Draft Record of Decision MT Rose
Draft Record of Decision MT Rose
Draft Record of Decision MT Rose
United States
Department of
Agriculture
Forest
Service
Intermountain
Region
February 2019
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Draft Record of Decision
Introduction
This draft Record of Decision (ROD) documents my decision to select Alternative 3, as identified
and analyzed in the Mt. Rose Ski Tahoe Atoma Area Expansion Final Environmental Impact
Statement (FEIS). My decision is based on and supported by the FEIS and the project record.
Background
Mt. Rose Ski Tahoe is located on private and National Forest System (NFS) land on Slide
Mountain in the Carson Range of the Sierra Nevada Mountains, approximately 25 miles southeast
of Reno, Nevada. The NFS land within Mt. Rose Ski Tahoe’s special use permit (SUP) boundary
is administered by the Carson Ranger District of the Humboldt-Toiyabe National Forest (HTNF).
Mt. Rose Ski Tahoe operates under a SUP administered by the HTNF authorizing the use of NFS
land. The permit totals 544 acres. The terms of the permit require the preparation of a Master
Development Plan (MDP), which identifies goals and opportunities for future management of the
ski area on NFS land. Mt. Rose Ski Tahoe prepared a MDP in 2003, and to date, many of the
projects have been implemented. In 2010 an addendum to the 2003 MDP was prepared and
accepted by the HTNF. The 2010 MDP Addendum identified the expansion of the permit
boundary to include the Atoma Area and associated ski area infrastructure in that area as well as
expansion of the snowmaking water storage system. United States Department of Agriculture
(USDA) Forest Service (Forest Service) acceptance of the 2010 MDP Addendum does not
constitute approval for individual projects. Implementation of individual projects identified in the
2010 MDP Addendum is contingent upon subsequent site-specific analysis and approval, in
accordance with the National Environmental Policy Act (NEPA) process.
This draft ROD documents my decision to approve construction, operation, and maintenance of
new ski terrain and associated facilities connecting to the existing base area and a water tank
which were included in the 2010 MDP Addendum.
Additional authorizations or permits are required where agencies have jurisdiction or approval
authority over some project components. Associated improvements that would be constructed on
private land owned by Mt. Rose Ski Tahoe include a guest service facility, ski trail, a water line
(to provide snowmaking water to the Atoma Area), a portion of the skier bridge (to cross the Mt.
Rose Highway), and a chairlift (refer to Figure ROD 1). Mt. Rose Ski Tahoe would be required to
obtain an encroachment permit from the Nevada Department of Transportation (NDOT) for the
skier bridge that would span Mt. Rose Highway connecting Mt. Rose Ski Tahoe private land to
the Atoma Area on NFS land. Although some improvements are outside the authority of my
decision, they are considered connected actions, as defined by the Council on Environmental
Quality (CEQ); therefore, these actions were analyzed in the same environmental impact
statement (40 CFR § 1508.25(a)(1)).
septic at the existing Atoma building. The restroom would be located east of the existing
Atoma building for ease of access.
Construction of the skier bridge, trails and chairlifts in the Atoma Area would be phased to
protect wildlife habitat. Therefore, no development in the Atoma Area would occur prior to
construction commencing on the skier bridge first, as the skier bridge is an essential project in the
successful use of the Atoma Area. The schedule of projects in the Atoma Area is subject to
approval by the Forest Service.
Decision Rationale
Following review of public and agency comments on the DEIS, Alternative 3 has been identified
as the Agency’s Selected Alternative. Alternative 3 best meets the need of improving the quality
of the ski area’s recreation offerings on NFS land and enhancing the recreation experience for
skiers, while minimizing environmental and human impacts. A two-lift system, where one
chairlift services the expanded ski terrain and the second chairlift aligns with the skier bridge to
connect the Mt. Rose Ski Tahoe base area to the Atoma Area, reduces potential safety risks to
motorists on the highway and in the parking lot, minimizes the feeling of exposure to chairlift
riders, and provides easier maintenance access and emergency egress. This alternative minimizes
impacts to whitebark pine, a candidate species for listing under the ESA by reducing the footprint
of the water storage tank while providing the benefit of additional stored water for snowmaking
capacity for use on existing terrain and new terrain in the Atoma Area. Wetlands and perennial
streams are avoided by utilizing existing road alignments and natural openings for new terrain
development as much as possible. This alternative also restricts future commercial development
on 3,446 acres of NFS land acquired in the 1994 Galena Land Exchange to maintain dispersed
recreation opportunities.
My conclusions are based on a review of the FEIS and Project Record, which documents a
thorough analysis and use of best available science and information. I have considered the issues
raised by the public during the environmental review and several of those issues area addressed in
the following discussion.
Mt. Rose Ski Tahoe is well known for its abundance of advanced and expert terrain; however, it
struggles to provide a full extent and variety of lower-ability level terrain. Additionally, a majority
of the lower-ability level terrain that is currently offered is shared by upper-ability level guests,
which impacts the experience of these users.
The trails in the Atoma Area would provide a unique skiing experience, separate from other users
at the resort, improving the skier experience, skier distribution, and skier safety throughout the
permit area. I considered comments about the trail alignments and design within the Atoma Area
and the trails were planned to make the best use the available topography while providing a
unique experience for the lower-ability level skier.
Further, as a resort that primarily attracts day skiers, particularly during the weekend and holiday
periods, snowmaking has become critical for Mt. Rose Ski Tahoe. The planned snowmaking
water storage would allow Mt. Rose Ski Tahoe to meet the needs of visitors during the early
season and during periods of limited snow and it would accommodate snowmaking coverage on
terrain within the Atoma Area.
