DECISION MEMO

Summit Ski Area Special Use Permit Boundary Extension Project

USDA Forest Service Zigzag Ranger District, Mt. Hood National Forest Clackamas County,

Township 3 South, Range 8½ East, Sections 12, 13, and 24, and Township 3 South, Range 9 East, Section 18

June 2020

BACKGROUND (Summit) is located on the south slopes of Mt. Hood at the east end of the Village of Government Camp, just downhill of & Ski Area (Timberline). Currently, the Summit Ski Area Term Special Use Permit (SUP) area encompasses approximately 52 acres, of which 19 acres comprises Summit’s alpine ski trail network. Summit has one chairlift providing lift access to seven trails of beginner to lower intermediate skier ability levels. In mid-2018, J.S.K. and Company acquired 100 percent of the Northwest Nordic, Inc. (NNI) stock. NNI’s 20-year special use authorization to operate Summit expires on December 31, 2026. In addition to the chairlift and associated trail network, the SUP area also includes the following facilities: Summit Base Lodge, a ticket building, Ski Patrol A-Frame, maintenance/pumphouse building, Summit Sno-Park, as well as the Snow Play Area, which is a 9-acre tubing venue located 2 miles east of Summit.

Last year, NNI completed its 2019 Summit Ski Area Master Development Plan (MDP), which is a requirement of its SUP to operate on National Forest System (NFS) lands. The MDP provides an assessment of existing operations and facilities, and identifies possible future developments and improvements. Forest Service acceptance of the MDP, which occurred on September 30, 2019, does not imply authorization for the permit holder to proceed with implementation of any of the activities included in the MDP. Rather, all projects in the MDP require site-specific environmental analysis and authorized officer approval per the National Environmental Policy Act (NEPA) before project implementation can begin.

In December 2019, NNI submitted a proposal to the Forest Service to consider a SUP area extension. The agency accepted the boundary extension proposal on January 15, 2020. While NNI has expressed its perspective in taking this first step as a “foundational exercise” to allow them to consider the possibilities

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within the MDP vision, this project and corresponding environmental review are solely focused on amending the Summit SUP area so that Summit’s extended boundary could practicably contemplate future projects detailed in the MDP.1

Figure 1 depicts the approved SUP boundary extension.

PURPOSE AND NEED The purpose and need for this project is to create permitted connectivity between the Summit and Timberline ski areas in order to improve ski area operational efficiencies and form the basis from which to consider future recreation and alternative transportation initiatives contained in Summit’s MDP.

DECISION Based on project scoping and analysis conducted, it is my decision to authorize the extension of the Summit SUP boundary northward so that the Summit and Timberline ski areas share a contiguous boundary, as depicted in Figure 1.

Specifically, my decision is to amend the Summit SUP to add approximately 206 acres to NNI’s permitted area. The expanded boundary will include portions of the Alpine Trail (a short segment of which is already within Summit’s existing SUP area), Alpine Loop Trail, historic West Leg Road, West Leg Bypass Trail, Crosstown Trail, Timberline to Town Trail and Camp Creek Loop Trail. NNI currently has a permit with the Forest Service to snowplow and use the West Leg Road in the winter as a transportation corridor for snowcat and occasional snowmobile use for operational purposes. This decision will not change the current uses of the West Leg Road; the current road use permit terminates on December 31, 2026 (coinciding with the expiration of the NNI special use authorization). Also, of the acres being added to Summit’s SUP, approximately 12 acres in the lower section (immediately east of the West Leg Road) will be included, which might be appropriate for future access enhancement or parking lot development, however, potential future activities are not included in this decision. This decision will not include any ground disturbance or vegetation removal, and is consistent with management direction provided for the A11 Winter Recreation Area within the 1990 Mt. Hood National Forest Land and Resource Management Plan (Forest Plan), as amended.

The analysis for this project is documented in a project file maintained by, and available from the Zigzag Ranger District.

RATIONALE This decision is a ministerial exercise that will result in no ground disturbance. NNI proposed this project to establish the concept of connectivity between the Summit and Timberline ski areas, for which stakeholders expressed broad support during the MDP writing process and on which the vision of that MDP is based. Without the assurance that ski area operations within the SUP extension are permitted, NNI cannot ascertain whether the projects contained within the Summit MDP are feasible. As such, my

1 On December 19, 2019, this was shared by Jon Tullis, Timberline Director of Public Affairs, in an email to stakeholders announcing their submission of application to extend the Summit SUP boundary.

