Kelley Stand Road Flood Repairs Project

Transcription

1 United States Department of Agriculture Forest Service Eastern Region November 2012 Kelley Stand Road Flood Repairs Project Public Comments Content Analysis and Response to Comments Green Mountain National Forest Manchester Ranger District Town of Sunderland Bennington County, Vermont For Information Contact John Kamb Civil Engineer Green Mountain National Forest 231 N. Main Street Rutland, VT (802) Fax: (802) Kelley Stand Road Flood Damage Responsible Official Colleen Pelles Madrid Forest Supervisor Green Mountain & Finger Lakes National Forests 231 N. Main Street, Rutland, VT (802) Fax: (802)

2 The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, or marital or family status. (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) (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC or call (202) (voice and TDD). USDA is an equal opportunity provider and employer. This document can be made available in large print. Contact Jay Strand at (802) x522; or at jstrand@fs.fed.us

3 Kelley Stand Road Flood Repairs Project This document provides the content analysis of public comments received during the Kelley Stand Road Flood Repairs Project public involvement process (response to the December 29, 2011 Scoping Notice and/or February 9, 2012 public meeting in Arlington, VT). No comments were received during the formal 30-day comment period (August 4, 2012 to September 4, 2012). This document also provides the Forest Service response to the comments received. These comments were considered during the environmental analysis process as documented in the Kelley Stand Road Flood Repairs Project Decision Memo dated November Public comments (including letters, s and recorded verbal communication) are located in the project planning record identified with a unique number. In addition, each issue contained within the comment document has an identifying number, for example, 11-3 is issue #3 in document #11. The following are the comment document number and comment sources. Document # Comment Source 1 Martha Abair, US Army Corps of Engineers 2 Todd Menees, VT Department of Environmental Conservation 3 Tom Mosenbauer, Orvis Rod & Tackle 4 Brice Obermeyer, Delaware Tribe Historic Preservation Office 5 Kenneth M. Cox, VT Fish & Wildlife Department 6 Dawn Caruolo 7 James Hayden 8 Alexis Nelson, Vermont Association of Snow Travelers 9 Joe Boutin, Town of Sunderland Selectboard 10 Allan Tschorn 11 Joe Boutin, Town of Sunderland Selectboard 12 Charles and Gloria Moffitt 13 Richard and Brenda Holton 14 Dawn and William Caruolo 15 Jim Pulver 16 Summary of comments recorded at the February 9, 2012 public meeting An issue is defined as a point of disagreement, debate, or dispute over the proposed action based on anticipated environmental effects. Comments have been separated into two categories: 1) Issues; and 2) Non-Issues: 1. Issues: Subcategory a is addressed in the environmental analysis. Subcategories b through e are not addressed for reasons cited. Issue subcategories include the following: a) The issue is relevant to the decision to be made. b) The issue is outside the scope of the proposed action. c) The issue is already decided by law, regulation, Forest Plan, or other higher level decision. d) The issue is irrelevant to the decision to be made. e) The issue is conjectural and not supported by scientific or factual evidence. Kelley Stand Road Flood Repairs Project Page 1

