US Forest Service Pacific Southwest Region Lake Tahoe Basin Management Unit

Transcription

1 , US Forest Service Pacific Southwest Region Lake Tahoe Basin Management Unit Decision Memo for Implementation of the Meeks Bay Resort BMP Retrofit EI Dorado County, California BACKGROUND: All proposed activities are located entirely on National Forest System (NFS) land, within the Meeks Bay Resort and Campground. The project area is located on Lake Tahoe's western shore, about 15 miles north of the city of South Lake Tahoe, and about 2 miles south of the city of Tahoma. Meeks Bay Resort spans section 20 and 29 oft.14.n., R.17.E. within EI Dorado County, California. Meeks Bay Resort is accessed by way of Highway 89, with ingress and egress onto Highway 89. All facilities within the Meeks Bay Campground and Resort are owned by the Forest Service and managed by the Washoe Tribe of Nevada and California, under the terms of a special use permit. The Meeks Bay Resort facilities were constructed between the 1930's and 1960's, and do not meet Forest Service accessibility standards. Approximately 8 cabins along the lakeshore have parking areas and walkways that do not meet water quality standards and do nqt meet a 5% accessibility slope. The Meeks Bay Resort provides for a variety of recreation uses and overflow parking during high traffic periods sometimes extends into the wooded areas, which causes compaction of the soil around trees, and destruction of understory vegetation, resulting in barren soils. These conditions result in potential erosion and impacts to water quality. The roads within the resort are eroded and covered with a crushed aggregate and a layer of wood chips in most areas. Approximately 100 feet of unimproved road runs directly adjacent to the lakeshore and erosion onto the beachfront is readily evident. The Kehlet House (located directly on the lakefront), is sometimes used for special events. The parking area, which is not part of the structure, does not comply with current water quality standards. The Kehlet house is eligible for listing on the National Register of Historic Properties, and as such the visual qualities of the structure and the areas directly surrounding it require careful consideration. Overhead electrical wires are supported by trees, and do not comply with current building codes. 1

2 PURPOSE AND NEED: There is a need to improve the condition of Forest Service facilities relating to health and safety codes by: Removing power lines from trees and retrofitting equipment such as transformers, switch gear, and distribution panels to meet existing codes. Improving the quality of the unimproved roads within the resort and improving wayfinding mechanisms to prevent vehicular damage and vehicular-pedestrian conflicts. There is a need to improve the recreation experience and accessibility of the site by: Providing efficiently designed Forest Service Outdoor Recreation Accessibility Guidelines (FSORAG) compliant parking areas and walkways within the resort. Providing safe and efficient pedestrian and vehicular circulation within the Resort. Providing an accessible pathway to the beach area. There is a need to improve the stormwater infiltration and increase water quality on the site by managing and improving stormwater quality through the use of BMPs to capture and infiltrate stormwater. The most urgent need occurs in the following areas: Off-pavement parking areas in the campground area and near the existing pavement parking. Resort roads going from the main lodge out to Kehlet House. Cabin parking and walkways along the resort road. Kehlet House parking area. Areas along the beach where sheet flow from the campground area becomes concentrated and flows directly onto the water front. PROPOSED ACTION: Improvements are planned to bring the Kehlet House site, the area between the marina and the lodge, the marina parking area, the cabin area parking, and off-pavement overflow parking areas into compliance with water quality protection best management practices (BMP) and accessibility requirements. This includes an accessible entrance to the beachllakefront area. Additional maintenance improvements associated with the BMP work include utility maintenance to the water and electrical systems and removing power lines from the trees. BMPs would be designed to infiltrate the 1 inch 1 hour event, and the 2 inch 24 hour rainfall event. The existing 2005 Meeks Bay Resort Campground Rehabilitation Decision Memo covering the installation of bollardslbarrier rocks in the campground will be implemented in conjunction with this project. See Figure 1 for an illustration of anticipated BMPs. BMP and utility work within the resort may include (but is not limited to): Terracing (approximately 100 linear feet or less) Slope stabilization using vegetation (approximately 2,000 square feet) Infiltration basins, including rock-lined infiltration trenches, shallow infiltration depressions, and vegetated swales (approximately 5,000 square feet of basins) Regrading of the Kehlet House drive (approximately 13,000 square feet) 2

