Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment
HEAVENLY MOUNTAIN RESORT 2010 CAPITAL PROJECTS ENVIRONMENTAL ASSESSMENT
Decision Notice and Finding of No Signifi cant Impact
MAY 2010
USDA FOREST SERVICE LAKE TAHOE BASIN MANAGEMENT UNIT 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 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 for 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, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. Decision Notice and Finding of No Significant Impact Heavenly Mountain Resort 2010 Capital Projects US Forest Service Lake Tahoe Basin Management Unit El Dorado and Alpine Counties, California Douglas County, Nevada
BACKGROUND The U.S. Forest Service Lake Tahoe Basin Management Unit (LTBMU) administers 7,050 acres of National Forest System (NFS) lands under a 40-year ski area special use permit (SUP) to Heavenly Valley Limited, Partnership (Heavenly). Per the LTBMU’s 1988 Forest Plan (as amended), the Heavenly SUP area is in the Heavenly Valley Management Area, which has a management emphasis on ―Alpine skiing.‖ Forest-wide and Management Area standards and guidelines provide the management direction for projects and programs across the Forest.1
In August 2009, the Forest Service accepted a proposal from Heavenly for the 2010 Capital Projects, the components of which are located on NFS lands within the resort’s SUP area. Upon receipt of the project proposal, the LTBMU conducted a Forest Plan consistency review based on Forest-wide and Heavenly Valley Management Area standards and guidelines (Project Record Document 10). Based on that analysis, the proposal was developed to be fully consistent with the 1988 Forest Plan (as amended).
The 2010 Capital Projects were included in Heavenly’s 2005 Master Plan and programmatically analyzed in a Final Environmental Impact Statement (FEIS) that was completed in 2007. The 2007 FEIS programmatically analyzed the Master Plan Amendment which included the 2010 Capital Projects; however, these projects required site-specific analysis and approval prior to implementation. Therefore, an Environmental Assessment (EA) was prepared in January 2010 to provide the required level of site-specific analysis to support a decision.
DECISION AND RATIONALE It is my decision to select Alternative 2—the Proposed Action—as described in Chapter 2 of the EA – and as summarized in this Decision Notice. My decision is based on, and supported by, the
1 USFS LTBMU 1998 Forest Plan
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 1 analysis and determinations presented in the EA as well as the supporting documentation contained in the Project Record.2 The EA fulfills the requirements of NEPA at the site-specific level. These projects are consistent with the LTBMU’s 1988 Forest Plan (as amended). My rationale for selecting Alternative 2 is discussed in the following paragraphs.
As a special use permittee, Heavenly provides a valuable public recreational opportunity on NFS lands that is enjoyed by, on average, between 800,000–1,000,000 people annually, including a large number of non-skiing sightseers. Given that this amount of use is concentrated within the 7,050-acre Heavenly SUP area (approximately 4,800 acres of which are actually used), we support the opportunities that Heavenly provides, and concur with Heavenly’s intention to address improvements across its SUP area through thoughtful planning and minimization of resource impacts.
All of the projects in this decision are within portions of the SUP area that have been developed; i.e., the top of the Gondola, California Trail, Snow Beach, and the Galaxy pod. The projects incorporate design features that will enable Heavenly to enhance the existing recreation opportunity with minimal resource impacts (See EA Table 2-2 – Summary of Environmental Consequences by Alternative, or Chapter 3 resource determinations). As an example, the location of the trails in the Galaxy pod were modified from the alignment (approximately 200 feet) described in the 2007 MPA to avoid impacting cultural resources. Required project design features and best management practices for each resource/approved project are listed in Attachment A.
My decision acknowledges that, given Heavenly’s size and position in the Lake Tahoe skiing market, opportunities for on-mountain guest services can be improved at the top of the Gondola. The top of the Gondola is Heavenly’s predominant destination access point—roughly 40 percent of skiers and riders, and all summer guests, access the mountain from the Gondola. Beginner- level guests and sightseers must download the Gondola for access to indoor food services at the base of the Gondola (EA pages 1-4 and 3-10/11). The Gondola Lodge will improve the recreation experience by providing a convenient and strategically located on-mountain guest service.
My decision modifies the Lodge location as proposed in the MPA 07. The location I am approving was selected based on its ability to:
be located at the center of all activities at the top of the Gondola area including the Tamarack lift, Big Easy lift, Tubing lift, Heavenly Flyer, Ski School and Adventure Peak;
accommodate existing skier/rider (winter) and pedestrian (summer) circulation patterns;
2 The Project Record is on file at the Lake Tahoe Basin Management Unit Supervisor’s Office.
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 2 operate and maintain the facility throughout the year (e.g., accommodate snow grooming throughout the top of the Gondola area, allow food and beverage deliveries out of the public views);
maximize views from the dining area toward the south;
facilitate interaction with nearby ski school and tubing activities;
make use of existing underground utilities; and
minimize tree removal (compared to the ―Von Schmidt’s Lodge‖ [MPA 07] location).
I have also used the USFS Built Environment Image Guide (BEIG) in considering the Gondola Lodge. The Gondola Lodge building and exterior are consistent with the BEIG and other approved structures across the SUP area. The roof slope (3:12) is not consistent with the BEIG direction to utilize steep roofs (from 6:12 to 12:12). However, in order to shed snow to the rear of the structure and not to the front where it could cause a safety concern for guests, I have accepted this deviation.
I have also considered Tahoe Regional Planning Agency (TRPA) regulation of In-Basin portions of Heavenly’s 2010 Capital Improvement Projects; the Gondola Lodge and new delivery road, relocation of the Magic Carpet and maintenance road, removal of the Umbrella Bar and temporary restroom modular facility, and implementation of the Easy Street Run Hazard Reduction Prescription (Easy Street Run HR Prescription). In-Basin portions of Heavenly (including NFS lands) are regulated by the TRPA Land Coverage Standards which regulate the amount of land coverage within the Region. This is discussed in Section 3F of the EA.
Under Alternative 2, only the new in-Basin impacts are subject to TRPA review for land coverage analysis. The relocated Magic Carpet would occur within an existing developed area, and therefore does not represent new impacts. Similarly, the California Trail is an existing feature and the implementation of the Easy Street Run HR Prescription would not increase the area of the trail. The Gondola Lodge and Umbrella Bar have been located within an existing disturbed area to the greatest extent possible. All In-Basin improvements will utilize legally banked land coverage that was field verified in 2005 by TRPA.
As Heavenly has developed engineering plans for the Gondola Lodge and moved closer to final design, there have been some modifications due to building code requirements and TRPA permit requirements. These modifications are depicted in the following table.
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 3 Updated Lodge Project Information
PROJECT COMPONENT Draft Design Final Design
Lodge 14,750 sq. ft. 14,965 sq. ft. Patio 4,320 sq. ft. 5,264 sq. ft. Number of Seats ~488 ~484 New Delivery Road to the Lodge ~300 ft. ~500 ft. Relocation of the Summer Maintenance Road ~300 ft. ~460 ft. Maximum Height of the Gondola Lodge 39 ft. 38 ft. 6 in.
In conjunction with construction of the Gondola Lodge the following actions would occur: the magic carpet lift, temporary restroom facility and associated utilities, Umbrella Bar and utility boxes would be relocated; and a slope retained by large boulders and rocks would be constructed on the west side of the Lodge (using dirt and rock material removed for Lodge construction to level the area in front of the Tamarack Express chairlift).
My decision to relocate the Umbrella Bar from the top of the Gondola to Snow Beach once the Gondola Lodge becomes operational is a practical and economical way for Heavenly to make use of an existing facility to further address the lack of on-mountain guest services (EA page 1-5). The existing facility will be improved to visually blend in with the Umbrella Bar as well as to be consistent in their exterior design with other approved structures in the SUP area. The Snow Beach facility and graphics will be repainted a natural earth-tone and additional exterior adornments will be removed.
My decision to implement the Easy Street Run HR Prescription on California Trail will make snowmaking more efficient by reducing water and energy use in the early season while still protecting populations of Tahoe Draba (See Attachment A – Project Design Features and Best Management Practices, Vegetation Resources Section).
Finally, my decision to replace and upgrade the Galaxy lift, as well as construction of new trails and underground snowmaking on existing and new trails in the Galaxy pod, will enhance this underutilized portion of the resort. In particular, skier/rider circulation between the Stagecoach pod and the Galaxy pod will be improved (EA pages 3-13 through 3-16). My decision to provide snowmaking in the Galaxy pod is consistent with the MPA 07 and will improve the skier/rider experience in this portion of the resort. Snowmaking will improve consistency of the terrain and allow Heavenly to open this pod earlier in the season which will improve skier/rider distribution (refer EA, pp. 3-13/14). My decision slightly re-aligns the new trails (U3, U4, 14, and 15) in the Galaxy pod from those shown in the MPA 07 in order to avoid cultural resources.
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 4 Based on the analysis presented in the EA and the following Finding of No Significant Impact (FONSI), I have determined that implementation of Alternative 2 will not be significant in context or intensity and does not require analysis in an Environmental Impact Statement.
ALTERNATIVES CONSIDERED The following is a summary of the alternatives considered. For a complete description of alternatives see the EA, Chapter 2, pages 2-1 thru 2-8.
Alternative 1 – No Action The No Action Alternative provides a baseline for comparing the effects of the Alternative 2. The No Action Alternative reflects a continuation of existing management practices without changes, additions, or upgrades. As such, no new trails, infrastructure, facilities, or snowmaking lines would be implemented as a result of the No Action Alternative.
Alternative 2 – the Proposed Action Alternative 2 was designed to accomplish Heavenly’s objectives of improving existing facilities and infrastructure for more efficient and enjoyable use by the recreating public. Alternative 2 includes the following components:
Gondola Lodge Alternative 2 includes constructing a new day lodge approximately 400 feet north of the top terminal of the Gondola.
The Gondola Lodge is designed to improve guest services in a critical location for Heavenly’s winter and summer operations.
The Lodge would be a single-story building providing self-service dining, a small bar, open seating and restrooms. The footprint of the building is 14,965 square feet. Indoor seating capacity would be approximately 484 seats. A 5,624-square foot concrete patio, located on the south side of the Lodge facing Adventure Peak, would accommodate tables and chairs for outside dining as weather permits.
The Gondola Lodge would be set back into a hill, on the perimeter of Von Schmidt’s Flats, to optimize skier/rider circulation. During construction, the building site would be leveled. The western end of the site would be excavated so that it is the same elevation as the east end of the site. The resulting retained slope behind the western side of the Lodge would be a maximum of approximately 33 feet high and 75 feet long with a 1.5:1 slope. Spoils from the excavation would be used to level the area in front of the Tamarack Express chairlift to reduce the amount of snowmaking needed in the winter, and to level out the old snow tubing area.
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 5 Because an existing summer maintenance road crosses the lodge site, an approximate 200-foot segment of the road would be relocated further north and east nearer to the existing handle tow lift (Red Fir lift) and approximately 260 feet would be re-aligned in front of the Lodge. Alternative 2 includes constructing a new delivery road, approximately 500 feet long, from the existing maintenance road to the rear of the Lodge for service and delivery purposes. Other than the delivery spur, no new roads would be needed for Lodge construction or operations.
The Gondola Lodge would be open in the summer to support the Adventure Peak activities. The existing barbecue at Adventure Peak adjacent to the top of the gondola would remain, however, the kitchen building, temporary restrooms and Umbrella Bar would be removed and the Umbrella Bar would be relocated, and those areas would be restored. These facilities will be improved to blend in with each other visually as well as being consistent in their exterior design with other approved structures in the SUP area.
The design of the Gondola Lodge would be consistent with applicable provisions of the Forest Service’s Built Environment Image Guide (BEIG).3 The Lodge design and operation would be LEED certified for environmental efficiency and sustainability. It would be a single-story building with a simple shed roof (3:12 pitch) that slopes from front to back in order to take advantage of existing views. The maximum height of the building would be 38.5 feet. This structure would be similar in design to the existing Gondola mid-station restrooms, Café Blue, and Gondola Sports.