4 2. Non-Issues: Comments that do not readily lead to an issue, because they are not considered a point of disagreement, debate, or dispute over the proposed action based on anticipated environmental effects. Sub-categories of non-issues include the following: a) Comments that ask questions, seek clarification, or request information. b) Comments that require clarification from the source and may lead to an issue. c) Comments that suggest improvements or corrections to the proposed action. d) Comments that express general or project specific support. e) Unsubstantiated opinions related to non-specific resource concerns. f) Comments that suggest opportunities to collaborate with the public. During the content analysis process, comments were summarized by an issue statement, and then grouped into resource areas for each respective issue category. Issue statements describe a clear cause and effect relationship between the proposed management activities and some resource consequence. An effort was made to capture as many similar issues as possible with one issue statement. Issue statements were given a public concern (PC) or subconcern (SC) number under each resource area (in the left hand column) so that they can be more easily tracked. The identifying comment number(s) are also provided following each issue statement. ISSUES (addressed in the analysis) Processes PC Other Agency Cooperation/ Permit Needs Will likely require prior authorization from the US Army Corps of Engineers. (1-1) PC Need a Stream Alteration Permit from the State. (2-1) Response: All pertinent federal and state agency permits will be obtained prior to project implementation. Final project design and implementation schedule will be made available to the U.S. Army Corps of Engineers and VT Agency of Natural Resources as soon as they are available (Decision Memo, Mitigation Measures, p. 23). PC Town/ Region Plans PC PC PC The project should acknowledge and adhere to the Bennington County Regional Commission Regional Plan (Regional Plan). (15-1, 16-11) The project should minimize any improvement of the Kelley Stand Road for use as a connector between Stratton developments and Route 7 according to the Regional Plan. (15-3) The extent of land disturbance proposed conflicts with the Sunderland Town Plan and the Regional Plan. (15-6, 15-8). Do no move the road off the original road prism or keep it as close to the river as possible, and restore Roaring Branch to as near original conditions as possible to adhere to the Sunderland Town Plan. (16-2) Response: The project is in compliance with both the Regional Plan dated May 2007 and the Sunderland Town Plan dated June The planned repairs are not designed to upgrade Kelley Stand Road beyond what existed prior to flood damage. The scenic and historic character of the road will be maintained to the extent possible while still allowing the road to reopen for safe public use (Decision Memo, Purpose and Need, p. 5; Visual Quality Resource, pp ; and Mitigation Measures, pp ). Kelley Stand Road Flood Repairs Project Page 2

5 Natural Resources PC I hope that future road work will at least do no more harm. (3-2) Water/ Watershed Response: The project is anticipated to only have minor effects associated with soil, floodplains, stream channel, fisheries, wetlands or municipal watershed resources (Decision Memo, pp ). PC What affect will blasting have on nearby residence wells? (12-2, 16-7) Response: A required blasting plan to be developed prior to project implementation is anticipated to eliminate adverse effects to the single well within close proximity to the project area where blasting may be required. The plan will be designed to protect the well and property by modifying the location, intensity, and frequency of blasts (Decision Memo, Municipal Watersheds, p. 13). PC Soils PC The proposal should not open up an additional 2.1 acres between MP 1.8 and 2.2 from shifting the road north because it will cause erosion and impact the watershed. (15-5) The proposal should not open up an additional 17.9 acres beyond MP 2.2 from shifting the road north because it will cause erosion and impact the watershed. (15-7) Response: See response to PC Other Resources PC Cultural/ Historic If any human remains are accidently unearthed during the course of the survey and/or the construction project, cease development immediately and inform the Delaware Tribe of Indians. (4-3) Response: There are no undisturbed sites within the project area with prehistoric potential (Decision Memo, Archeological Sites, p. 15). Project activities will be stopped immediately in the unlikely event any sites are discovered during construction. The Delaware Tribe of Indians would be informed accordingly. PC Keep the road and bridge repairs as close to the way the road was before the storm such as single lane, dirt and aggregate road with the same historic characteristics as before the damage occurred. (14-1, 15-14, 16-1) Response: The scenic and historic character of the road will be maintained to the extent possible while still allowing the road to reopen for safe public use (Decision Memo, Purpose and Need, p. 5; Visual Quality Resource, pp ; and Mitigation Measures, pp ). Transportation System PC Roads PC PC The repair should make minimal public investment, use the prior road alignment, maintain the prior roadbed dimension and gravel surface, and maintain the prior single-lane bridges according to the Regional Plan. (15-2) The repair should maintain the prior road alignment, limit roadbed width to prior roadbed width, maintain the surface as gravel, limit bridge width to a single lane, preserve prior limited sight distances, and post/enforce speed limits to minimize through traffic and keep traffic to proper speed in order to adhere to the Regional Plan. (15-4) Replace/repair bridges (B16 and B17) as single lane width with wood for deck and guardrails, and maintain the prior roadbed alignment for bridge approaches to slow traffic and retain prior bridge characteristics. (15-9) Kelley Stand Road Flood Repairs Project Page 3