3 .. Surface improvements that could include (but are not limited to) spreading of mulch and the hardening of surfaces using concrete, asphalt, pervious paving systems, paver stones, or gravel (approximately 20,000 square feet) Installation of bollards or boulders to prevent parking on bare soil areas Roofline drip trenches (approximately 400 linear feet) along the cabins and the Kehlet House Approximately 1,000 linear feet of trenching at a depth of 24 inches for underground utility installation. Approximately 500 linear feet of trenching to a depth of 42" for a large diameter (anticipated 6 inch) water line. Roadways leading to the marina and marina parking are not considered for a full retrofit at this time because current planning related to the restoration of Meeks Creek is underway and decisions related to the future configuration of the marina have not yet been determined. Low cost, short-term BMPs such as minimal regrading, gravel, or wood chips are planned to help alleviate some of the water quality problems until a long term plan is implemented. PROJECT DESIGN FEATURES: Project design features are elements of the project that are applied to the project area as part of the Proposed Action. These features are developed based on Forest Plan direction and site specific evaluations in order to reduce or avoid negative environmental impacts of the proposed action. Project design features associated with this project include the following: Recreation and Access Safety buffers would be provided around the construction site (i.e. signing and temporary fencing). Temporary facility closures will be coordinated with the concessionaire. Scenic Resources New facilities would be designed to blend with and enhance the existing landscape through the use of native materials and neutral colors. The design will be consistent with the USFS Built Environment Image Guide. Removal of large trees (greater than 24 inches diameter at breast height [DBH]) would be minimized to maintain the natural character of the site. Heritage Resources If any previously unrecorded cultural resources are discovered during project monitoring or project construction, all project-related activities would cease immediately in the vicinity of such discoveries, the Forest Service would begin the consultation process, as outlined in Section of the Advisory Council on Historic Preservation regulations "Protection of Historic Properties" (36 CPR Part 800). 3

4 Soil and Ground Disturbance Project activities would occur within the TRPA grading ordinance season (May 01 - October 15). If grading or movement outside of this window becomes necessary (i.e. to finish BMP's, etc.) a standard grading exemption permit request would be submitted to TRPA and LWQCB for approval. During periods of inclement weather, operations would be shut down until conditions are sufficiently dry and stable to allow construction to continue without the threat of substantial erosion, sedimentation, or offsite sediment transport. Erosion control and prevention of sediment transport for this project would be implemented in accordance with; USDA, Water Quality Managementfor Forest System Lands in California -Best Management Practices (USDA 2000). This project will also be included in the Region 5 Best Management Practices Evaluation Program (BMPEP) monitoring sample pool and will be subject to temporary BMP (TBMP) monitoring evaluations while construction is ongoing. Provision for hazardous materials spill kits would be included in the contract specifications. Staging of materials and equipment would be limited to existing disturbed areas outside the SEZ (where soil is already compacted and vegetation has been cleared). Following project completion, any areas used for staging and not intended for continued vehicular use would be tilled, seeded, and mulched. Rock, soil and other earthen material, removed during grading operations, may be stockpiled and used for construction activities. Consistent with BMP requirements, measures would be employed that prevent stockpiled material from entering the stream channel or otherwise adversely affecting ground water, such as with the use of fiber logs, covering with tarps, etc. BotanylNon-Native Invasive Plant Species Surveys of sensitive plants have already been conducted and the TES species Rorippa subumbellata was found in the marina area. The project is not anticip~ted to affect these habitat areas. If any sensitive plants or special interest plants are found they would be flagged and avoided. A biologist will verify that the protective fencing is still standing prior to the start of construction. Include non-native invasive species prevention measures in project contract. The noxious weed coordinator would be consulted for clause terminology (found in the noxious weeds risk assessment, Project Record Document 03). All construction and earth-moving equipment would be sanitized free of non-native invasive plant species before moving into the project area. Equipment would be considered free of non-native invasive plant species when visual inspection by the 4