Existing utilities and infrastructure in the area would be used to connect the Lodge to electricity, natural gas, fiber-optic and communication lines. Each utility extension would be approximately 150 feet long and would be installed within the maintenance road. Existing electrical switch gear that is near the lodge site would be relocated to the north and be combined with other existing electrical switch gear.
Snow Beach As discussed previously, the Umbrella Bar that is currently located at the top of the Gondola would offer repetitive services once the Gondola Lodge is constructed, and therefore would be relocated. Consistent with the MPA 07, which envisioned a seasonal, open-air shelter at Snow Beach (near the base of Patsy’s and Groove chairlifts) to accommodate additional seating, as well as additional food service and barbeque capabilities, the Umbrella Bar will be permanently relocated to this area once the Gondola Lodge is constructed. While the Umbrella Bar would not accommodate additional food service or barbeque capabilities, these services are planned for the future. Approximately 100 linear-feet of the existing summer maintenance road will be realigned to the south, around the Umbrella Bar facility.
3 FS-710
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 6 Magic Carpet Conveyor Lift In conjunction with construction of the Gondola Lodge, the existing children’s Magic Carpet ski school lift would be relocated to the Discovery Forest area near the Big Easy trail (see Figure 2). This would enable Heavenly to maintain beginner-level ski school opportunities for children and to provide adequate distance separation between the lift and the Gondola Lodge.
California Trail As discussed in the Purpose and Need (Chapter 1 of the EA), due to the topography, soils and geology throughout the Heavenly SUP area, large boulders and downed trees within developed trails present unique challenges when it comes to opening and maintaining adequately covered terrain for skiing and riding each season. Therefore, Heavenly developed the Easy Street Run HR Prescription, which was originally implemented on the Easy Street Trail. The Easy Street Run HR Prescription enables Heavenly to accomplish its operational objectives of providing adequate snowmaking coverage on key trails, while minimizing potential soil disturbance and resultant revegetation requirements and still allowing for a decrease in height of overall effective snow cover for conservation of energy and water resources (water and power needed for snowmaking). The prescription also minimizes disturbance to small-scale or micro-habitat for small rodents or wildlife which are preyed upon by northern goshawk and spotted owl. Section 3.2 of the Heavenly’s MPA 07 introduces the Easy Street Run HR Prescription; the full Prescription is contained in Appendix 3 of the MPA 07. The Easy Street Run HR Prescription includes the following objectives:
Reduce height of existing effective surface cover (felled trees, large woody debris, stumps, and boulders) to between 12 to18 inches
Reduce consumption of electrical energy and water resources
Attain and maintain the 70 percent total effective surface cover as required by the Cumulative Watershed Effects (CWE) Analysis
Protect and maintain existing native woody shrub and groundcover populations
Provide a variety of surface cover for wildlife microhabitat (shrubs, slash, plants)
The Easy Street Run HR Prescription will be implemented on an approximately 4.2-acre section of upper California Trail and a small spur between it and the adjacent Tamarack Return trail (see Figure 2). The extent of the Easy Street Run HR Prescription on California Trail was determined as based on identified Tahoe draba (Draba asterophora v. asterophora, sensitive plant species) populations within the trail, which need to be avoided. Tahoe draba are present on California Trail above elevation 9,400 feet. Because blasting and construction activities associated with the Easy Street Run HR Prescription have the potential to impact the existing draba population, a 30-
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 7 meter (100-foot) buffer between the elevation of the known draba population and the elevation of implementation of the Easy Street Run HR Prescription on California Trail has been included in the Proposed Action. The extent of the Tahoe draba populations and buffer will be verified before, during and after Easy Street Run HR Prescription on California Trail by an LTBMU botanist.
Galaxy Lift and Trail Improvements Galaxy Replacement Lift Heavenly proposes to replace the existing fixed-grip double Galaxy lift with a higher capacity detachable quad (the Galaxy Express), as discussed in the MPA 07. The lift alignment and terminal locations are identical to the existing lift. However, the high-speed quad would have a greater capacity and chair width than the fixed-grip double, necessitating a wider lift corridor. The existing lift corridor would be widened slightly to comply with ANSI B77.1 requirements— from roughly 30 feet to 33 feet wide.4 With the upgraded lift, its capacity has been calculated to increase from approximately 613 persons to 1,370 skiers-at-one-time.5 The higher capacity of this detachable lift would be accompanied by terrain additions in the Galaxy pod (discussed below).
Trees would be cut over-the-snow and placed in a location that is accessible by truck for removal during the dry season. Minor road surface improvements, including runoff control improvements and obstacle removal, would occur along segments of the existing summer maintenance road to the base terminal as part of the project.
Proposed New Trails with Snowmaking in the Galaxy Pod Heavenly proposes to increase the skiable terrain in the Galaxy pod by constructing four new trails, which would supplement the existing Galaxy and Perimeter trails. The new trails in the Galaxy pod would accommodate skiers and snowboarders that learned in the teaching area at the top of the Gondola and that are ready to progress to Intermediate terrain. All of the trails in the Galaxy pod will be Intermediate, allowing for separation between different ability levels.
Conceptual alignments of all four new trails are described in Chapter 3 of the MPA 07. The following lengths and areas are slightly different from the MPA and reflect contemporary trail planning and in some cases known cultural resources:
Proposed Trail U3 would be roughly 2,360 feet in length and approximately 5.4 acres in area.
4 ANSI B77.1 5 MPA 07 pg. 3-28
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 8 Proposed Trail U4 would be roughly 1,500 feet in length and approximately 4.2 acres are area.
Proposed Trails 14 and 15 are intended to serve as important access trails between the Stagecoach and Galaxy pods.
Proposed Trail 14 is roughly 3,500 feet in length and approximately 8.7 acres in area.
Proposed Trail 15 is roughly 2,060 feet in length and approximately 5.3 acres in area.
Below ground snowmaking infrastructure will be installed for all new trails in the Galaxy pod— U3, U4, 14 and 15—totaling approximately 23.6 acres of snowmaking capability. Approximately 9,500 linear feet of underground snowmaking line would be installed on these four new trails. Snowmaking lines would be buried to a sufficient depth below the frost line. Heavenly uses a 30- foot wide disturbance corridor for installation of snowmaking lines to accommodate the trench, excavation equipment, piping material, and a temporary spoils pile necessary for snowmaking line installation. This equates to approximately 6.5 acres of temporary ground disturbance, as disturbed areas will be promptly stabilized and revegetated.
Proposed Snowmaking on Existing Trails in the Galaxy Pod Heavenly proposes to install snowmaking infrastructure on the existing Perimeter and Galaxy trails, which are currently 100 percent reliant on natural snow for coverage. Approximately 10,800 feet of snowmaking line will be installed for these two trails, which would provide approximately 24.6 acres of new snowmaking coverage. This would entail roughly 7.4 acres of temporary ground disturbance necessary for installation of snowmaking lines.
Installation of snowmaking infrastructure would be implemented consistent with applicable provisions of the CERP.
Project Design Features, Mitigation and Monitoring Activities associated with implementation of action alternatives could have localized, short-term effects. Design features have been incorporated into the Proposed Action to minimize or avoid effects to cultural resources, scenic resources, vegetation resources, wildlife, soils and watershed, air quality and wetlands (see Attachment A).
Implementing design features as described in this decision will be the responsibility of Heavenly as monitored under the SUP. In addition to these design features, requirements of permits from regulatory agencies are incorporated into my decision. Permits include:
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 9 A TRPA Permit (No. ERSP2009-3571) has been issued for the Gondola Lodge and connected activities (magic carpet relocation, road realignment, leveling in front of Tamarack lift). Special conditions of this permit will be followed (Attachment B). A TRPA permit for relocation of the Umbrella Bar has not been issued at this time. Implementation of the Umbrella Bar relocation will not start until after a TRPA permit has been obtained. Special conditions in the TRPA permit for the Umbrella Bar relocation will be followed upon issuance of that permit.
National Pollution Discharge Elimination System (NPDES) permits from the Lahontan Regional Water Quality Control Board are required for project activities in the State of California. Heavenly is currently in the process of obtaining these permits. Any conditions of implementation required by these permits will be followed.
A building permit is required from El Dorado County. Any conditions required by this permit will be followed for both the Gondola Lodge and the relocated Umbrella Bar. PUBLIC INVOLVEMENT Alternative 2 was first listed in the LTBMU’s quarterly Schedule of Proposed Actions on October 1st, 2009. A scoping notice that detailed the proposal was provided to the public and other agencies for comment beginning on November 30th, 2009. Twenty-three letters, including five from California and Nevada state agencies, were received during the scoping period. Appendix A of the EA includes the Scoping Summary Report; all comments were identified as ―non-significant issues.‖
The EA was released for a 30 day comment period on March 13th; 19 comment letters were received. Most comments were in support of the Proposed Action. A Response to Comments is attached to this Decision Notice (Attachment C).
FINDING OF NO SIGNIFICANT IMPACT After reviewing the EA, I have determined that implementation of Alternative 2 will not, individually or cumulatively, significantly affect the quality of the human environment. The provisions of 40 CFR 1508.27 indicate that project significance must be judged in terms of both context and intensity. Based on a review of these provisions, I have determined that an Environmental Impact Statement (EIS) is not required. I base my findings on the following definitions of context and intensity as provided in 40 CFR 1508.27:
Context Context means that the significance of an action must be analyzed in several ways such as society as a whole (human, national), in the affected region, the affected interests, and the locality. The effects of implementing Alternative 2 are localized, with implications only for the
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 10 immediate vicinity of the ski area. Cumulative effects of past management, combined with the current proposal and reasonably foreseeable future actions, are displayed and analyzed in the EA for each resource.
Intensity Intensity refers to the severity of the anticipated impact. The following ten intensity factors are used to evaluate intensity:
1. Impacts may be both beneficial and adverse. I have considered both the beneficial and adverse impacts associated with Alternative 2 as presented in the EA and this Decision Notice. Alternative 2 will provide recreational benefits for users of NFS lands within Heavenly’s SUP area (EA pp. 3-12 thru 3-18) with no significant adverse effects to the human or biological environment (EA pp. 3-12 thru 3-18, 3-23 thru 3-27, 3-30 thru 3-32, 3-49 thru 3-56, 3-64 thru 3-70, 3-75 thru 3-80). Chapter 3 of the EA discloses the anticipated level of effects to all resources of concern.
2. The degree to which the proposed action affects public health or safety. Prior to construction of Alternative 2 ―Construction Zone‖ signage would be posted so that it is visible to visitors using the area for recreation. Warning signage would be provided on the Tahoe Rim Trail for travelers going either direction (north or south) in advance of the Galaxy pod construction area. During hazardous activities which require heavy equipment and vehicles such as blasting, lift removal or construction, and installation of the snowmaking infrastructure the segment of Tahoe Rim Trail that crosses the Galaxy pod would be closed; appropriate signage and staff would be provided to direct hikers during the closure (Section 3A of the EA). If over snow tree removal occurs during the ski season, the area and adjacent ski trail will be closed to public entry until tree removal activities have been suspended or are completed.
Limits of the construction zone would be demarcated so that both visitors and construction workers are aware of the working area. During construction near the top terminal of the Gondola (the Lodge and delivery road, associated relocation of the maintenance road and magic carpet; removal of the temporary toilet facility and utility boxes; and implementation of the Easy Street Run HR prescription), staff would be provided to direct visitor use away from construction.
There will be ongoing building inspections for the Lodge throughout construction. After Construction, Environmental Management will provide annual health inspections of the Lodge food service and Umbrella Bar. Post construction inspections of the chairlift are mandated by law and will be complied with by Heavenly.
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 11 3. Unique characteristics of the geographic area such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas. A portion of Heavenly’s SUP area and some of the approved projects (Gondola Lodge, California Trail improvements, and Umbrella Bar relocation) are within the Lake Tahoe Basin (watershed). To avoid potential impacts to Lake Tahoe, I have required Alternative 2 to incorporate Best Management Practices and Project Design Features (Table 2-3).