6 Response: The project is in compliance with both the Regional Plan dated May 2007 and the Sunderland Town Plan dated June The planned repairs are not designed to upgrade Kelley Stand Road beyond what existed prior to flood damage. The scenic and historic character of the road will be maintained to the extent possible while still allowing the road to reopen for safe public use (Decision Memo, Purpose and Need, p. 5; Visual Quality Resource, pp ; and Mitigation Measures, pp ). PC Safety We have concerns about the huge amount of log jams along and in the brook because of effects on the river, and downstream bridges and road. (6-2, 9-1, 12-6, 14-6, 16-9) Response: The existing debris within the Roaring Brook channel and its potential for incurring additional downstream damage is one of the primary reasons the project includes the restoration of stream conditions. An area of special concern located within the stream channel at mile post 2.1 was addressed this past fall (2012) with in-stream restoration activities. Similar work is planned as part of the overall repair and restoration activities included in this project (Decision Memo, pp. 6-7). PC Do not improve the road to allow for higher traffic volume to keep traffic from speeding unsafely. (14-2) Response: See response to PC , PC , and PC Social and Economic PC Health/Safety PC How will the residences along Kelley Stand Road be notified on day and time of blasting, and where are the proposed locations? (12-3) We are concerned about the blasting because of impacts to nearby residences (noise) (16-7) Response: A blasting plan will be developed prior to project implementation. The plan will be provide the location, intensity, and frequency of blasts. Residences will be informed in advance of any blasting associated with construction activities. (Decision Memo, Municipal Watersheds, p. 13; Mitigation Measures, p. 23). ISSUES (not addressed in the analysis) Alternatives/Options PC Build the road along the old turnpike route away from Roaring Branch. (7-1) Suggest New Alternative SC-01 Because rebuilding the road where it currently exists will remain susceptible for future flood damage. SC-02 Because it would be less expensive than the river route. SC-03 Because it would be more scenic. Response: The suggested alternative route would not meet the purpose and need for the project since it does not comply with the Town and Regional Plans that call for the road to be retained in its existing location and historic condition. It is outside the jurisdiction of Forest Service authority to relocate the road to the degree needed to follow the suggested route since this is a Town road. In addition, the relocation of the road would be anticipated to be much more costly than the proposal, and because of the extent of the relocation of a federal highway it would not be eligible for Emergency Relief of Federally Owned Roads (ERFO) funding. Lastly, the potential impacts of this road relocation would be anticipated to be much greater than the proposal given the steep grade of the route and its closer proximity to wilderness. Kelley Stand Road Flood Repairs Project Page 4

7 Transportation System PC We suggest that there be a sign posted in regard to the use of GPS directing people that use the road they cannot access Grout and Branch Ponds or hiking trails until the road is repaired to reduce unnecessary traffic. (14-7) Response: This is outside of the scope of the project intent but can be suggested to the Town of Sunderland in addition to road repair work activities. PC Consider replacement of the flat bottom culvert at the North Alder Brook crossing with a bottomless culvert that accept high water events to prevent erosion to private land and improve the stream ecology. (15-11) Response: This is outside of the scope of the project since it is east of the Kelley Stand Road Flood Repairs project area. Improvement suggestions specific to the culvert at the North Alder Brook crossing should be made to the Town of Sunderland given their jurisdiction of the road at this location. PC Encourage the towns to repair and open the road from Fire Road 71 to Fire Road 85 as soon as possible because it is a safety issue for people who own camps in the area. (13-3, 15-10) Response: The section of Kelley Stand Road between Forest Road 71 and Forest Road 85 has been repaired by the Town of Sunderland and is open for public access. PC Conduct the environmental analysis as quickly as possible. (8-1) Trails SC-01 Because Kelley Stand Road is also an important snowmobile trail that is part of the VAST statewide snowmobile trails system and delaying this project will have significant impact on the membership and local VAST Clubs. SC-02 Because closure of this road has had an impact on access to the Forest. Response: The environmental analysis has been completed as quickly as possible given other project priorities, and the additional time needed to meet the intent of the Sequoia Forest Keeper Court Order requiring a mandatory 30-day public comment period (Decision Memo, p. 18). Project implementation is anticipated to be initiated in the summer of 2013 so it is hoped that the trail will be open by the winter of Recreation PC Restore and expand the campsites along the road because this recreation opportunity has been a delight to many over the years. (9-3, 10-3, 16-12) PC Do not restore campsites along the first 2 miles of road because they result in trash and unattended campfires that impact private landowners. (14-3) Response: The restoration and re-establishment of dispersed camping sites between the Kelley Stand Road and Roaring Branch is outside the scope of this project. Camping at sites along this section of Kelley Stand Road will be prohibited given the safety hazard associated with future flash flooding, and the anticipated environmental impacts to the water resource from their continued use (Decision Memo, Dispersed Camping, p. 16; Mitigation Measures, p. 24). Social and Economic PC Private Property We have concern that campers may try to use land where homes were destroyed by the flood. (14-4) Response: This concern should be addressed by the Town of Sunderland since it is outside the jurisdiction of the Forest Service. Kelley Stand Road Flood Repairs Project Page 5