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decision simply enables NNI to rationally conduct further planning, design, and stakeholder involvement on its MDP projects for potential future consideration. It is important to note that any MDP projects subsequently proposed by NNI would require site-specific environmental review under NEPA prior to implementation.

CATEGORICAL EXCLUSION Decisions may be categorically excluded from documentation in an Environmental Impact Statement (EIS) or Environmental Assessment (EA) when they are within one of the categories identified by the U.S. Department of Agriculture (USDA) in 7 CFR § 1b.3 or the proposed action is within a category listed in 36 CFR §§ 220.6 (d) and (e), and there are no effects to extraordinary circumstances that would result in a degree of uncertainty of impacts. I have determined that this project is consistent with the category 36 CFR § 220.6(d)(7), “Sale or exchange of land or interest in land and resources where resulting land uses remain essentially the same.”

The Interdisciplinary Team completed an effects analysis by reviewing the relevant resource conditions to determine whether extraordinary circumstances related to the project warrant further analysis (Forest Service Handbook 1909.15, Chapter 30, Section 31.2) in an EA or EIS. Due to the fact that no ground disturbance or changes to the existing use of the area were proposed, the effects analysis found that the project would result in no effect to any of the relevant resource conditions. Table 1 provides a discussion of each resource condition and corresponding effects analysis.

Table 1. Resource Conditions and Effects Analysis Resource Condition Effects Analysis Municipal watershed: Approximately 134 acres of the The SUP extension will not impact the Government Camp 582-acre Government Camp drinking water source area drinking water source area, as access to the portion of the drinking are within the SUP extension area. This groundwater water source area within the SUP extension area will not change. public water system is a community water system with Furthermore, no ground-disturbing activities of any kind are 494 local water connections. associated with the project; therefore, no impacts to the municipal watershed will occur with implementation of this decision. Wetlands: Within the SUP extension area, there are Two of these are Freshwater Forested/Shrub Wetlands that are three wetlands identified in the U.S. Fish and Wildlife identified as seasonally-saturated Category B and are 2.2 acres Service National Wetlands Inventory. and 0.6 acre in size, respectively. The third is a Forest/Shrub Wetland that is identified as seasonally-saturated Category C and is 0.3 acre in size.2 The SUP extension will not impact any of the three wetlands existing in the project area because no ground- disturbing activities of any kind are associated with the project.

2 The seasonal saturation categories refer to the specific nature of the water regime of the wetland in question. Category B means the substrate within the wetland is saturated at or near the surface for extended periods during the growing season, but unsaturated by the end of the growing season in most years; surface water is typically absent, but may be present for a few days after heavy rain and upland runoff. Category C means surface water is present for extended periods, especially early in the growing season, but is absent by the end of the growing season in most years; the water table after flooding ceases is widely variable, ranging from saturated at the surface to well below the ground surface.

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Table 1. Resource Conditions and Effects Analysis (cont.) Resource Condition Effects Analysis Designated critical habitat for Steelhead (listed as The decision will alter land use management of the SUP extension threatened under the Endangered Species Act area; however, no ground-disturbing activities are associated with [ESA]): Within the SUP extension area there is the project, meaning that no changes to vegetative cover, the designated critical habitat for Lower Columbia River drainage network or water quality will occur. The project may Winter Steelhead. impact, but is not likely to adversely affect ESA-listed critical habitat or species. Wolverine (proposed as threatened under the ESA): In general, wolverines are found exclusively in areas that have not Wolverines are usually found at high elevations, greater been developed, extensively modified or accessed by humans, than 4,000 feet, and the species has been previously such as wilderness areas. Due to the existing levels of human documented within 2 miles of the SUP extension area. activity in and around the project area, wolverines may occasionally pass through the SUP area, but are unlikely to make this a portion of their home range core area. There is no critical habitat designated for this species. The project will alter land use management of the SUP extension area; however, no habitat- or ground-disturbing activities will occur with implementation. The SUP extension will not limit or impede continued access to the project area in any way, and therefore will have no effect on wolverines. Forest Service Region 6 sensitive species: There are This decision will alter land use management in the area of the several sensitive species present or immediately SUP extension; however, no ground-disturbing activities are adjacent to the SUP extension area, including Scott’s associated with the project, meaning that no changes to vegetative apatanian caddisfly, Sierra Nevada red fox, western cover, the drainage network or water quality will occur. bumblebee, and Suckley cuckoo bumblebee, as well as Scott’s Apatanian Caddisfly botanical species. Habitat for sensitive species is also Scott’s apatanian caddisfly habitat is present adjacent to the SUP present within or adjacent to the SUP extension area. extension area, and is likely to, although unconfirmed, exist within the SUP extension area. For this reason, the project “may impact individuals or habitat but will not likely contribute to a trend towards federal listing or loss of viability to the population or species.” Sierra Nevada Red Fox The Sierra Nevada red fox inhabits high elevation conifer and shrub habitats, montane meadows, and subalpine woodlands generally above 4,000 feet. A small population of the species exists near the approved SUP extension area. In general, Sierra Nevada red foxes tend to avoid human activity, but have been known to develop begging habits when in proximity to humans, thereby increasing the possibility for conflicts with humans. It is likely that the Sierra Nevada red foxes present around the project area will continue to use the area of the SUP extension as they currently do, even with the potential for increased human activity within the project area. Western Bumblebee and Suckley Cuckoo Bumblebee The western bumblebee and Suckley cuckoo bumblebee species can inhabit a wide variety of natural, agricultural, urban, and rural habitats, although species occurrence tends to peak in flower-rich meadows of forests and subalpine zones. While these species