The Galaxy pod is outside of the Lake Tahoe Basin. However, trail construction and snowmaking activities in the Galaxy pod are in close proximity to several identified archaeological sites. To avoid any potential impacts to the archaeological sites, trail alignments were modified from those included in the MPA 07, project design features were incorporated into the Proposed Action (refer to Table 2-3 of the EA, Cultural Resources), and monitoring will take place before, during and after the construction process.
The new Galaxy Lift has been designed to span a delineated wetland, thus eliminating any potential impacts. Neither lift infrastructure nor replacement-associated activities will occur within the wetland. In addition, the wetland will be clearly flagged for avoidance.
By project design, and by my Decision to require Best Management Practices and the Project Design Features identified in Table 2-3, Alternative 2 will not significantly impact any of the aforementioned unique characteristics.
4. The degree to which the effects on the quality of the human environment are likely to be highly controversial. Per the 1988 Forest Plan, the desired future condition of the Heavenly Valley Management Area is ―a quality ski resort with ski runs and other disturbed areas stabilized to reduce the potential for soil erosion.‖[1] While there was opposition to the Proposed Action expressed during both the scoping and the EA comment periods (see the scoping summary - Attachment A and the Response to Comments in the EA), scoping comments helped the ID Team define the resource analyses in Chapter 3. The EA analyzes items raised during scoping such as effects to: riparian areas in the Galaxy Pod and near California Trail; sensitive plant species near the California Trail; soil resources in the Lodge project area; monitoring and modification to the Easy Street Run HR Prescription; TRPA Land Coverage; water quality and climate issues. No significant effects were identified (refer to Table 2-2 in Chapter 2 of the EA, or resource sections in Chapter 3). The 2010 Capital Projects are consistent with Heavenly’s SUP and Forest Plan direction for these NFS lands. I considered all comments received in relation to the analysis presented in the EA, the purpose and need for the Proposed Action, and Forest Plan direction. I find that the
[1] USDA Forest Service 1988, page IV-106
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 12 project is not highly controversial and issues are adequately addressed in the EA (EA pp. 1-9 thru 1-14).
5. The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks. The actions described by Alternative 2 are similar to other previously approved actions within Heavenly’s SUP area. Previously approved actions include: recently cleared trails Nova and Cloud 9; Canyon, Olympic and Powderbowl lift upgrades; Gondola top, middle and bottom terminal facility construction; and past implementation of the Easy Street Run HR Prescription on Easy Street trail. Because the actions described by Alternative 2 are similar to past actions that have occured at Heavenly, the environmental effects of implementing Alternative 2 are well known. There is uncertainty and unknown risk associated with the effects to climate change from a project as small as described in Alternative 2. I find that it is not possible to discern significant effects on climate change as a result of implementing Alternative 2. This is due to the fact: (1) Alternative 2 effects only a small area of National Forest System lands; and (2) as a result of the limited size and scope of the project, the effects of Alternative 2 cannot be meaningfully evaluated under current science, modeling, and policies.
However, recognizing that energy efficiency can be indirectly associated with climate change Alternative 2 incorporates several features that result in efficient energy use including utilization of efficient snow guns (EA, Pg. 1-18), the lodge design and operation will be LEED certified (EA, Pg. 2-4), and implementation of the Easy Street Run HR Prescription on all new trails U3, U4, 14, 15, and California Trail (EA, Pg. 2-5 – 2-7). In addition to these project specific energy efficiencies, Vail Resort has implemented an energy layoff plan in which their goal is to reduce company-wide energy use by 10% in two years (EA, pg. 1-17 – 1-18).
I have determined that there will not be significant effects on the human environment which are highly uncertain or that would involve unique/unknown risks as a result of implementing this decision.
6. The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration. My decision does not establish a precedent for future actions within Heavenly's SUP area. I've considered all connected actions (i.e., utilities, construction staging) associated with Alternative 2 and no additional actions, other than those identified in the alternative description, are required (EA, Pg. 2-3 – 2-9).
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 13 7. Whether the action is related to other actions with individually insignificant but cumulatively significant impacts. Alternative 2, when considered along with any past, present, or foreseeable future actions, does not result in cumulatively significant impacts. Cumulative effects are disclosed, by resource, throughout Chapter 3 of the EA (pp. 3-1 to 3-4, 3-17/18, 3-26/27, 3-32, 3-55/56, 3-69/70, 3-80).
8. The degree to which the action may adversely affect districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places or may cause loss or destruction of significant scientific, cultural, or historical resources. Trails in the Galaxy pod have been slightly re-aligned from the conceptual alignment contained in the MPA 07 in order to avoid known cultural resources. Because the trails avoid known cultural resources, the Easy Street Run HR Prescription on each of the approved trails is not anticipated to impact cultural resources. Belowground snowmaking is approved on these new trails as well as on existing trails Perimeter (U1) and Galaxy (U2). To avoid direct impacts to segments of the historic wood haul road that crosses approved trails 14 and U3, snowmaking lines will need to be laid in a horizontal boring beneath the historic grades, thereby eliminating any disturbance to the surface grade. Additional project design features established to minimize impacts to cultural resources are identified in Table 2-3 of the EA. Concurrence from the Nevada State Historic Preservation Office has verified these Findings (Project Record Document 8).
Therefore, Alternative 2 will not adversely affect listed or eligible resources on the National Register of Historic Places (Project Record Document 3, EA pp. 3-28 thru 3-32).
9. The degree to which the action may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act of 1973. This action will have a ―no effect‖ to threatened or endangered species as these species and critical habitat are not known to occur in the project area (Project Record Document 2).
10. Whether the action threatens a violation of Federal, State, or local law or requirements imposed for the protection of the environment. I have reviewed the EA and the project file, and have determined that no Federal, State, or local laws, regulations, or requirements for protection of the environment will be violated with implementation of Alternative 2.
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 14 FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS As Forest Supervisor for the Lake Tahoe Basin Management Unit, I am required to manage the Forest in accordance with applicable laws and regulations. In reviewing the EA, I have concluded that my decision is consistent with the following key laws, regulations, and requirements (EA pp. 1-14 thru 1-16):
1998 LTBMU Forest Plan, as amended
Clean Water Act of 1977, as amended
Endangered Species Act (ESA) of 1973, as amended
Migratory Bird Treaty Act of 1918
National Environmental Policy Act (NEPA) of 1969, as amended
6 National Forest Management Act (NFMA) of 1976
National Forest Ski Area Permit Act of 1986, as amended
National Historic Preservation Act (NHPA) of 1966, as amended
Protection of Wetlands Executive Order 11990
My decision only applies to NFS lands as analyzed within the EA. I am not anticipating further site-specific NEPA to implement this project. Construction of the Gondola Lodge, a slope retained by boulders and rocks, and a new delivery road, relocation of the summer maintenance road and magic carpet will occur during the summer of 2010. Other projects associated with the Gondola Lodge such as relocation of the Umbrella Bar to Snow Beach and removal of the temporary restroom modular facility and associated utilities are anticipated to occur during the summer of 2010 in conjunction with implementation of the Lodge. Upgrading the Galaxy chairlift and implementation of the new trails and snowmaking in the Galaxy pod are likely to begin in spring 2011 and in time for the 2011/12 season. The Easy Street Run HR Prescription on California Trail will also occur in 2011.
ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNITY This decision is subject to administrative review (appeal) pursuant to 36 CFR Part 215. Individuals or organizations who provided comments or otherwise expressed interest in the proposal by the close of the comment period are eligible to appeal the decision pursuant to 36 CFR part 215 regulations. The notice of appeal must meet the appeal content requirements at 36 CFR 215.14.
6 NFMA is the primary statute governing the administration of national forests. Among other things, it requires that each National Forset develop and implement a resource management plan. As noted, a forest plan consistency analysis was prepared for this EA.
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 15 The appeal must be filed (regular mail, fax, email, hand-delivery, or express delivery) with the Appeal Deciding Officer at:
Randy Moore, Regional Forester USDA Forest Service Pacific Southwest Region 1323 Club Drive Vallejo, CA 94592 Email: [email protected] Phone: (707) 562-8737 Fax: (707) 562-9091
The office business hours for those submitting hand-delivered appeals are: 7:30 a.m.to 4:00 p.m. Monday through Friday, excluding holidays. Electronic appeals must be submitted in a format such as an email message, plain text (.txt), rich text format (.rtf), or Word (.doc) to the email address listed above. In cases where no identifiable name is attached to an electronic message, a verification of identity will be required. A scanned signature is one way to provide verification.
Appeals, including attachments, must be filed within 45 days from the publication date of this notice in the Tahoe Daily Tribune, the newspaper of record. Attachments received after the 45 day appeal period will not be considered. The publication date in the Tahoe Daily Tribune, newspaper of record, is the exclusive means for calculating the time to file an appeal. Those wishing to appeal this decision should not rely upon dates or timeframe information provided by any other source.
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI 16 ______
IMPLEMENTATION DATE If no appeals are filed within the 45-day time period, implementation of the decision may occur on, but not before, five (5) business days from the close of the appeal filing period. When appeals are filed, implementation may occur on, but not before, the 15th business day following the date of the last appeal disposition.
CONTACT For additional information concerning this decision or the Forest Service appeal process, contact:
Matt Dickinson Lake Tahoe Basin Management Unit 35 College Drive South Lake Tahoe, CA 96150 Phone (530)543-2835, Fax (530)543-2693
o / o 1TEJ4R1MARe’ERON DATE /c (,órest Supervisor i ake Tahoe Basin Management Unit
Heavenly Mountain Resort 2010 Capital Projects Decision NoticeIFONSI 17 Attachment A
Project Design Features and Best Management Practices
CULTURAL RESOURCES Any previously unidentified archaeological remains discovered or exposed during project implementation will be afforded full protection, including stopping work and roping off the area. Upon discovery of previously unidentified archaeological remains, the Forest Service will be immediately notified. Work will not proceed until authorized to proceed by the authorized officer. The protection areas will be clearly marked as generic ―sensitive zones‖ on all project maps, which will be approved by the LTBMU Heritage Resource Program Manager. Heritage resource locations will remain confidential. The new trail alignments for U3, U4, 14 and 15 are in close proximity to several archaeological sites and direct impacts due to construction are a possibility. Trail construction and associated snowmaking activities will avoid all known cultural properties by keeping workers and equipment out of the ―sensitive zones.‖ Ski trails will be cleared by over-the-snow tree removal to minimize ground disturbance. Although stumps will be flush-cut when the ground is clear of snow and the archaeological sites are exposed, all work in proximity to sites will be carried out by hand and vehicles will be prohibited from entering the area. Slash and wood debris will be chipped into newly cleared trails away from the known historic sites in the Galaxy pod. New snowmaking pipelines will be buried below frost line along the edges of all runs within the Galaxy pod. To avoid direct impacts to segments of the historic wood haul road which crosses the new trail alignments in the Galaxy pod, sections of snowmaking line identified in the cultural report will be laid in a horizontal boring beneath the historic grades to eliminate any disturbance to the surface grade. Annually, during the ski season, a barrier will be placed around the historic sites in the Galaxy pod that have high-profile features. Fencing, or rope and bamboo stakes will be temporarily installed to restrict access by skiers and riders. The barriers will be adjusted throughout the season, to ensure protection of the historic sites. As necessary, the Forest Service may require additional measures to protect the historic sites. Monitoring will take place by an archeologist prior to tree removal on new trails in the Galaxy pod in order to re-check trees marked for removal in relation to flagged site locations. Monitoring will take place by an archeologist during tree removal and skidding of U3, U4, 14 and 15 to insure directional falling away from sites, and during hand work involving stump removal in the Galaxy pod. Monitoring will take place by an archeologist during chipping activities in the Galaxy pod to confirm that chips are directed into new trails and away from any historic site, and that equipment and other rubber tire vehicles are prohibited from entering the immediate area of the historic site. When trail construction on U3, U4, 14 and 15 is within 100 feet of a historic property, an archaeologist will be on site to ensure protective measures are implemented and effective. All cultural sites in the Galaxy pod will be monitored: 1) upon completion of the construction activity, 2) during the ski season to insure that protective fencing installed around high-profile features is correctly in place, 3) following the ski season to assess each site’s conditions. A monitoring form will be completed to document these efforts. SCENIC RESOURCES Trail edges on U3, U4, 14 and 15 will be non-linear, and changes in tree heights along the edges of openings will be gradual rather than abrupt. Soften hard edges by selective removal of trees of different ages and heights to produce irregular corridor edges where possible.
