Decision Notice. Proposed Action

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Roger Fisher
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1 Decision Notice Paving Weld County Road 105 USDA Forest Service Arapaho and Roosevelt National Forest and Pawnee National Grassland Pawnee National Grassland Ranger District Weld County, Colorado November 2017 I have decided to implement the Proposed Action, as analyzed in the November, 2017 Paving Weld County Road 105 Environmental Assessment (EA) and Finding of No Significant Impact (FONSI). The proposed action is described below. Proposed Action The proposed action is to issue a special use authorization to permit widening and paving of County Road 105. This allows Weld County to use a 120-foot wide temporary construction corridor along those portions of WCR 105. The Road would be fenced. On NFS lands, all resource damage or ground disturbance would be reclaimed within the 120-foot temporary construction corridor up to the edge of the roadways to USFS standards. In addition, any ground disturbed on NFS lands that would not be needed for the acceleration and turning lanes at the intersection of WCR 105 and State Highway (SH) 14 would be reclaimed to USFS standards. This project would take place on 39 acres of National Grassland. Portions of the project would take place on 24 acres of non-federal lands. While the environmental analysis for this project will consider the potential resource effects on all lands within the project area, the USFS would only authorize use and occupancy of NFS lands. Weld County intends to do the following: Widen and pave WCR 105 from approximately ¼ mile south of SH 14 north to WCR 390, approximately 4 miles total length roughly 2.75 miles of this would be on National Forest System (NFS) lands within PNG. Reconfigure the intersection of WCR 105 and WCR 390 to make WCR 105 the through roadway. Add acceleration lanes and turning lanes for traffic traveling in all directions at the intersection of WCR 105 and SH 14. Except where WCR 105 would intersect SH 14 and where it would intersect WCR 390 (where turning lanes would be), the new asphalt paved road would be 36-foot wide with an additional 2 feet of gravel shoulder on each side. The new roadway would be used year round. Weld County has plans to construct the road improvements in two phases. Phase 1 includes widening and paving WCR 105 from just south of WCR 390 to SH 14 and reconfiguring the WCRs 105/390 intersection. This would occur in the summer of Phase 2 includes adding turning and acceleration lanes at the intersection of WCR 105 and SH 14 and would take place in the summer of This project meets the management direction set forth in the 1997 Revision of the Land and Resource Management Plan - Arapaho and Roosevelt National Forests and Pawnee National Grassland (Forest Plan) found at

2 The project design criteria are an integral part of this project and will be implemented in conjunction with the proposed action (pg. 6 of the EA). They also address issues identified during public scoping and are an integral part of the proposed action; without these criteria, there could be increased resource effects. The design criteria are listed below. Watershed 1. Road shall be located to avoid filling playas. 2. During construction, erosion and sediment control shall be installed and maintained to prevent resource damage. 3. Road fill slopes, roadside ditches, and other soil surfaces disturbed by construction and outside the road travel surface shall be stabilized, protected from wind and water erosion, and revegetated with a weed-free seed mix approved by the Forest Service. However, this does not preclude Weld County from re-contouring or maintaining the ditches in the future. 4. Abandoned road segments shall be restored prior to project completion. 5. Remove road base and other imported fill material. Soils and Botany 1. During construction, erosion and sediment control shall be installed and maintained to prevent resource damage. 2. Dust abatement shall be implemented if and where needed throughout the construction and restoration period. 3. Scrape and stockpile topsoil where heavy ground disturbance resulting in complete removal of the surface layer of soil is expected. 4. Re-contour, de-compact and/or scarify if/where needed. 5. Re-vegetate and apply straw mulch for moisture retention and erosion control. 6. Seed with a mix approved by the USFS Botanist or Range Specialist 7. Apply seed with a drill seeder at a rate determined by the USFS Botanist or Range Specialist 8. Apply seed in late fall. 9. Apply and crimp straw mulch. 10. Develop and implement a weed control plan that contains direction on frequency and duration. 11. County and USFS representatives shall conduct implementation monitoring during and following project implementation to ensure correct application of recommended design criteria. 12. County and USFS representatives shall conduct effectiveness monitoring to review success of recommended restoration actions and repair, maintain or improve these treatments if needed. Revegetation efforts shall be considered successful if at least 80% ground cover is attained. 13. Conduct rare plant surveys at the appropriate times of year: late April through early May for milkweed and moonwort, late August to mid-september for chenopodium. If sensitive species or other species of local concern are located prior to or during implementation, mitigate activities to avoid or reduce adverse impacts if feasible. Wildlife 1. For protection of Threatened and Endangered species with habitat on the South Platte River, ensure water use that exceeds 0.1-acre feet of water is non-tributary to the South DN Paving WCR 105 2

