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Lake Nighthorse Recreation Plan Final Environmental Assessment and Finding of No New Significant Impact

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Lake Nighthorse Recreation Plan Final Environmental Assessment and Finding of No New Significant Impact Lake Nighthorse Recreation Plan Final Environmental Assessment and Finding of No New Significant Impact Animas-La Plata Project, Colorado U.S. Department of the Interior Bureau of Reclamation Western Colorado Area Office December 2016 MISSION STATEMENTS Protecting America’s Great Outdoors and Powering Our Future The Department of the Interior protects and manages the Nation's natural resources and cultural heritage; provides scientific and other information about those resources; and honors its trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated island communities. The mission of the Bureau of Reclamation is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public. Lake Nighthorse Recreation Plan, Final Environmental Assessment and Finding of No New Significant Impact Lead Agency: Bureau of Reclamation, Upper Colorado Region, Western Colorado Area Office Responsible Official: Ed Warner, Area Manager Cooperating Agencies: None Abstract: The proposed Federal action analyzed in this final environmental assessment is to provide public recreational opportunities and facilities at Lake Nighthorse, Animas-La Plata Project, Colorado. Release Date: December 2016 For Information Contact: Justyn Liff Public Affairs Specialist Bureau of Reclamation, Western Colorado Area Office 445 W Gunnison Ave., Suite 221 Grand Junction, CO 81501 970-248-0625 [email protected] Finding of No New Significant Impact Introduction The Bureau of Reclamation, Western Colorado Area Office, has finalized an environmental assessment (FEA) for a proposed action and alternatives related to providing public recreational opportunities and facilities at Lake Nighthorse, Animas-La Plata Project, La Plata County, Colorado. Based on a review of the FEA, public comments and concerns, and supporting documents, I have determined that the proposed action would not significantly affect the quality of the human environment. No environmental effects meet the definition of significance in context or intensity as defined at 40 CFR 1508.27. Nor would the effects exceed those described in the Final Supplemental Environmental Impact Statement for the Animas-La Plata Project (FSEIS). Therefore, another environmental impact statement is not required for this proposed action. This finding is based on the context and intensity of the proposed action as described here and in the FEA. Context: The study area includes the 5,500 acres of Reclamation lands and Lake Nighthorse, the storage reservoir built to implement the Colorado Ute Indian tribes’ water rights settlement. The study area is located in La Plata County, Colorado and the socioeconomic impact study area is expanded beyond Reclamation’s lands to include the City of Durango and La Plata County. The proposed action is a site-specific action directly involving 2,000 acres; approximately 500 acres of land and 1,500 water surface acres of Lake Nighthorse, all administered by Reclamation. Intensity: The Council on Environmental Quality requires review of 10 factors or significance criteria described at 40 CFR 1508.27. The following factors have been considered in evaluating intensity of this proposal. 1. Impacts that may be both beneficial and adverse. The beneficial effects of the proposed action include the provision of public recreational opportunities within Ridges Basin and on Lake Nighthorse. Opting to implement the proposed action means implementing a small-scale, staged approach to the development of recreational opportunities and facilities, while protecting water quality and the primary purpose of Lake Nighthorse. Selecting the proposed action allows the opportunity to ensure economic and environmentally acceptable levels of recreation while minimizing permanent modification to the natural environment. Adverse effects include the potential for impacts to soils, vegetation, and visual resources, and cultural resources (see number 8 below). 2. Degree of effect on public health and safety. The effects to public health and safety involve considerations of water quality and law enforcement and boating or water-sport safety. Reclamation has selected the proposed action with mitigation measures, which is comprised of environmental commitments, permit requirements, etc. 3. Unique characteristics of the geographic area such as proximity to park lands, national monuments or parks, wetlands, or areas of critical environmental concern. There are no prime farmlands, wild and scenic rivers, wilderness areas, national parks or monuments, or areas of critical environmental concern within the project area, although there are 421,852 acres of parks, wilderness areas, national conservation areas, etc. in La Plata County as a whole. In terms of vegetation cover, about 31 percent of La Plata County is forested, but the vegetation communities in the study area are not valuable forest lands. As described in the FEA, there would be no impacts to floodplains and wetlands, although there is a possibility that jurisdictional wetlands could develop over time if the right combinations of water availability, soils, and vegetation develop. 4. Degree to which the possible effects on the quality of the environment are likely to be highly controversial. Public input and tribal consultation has been solicited throughout the NEPA process. Representatives of Reclamation, the U.S. Fish and Wildlife Service, the City of Durango, La Plata County, and the tribes met or consulted at various times to discuss potential impacts of the proposals on the resources of concern. Public involvement included public meetings held in local communities. The public was given the opportunity to comment and question the alternatives and impacts. A formal public comment period was provided and 285 comment documents were received. Many of these were “votes” for one or another alternative. Concerns were raised about noise, particularly from motor boats, as well as impacts to water resources, wildlife resources, cultural resources, and other topics covered in the FEA. Based on the content of the comments received from the public (see Appendix B), the effects of the proposal on the quality of the human environment are not considered highly controversial— the effects are predictable. 5. Degree to which the possible effects on the quality of the environment are highly uncertain or involve unique or unknown risks. The proposal involves conventional construction and management techniques. Anticipated effects on the environment have been thoroughly identified, analyzed, and mitigated to insignificant levels. No uncertain effects are expected. 6. Degree to which the action may establish a precedent for future actions with significant effects or represent a decision in principle about a future consideration. The proposed action is a site-specific action involving 2,000 acres of land and water surface area administered by Reclamation. The action would include entering into a 25-year lease agreement with the City of Durango. 7. Whether the action is related to other actions with individually insignificant but cumulatively significant impacts. The study area for cumulative impacts is the ALP Project area around Lake Nighthorse, located in La Plata County, Colorado. The proposed action would not individually have a significant impact on natural resources or communities in the county. Reasonably foreseeable future actions will be subject to further NEPA analysis and will be consistent with the FSEIS. 8. Degree to which the action may adversely affect districts, sties, structures, buildings or objects listed on the National Register of Historic Places. Sites and an historic district eligible for listing on the National Register of Historic Places are present in the area of potential effects of the proposed action. Identification of these properties has satisfied the Secretary of the Interior’s Standards and Guidelines for the identification of historic properties. On-site monitoring of excavation or ground disturbance by qualified professionals provided by Reclamation will minimize the potential for adverse effects to cultural resources. The proposed action contains commitments for developing a cultural resources management plan and agreement document in compliance with 36 CFR 800 that will lead to avoidance or mitigation of effects. 9. Degree to which the action may adversely affect an endangered, threatened species, or critical habitat. Field surveys conducted on the project lands and waters by qualified biologists for the FSEIS and the FEA have found no known federally listed animal or plant species or critical habitat. 10. Whether the action threatens a violation of federal, state, or local environmental protection law. The proposed action would comply with all relevant environmental laws, regulations, and policies. Potential resource conflicts would be resolved through environmental commitments and monitoring stipulations defined in the FEA or FSEIS. The major tribal concerns are cultural resources and water quality. As a result, Reclamation is preparing a Cultural Resource Management Plan and Programmatic Agreement and will also continue to monitor water quality. TABLE OF CONTENTS Finding of No New Significant Impact ............................................................................................ i Introduction ............................................................................................................................. i Context:
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