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI A-1 Attachment A
Project Design Features and Best Management Practices Any site grading related to lift terminals, summer access roads, the Gondola Lodge and Umbrella Bar will blend disturbance into the existing topography to achieve a natural appearance and minimize cuts and fills at the transition with grading and existing terrain. The Gondola Lodge, lift terminals, towers, and chairs need to minimize reflectivity by using materials and colors that meet reflectivity standards. Any exterior galvanized metal or other reflective surfaces on the Gondola Lodge, lift terminals, towers, and chairs will be treated or painted dark non-reflective colors that blend with the forest background to meet an average neutral value of 4.5 or less as measured on the Munsell neutral scale. The Gondola Lodge and slope retained by boulders and rocks at the top of the Gondola, new Galaxy lift terminals, towers and chairs, need to meet color guidelines. Bright colors are inappropriate for the forest setting. The colors will be muted, subdued colors because they blend well with the natural color scheme. WILDLIFE Prior to and during construction of the Gondola Lodge and associated relocation of the magic carpet and access roads; the Galaxy chairlift, trails and snowmaking infrastructure, relocation of the Umbrella Bar to Snow Beach and associated road relocation; and implementation of the Easy Street Run HR Prescription on California Trail, implement Mitigation Measure (HMPA FEIS 2007) BIO-2 Active Raptor and Migratory Bird Nest Site Protection Program. BIO-2 states: Pre-construction surveys, conducted during the nesting season immediately prior to project construction, shall be conducted to identify any active raptor nest sites within the project. During initial construction activities (tree removal), a Forest Service qualified biological monitor shall be onsite to evaluate whether any raptors or migratory birds are occupying trees within 100 feet of the construction corridor. The biological monitor will have the authority to stop construction near occupied trees if it appears to be having a negative impact on nesting raptors or migratory birds or their young observed within the construction setbacks of the project area. If construction is stopped, the monitor must consult with, Forest Service staff within 24 hours to determine appropriate actions to continue construction while reducing impacts to identified raptors or migratory birds. Refuse containers near the Gondola Lodge and the relocated Umbrella Bar shall be designed to be wildlife proof to prevent access by wildlife species. Refuse containers will be emptied on a regular basis when being used by the workers or visitors. At this time none of the proposed actions are located inside or within 0.25 mile of a PAC. Annual California spotted owl and northern goshawk surveys will continue to be performed throughout the Heavenly SUP area in accordance with the accepted protocol and the Sierra Nevada Forest Plan Amendment Record of Decision (SNFPA ROD, January 2004). If either species are detected within the project area and determined to be nesting, a Protected Activity Center (PAC) will be delineated in accordance with the SNFPA ROD. If a PAC is delineated with 0.25 mile of a project area prior to construction, a Limited Operating Period would be implemented which would limit construction activities and vegetation treatments during the breeding season (March 1 through August 31 for California spotted owl) and (February 15 through September 15 for northern goshawk). The LOP may be waived if surveys confirm nesting is not occurring or if the activity is of such scale and duration that will not impact breeding California spotted owls or northern goshawks. VEGETATION RESOURCES Prior to construction, the disturbance limits of the project site will be identified. Pop fencing, flagging, or a staked rope line will be established to denote the limits of construction proximate to sensitive resource boundaries including cultural resources sites, the Daggett Creek SEZ and wetlands in the Galaxy pod and the Tahoe draba buffer on California Trail. Tree removal related to installation of the Galaxy Express, as well as U3, U4, 14 and 15 trail construction, will be conducted over-the-snow. Stumps will be flush-cut once snow has melted. Trees shall be felled away from the Daggett Creek stream channel so as to minimize disturbance.
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI A-2 Attachment A
Project Design Features and Best Management Practices The lowest elevation extent of Tahoe draba habitat on California Trail will be flagged prior to implementation of the Easy Street Run HR Prescription. A Forest Service Botanist/Ecologist will either 1) flag the population’s extent or 2) will approve flagged extent and will verify the flagged extent during and after implementation. All construction activities shall be at least 100 feet away from the identified extent of Tahoe draba, which is approximately 9,400 feet in elevation. This will represent the limit for which this prescription can be implemented. Minimize loss of Tahoe draba plants by installing protective fencing along the buffer established 100 feet downhill of known Tahoe draba habitat located uphill of the project area on California Trail. Fencing installed prior to the onset of construction on California Trail, shall be at least 4 feet in height. Fencing will be maintained throughout the duration of construction activities and removed upon completion of the project and prior to the opening of the ski season. Areas disturbed during project construction or implementation, excluding the Gondola Lodge site or new and relocated road surfaces, will be revegetated after the site has been satisfactorily prepared. Areas that would be revegetated include: Disturbed areas adjacent the Lodge structure, the relocated road, the magic carpet; and the Umbrella Bar; The abandoned temporary restroom and Umbrella Bar locations; and Within new ski trails and snowmaking infrastructure corridors in the Galaxy pod Seeding will be repeated until satisfactory revegetation is accomplished according to Forest Service Specialists. Revegetation will be accomplished with Forest Service approved plants and seed mixtures. Implementation of the Easy Street Run HR Prescription on California Trail shall lop and scatter wood debris, shrubs and other vegetative material, rather than chipping these materials. Fences and blasting operations near Tahoe draba on California Trail shall be monitored for the duration of the construction season by contractors, Heavenly staff, and/or botanists to ensure blasting operations are not resulting in material entering the 100 foot buffer. All gravel, fill, mulches or other materials used for implementation will be weed free. Use onsite sand, gravel, rock or organic matter where possible. Otherwise, obtain materials from gravel pits and fill sources that have been determined to be weed-free by the Forest Service Botanist or Ecologist. All new ski trails will be constructed by ―flush cutting‖ removed trees to a height of approximately 6 inches or less from the ground surface. This trail preparation method avoids the need to disturb the remaining stumps and/or surrounding soils, thereby minimizing overall ground disturbance and existing vegetation. Upon completion of ground disturbing activities a minimum of 2 inches of mulch will be applied (2007 EIR/EIS/EIS Appendix 2-B, pg. 24). This applies to the following locations: Disturbed areas adjacent the Lodge structure, the relocated road surfaces, the magic carpet; and the Umbrella Bar at Snow Beach; The abandoned temporary restroom and Umbrella Bar locations at the top of the Gondola; and Within new ski trails and snowmaking infrastructure corridors in the Galaxy pod. Understory vegetation will be retained during construction of new trails U3, U4, 14 and 15 to the extent possible by removing felled trees and minimizing construction traffic in all areas designated for flush cutting and/or overstory vegetation removal. Prior to removal of trees from the Galaxy pod, decking areas and removal routes will be designated in the field and approved by the Forest Service.
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI A-3 Attachment A
Project Design Features and Best Management Practices Topsoil replacement, seeding, and weed-free mulching (as necessary) will be used to stabilize disturbed soils in: Disturbed areas adjacent the Lodge structure, the relocated road surfaces, the magic carpet; and the Umbrella Bar at Snow Beach; The abandoned temporary restroom and Umbrella Bar locations at the top of the Gondola; and Within new ski trails and snowmaking infrastructure corridors in the Galaxy pod, where grading and soil disturbance will occur to promote native plant re- establishment.
Equipment will be washed prior to entering NFS lands, or coming from an area known to contain non-native invasive species. This includes construction personnel vehicles in addition to trucks and other heavy equipment. Known populations of bull thistle (Cirsium vulgare) and tall white-top (Lepidium latifolium) occur adjacent to the location of the relocated Umbrella Bar at Snow Beach. These populations will be treated or ―flagged and avoided‖ according to Forest Service instruction. Botanists will be given 1) sufficient time to arrange for treatment of the weeds, and 2) Heavenly and the Forest Service will coordinate to identify known locations of the weeds near the project area. Monitor construction areas and areas disturbed by this project for noxious weeds and treat any noxious weeds found.
SOILS & WATERSHED Ground disturbing activities associated with construction of the Lodge, relocation of maintenance roads and magic carpet, removal of utilities and the temporary restroom facility, implementation of Easy Street Run HR Prescription on California Trail, relocation of the Umbrella Bar to Snow Beach, trail construction, lift construction and installing snowmaking infrastructure in Galaxy pod will be conducted in accordance with Heavenly’s Revised Construction Erosion Reduction Program (MPA 07 Appendix 2B). Tree-removal for trail construction and chairlift corridor widening will occur entirely over snow. A 24 inch minimum snow depth is required. Staging areas for construction materials and equipment, and decking areas, shall be restricted to paved surfaces, areas adjacent to the building site and previously disturbed areas and shall be fitted with temporary BMPs, including construction limit fencing. Temporary staging and storage areas not located on paved surfaces shall be identified on the site through use of vegetation protection fencing and erosion control fencing where appropriate Existing, native ground cover located within the new trail alignments and the widened lift corridor in the Galaxy pod will be retained to the extent possible during construction to minimize erosion. Existing roads will be used for construction and routine maintenance of any approved project components. Surface netting or similar technique would be used in conjunction with mulching will be used to reduce the erosion hazard in areas where slope or other characteristic makes the location highly susceptible to erosion during the revegetation process, such as fill banks and steep slopes in the Galaxy pod. Vegetative removal within the Daggett Creek SEZ will include directional felling, hand treatments and end lining. This does not include the delineated wetland along Daggett Creek which will not be impacted. In all areas where approved grading or soil disturbance will occur, topsoil (when present) will be separated, stockpiled and re-spread following slope grading and prior to re-seeding. Initiating new soil-disturbing activities related to the 2010 Capital Projects will be avoided prior to during periods of forecasted heavy rain (greater than or equal to 1 inch in 24 hours rain event, or prolonged periods or rain over a 48 hour period exceeding a total of 2.5 inches) as well as implementation monitoring of temporary BMPs to ensure they have been maintained.
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI A-4 Attachment A
Project Design Features and Best Management Practices Areas determined by the Forest Service hydrologist or soil scientist to have been compacted by construction activities may require mechanical sub-soiling, scarification, or similar technique to the compacted depth to reduce bulk density and restore porosity. AIR QUALITY To the extent feasible, the Gondola Lodge, relocated Umbrella Bar, Galaxy Lift, snowmaking lines and magic carpet will be installed promptly in order to reduce the potential for dust emissions. The area disturbed by clearing, earth moving, or excavation activities will be kept to a minimum at all times, allowing improvements to be implemented in sections. Areas approved for ground disturbance and construction access roads will be watered as necessary and practical to prevent excessive amounts of dust.
WETLANDS Flag and avoid the wetland on the Galaxy trail during construction of new trails and the upgraded lift in the Galaxy pod.
RECREATION During hazardous activities such as blasting, lift removal, or installation of the snowmaking infrastructure that requires heavy vehicles, the segment of Tahoe Rim Trail crossing the Galaxy pod will be closed. Appropriate signage and staff would be provided, to direct hikers during the closure. Prior to construction ―Construction Zone‖ signage would be posted so that they are visible to visitors using the area for recreation. Warning signage would be provided on the Tahoe Rim Trail for travelers going either direction (north or south) in advance of the Galaxy pod construction area. During hazardous activities which require heavy equipment and vehicles such as blasting, lift removal or construction, and installation of the snowmaking infrastructure the segment of Tahoe Rim Trail that crosses the Galaxy pod would be closed; appropriate signage and staff would be provided to direct hikers during the closure. During construction near the top terminal of the Gondola (the Lodge and delivery road, associated relocation of the maintenance road and magic carpet; removal of the temporary toilet facility and utility boxes; and implementation of the Easy Street Run HR prescription), staff would be provided to direct visitor use away from construction. If over snow tree removal occurs during the ski season, the Galaxy area and adjacent ski trails will be closed to public entry until tree removal activities have been suspended or are completed.
