazards that currently exist.

Alternative 4

Alternative 4 is similar to Alternative 3 in that it would provide for reciprocal access to the railroad grade and the same mitigation measures to reduce impacts to recreationists and heritage resources. However, it differs from Alternative 3 by allowing AWP motorized access across NFS lands along the railroad grade for the sole purposes of repairing and maintaining drainage structures to prevent further degradation, and of participating in emergency fire suppression or rescue activities, should the need arise. Conversely, this decision would not allow motorized access to AWP for conducting timber stand improvement work and light commercial thinning, or protecting forest health (including prevention of fire, disease, and pest infestations).

This alternative was developed to respond to thousands of public comments on the DEIS that the proposed action would permanently alter the natural character of the trail on the railroad grade, and adversely affect the recreational opportunities and safety of trail users. It also responds to the fact that AWP has clearly demonstrated that it can manage the timber resources, including timber harvest, on its property on the north side of the Blackwater River without the use of the railroad grade.

The intent of this alternative is to limit the amount of repair and maintenance on the grade to that needed for AWP to use the grade for the purposes described above without changing the existing grade to such a degree that current recreational opportunities and experiences would be lost or substantially impacted during the long periods when AWP is not repairing or maintaining the rail grade. The objective is to ensure and improve recreational experiences by providing legal access to the AWP portion of the grade for hikers, bikers, and skiers, and by maintaining the rail trail over the long term for their safe and continued use. Thus, this alternative goes further in addressing recreation issues (1A and 1B) than Alternative 3. It also goes further in protecting heritage resources (Issue 2) by not allowing logging trucks to use the grade.

Alternatives Considered but Eliminated from Detailed Study These alternatives were considered but eliminated from detailed study because they are infeasible, impractical, or they do not meet the purpose and need for action. More information on these alternatives is found in Chapter 2 of the FEIS.

. Purchasing of AWP Property . Condemnation of AWP Property . Mitigation on Private Lands

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. Alternative Route across NFS Lands . Expanded Easement (acreage) . Amended Management Prescription . Longer Logging Use Restriction . Limited Operation Restriction . Bridge Construction . Maintenance Agreement . Limited length of Easement

Affected Environment and Environmental Effects Chapter 3 describes the affected environment and environmental consequences. This section provides a project area description and then identifies the effects of the alternatives in relation to the issues identified previously.

Project Area Description

The Allegheny Wood Products Easement project area is the right-of-way along the railroad grade. This area would be an estimated 10 feet in width on either side of the center line of the grade that is located between the existing gates, an estimated 5.5 miles.

Ownership of the railroad grade is divided lengthwise between the United States (northern portion of the grade managed by the Forest Service) and AWP (southern portion of the grade). The Forest Service segment used to be managed as Trail 115, but has since been removed from the Forest’s trail system. Recreational use of the grade has resulted in both use on federal lands and trespassing on private lands. There are currently no features restricting recreational use to federal lands, and use patterns indicate the public is trespassing on the AWP portion of the grade.

The project area is located in Tucker County, West Virginia. The railroad grade follows the Blackwater River, linking the towns of Hendricks and Thomas, and lies between State Routes 72 and 32. Several —including Tub Run, Big Run, Flat Rock Run, and Hickory Lick Run— cross underneath the railroad grade before entering the Blackwater River.

The entire railroad grade is estimated at 9 miles in length. It is open for vehicle traffic on both ends for about 1.5 to 2 miles. The portion of the grade restricted from vehicle traffic by gates is an estimated 5.5 miles. The entire 9 miles of the grade, with its associated structures, are considered eligible for inclusion in the National Register of Historical Places as the Blackwater Industrial Complex.

A vicinity map for this proposal is located on page 1-3, and the Project Area Map is on page 1-4 of the FEIS.

Comparison of Alternatives

The following tables provide a comparison of potential effects from the alternatives on the issues and indicators described above.

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Issue 1 - Recreation

Issue and Indicator Alternative 1 Alternative 2 Alternative 3 Alternative 4 A - Changes to No change No change No change No change Recreation Opportunity Spectrum A – Mitigation to No mitigation No special Multiple mitigations Multiple mitigations address potential needed mitigation provided provided to reduce provided to reduce changes to recreation potential effects potential effects. In character addition, no logging traffic or activities would be allowed along the grade. B - Mitigation to No mitigation No special Care would be Care would be address potential needed in the mitigation provided. taken to limit the taken to limit the changes to recreation short term. Over Mountain bikers amount and amount and experience, the long term, the may find the grade placement of gravel placement of gravel especially mountain grade would more difficult to along the railroad along the railroad biking become more travel until the grade where grade where hazardous as it gravel settles and possible in an possible in an continues to becomes imbedded attempt to provide a attempt to provide a erode. in the soil. smooth surface for smooth surface for mountain biking. No mountain biking. No snow plowing of the snow plowing of the grade would be grade would be allowed. allowed. In addition, no logging traffic or activities would be allowed along the grade. C - Would the Forest No. Trail No. Trail Yes. Pending AWP Yes. Pending AWP obtain the ability to maintenance and maintenance and agreement, trail agreement, trail actively manage trespass issues trespass issues maintenance and maintenance and recreation along the would continue. would continue. trespass issues trespass issues entire width of the would be resolved. would be resolved. railroad grade?

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Issue 2 - Heritage Resources

Issue and Indicator Alternative 1 Alternative 2 Alternative 3 Alternative 4 Potential impacts to Heritage sites Adverse effects Adverse effects Adverse effects heritage resources would not be may occur from may occur to some may occur to some affected by project-related sites but a sites but there project-related activities, and reciprocal access would be less risk activities but resources would authorization would than in Alternative 3 would continue to continue to provide the due to a log hauling deteriorate without deteriorate without opportunity to restriction. Also, a the opportunity to the opportunity to address current reciprocal access address current address current problems with the authorization would problems. problems. grade and historic provide the culverts. opportunity to address current problems with the grade and historic culverts.

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