8 NON-ISSUES Processes PC Decision Making Work should proceed quickly because a project that could be done this year (2012) could have much less environmental impact than if conducted 5 or 10 years in the future. (10-2) Response: The project is anticipated to be implemented in the summer of 2013 following final design and contract development based on the decision documented in the Kelley Stand Road Flood Repairs Project Decision Memo. PC Why is the Forest Service so involved with a town road? (16-4) Response: Because federal money is involved and the road is within the National Forest, the Forest Service is obligated by law to complete an environmental review per the National Environmental Policy Act to provide the sideboards for the project proposal. PC Public Involvement Review the 1991 project file to consider public comments about upgrading the road that are the same as the current comments that express sentiment to avoid changing the quality and character of the road. (15-12) Response: The project is in compliance with both the Regional Plan dated May 2007 and the Sunderland Town Plan dated June The planned repairs are not designed to upgrade Kelley Stand Road beyond what existed prior to flood damage. The scenic and historic character of the road will be maintained to the extent possible while still allowing the road to reopen for safe public use (Decision Memo, Purpose and Need, p. 5; Visual Quality Resource, pp ; and Mitigation Measures, pp ). PC Why wasn t the Sunderland Planning Commission included in the December 2011 request for comments? (16-3) Response: The December 2011 request for proposal comments was sent to a list of known interested or affected individuals, towns and agencies including the Town of Sunderland, and was also posted on the Forest Service website. The Sunderland town clerk forwarded the request to known landowners along the Kelley Stand Road. The Town also included the proposal and request for comments on the town website. Exclusion of the Sunderland Planning Commission on the original mailing list was an oversight. PC What is the public process for providing input for the project design? (16-6) Response: Opportunity for public feedback to the proposal was provided during the Forest Service environmental review process beginning in December 2011 through the formal 30-day comment period from August 4-September 4, 2012 (Decision Memo, Public Involvement, pp ). Comments received were used to complete the environmental analysis based on a range of project activities proposed for implementation. Opportunity for additional public feedback will be made available through the Town of Sunderland public involvement process prior to the completion of the final project design. PC Agency Funding What strings are attached to the federal funding for repairs? (16-5 Response: The Town of Sunderland has final approval on the specifics of road repairs and restoration. There are no strings attached to the federal funding available through the Emergency Relief of Federally Owned Roads (ERFO) program as long as the final project design is within the range of actions analyzed in the Kelley Stand Road Flood Repairs Project Decision Memo dated November PC What is the estimated cost of road repairs and has the money been secured? (16-10) Response: The preliminary estimate for repair costs is about $2.5 million including the work already completed by the Town in the fall of Final repair costs depend on the final project Kelley Stand Road Flood Repairs Project Page 6