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI A-5 Attachment A
In addition to Project Design Features and Best Management Practices described above, the new trails in the Galaxy pod would be constructed according to Heavenly’s Revised Construction Erosion Reduction Program (CERP), and as outlined in the Easy Street Run HR Prescription. Heavenly has successfully implemented this prescription in conjunction with snowmaking line installation in the past, and has found that the excavator used to dig the trench helped facilitate the treatment of the logs, stumps and rock ―topping‖ that is a part of the prescription. Installation of snowmaking infrastructure would be implemented consistent with applicable provisions of the CERP.
Heavenly’s Revised CERP includes the following:
General Ski trail boundaries shall be delineated with a rope boundary fence to ensure areas outside the new ski trails are not disturbed by construction.
Trees that are 20 inches or less in diameter will be chipped.
All logs that remain on site will be trimmed of branches so that all branches that are lower in height than the diameter of the log remain in order to provide micro-scale habitat for rodents and small mammals.
Logs that remain onsite will be aligned across the slope of the ground surface.
Boulders shall be capped to a height of 12 to 18 inches.
All construction activities shall comply with the Best Management Practices for General Construction and Ski Trail Construction designated in the Revised Construction Erosion Reduction Program.
Tree Felling The Forest Service shall mark all trees on the bole and stump with paint.
All trees will be hand-felled with a chainsaw, and directional felling will be utilized to avoid damage to unmarked trees, Stream Enforcement Zone (SEZ)/stream channels, and cultural resources.
Stumps shall be kept to a height of 6 inches or less on the uphill side, except where safety or embedded metal makes this impracticable.
Borax tree stumps in the summer following flush cutting.
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI A-1 Attachment A
Skidding/Yarding All tree removal shall take place during sufficient snow cover (24-inch minimum) so as not to disturb soils and/or vegetation.
Trees with significant rot and other cull requirements shall not be stacked in decks or piles that will concentrate potential fuels.
Sound trees to be removed from the forest will be removed over snow to the East Peak Borrow Area, or other designated staging areas.
Slash Disposal Tree tops and limbs shall be lopped and scattered by hand across the slope to help with erosion control. The slash shall be lopped down to a height of 18 inches or less above the ground to reduce obstacles for skiers.
The amount of woody material scattered in areas with vigorous populations of pine mat manzanita or other existing ground cover will be kept to a minimum in order to avoid damage or dieback of these populations.
Stream Zones When tree removal will occur within the Daggett Creek SEZ, in and around the intersection of trails U4 and 15 and the intersection of U3 and Galaxy trail, trees will be directionally felled away from the SEZ.
Felled trees and harvest slash shall be kept out of all perennial and intermittent streams.
Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI A-2 TAHOE Mail Location Contact REGIONAL P0 Box5310 128 MarketStreet Phone: 775-588-4547 Fax: 775-588-4527 I PI..ANNING Stateline, NV89449-5310 Stateline, NV89449 :. :- www.trpa.org I AGENCY - - March 26,2010
Andrew Strain Heavenly Valley Limited Partnership P.O. Box 2180 Stateline, NV89449
HEAVENLYRESORT GONDOLA LODGE PROJECT, 4480 LAKETAHOE BOULEVARD SOUTH LAKETAHOE, EL DORADOCOUNTY,CALIFORNIA,ASSESSOR’S PARCEL NUMBER (APN) 030-030-01, TRPA FILE NUMBER ERSP2009-3571
Dear Andrew:
Enclosed please find a Tahoe Regional Planning Agency (TRPA) permit and attachments for the project referenced above. TRPA will acknowledge the permit only after all standard and special conditions of approval have been satisfied. Failure to satisfy these conditions of approval willcause unnecessary time delays. TRPA acknowledgement is required prior to application to other reviewing agencies and commencement of construction.
Please schedule an appointment with me to finalize your project. Due to time demands, TRPA cannot accept drop-in or unannounced arrivals to finalize plans.
Pursuant to Rule 11.2 of the TRPA Rules of Procedure, this permit may be appealed within twenty-one (21) days of the date of this correspondence; April 15, 2010.
Please note that combined security and mitigation fee payments can be accepted. Acceptable ways to post a security are listed in the enclosed handout entitled “Attachment J.”
Please feel free to call me ifyou have any questions regarding this letter or your permit in gen
Sincer y
D ciL. Landry enior Plann
Environm I Review Services
Enclosures
/dll - TAHOE Mail Location Contact REGIONAL PC Box5310 128 MarketStreet Phone: 775-588-4547 Fax: 775-588-4527 PLANNING Stateline, NV89449-5310 Stateline,NV89449 wwwtrpa.org AGENCY CONDITIONALPERMIT-
PROJECT DESCRIPTION: Construct new day skier lodge APN 030-030-01 Relocate surface ski lift(Magic Carpet)
PERMITTEE: Heavenly Valley Limited Partnership FILE # ERSP2009-3571
COUNTY/LOCATION: El Dorado County, 4480 Lake Tahoe Blvd.
Having made the findings required by Agency ordinances and rules, TRPA Governing Board approved the project on March 24, 2010, subject to the standard conditions of approval attached hereto (Attachment Q) and the special conditions found in this permit.
This permit shall expire on March 24, 2013, without further notice unless the construction has commenced prior to this date and diligently pursued thereafter. Commencement of construction consists of pouring concrete for a foundation and does not include grading, installation of utilitiesor landscaping. Diligent pursuit is defined as completion of the project within the approved construction schedule. The expiration date shall not be extended unless the project is determined by TRPA to be the subject of legal action which delayed or rendered impossible the diligent pursuit of the permit.
NO CONSTRUCTION OR GRADING SHALLCOMMENCE UNTIL: (1) TRPA RECEIVES A COPY OF THIS PERMIT UPON WHICH THE PERMITTEE(S) HAS ACKNOWLEDGED RECEIPT OF THE PERMIT ANDACCEPTANCE OF THE CONTENTS OF THE PERMIT; (2) ALLPRE-CONSTRUCTION CONDITIONS OF APPROVAL ARE SATISFIED AS EVIDENCED BYTRPA’S ACKNOWLEDGEMENTOF THIS PERMIT; (3) THE PERMITTEE OBTAINS APPROPRIATE COUNTY PERMIT. TRPA’S ACKNOWLEDGEMENTMAYBE NECESSARY TO OBTAINA COUNTY PERMIT. THE COUNTY PERMIT ANDTHE TRPA PERMIT ARE INDEPENDENTOF EACH OTHER AND MAYHAVE DIFFERENT EXPIRATIONDATES AND RULES REGARDING EXTENSIONS; “JD (‘ TRPA PRE-GRADING INSPECTION HAS BEEN CONDUCTED WITH THE PROPERTY NER AND/OR THE CONTRACTOR. 7 /2 signee Date/ 7 /I
1MITTEES’@CEPTANCE: I have read the permit and the conditions of approval and
3rstand and accept them. I also understand that I am responsible for compliance with all the conditions of the permit and am responsible for my agents’ and employees’ compliance with the
permit conditions. I also understand that ifthe property is sold, I remain liable for the permit conditions until or unless the new owner acknowledges the transfer of the permit and notifies
TRPA in writing of such acceptance. I also understand that certain mitigation fees associated
with this permit are non-refundable once paid to TRPA. I understand that it is my sole responsibility to obtain any and all required approvals from any other state, local or federal agencies that may have jurisdiction over this project whether or not they are listed in this permit. Signature of Permittee(s). Date
(PERMIT CONTINUED ON NEXT PAGE)
HeavenlyGondola Lodge Page 2 of6 030-030-0 1/ERSP2009-351 7 ______
APN 030-030-01 FILE NO. ERSP2009-3571
Security Posted (1): Amount $ Type Paid Receipt No.______
Security Administrative Fee (2): Amount $______Paid Receipt No.______
CFA Transfer Security Posted (3): Amount $ 5,000 Type Paid Receipt No.______
Security Administrative Fee (4): Amount $______Paid Receipt No.______
Notes: (1) Amount to be determined. See Special Condition 5.F, below. (2) $152 ifa cash security is posted or $138 ifa non-cash security is posted. (3) Amount to be determined. See Special Condition 6, below. (4) $152 ifa cash security is posted or $138 ifa non-cash security is posted.
Required plans determined to be in conformance with approval: Date:
TRPA ACKNOWLEDGEMENT: The permittee has complied with all pre-construction conditions of approval as of this date and is eligible for a county building permit:
TRPA Executive Director/Designee Date
SPECIAL CONDITIONS
1. This permit specifically authorizes the construction of a new single story day lodge located near the base of the Gondola ski lifton the California side of the Heavenly Mountain Ski Resort. The lodge is authorized to be approximately 14,720 square feet in area with a maximum height of 38 feet 6 inches. The lodge willaccommodate food and beverage services, a small bar area, a 484 seat dinning area, restrooms and an exterior poured- in- place concrete deck on the southeast side of the building. Other authorized work shall include the relocation of a 200 foot segment of the existing summer maintenance road to the east of the proposed building footprint and a service access road spur to the back of the lodge. Additional work willinclude the relocation of the existing 100-foot long children’s Magic Carpet ski school liftto the ‘Discovery Forest’ located to the east.
2. The standard conditions of approval listed in Attachment Q shall apply to this permit.
3. Allconstruction details, best management practices (BMP5), and mitigation measures outlined in the FEIR/EIS/EIS for the Heavenly Mountain Resort Master Plan Amendment 2007 are required whether or not explicitlydiscussed in this permit.
4. Alldesign elements shall be consistent with the applicable section of the Forest Service BuiltEnvironment Image Guide for buildings on National Forest Lands as indicated in the Heavenly Mountain Resort Master Plan Amendment EIRIEIS/EIS Mitigationand Monitoring Plan section 7.5-27. Heavenly Gondola Lodge Page 3 of 6 030-030-O1/ERSP2009-351 7 5. Prior to final permit acknowledgement the following conditions of approval shall be satisfied.
A. The permittee shall revise the site plan to include:
(1) A note stating that any and all vegetation shall be consistent with the requirements of Chapter 30 of the TRPA Code of Ordinances, including the specification for sizing and species type.
(2) Identification of construction equipment staging, material storage, and employee parking areas. These areas shall be restricted to paved surfaces, areas adjacent to the building site and previously disturbed areas and shall be fitted with temporary BMPs, including construction limitfencing. Temporary staging and storage areas not located on paved surfaces shall be identified on the site through use of vegetation protection fencing and erosion control fencing where appropriate.
(3) A note indicating that all colors for the proposed structures willbe painted colors that are consistent with approved color samples that willbe submitted to TRPA prior to permit acknowledgment.
(4) A note indicating that any metal structures not painted a TRPA approved color willbe acid treated to reduce reflectivityfor scenic mitigation measures.
B. The permittee shall submit a projected construction completion schedule to TRPA prior to acknowledgment. Said schedule shall include completion dates for each item of construction demonstrating completion by Oct th15 of each construction season.
C. The permittee shall submit calculations demonstrating that the proposed infiltration facilities are sized accordingly for the slope and soil type of the property and will capture and infiltratea 20 year/i hour storm event.
D. The permittee shall submit a detailed plan of construction outlining all elements of construction including methods of construction, construction access, equipment types, dust control, construction schedule, cleanup operations, temporary BMPs, and site restoration and permanent BMP installation.
E. The permittee shall submit a BMP maintenance and monitoring plan detailing the annual maintenance for all BMPs installed on the property.