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Table 1. Resource Conditions and Effects Analysis (cont.) Resource Condition Effects Analysis Forest Service Region 6 sensitive species (cont.) were historically known throughout Oregon and Washington, they are now largely confined to high elevation sites, including within the SUP extension area. Because no habitat- or ground-disturbing activities are associated with the SUP extension, no impact to the western bumblebee or Suckley cuckoo bumblebee will occur. Botanical Species Because the SUP extension will have no ground disturbing impacts, botanical species will not be affected. American Indian religious or cultural sites: The SUP Forest Service staff have been in communication with extension will occur within lands ceded to the federal representatives from the Confederated Tribes of the Warm Springs government by the Confederated Tribes of the Warm and the Confederated Tribes of the Grand Ronde. A heritage Springs Reservation of Oregon in the treaty of 1855; resources report was also shared with both Tribes. Based on our however, the Warm Springs tribes reserved their right communication and information sharing, it was determined that to fish, hunt game, and harvest other foods and the degree of effect is not uncertain, nor does it preclude the use of materials from these lands. The SUP extension area a categorical exclusion. also falls within the usual and accustomed lands of the Confederated Tribes of the Grand Ronde, which is a federally-recognized tribe that encompasses more than 30 tribes and bands from western Oregon, northern California and southern Washington. Archaeological sites or historic properties: Two No ground disturbing activities are associated with this decision, historic properties are present within the project area— meaning it will have no effect to either to West Leg Road or West Leg Road and Barlow Road Historic District. Barlow Road Historic District. In addition, NNI currently holds a The West Leg Road is a 15-foot side asphalt road road use permit for the West Leg Road and no alteration of this approximately 5.2 miles in length, extending from US use will occur with the project. Consequently, this project has Route 26 northward to its junction with the Timberline limited or no potential to affect historic properties under Road (Oregon Highway 173), approximately 0.4 mile Stipulation III.A.1 (12b) of the 2004 Programmatic Agreement south of Timberline Lodge. The road winds upslope to (PA) for the State of Oregon. “Issuance of special-use permits the northeast, switchbacking a number of times where the potential to cause ground disturbance or affect historic between Still Creek and West Fork Salmon River. The properties is negligible, including but not limited to: where uses road has been in use since it opened in 1931 and was are consistent with planning decisions or land allocations, as completed along its current alignment in 1938. applicable, and where this will be no ground disturbance.” The Numerous masonry culverts and catch basins were project is exempt from case-by-case review in accordance with the PA. constructed with local volcanic stone; in 2003; 46 of these were recorded between the upper end of the road and its location at approximately 4,600 feet. In 2004, the West Leg Road was concurred to be eligible for listing on the National Register of Historic Places. The Barlow Road Historic District consists of an overland route located, blazed and partially opened by pioneers from Tygh Valley on the eastern flanks of the Cascade Range, across the south slopes of Mt. Hood to the Willamette Valley. The project area falls partially within the boundary established for the Barlow Historic District.

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PUBLIC INVOLVEMENT A letter dated April 22, 2020, was mailed and/or emailed to individuals and organizations, including letters to the Confederated Tribes of the Grand Ronde and the Confederated Tribes of Warm Springs. The project was also published on the Forest’s project website with the intent of providing information on the proposal, as well as in the Forest’s quarterly Schedule of Proposed Actions dated April 1, 2020. Sixteen comments were received in response to the letter. Some expressed support for the project, while others raised issues surrounding the project’s purpose and need, recreation access, public safety, and/or cumulative effects.