9 design and contract award process. Funding via the Federal Highways Administrations Emergency Relief for Federally Owned Roads (ERFO) program has been approved. PC We wish to continue as a consulting party on this project. (4-1) Response: The Delaware Tribe Historic Preservation Office will remain on the project mailing list and will receive all pertinent decision documents and information pertaining to cultural resources. Natural Resources PC Wildlife/Fish Improve the wild brook trout habitat as much as possible. (3-1) Response: The planned work includes the restoration of fish habitat within Roaring Branch including along segments adjoining private land pending owner approval (Decision Memo, pp. 6-7). PC Water/ Watershed I had hoped we (Battenkill Watershed Alliance) would be able to begin some habitat work on the Roaring Branch next year, but it looks like we will have to wait until construction is finished and the river has stabilized to some degree. (3-3) Response: Authorized fish habitat restoration work may be implemented in conjunction with road repair work beginning in the summer of PC We recognize the importance that recreational fishing has provided to the public and would like to have it re-established. (9-1) PC The town supports fisheries habitat restoration along the first 2.2 miles of road and can assist in identifying homeowners that could work with the Forest Service. (9-7) Response: See response to PC Transportation System PC Roads PC The town supports the need for permanent road repairs along the first 2.2 miles including the need to address the debris pile in the parking lot. (9-4, 11-1) The town supports shifting of the road north away from the stream because it will cause less disturbances to the stream and better protect the road from future flooding. (9-5) Response: The planned activities include permanent repair work along the first 2.2 miles of the road and provides for shifting heavily damaged road segments away from Roaring Branch where feasible (Decision Memo, pp. 5-7). Social and Economic PC Supports the repairs to Kelley Stand Road because it provides important Economics access to the National Forest from towns on the east and without access, businesses will be negatively impacted from year-round recreation users. (10-1) Response: The road repairs will reopen the road for public access along its entire route. Requests, Questions, Clarifications and Corrections PC Please send along plans to the US Army Corps of Engineers as they become available. (1-2) Kelley Stand Road Flood Repairs Project Page 7

10 PC Let me know when you ve got plans ready for review. (2-2) Response: Final project design plans and implementation schedule will be made available when they are complete. PC We look forward to receiving a copy of the cultural resources survey report if one is performed. (4-2) Response: A summary of final cultural resource analysis documentation was sent to the Delaware Tribe Historic Preservation Office via on October 11, PC Response: Comment noted. PC The VT Fish & Wildlife Department reserves opportunities to provide future input as the project development continues. (5-1) the scoping notice enclosure that was not received via the received from the Town regarding the February public meeting. (6-1) Response: The scoping notice was ed as requested on January 18, PC Response: Comment noted. PC The town will identify the exact location of the road reconstruction when more information is made available. (9-6) We would like a copy of the minutes or summary that are taken at the February 9, 2012 meeting. (12-1) Response: The public meeting notes were ed as requested on February 22, PC How will the assessment of taxes be determined to landowners that lost land to the flood? (12-4) Response: This question should be addressed by the Town of Sunderland since it is under their jurisdiction. PC Will surveying be done to determine lost land from the flood, and if so, who is responsible (the town or the landowner)? (12-5) Response: See response to PC PC Was there an environmental study required on the Kendall Farm Road and Fire Road 71? If one was not done, why is it required for the Kelley Stand Road? (13-1) Response: The damage to Forest Road 71 (Somerset Road) and Forest Road 320 (Kendall Farm Road) from tropical storm Irene flooding was much less substantial compared to Kelley Stand Road, and thus was covered by existing environmental review and documentation for routine road maintenance work. PC The design process should have already been going on this winter ( ) so work can start this summer (2012). (13-2) Response: The design work has been ongoing to some degree throughout the winter until present, but can t be finalized until the completion of the environmental review and Town of Sunderland decision processes anticipated by the end of calendar year Final design is anticipated to be completed by March 2013 with project implementation to begin in the summer of PC We need more information regarding the proposal to restore wildlife habitats and debris removal from Roaring Branch along private land. (14-5) Response: Landowner approval will be required before any fish habitat or stream restoration work along private land is implemented. Collaboration between the Forest Service, VT Fish & Wildlife Department, non-government organizations and landowners is ongoing. Landowners along Roaring Branch that may be affected will be contacted when specific proposed work and locations have been identified. Kelley Stand Road Flood Repairs Project Page 8

11 PC Review and re-publish the Shelley Height archeology report that advised against changes in the road because of the road s aesthetics and historical value. (15-13) Response: The project is in compliance with both the Regional Plan dated May 2007 and the Sunderland Town Plan dated June The planned repairs are not designed to upgrade Kelley Stand Road beyond what existed prior to flood damage. The scenic and historic character of the road will be maintained to the extent possible while still allowing the road to reopen for safe public use (Decision Memo, Purpose and Need, p. 5; Visual Quality Resource, pp ; and Mitigation Measures, pp ). Kelley Stand Road Flood Repairs Project Page 9