F. The security required under Standard Condition B of Attachment 0 shall be equal to 110 percent of all required Best Management Practices required for the project, but not less than $10,000. Please see Attachment J, Security Procedures, for appropriate methods of posting the security and for calculation of the required security administration fee.
Heavenly Gondola Lodge Page 4 of 6 030-030-OilERS P2009-3517 G. The permittee shall comply with all applicable Mitigationand Monitoringmeasures in accordance with the approved Heavenly Mountain Resort Master Plan Amendment EIR/EIS/EIS.
H. The permittee shall provide (3) three sets of the final plans for TRPA Acknowledgement.
6. The new Gondola Lodge is conditionally permitted for use or operation during off winter season day use periods providing that the relocation/transfer of CFA willoccur once the building is open and ready for summer use and is subject an additional security and final TRPA inspector approval.
7. Per the amended TRPA Soils/Hydrological approval dated December 24, 2009, the permittee shall not excavate more than twenty (20) feet below ground surface (bgs) for the new lodge as measured at the location where the floor meets the foundation wall. All original conditions of the Soils/Hydrological approval shall be adhered to.
8. Allwork associated with this permit requiring use of any heavy equipment or vehicles shall take place within existing compacted roadways or along existing compacted dirt shoulders. Any work requiring minor temporary disturbance to existing vegetation or undisturbed areas shall employ the use of land mats and other protective devices.
9. Allareas temporarily disturbed by construction shall be immediately (within48 hours) reseeded/re-vegetated and mulched.
10. Alltemporary soil stockpiles shall be appropriately covered with tarps and contained by temporary erosion control fences and/or coir logs with gravel bags.
11. No grading or excavation shall be permitted except as shown on the plans for building and parking improvements.
12. Where and when suitable, excess excavated material from lodge area is allowed to be utilized in areas adjacent to lodge providing these areas are stabilized with a TRPA re vegetation prescription plan. Any excess material not used on site shall be hauled offsite to a TRPA approved location. No fillsor re-contouring, other than those indicated on submitted approved plans shall be allowed.
13. Alltemporary erosion control structures must be maintained until disturbed areas are stabilized or sufficiently re-vegetated. Temporary erosion control structures shall be removed once the site has been stabilized or re-vegetated.
14. Any and all new signs or changes to existing signs associated with the project shall be reviewed and approved in accordance with the Forest Service /TRPA MOU.
15. Any and all exterior lighting shall be consistent with TRPA Code of Ordinances, Chapter 30, Section 30.8, Exterior Lighting Standards to be (downward facing, shielded, low voltage lighting standards).
16. The permittee is responsible for ensuring that the project meets all federal, state, and county regulations and design specifications. Heavenly Gondola Lodge Page 5 of 6 030-030-O1/ERSP2009-351 7 17. Any discovery of a TRPA sensitive species or species of interest shall immediately be reported to the TRPA Environmental Compliance Division and all construction shall cease. Any discovered nests, dens, or plant species locations shall be protected in accordance with TRPA guidelines.
18. Any discovery of historic or cultural resources shall immediately be reported to the TRPA Environmental Compliance Division and all construction shall cease. Any discovered historic or cultural resources shall be protected in accordance with TRPA regulation.
19. This approval is based on the permittee’s representation that all plans and information contained in the subject application are true and correct. Should any information or representation submitted in connection with the project application be incorrect or untrue, TRPA may rescind this approval, or take other appropriate action.
20. The permittee is responsible for insuring that the project, as built does not exceed the approved land coverage figures shown on the site plan. The approved land coverage figures shall supersede scaled drawings when discrepancies occur.
21. Any normal construction activity creating noise in excess of the TRPA noise standards shall be considered exempt from said standards provided all such work is conducted between the hours of 8:00 A.M. and 6:30 P.M.
22. This site shall be winterized in accordance with the provisions of Attachment Q by October l5 of each construction season. Alldisturbed areas shall be stabilized with a 3-inch layer of mulch or covered with an erosion control blanket.
END OF PERMIT
Heavenly Gondola Lodge Page 6 of 6 030-030-0 1/ERSP2009-351 7 — TAHOE Mail Location Contact REGIONAL P0 Box5310 128 MarketStreet Phone: 775-588-4547 PLANNING Stateline,NV89449-5310 Stateline,NV89449 Fax: 775-588-4527 www.trpa.org AGENCY M[TIGATED STATEMENF NOSIGNIFICANT E-EEEcT
PROJECT DESCRIPTION: Construct new day skier lodge APN 030-030-01 Relocate surface ski lift(Magic Carpet)
PERMITTEE: Heavenly Valley Limited Partnership FILE# ERSP2009-3571
COUNTY/LOCATION: El Dorado County, 4480 Lake Tahoe Blvd.
Staff Analysis: In accordance with Article IV of the Tahoe Regional Planning Compact, as amended, and Section 6.3 of the TRPA Rules and Regulations of Practice and Procedure, the TRPA staff has reviewed the information submitted with the subject project. On the basis of this initial environmental evaluation, Agency staff has found that the subject project will not have a significant effect on the environment.
Determination: Based on the above-stated finding, the subject project is conditionally exempt from the requirement to prepare an Environmental Impact Statement. The conditions of this exemption ar the conditions of permit approval.
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pi... o,cE:Ve Response to Comments
ATTACHMENT C: RESPONSE TO COMMENTS
Nineteen comment letters were received during the 30 day comment period for the 2010 Capital Projects Environmental Assessment (EA). Fifteen of these letters were in support of the Proposed Action; four letters raised substantive comments, which are addressed below.
A. COMMENT LETTER SUBMITTED BY ROBERT CORONADO
NEPA 1. Because the National Environmental Policy Act (42 Sec. 4331) (NEPA) requires that all Federal agencies, including the U.S. Forest Service, preserve “natural aspects of our natural heritage” and “fulfill the responsibilities of each generation as trustee of the environment for succeeding generations,” the focus of the Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment (EA) should be to fairly balance the preservation of the natural environmental of the Lake Tahoe Basin with the economic expansion of the Heavenly Mountain Resort. This EA fails to do so. Forest Service Response: As mandated by NEPA, the EA was prepared to fulfill the LTBMU’s requirements for analysis and disclosure of potential environmental impacts of the Proposed Action. The following information from Title I of NEPA is provided to demonstrate how the spirit and intent of NEPA is incorporated throughout the EA to aid the Responsible Official in making a reasoned decision.
NEPA is codified at 42 United States Code (USC) Chapter 55. Section 102 of NEPA (42 USC § 4332) contains the “action forcing” provisions that form the basic framework for federal decisionmaking. Per Section 102, “the Congress authorizes and directs that, to the fullest extent possible: (1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in this Act, and (2) all agencies of the Federal Government shall, among other things:
(A) utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on man's environment;
(B) identify and develop methods and procedures, in consultation with the Council on Environmental Quality established by title II of this Act, which will insure that presently unquantified environmental amenities and values may be given appropriate consideration in decision making along with economic and technical considerations;”
Item (B), above, is further discussed in the response to Comment #2.
Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment RTC-1 Response to Comments
Alternative 2 best meets the purpose and need and balances the recreational opportunities provided by Heavenly with the conservation of natural resources. Alternative 2 does not expand the resort beyond the SUP area boundary instead it would redistribute existing skier demand and guest services on the mountain. I have specifically required Alternative 2 to incorporate BMPs and Project Design Features in order to minimize or avoid effects to natural and cultural resources (EA, page 2-17). The Gondola Lodge has been situated to take advantage of a previously disturbed area, the Galaxy chairlift alignment will take advantage of a previously cut lift line, and new trail construction and snowmaking enhances the distribution of skiers/riders and the recreational experience of the existing Galaxy pod. In addition, the Easy Street Run HR Prescription on California Trail and trails in the Galaxy pod will require less energy and water resources for snowmaking.
NEPA 2. On page 1-12, in the Resources Not Analyzed In Detail In This EA section, it states that, “It was determined that the following resources would not require detailed analyses in the EA.” However, an EA is required to contain a full analysis of all relevant environmental impacts for any major Federal action, therefore full analyses of these issues and inclusion of the findings is required in the EA. Forest Service Response: In determining which issues and resources to analyze in detail in the EA, the LTBMU utilized direction contained in Forest Service Manual (FSM) 1909.15 – NEPA Handbook. Issue identification is specifically discussed in FSM 1909.15, Chapter 10, Section 12.4:
“There is no set of standard issues applicable to every proposal, so it is important for the responsible official to consider a variety of laws, regulations, executive orders and input, with the help of the interdisciplinary team. The responsible official approves the issues to be analyzed in depth by the interdisciplinary team in the environmental analysis (FSM 1950.41). It is often helpful to organize and group similar issues by common resource, cause-effect relationships, same or common geographical area, or those linked to the same action.
As per FSM 1909.15, Chapter 10, Section 12.4, the CEQ regulations refer to issues as they relate to environmental impact statements. As such, agencies shall reduce excessive paperwork by:
Discussing only briefly issues other than significant ones
Using the scoping process not only to identify significant environmental issues deserving of study, but also to deemphasize insignificant issues, narrowing the scope of the environmental impact statement process accordingly
For example, as part of the scoping process the lead agency shall:
Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment RTC-2 Response to Comments
Determine the scope… and the significant issues to be analyzed in depth in the environmental impact statement. … (40 CFR 1501.7[a][2])
Identify and eliminate from detailed study the issues which are not significant or which have been covered by prior environmental review (1506.3), narrowing the discussion of these issues in the statement to a brief presentation of why they will not have a significant effect on the human environment or providing a reference to their coverage elsewhere. (40 CFR 1501.7[a][3])
Appendix A of the EA contains the Scoping Comments Summary Report, which identifies all comments submitted by the public and agencies during the scoping period. As indicated in Appendix A, all comments received were given appropriate consideration by the Responsible Official. All were determined to be “Non-Significant Issues”; the rationale for this determination, by comment, is provided.
TRAFFIC 3. While the 2007 EIR/EIS/EIS determined that the Master Plan Amendment 07 would not increase peak traffic beyond the levels estimated in the approved 1996 Final EIR/EIS/EIS, this assertion must be substantiated in the EA by a summary of the empirical data supporting this claim. Forest Service Response: It is well recognized and documented that traffic volumes in South Lake Tahoe have been declining for the last decade. As indicated in Chapter 1 of the EA, the Responsible Official, through the Interdisciplinary Team, determined that it was not necessary to analyze traffic-related issues for this project, as traffic was analyzed in the 2007 EIR/EIS/EIS.
The EA tiers to the 2007 EIR/EIS/EIS for determinations of traffic-related issues. The 2010 Capital Projects are qualitative in nature – meaning they were designed to support/maintain the visitors who are already coming to the ski area, and not considered to attract additional visitation to a resort. Therefore, these projects are not designed, nor likely, to produce measurable increases in visitation to the resort or additional vehicular traffic in South Lake Tahoe.
Chapter 1 of the EA (page 1-13) has been updated with traffic volume data from the California Department of Transportation in Table 1-1. This data indicates a trend of decreasing Average Annual Daily Traffic (AADT) on Highway 50 through South Lake Tahoe since 1999.
TRAFFIC 4. … on page 1-12, the EA states that the Heavenly Mountain Resort is a founding partner in the Coordinated Transportation System (CTS) intended “…to create a public /private partnership to mitigate traffic and air quality impacts by improving transit operation in the Lake Tahoe Basin. Heavenly continues [to] discourage the use of automobiles.” While this is an admirable goal, the EA does not state how Heavenly Mountain Resort conducts this discouragement of the use of automobiles and what the results from these efforts have been. The EA should substantiate these claims with empirical data.
Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment RTC-3 Response to Comments
Forest Service Response: Chapter 1 of the EA “Resources Considered But Not Analyzed in Detail in this EA” has been updated with additional information on Heavenly’s on-going efforts to reduce traffic levels. In addition, Table 1-1 has been added to the EA, which provides information on Average Annual Daily Traffic volumes on Highway 50 through South Lake Tahoe since 1999.