3 Platte River. Obtain water location in writing from the County. Water will come from nontributary wells at Briggsdale or Grover. 2. Avoid survey and all implementation activity and associated activity on PNG land from April 10 to July 10 to avoid impacts to the Mountain Plover as per Mountain Plover EIS, Forest Plan guideline 103 and Forest Plan Standard 50 (USDA Forest Service, 1994; USDA Forest Service, 1997). This measure also helps reduce mortality to young denning swift fox.). 3. Avoid construction activity on the prairie dog town, which would consist of approximately 0.2 acres of the proposed easement according to Forest Plan standard 50 (USDA Forest Service, 1997). 4. Use wildlife friendly fences to ensure access to essential habitat, (If barbed wire fencing is used, fences should be 4 strands, with bottom strand smooth wire height of 17 inches and top wire strand height of 42 inches, with 12 inches between top and second strand. Double stays between posts should be installed according to Forest Plan standards and CPW comment (USDA Forest Service, 1997). 5. Avoid using wattles for sediment control. 6. During the restoration phase, focus on preventing soil erosion rather than capturing sediment and use straw mulch. Avoid using any kind of netting material that could capture amphibians and reptiles. Heritage 1. Previously undiscovered sites encountered during the course of project activities would be avoided until they can be evaluated for National Register of Historic Places Eligibility in consultation with State Historic Preservation Office (SHPO). If affected properties are discovered after project activities are completed, the Forest would document any damage and consult with SHPO and Council pursuant to Code of Federal Regulation (b). 2. Adjust the construction corridor boundaries to avoid possible heritage sites. Rationale This project paves an existing road and widens it to make it safer. During the dry summer months, this road is extremely dusty making visibility a safety concern. The dust makes it difficult to see how much traffic is on the road and if it is safe to pass a slow moving vehicle. Paving the road would greatly improve safety and visibility. Paving WCR 105 also serves as a better route to the Pawnee Buttes Recreation Area, a major attraction on the PNG. To achieve this purpose, I have decided to implement the proposed action described above. I believe this project will help achieve Weld County s transportation goals and help the Forest Service improve transportation to the Pawnee Buttes Recreation Area and various PNG areas in the future. I have carefully reviewed the documentation presented by resource specialists that worked on this project, and I have looked at the public s considerations for this project. The PNG staff, the public, and interested parties did not express any concerns, or issues, that were not addressed by the design criteria or existing law. The impacts are non-existent or minimal in extent. I have looked at the design of this project in terms of safety. With the design features in place, I do not expect that this project will create a safety concern to the public. DN Paving WCR 105 3

4 Public Involvement This project was sent out for public comment on December 6, A legal notice was published in the Greeley Tribune and the Fort Collins Coloradoan on December 5, A notice was also published in the quarterly Range Bulletin Nov/Dec 2016 Issue 85, a Pawnee National Grassland publication. On December 5, 2016, the official 30-day comment period began for this project. A letter describing the proposed project was sent to 77 individuals and interested parties, and 15 tribal representatives at the same time. The proposed project was also listed on the Schedule of Proposed Actions on October 31, Information was also made available on the Arapaho and Roosevelt National Forests and Pawnee National Grassland webpage. The official comment period ended January 9, 2017.Three comments were received from individuals and interested parties. Commenters were mainly concerned with the effects on cattle and safety. Commenters suggested fencing which was added as part of the design criteria. A letter from one of the tribes was received that reported no properties were identified as affected at this time. The interdisciplinary team visited the project area, reviewed the public comments and also identified issues. The interdisciplinary team created the design criteria to address issues brought forward by all parties. Objection Opportunities This project was subject to a pre-decisional administrative review process, also known as an objection process (36 CFR 218, Subparts A and B). Only individuals or entities (as defined by 36 CFR 218.2) who submitted timely and specific written comments (as defined by 36 CFR 218.2) regarding this proposed project during a designated opportunity for public comment established by the responsible official were eligible to file an objection to the draft decision. Individual members of organizations must have submitted their own comments to meet the requirements of eligibility as an individual; objections received on behalf of an organization are considered those of the organization only. If an objection is submitted on behalf of a number of individuals or organizations, each individual or organization listed must meet the eligibility requirement of having previously submitted comments on the project ( 218.7). Written objections (mail, fax, , and hand-delivery) on this decision needed to be filed within 45 days starting the day after the publication date of the legal notice of opportunity to object in the Fort Collins Coloradoan, September 18, The publication date is the exclusive means to calculate the timeframe. The reviewing officer would have been the Regional Forester. Objections must have been be sent to: Objection Reviewing Officer, Rocky Mountain Region USFS, 1617 Cole Blvd, Building 17, Lakewood, CO 80401; or fax ; or to: objectionsr2@fs.fed.us. Electronic objections needed to be submitted in an message or in a.doc,.docx,.pdf,.txt,.rtf, or.html attachment. It was the responsibility of objectors to ensure their objection is received in a timely manner ( 218.9). IMPLEMENTATION DATE There were no objections to this decision filed. As per 36 CFR , if no objection is received within the legal objection period, this decision may be signed and implemented the fifth business day following the close of the objection-filing period. DN Paving WCR 105 4

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