5 Contracting Officer's Representative does not reveal soil, seeds, plant material, or other such debris. When working in known weed infested areas clean equipment before moving to other NFS lands which do not contain invasive weeds. All gravel, fill, mulches or other materials would be required to be weed-free. Obtain certified weed-free materials from gravel pits and fill sources that have been certified weed free or have been surveyed and approved by LTBMU botanist, noxious weed coordinator or ecologist. Staging areas for equipment, materials, or crews would not be situated in areas infested by non-native invasive species. Areas containing non-native invasive species would be "flagged and avoided" or treated before implementation. Cheatgrass infestations affected by project activities would be treated and covered with weed matting prior to and during project implementation. Treatment would be done as described in the Terrestrial Invasive Plant Species Treatment Decision Notice (October 2010). Staging areas for equipment, materials, or crews will be designated in parking lot areas away from cheatgrass and invasive weed infestations. Disturbed areas will be revegetated with weed free native seed mix. All activities that require seeding or planting must utilize locally collected native seed sources when possible. Plant and seed material should be collected from or near the project area, from within the same watershed, and at a similar elevation when possible. Seed mixes must be approved by a LTBMU botanist, noxious weed coordinator or ecologist. After the project is completed, all disturbed project areas will be monitored for 3 years to ensure non-native invasive species do not spread and additional non-native invasive species do not become established in areas affected by the project. Wildlife No limited operating periods currently apply to this project. If special status wildlife species are detected in the project vicinity, limited operating periods would be implemented as determined by the project biologist (LTBMU FP standards and guidelines page IV-10, IV-27, IV-90, Forest Order ; SNFPA 2004 standards and guidelines 57,62,76,77,78,79,83,85,88; TRPA Code of Ordinances, Chapter 78). Currently, no northern goshawk or California spotted owl PACs occur within the project area. Any sightings of threatened, endangered, candidate, sensitive, management indicator, or special interest species would be reported to the project biologist. Nests, dens, and sensitive plants would be protected with flagging, fencing, or limited operating periods in accordance with management direction in the Lake Tahoe Basin Management Unit Forest Plan as amended. Species identification, 5

6 known locations, and protection procedures for both plants and animals would be brought up during a pre-construction meeting. Minimize the removal of larger trees as required for an efficient road system. Species preference for retention would be given to large cedars, then pines, and finally to firs. Structural preference would be given to live trees with spreading branch structure, large diameter broken tops, or cavities in the bole for wildlife habitat (LTBMU FP IV-26.1, SNFPA 51.11). Snags would be retained for wildlife unless deemed a hazard tree according to the Region 5 Hazard Tree Protocol (Project Record Document 02). Bear-proof garbage canisters would be temporarily installed during implementation or trash would be removed daily to prevent wildlife attraction to the project area. Ground and vegetation disturbance would be minimized during implementation of the proposed action to avoid or minimize loss of native vegetation and disturbance to terrestrial wildlife habitat. REASONS FOR CATEGORICALLY EXCLUDING THE PROPOSED ACTION: CEQ regulations allow federal agencies to exclude from documentation in an environmental assessment (EA) or environmental impact statement (EIS) categories of actions that do not individually or cumulatively have a significant effect on the human environment, based on the agency's experience and knowledge. I have concluded that the proposed action fits under 36 CFR (d)(5), "Repair and maintenance of recreation sites and facilities." This proposed action fits within this category because the project scope is limited to the Meeks Bay Campground and Resort and the included actions are common on the Forest, and do not normally, individually or cumulatively have a significant effect on the quality of the human environment. Therefore a categorical exclusion is appropriate. EXTRAORDINARY CIRCUMSTANCES: Extraordinary circumstances do not exist which preclude this project under this Categorical Exclusion. The following paragraphs address the extraordinary circumstance categories associated with the project per 36 CFR 220.6(b). The mere presence of one or more of these resource conditions does not preclude use of a categorical exclusion (CE). It is the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions and if such a relationship exists, the degree of the potential effect of a proposed action on these resource conditions, that determine whether extraordinary circumstances exist. (36 CFR 220.6(b). 1. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species- 6.

7 There will be no effect, or will not likely adversely affect federally listed threatened or endangered species, species proposed for listing, designated critical habitat, or proposed critical habitat because none are found within the project area. The project may affect individuals, but is not likely to result in a trend toward Federal listing or a loss of viability. Project activities may result in some loss of habitat, reduction of habitat quality, or timing of nesting, denning, and foraging for the species. However, the scale of this reduction is small, and design features would reduce both direct and indirect impacts (Project Record Document 04 and 05). 2. Flood plains, wetlands, or municipal watersheds -There are no municipal watersheds in the Basin. There are no stream environment zones (wetlands), or floodplains within the project area. 3. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas - The Meeks Bay Campground and Resort does not lie within the boundary of congressionally designated areas. 4. Inventoried roadless areas - The Meeks Bay Campground and Resort does not lie within the boundary of known inventoried roadless areas. 5. Research Natural Areas - The Meeks Bay Campground and Resort does not lie within the boundary of a Research Natural Area. 6. American Indians and Alaska Native religious or cultural sites - The project area does not lie within the boundary of known American Indian cultural or archeological sites. The Washoe Tribe of Nevada and California was contacted regarding this project. No concerns were identified by the Tribe. 7. Archaeological sites, or historic properties or areas - The project area does not lie within the boundary of known archeological sites or historic properties (Project Record Document 06). The Kehlet House, which is located on the Meeks Bay Resort property, is eligible for listing on the National Register of Historic Properties, but the house is not included in the project boundary. Design features were added to ensure that the project will have no impact on the Kehlet House. FINDINGS REQUIRED BY OTHER LAWS: This project is in accordance with Federal, State, and local laws. Specifically: National Forest Management Act - This Act requires the development of long-range land and resource management plans (LRMP). The Act requires all projects and activities to be consistent with the local forest LRMP ("Forest Plan"). The LTBMU Forest Plan was approved in 1988 and has been amended several times, including the Sierra Nevada Forest Plan Amendment (2004). The LRMP guidance for natural resource management activities has been reviewed in consideration of this project; this project is consistent with the Forest Plan as amended (Project Record Document 07). The project's potential effect on Management Indicator Species has been analyzed; this project will not affect MIS (Project Record Document 05). 7