TRAFFIC 5. … what are the empirical data from the public/private partnership to monitor traffic and air quality? Has traffic been reduced since the CTS’ Memorandum of Understanding became effective and has the air quality improved? If so, these data should be clearly stated in the EA. If data are not available to support these assertions then a full EIS must be conducted to fully analyze the traffic and air quality impacts of expanding the Heavenly Mountain Resort. Forest Service Response: The 2008 Regional Transportation Plan for the Lake Tahoe Basin (RTP), found that traffic volumes along the US Highway 50 corridor through South Lake Tahoe have actually decreased. Based on Caltrans and NDOT traffic counts, peak month traffic volumes in the South Shore have decreased by 20 percent from the recorded high in 1988 with Annual Average Daily Trips (AADT) declining by 23 percent for the same period (RTP p.15).1 The 2008 RTP shows a similar decline in the 8-hour average Carbon Monoxide readings taken at the Stateline area since 1988 (near the base of the gondola) (RTP Appendix B, Regional Emissions Analysis).
TRAFFIC 6. … the EA states that the 2007 EIR/EIS/EIS analysis estimated that “no new trips (and no significant increase in vehicular miles traveled) … primarily due to decreased automobile trips in the Lake Tahoe Basin…” However, the EA cites no summary of the data to support this assertion. Forest Service Response: See Response to Comments #3, #4 and #5, above.
AIR 7. On the issue of traffic and parking, the EA fails to cite its compliance with Executive Order 13057, Federal Actions in the Lake Tahoe Region, which requires the “control of airborne and other sources of contaminants.” Similarly, this Executive Order requires “regional programs and studies” to attain environmental threshold standards for “transportation” and “air quality” and that Federal agencies, including the U.S. Forest Service, “support appropriate regional transportation and air quality goals.”
1 The RTP can be found on the Tahoe Metropolitan Planning Organization website under the tab “Mobility 2030” at www.tahoempo.org.
Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment RTC-4 Response to Comments
Forest Service Response to Executive Order 13057- Federal Actions in the Lake Tahoe Region Comments 7, 15, 17, 19, 20, 21, and 22 cite portions of Executive Order 13057: Section 1-103.
This EO establishes a Federal Interagency Partnership on the Lake Tahoe Ecosystem and identifies the Partnership members (federal agencies) along with fourteen areas of coordination. The comments referenced above pulled out portions of these fourteen areas rather than recognizing them collectively and acknowledging that there are considerations for recreation and economic goals. The EO is implemented through a variety of coordinated programs - the Environmental Improvement Program (EIP) and under the Lake Tahoe Restoration Act of 2000. The EIP works to support and attain environmental thresholds on a Basin-wide scale. Project consideration of thresholds is considered and disclosed under project NEPA and in coordination with the Tahoe Regional Planning Agency (TRPA).
Some portions of the projects are outside of the scope of this Executive Order (i.e., they are not located within the Lake Tahoe Basin). The projects located within the Basin were reviewed and coordinated with the TRPA (through Heavenly's 2005 Master Plan; 2007 Final Environmental Impact Statement and/or through a 3/26/10 Mitigated Statement of No Significant Effect). The Forest Service disclosed the effects on the resources in the EA.
Forest Service Response: In addition, The Forest Service fulfills its responsibility (in part) for compliance with the Federal Interagency Partnership for the Lake Tahoe Basin found in EO 13057 through Heavenly’s on-going contributions to annual capital equipment purchases and operating costs as a member of the South Tahoe Area Transit Authority (STATA, formerly CTS). Participation in STATA implements air quality and transportation goals and polices for the South Shore region of the Lake Tahoe Basin.
Project Design Features and Best Management Practices that are intended to lessen or avoid resource impacts are included in the EA on pages 2-7 and 2-8, as well as in Table 2-3.
In addition, on March 24, 2010, TRPA Governing Board made a Finding of No Significant Effect for the Gondola Lodge. The Board further found, based on evidence in the record, that the Gondola Lodge complies with all applicable requirements of the TRPA Goals and Policies Plan, Plan Area Statements, Code of Ordinances, and Environmental Threshold Carrying Capacities. The Board found the Gondola Lodge project to be consistent with the MPA 07 and Final EIS, which indicated that no new vehicle trips were likely to result.
CLIMATE CHANGE 8. … in the Climate Change section, the EA states that the individual construction components of the economic expansion plan for the 2010 Heavenly Capitol Projects are of “such a minor scale” that their impact in contributing to climate change need not be analyzed. However, all construction
Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment RTC-5 Response to Comments
factors in the EA must be fully analyzed to determine their impact on the environment, including climate change. 9. … the EA incorrectly states that climate change activities are “outside the U.S. Forest Service’s control.” However, the U.S. Forest Service has control over the Heavenly Mountain Resort 2010 Capital Projects proposed actions that occur within its jurisdiction and it is obligated under NEPA to act to reduce or mitigate the proposed actions that contribute to climate change. 10. … the EA fails to fully analyze the air emissions produced by the proposed snowmaking infrastructure to be installed on the Perimeter and Galaxy trails. The amount of energy used in operating the snowmaking machinery, as well as the amount of energy used to transport the water used in the snow making process, must be analyzed for increases in CO2 and other greenhouse gas emissions required to produce the 24.6 acres of new snow coverage. Forest Service Response: Greenhouse gas (GHG) emissions were considered in proportion to the nature and scope of implementing Alternative 2 including the potential to either affect emissions or be affected by climate change impacts. There may be increases in GHG emissions from snowmaking, lift operations, and grooming. However, taken individually, these components of the Proposed Action are of such a minor scale in the context of global climate change that the quantification or qualification of direct, indirect, or cumulative effects would be meaningless to a reasoned choice among alternatives.
There is uncertainty and unknown risk associated with the effects to climate change from a project as small as the Proposed Action. It is not possible to discern significant effects on climate change as a result of implementing the Proposed Action. This is due to the fact: (1) The Proposed Action affects only a small area of National Forest System lands; and (2) as a result of the limited size and scope of the project, the effects of the Proposed Action cannot be meaningfully evaluated under current science, modeling, and policies. However, recognizing that energy efficiency can be indirectly associated with climate change, the Proposed Action incorporates several features that reduce our contribution to climate change and result in efficient energy use, including: utilization of efficient snow guns (EA, page 1-18), the lodge design and operation will be LEED certified (EA, page 2-4), and implementation of the Easy Street Run HR Prescription on all new trails U3, U4, 14, 15, and California Trail (EA, page 2-5 – 2-7).
In addition to these project specific energy efficiencies, Vail Resort has implemented an energy layoff plan in which their goal is to reduce company-wide energy use by 10% in two years (EA, page 1-17 through 1-18).
As indicated in the EA above, in the context of global actions this project would not result in significant effects to climate change.
Chapter 1 of the EA “Resources Considered But Not Analyzed in Detail in this EA” has been updated to include additional information on addressing climate change in NEPA documentation.
Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment RTC-6 Response to Comments
ENERGY 11. Executive Order 12902, Energy Efficiency and Water Conservation at Federal Facilities, requires Federal agencies, including the U.S. Forest Service, to conduct a survey on the “grounds … owned by the U.S,” including U.S. Forest Service lands, of the “energy or water consuming support systems” for their impact on “climate…and related environmental concerns.” The Executive Order also requires that the U.S. Forest Service make recommendations for the “installation of energy conservation measures, including solar and other renewable energy and water conservation measures.” Forest Service Response: EO 12902 – Energy Efficiency and Water Conservation at Federal Facilities – specifically applies to Federal structures and facilities, and does not apply to structures that are owned, and operated on National Forest System lands by special use permittees. As per Section 107 of EO 12902, Federal building is defined as “any individual building, structure, or part thereof, including the associated energy or water consuming support systems, which is constructed, renovated, or purchased in whole or in part for use by the Federal Government and which consumes energy and water.” Section 108 of EO 12902 defines Federal facility as: “any building or collection of buildings, grounds, or structure, as well as any fixture or part thereof, which is owned by the United States or any Federal agency or which is held by the United States or any Federal agency under a lease-acquisition agreement under which the United States or a Federal agency will receive fee simple title under the terms of such agreement without further negotiation.” Note that EO 12902 (Section 306d) does apply to “government-owned contractor-operated facilities.” However, this does not apply to Heavenly, as the Forest Service does not own buildings or facilities within SUP area.
That being said, page 2-4 of the EA indicates that the Gondola Lodge “…design and operation would be LEED certified for environmental efficiency and sustainability.” Furthermore, one of the objectives of implementing the Easy Street Run Hazard Reduction Prescription on trails U3, U4, 14, 15, and California Trail is to reduce consumption of electrical energy and water resources related to snowmaking by reducing the height of existing surface cover including felled trees, large woody debris, stumps, and boulders (EA page 2-5).
WATER 12. On page 3-1, in Heavenly’s 2007 Master Plan Amendment section, the EA states that the total snowmaking acreage would increase by approximately 30 acres … “but should not result in a net increase in water use/consumption due to changes in run prescriptions.” However, it is not clear whether these prescriptions were supported by empirical data and whether this assertion is in compliance with Executive Order 12902, Energy and Water Conservation at Federal Facilities, which would require a survey of energy and water consuming systems, including water usage increases, in the Heavenly Mountain Resort’s snowmaking acreage. The EA must clarify these points.
Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment RTC-7 Response to Comments
Forest Service Response: Heavenly will continue to address improvements to recreational experience while reducing the amount of energy and water that is consumed in its snowmaking operations. With that being said, page 3-1 of the EA provides a brief overview of the MPA 07 at full build-out for use in the cumulative effects discussions. Regarding total snowmaking coverage at full build-out of the MPA 07, page 3-1 of the Final EA has been updated to reflect this.
As discussed previously in the Response to Comment #11, EO 12902 specifically applies to Federal structures and facilities, and does not apply to structures that are owned, and operated on National Forest System lands by special use permittees. Thus, Section 302 of EO 12902: Energy and Water Surveys and Audits of Federal Facilities is not applicable to Heavenly’s snowmaking operations.
WILDLIFE 13. … the EA states that there would be an “increase … of two lodge locations” and an “increase in floor area and land coverage” and “an increase of 11,079 square feet as compared to the MP96 (5 percent increase).” However, it is unclear if this assertions are made in compliance with Executive Order 13186, Responsibilities of Federal Agencies to Protect Migratory Birds, which requires Federal agencies, including the U.S. Forest Service, to take action to design migratory bird habitat principles…into agency plans “to promote the conservation of migratory bird populations” with “an emphasis on species of concern.” Forest Service Response: Page 3-1 of the EA provides a brief overview of the site-specific and programmatic analyses related to build-out of the MPA 07 for use in the cumulative effects discussions of the EA. The Powderbowl Lodge has already been site-specifically approved.
Goals and objectives for integrating bird conservation into forest management comes from numerous sources, including: the January 2000 USDA Forest Service Landbird Conservation Strategic Plan, EO 13186 - Responsibilities of Federal Agencies to Protect Migratory Birds (2001), Partners in Flight (PIF) specific habitat Conservation Plans for birds, and the January 2004 PIF North American Landbird Conservation Plan. Furthermore, the 2008 Memorandum of Understanding between the USDA Forest Service and the US Fish and Wildlife Service to Promote the Conservation of Migratory Birds (MOU) strengthens migratory bird conservation through enhanced collaboration and cooperation between the Forest Service, the United Stated Fish and Wildlife Service (USFWS) and other federal, state, tribal and local governments. On National Forests, conservation of migratory birds focuses on providing a diversity of habitat conditions at multiple spatial scales and ensuring that bird conservation is addressed when planning for land management activities.