In particular, Friends of and Bark opposed the project citing a lack of need for it and expressing concerns that there is no independent utility between this SUP extension and subsequent MDP projects, which may be proposed in the future. To reiterate, this project is a mapping exercise which provides NNI the necessary means to conduct further planning, design, and stakeholder involvement of its MDP projects. While there is a need to confirm the feasibility of NNI’s MDP projects by granting the assurance that ski area operations are permitted within the SUP extension area, my decision does not imply or necessitate proposal of any of those MDP projects. Furthermore, all MDP projects subsequently proposed by NNI would first have to be accepted by the Forest Service for environmental review, then analyzed under NEPA prior to potential project approval and implementation.

Another central issue raised by the Oregon Nordic Club and several individuals was related to potential impacts of the project on existing recreation opportunities, including impeded access to existing trails in the SUP extension area. We fully understand these concerns as there are a number of existing trails within the project area which are used for Nordic skiing, skinning, split-boarding, tele-skiing and snowshoeing in the winter, and hiking in the summer. These include the Alpine Trail, Alpine Loop Trail, historic West Leg Road, West Leg Bypass Trail, Crosstown Trail, Timberline to Town Trail, and the Camp Creek Loop Trail. It is important to note that no changes to access or use of any of these trails are approved with this decision. Access to all trails within the SUP extension area will remain unchanged. NNI has committed to maintaining historical recreation uses within the SUP extension area, and to this end has scheduled a meeting with key stakeholders to further discuss these recreation access concerns. Forest Service staff also plan to participate in this meeting. Depending on the outcome of this initial meeting, additional meetings and/or discussions with key stakeholders and interested parties may occur.

Connected to the above recreation access concerns were some comments related to public safety, which pointed out that any downhill skiers introduced to the SUP extension area would conflict with users of existing trails in the same area. However, no downhill skiers will be introduced to the project area with this decision. Any subsequent MDP projects proposed by NNI which could bring downhill skiers into the project area would be analyzed accordingly in a corresponding, requisite NEPA analysis.

I reviewed and considered all comments received and concluded that the project remains consistent with the categorical exclusion level of NEPA analysis.

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FINDINGS REQUIRED BY OTHER LAWS

National Forest Management Act This decision is consistent with the Forest Plan, as amended, as is required by the National Forest Management Act. The project was designed in conformance with appropriate Forest Plan standards and guidelines for Management Areas A11, Winter Recreation Area.

Northwest Forest Plan I have determined this project is consistent with the Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within the Range of the Northern Spotted Owl as well as the Aquatic Conservation Strategy and Record of Decision and Standards and Guidelines for Amendments to the Survey and Manage, Protection Buffer, and other Mitigation Measures Standards and Guidelines. Given that the project will have no impact on aquatic species, wetlands, floodplains, municipal watersheds, or other aquatic resources, the project will meet all goals in the Aquatic Conservation Strategy. The project will not impact any Survey and Manage species (analysis is available in the project file) or their habitat and will be consistent with those requirements. It is also important to note that between publication of the MDP and the scoping letter, the exact size of the SUP extension was reduced slightly in response to concerns raised by Interdisciplinary Team specialists pertaining to riparian resources.

Invasive Plants I find that this project is consistent with the Pacific Northwest Invasive Plant Program Preventing and Managing Invasive Plants Record of Decision issued in 2005 and the Site-Specific Invasive Plant Treatments for Mt. Hood National Forest and Columbia River Gorge National Scenic Area in Oregon including Forest Plan Amendment #16 Record of Decision issued in 2008. No ground disturbance will occur as a result of this project and thus, no post-construction revegetation or rehabilitation will be necessary.

IMPLEMENTATION AND ADMINISTRATIVE APPEAL This decision is not subject to appeal or objection. Amendment of the Summit SUP to account for the approved boundary and acreage extension may occur following the signed date of this decision.

CONTACT PERSON For additional information concerning this decision, contact Kathy Mitchell, Mountain Resort Team Lead, by phone at (503) 348-2793 or by email at [email protected].

RICHARD PERIMAN Date Forest Supervisor Mt. Hood National Forest

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In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, office, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: [email protected]. USDA is an equal opportunity provider, employer, and lender.

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FIGURE 1 LEGEND

Existing Timberline SUP Boundary Existing Summit SUP Boundary Proposed Summit SUP Boundary Extension Existing Lift

Existing West Leg Road Existing Alpine Trail

Wilderness Boundary Note: All lands within proposed SUP extension areas are NFS lands designated as Management Area A11 Winter Recreation Areas.

Prepared by: JUNE 2020

N 25 ft Contour Interval

SCALE (ft)

0 600 1200 1800 2400