8 Endangered Species Act - In accordance with Section 7(c) of the Endangered Species Act, the USFWS list of "endangered and threatened species that may be affected by projects in the Lake Tahoe Basin Management Area" (January 6, 2011) was reviewed and appropriate restrictions are reflected in the design features. National Historic Preservation Act - Section 106 of the National Historic Preservation Act requires federal agencies to take into account the effect of a project on any district, site, building, structure, or object that is included in, or eligible for inclusion in the National Register. Compliance for section 106 of this project will be through the regional programmatic agreement between FS Region 5, the California SHPO, and the ACHP. Surveys conducted for Native American religious or cultural sites, archaeological sites, and historic properties or areas that may be affected by this decision were reflected in the project planning. Tahoe Regional Planning Agency - This project is exempt from permitting under the Memorandum of Understanding between the LTBMU and the TRPA, Section III, A-3. Lahontan Regional Water Quality Control Board - A National Pollution Discharge Elimination System permit will not be required for construction. PUBLIC INVOLVEMENT: The Meeks Bay Resort BMP Retrofit project appeared on the LTBMU SOPA list starting on January 1,2011. The LTBMU contacted a focused list of stakeholders, including the Lahontan Regional Water Quality Control Board and the Washoe Tribe of Nevada and California to describe the proposed action and identify any concerns. No concerns were expressed. Additionally, public notice was provided in the Tahoe Daily Tribune newspaper providing information for public input and the proposal was posted on the LTBMU public website. No significant comments were received during public scoping. Il\tIPLEMENTATION DATE: The planned implementation date for the utility work portion of the Meeks Bay Resort BMP Retrofit is May Implementation of the water quality BMPs and other items in the proposed action will begin after September 6, ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNITIES: The Meeks Bay Resort BMP Retrofit Project decision is not subject to appeal pursuant to 36 CFR (f) as it is a decision which has been categorically excluded from documentation in an Environmental Assessment or Environmental Impact Statement. The Washoe Tribe of Nevada and California is hereby notified of their right to appeal this decision in accordance with 36 CFR 251, Subpart C. Appellants must meet the requirements described under 36 CFR

9 SIGNATURE AND DATE: I have concluded that this decision may be categorically excluded from documentation in an environmental impact statement or environmental assessment as it is within one of the categories identified by the U.S. Department of Agriculture in 7 CFR part Ib.3 or one of the categories listed in sections (d) and (e) of 36 CFR My decision concludes that no extraordinary circumstances exist related to the proposed action that may result in a significant individual or cumulative effect on the human environment. My conclusion is based on information presented in this document, my familiarity with the project areas and the entirety of the project file. Forest Supervisor, Lake Tahoe Basin Management Unit s-(,/u(( Date 9

10 Figure 1. Meeks Bay Resort BMP Retrofit Project Area Description Meeks Bay Resort BMP Retrofit Proposed BMP Locatlons.; legend,.. Accessibility/BMP upgrades _ BMPs for stabilization Intermittent BMPs where needed to stabilize and infiltrate water* _ Grading/SUrface treatment" - Accessible path to beach laiie TAHOE Meeks Bay Marina BMPs far stabilization may include (but are nat limited tol terrilci!s, stabilization using wptiiiion, infiltration bii5ins, and vegetlib!d swldes. -- BMPs to stabifize and infiitriite "tater mav indude (but are not lim2ted to) infiftration bilsins, rod-lined infiltration trend1es, shallow infiltrcltion depressions, and vegetl%ed SWilles. ii rged Grading and surface In!atment!i may include (but iiil! not 6mib!d to) spreading of mulch, and the hilrdening of surfaces usific mnaete, asphalt, pervious paving systems, paver stones, or gr.well. 10