Specific to the 2010 Capital Projects EA, a Migratory Landbird Conservation Report was prepared to document potential impacts to migratory birds and to summarize design features incorporated into the 2010 Capital Projects that are meant to eliminate or minimize impacts to landbirds. It was determined that
Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment RTC-8 Response to Comments there would be no impacts to migratory birds with implementation of project design features because there were no bald eagles, spotted owls, or northern goshawks detected during surveys and because mountain quail and hairy woodpecker habitat loss would not cause a loss of viability to those species (EA, page 1-20). This report incorporates direction from all of the previously-mentioned sources (including EO 13186) and is contained in the Project File at the LTBMU (Project Record Document 4).
VISUALS 14. … violations of the VQO will occur with the construction of the U3, U4, 14, and 15 ski runs, as well as the proposed Gondola Lodge which will have a 14,750 square foot footprint and a 4,320 square foot concrete patio. Forest Service Response: As discussed in the EA, the proposed lodge at the top of the gondola was referred to as “Von Schmidt’s Lodge” in the MPA 07, and was conceptually sited slightly northeast of the currently proposed location. After the MPA 07 was accepted, Heavenly completed a detailed site analysis at the top of the Gondola and identified the ideal location for the lodge. Similarly, conceptual alignments of all four proposed trails in the Galaxy pod are described in the MPA 07. The lengths and areas of these trails described in the Proposed Action are slightly different from the MPA 07 and reflect contemporary trail planning and, in some cases, avoidance of known cultural resources. However, all proposed projects are consistent with the MPA 07.
As discussed in the Scenery Resources section of the EA (page 3-26), “Due to the topography of Heavenly, proposed trails 14 and 15 would be visible in the middle and background view from outside the ski area in Nevada (as shown in Figure 3.10-9 of the 2007 EIR/EIS/EIS).” While the Gondola Lodge would require some tree removal, this structure would only be visible from the foreground view within the top of the gondola area.
As a part of the Scenery Resources analysis for the EA (Section B), the aesthetic impacts of the proposed changes within the SUP area were considered in relation to the overall existing development/recreational theme of the resort and the VQO for the Heavenly Valley Management Area, which is managed for “Alpine skiing.” As such, tree clearing for construction of the proposed Galaxy trails and construction of the Gondola Lodge were determined to be consistent with current management direction by LTBMU landscape architects and the Responsible Official. Design features such as revegetation, construction materials and siting are incorporated into the projects and would minimize impacts to the visual resource. Therefore, with the implementation of the 2010 Capital Projects, visual resources within the project areas would continue to comply with the VQO of Partial Retention. (EA page 3-24)
Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment RTC-9 Response to Comments
VEGETATION 15. … the EA describes the removal of 23.6 acres of vegetation for the construction of the proposed U3, U4, 14, and 15 ski trails, as well as the removal of the 0.4 acres of vegetation for the widening of the chair lift corridor. Not only would this be a violation of the U.S. Forest Service’s VQO, as stated above, but it also would violate Executive Order 13057, Federal Actions in the Lake Tahoe Region, which requires “vegetation management actions necessary to attain a healthy Lake Tahoe ecosystem, including a program of revegetation … and promotion of forest health.” Forest Service Response: See Response to Comment #14, above, regarding VQOs and Response to Comment #7 regarding EO 13057.
Per the Tahoe Regional Planning Compact, Article II - Definitions, the Lake Tahoe Region is defined as:
(a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas and Washoe Counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the county of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of section 1, thence west to the northwest corner of section 3, thence south to the intersection of the basin crestline and the west boundary of section 10; all sections referring to township 15 north, range 16 east, M. D. B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.
The existing and proposed Galaxy lift and trail system is outside of the Lake Tahoe basin (see Figure 1), therefore, EO 13057 – Federal Actions in the Lake Tahoe Region is not applicable to this project. Nonetheless, the 2010 Capital Projects EA is consistent with the spirit and intent of this EO, which created a Federal Interagency Partnership and is designed to ensure that Federal agency actions protect the extraordinary natural, recreational, and ecological resources in the Lake Tahoe Region.
WILDLIFE 16. … the EA states that the 2007 EIR/EIS/EIS identified suitable nesting habitat for the northern goshawk in the forested areas surrounding the project site. Executive Order 13186, Responsibilities of Federal Agencies to Protect Migratory Birds, requires Federal agencies, including the U.S. Forest Service, to take action to “promote the conservation of migratory bird populations” including “programs for endangered species and uncommon species” (emphasis added). It is unclear if the EA or the EIS cited took this requirement into consideration.
Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment RTC-10 Response to Comments
Forest Service Response: See Response to Comment #13, above, regarding EO 13186.
Per the EA (page 3-52) Northern goshawks have been detected in the stand of trees that is proposed to be modified for construction of trails U3 and U4. The last detection was in 2005. Dawn acoustical surveys in the Daggett Creek drainage and broadcast surveys have been performed annually since the last detection with no observations. In the years that detections were recorded, no nest tree was ever located; therefore the stand is likely utilized for foraging. The potential does exist for northern goshawks to occupy the project area prior to commencement of construction. As no northern goshawks have been detected in the last four survey seasons, no direct impacts to this species would result from implementation of the Proposed Action.
WETLANDS 17. … the EA states that a mitigation wetland area is present along Daggett Creek on U.S. Forest Service lands. Executive Order 13057, Federal Actions in the Lake Tahoe Region, requires Federal agencies, including the U.S. Forest Service, to “support appropriate action to improve the water quality of Lake Tahoe [Basin] through all appropriate means, including “restoration of …wetlands.” It is unclear if the EA or the EIS cited above took this requirement into consideration. Under the law, the U.S. Forest Service would be required to enhance this wetland area. Forest Service Response: Page 1-13 of the EA discloses the existence of a wetland in the Galaxy pod, along a portion of the Daggett Creek Drainage. The Galaxy pod is outside of the Lake Tahoe Region, and therefore EO 13057 is not applicable (Refer to Figure 1 of the EA, and the response to Comments #7, 15). Nonetheless, as is indicated in the EA, the new lift alignment would span the wetland where the lift crosses the drainage, similar to the existing lift design; this is true for trail construction and snowmaking line installation, as well. Therefore, as is stated in the EA, all wetland impacts would be avoided.
NOISE 18. … the EA states that “[n]oise from construction activities has [the] potential to impact the suitability of habitats adjacent to the project location” and “[t]he introduction of snowmaking [machinery] into the Galaxy pod area would increase noise and [human] activity in the area and have the potential to decrease the suitability of habitat for northern goshawks and California spotted owls.” 19. It is unclear if the EA properly analyzed the requirement under Executive 13186, Responsibilities of Federal Agencies to Protect Migratory Birds, which requires an “assessment of information on environmental contaminants and other physical or biological stressors having potential relevance to migratory bird conservation. In addition, Executive Order 13057, Federal Actions in the Lake Tahoe Region, requires Federal agencies, including the U.S. Forest Service, to “support regional programs for “noise [reduction].”
Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment RTC-11 Response to Comments
Forest Service Response: See Response to Comment #13, above, regarding EO 13186.
See Response to Comments #7, 15, above, regarding EO 13057. Note that the Galaxy pod is outside of the Lake Tahoe Region.
WILDLIFE 20. … the EA states that “[t]he removal of 17.21 acres of habitat will not result in a decrease in the viability of the population of mountain quail.” However, the EA is unclear if this assertion complies with Executive Order 13057, Federal Actions in the Lake Tahoe Region, which requires Federal agencies, including the U.S. Forest Service, to “support … wildlife restoration programs for the Region, including programs for endangered species and uncommon species.” Forest Service Response: See Response to Comment #7, 15, above, regarding EO 13057.
The 17.2 acres of habitat removal are related to construction of trails U3, U4, 14 and 15, which are outside of the Lake Tahoe Region and therefore EO 13057 is not applicable (refer to Figure 1 of the EA, and the response to Comment #15). Nonetheless, the EA further discloses the direct impacts to mountain quail by offering some perspective for the impacts of this 17.2 acres of habitat removal: “Habitat trends for mid seral coniferous forest has increased in the last decade from 21 percent to 25 percent of the acres on National Forest System Lands. Currently there are 2,766,000 acres of mid seral coniferous forest habitat on National Forest System Lands. The decrease of 17.2 acres of mid seral forest will have no effect on this species.
VEGETATION 21. … in the Tahoe draba section, the EA states that “[s]uch plants are vulnerable to any activity resulting in habitat destruction.” It is unclear if the EA has properly complied with Executive Order 13057, Federal Actions in the Lake Tahoe Region, which requires Federal agencies, including the U.S. Forest Service, to “support … wildlife [defined to include plant life] restoration programs for the Region, including programs for endangered species and uncommon species.” Forest Service Response: See Response to Comment #7, 15, above, regarding EO 13057.
Tahoe draba are vulnerable to any activity resulting in habitat disturbance. However, the EA goes on to define potential direct and indirect impacts from implementation of the 2010 Capital Projects on this R5 Sensitive plant (page 3-66):
“While blasting and construction activities associated with the ESRHR Prescription on California Trail have the potential to impact the existing draba population, Project Design Features (PDFs) have been incorporated to protect the existing Tahoe draba population located on California Trail in the form of
Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment RTC-12 Response to Comments identification of draba locations, a 165-foot buffer zone between known populations and proposed disturbance, and covering of plants to protect during blasting activities. Implementation of these PDFs will prevent any direct and indirect impacts to the draba population located on California Trail. Approximately 8.7 acres of California Trail have been identified as suitable habitat for Tahoe draba. Of this, 4.2 acres of unoccupied habitat are proposed to receive the ESRHR Prescription. The EA indicated that suitability of habitat should remain high as the ESRHR Prescription does not include chipping of any woody material or use of straw, hay or any organic material that could increase ground cover and litter in the area, thereby decreasing habitat suitability.”
WATERSHED 22. … in the Soil Erosion section, the EA states that “measurable soil loss or sediment yield only occurred under modeling of snowmaking corridors.” It is unclear if the EA has properly complied with Executive Order 13057, Federal Actions in the Lake Tahoe Region, which requires Federal agencies, including the U.S. Forest Service, to take “action to improve the water quality of Lake Tahoe through … restoration … of [all] parts of the watershed … and control … sources of contaminants [including eroded soil and sediments].” Forest Service Response: See Response to Comment #7, 15, above, regarding EO 13057.
On page 3-78 of the EA, it is disclosed that: “This analysis assumes that 16.7 acres of ground disturbance would occur under Alternative 2 that could result in measureable erosion.” The bulk of this (15.2 acres) is related to installation of snowmaking lines in the Galaxy pod, which is outside of the Lake Tahoe basin, and therefore EO 13057 is not applicable (refer to Figure 1 and the response to Comment #15). The remaining ground disturbance is in-basin, and is related to construction of the Gondola lodge and the realigned access road. Best Management Practices and Project Design Features are included in the EA to reduce the potential for erosion and sedimentation associated with all of these projects. Note that the Proposed Action does not include installing additional snowmaking infrastructure on California Trail.
B. COMMENT LETTER SUBMITTED BY AMY SMITH 23. Heavenly is too close to the lake and this expansion will further damage the lake and harm the wildlife. Forest Service Response: All potential impacts to wildlife habitat and water quality are documented throughout Chapter 3 of the EA.
C. COMMENT LETTER SUBMITTED BY ROBERT GIBBS 24. … they can’t keep the trash from blowing as it is right now… Let them clean up the area and neighbors’ area for a couple years see if they can do a better job for what they are ready need to care for.
Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment RTC-13 Response to Comments
Forest Service Response: Heavenly has a large number of trash receptacles located throughout the SUP area and diligently pursues trash collection. Trash receptacles are located throughout the base area parking lots and adjacent streets. Furthermore, Heavenly stages an annual neighborhood clean-up day each spring.
D. COMMENT LETTER SUBMITTED BY MIKE SHARP 25. Cutting trees affects the quality of the snow. Plant the off-camber run at Dipper Knob to make up for the new runs at Galaxy. Forest Service Response: Implementing snowmaking in the Galaxy pod would increase the consistency of the terrain (EA page 3-12). Planting trees at Dipper Knob is beyond the scope of this project.
Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment RTC-14