Finally, I anticipate that the Forest Plan Amendment will maintain dispersed recreational use, free
of commercial development throughout 3,446 acres of land acquired through the 1994 Galena
Resort Land Exchange with the exception of the proposed Atoma Area (112 acres) and the Chutes
(131 acres) already within the Mt. Rose Ski Tahoe permit area.
The permit boundary expansion, ski area development, and the Forest Plan Amendment are
consistent with the 1986 Toiyabe National Forest Land and Resource Management Plan (1986
Forest Plan). The 1986 Forest Plan identifies Mt. Rose Ski Tahoe as located within Management
Area 2 (Carson Front), which provides a diverse set of resources to the population centers located
in Washoe Valley, as well as to those situated around Lake Tahoe. Resources such as watershed,
wildlife, aesthetics, and recreation are considered important to the quality of life to people in
these communities. Management Area 2 (Carson Front) provides a diversity of recreation
opportunities, with a focus on dispersed recreation (consistent with this proposal and the Forest
Plan Amendment) (1986 Forest Plan, IV-83). Intensive recreation management emphasis is
prescribed on NFS land along the Mt. Rose Highway. This includes both semi-primitive
motorized and non-motorized experiences. The 1986 Forest Plan also allows expansion of
existing ski areas to be subject to accepted master plans (1986 Forest Plan, IV-83).
Alternative 3 aligns the Atoma chairlift to cross Mt. Rose Highway at the same location, and
above, the skier bridge and avoids crossing over the parking lots. This adjustment minimizes the
feeling of exposure to chairlift riders as well as preventing objects accidentally being dropped by
skiers onto the Mt. Rose Highway or parked vehicles. In addition, the selected alternative
improves the user experience on this terrain as it allows visitors to round-trip the Atoma Area
terrain without crossing the highway and bridge on every run. Although the selected alternative
would result in an additional 1 acre of permanent infrastructure impacts (beyond impacts
identified under Alternative 2) the experience provided by allowing the Atoma Area to be round-
tripped independently of the highway crossing increases the time spent in the expanded ski terrain
rather than returning to the main portion of the ski area and crossing the skier bridge on each run.
This decision requires implementation of management requirements (see Table ROD-1) to avoid,
minimize, or mitigate impacts on resources during construction.
Recreation
Atoma Area SUP Expansion
As discussed in the Section 3.2 (Recreation) of the FEIS, under the selected alternative, the
permit boundary will be expanded to include the Atoma Area and the terrain will be connected to
Mt. Rose Ski Tahoe by a new ski trail, skier bridge, and two chairlifts. These new chairlifts will
accommodate 2,000 people per hour.
Under the selected alternative, the Atoma Area would be serviced by two lifts—one providing
access within the terrain north of the Mt. Rose Highway, and the other providing the return trip
from the Atoma Area when a visitor wants to return to the main portion of the ski area. The
terrain provided in the Atoma Area would be a new experience for lower-ability level skiers at
Mt. Rose Ski Tahoe. The low-angle trails would provide an appropriate setting for novice skiers
to learn to regulate speed and control on low density trails. Additionally, this terrain is less
intimidating than riding the chairlift to the top of the mountain, where trails are shared with
upper-ability level skiers.
The selected alternative includes a restroom facility on the north side of the Mt. Rose Highway
within the Atoma Area. The location of this building would be accessible to visitors riding both
Atoma chairlifts, near the top terminal of Chairlift A and the bottom terminal of Chairlift B and
would allow visitors to stay on the north side of the Mt. Rose Highway for restroom facilities.
Recreationists who currently use the Atoma Area for dispersed winter recreation would lose some
opportunities under the selected alternative. Mixing dispersed recreational activities (e.g., Nordic
skiing and snowshoeing) with downhill developed skiing would require effort from all parties.
Mt. Rose Ski Tahoe has committed to identifying an access corridor through the Atoma Area for
dispersed recreationists to access adjacent NFS backcountry areas identified in Figure 8 of the
FEIS. Mt. Rose Ski Tahoe has also committed to provide parking in lot 7 so the backcountry
skiers can use the skier bridge to safely access the backcountry ski area on NFS land (see
Management Requirements RT 1–3). Dispersed recreational users would be encouraged to cross
over the Mt. Rose Highway on the skier bridge throughout the year, which would provide access
to NFS land and the Atoma Area for backcountry users without crossing the Mt. Rose Highway.
Water Tank
Development of additional snowmaking water storage in the form of a 5-million-gallon tank will
enable Mt. Rose Ski Tahoe to provide snowmaking coverage on existing and new terrain. This
enhanced snowmaking capability will benefit skiers of all ability levels by improving the overall
quality of terrain, particularly in the early season and during periods of low natural snowfall. The
water tank, in approximately the same location as the originally proposed impoundment, was
determined to be a more suitable design solution to reduce potential public safety concerns of
dam failure and downstream flooding. In addition, the water tank has a smaller disturbance
footprint of approximately 1.2 acres versus 3.5 acres required for the previously-proposed water
impoundment; thus, also reducing the impacts to whitebark pine.
Developed recreational use of the Atoma Area will be limited to the ski season (i.e., the ski area’s
operational period), while lift, trail, and snowmaking infrastructure maintenance are anticipated to
occur during the summer. No impacts to roadless characteristics or wilderness attributes are
anticipated to the IRA outside the expanded Mt. Rose Ski Tahoe SUP boundary.
Visual Resources
Under the selected alternative, new ski area infrastructure projects will be visible in varying
degrees from within the ski area, as well as from the Mt. Rose Highway, and from nearby, higher
elevation areas on the HTNF.
I considered the visual simulations depicting the projects and visual resources of the project area,
as well as the analysis in Section 3.5 (Visual Resources) of the FEIS. Due to the location of these
project components, the orientation (i.e., bends) of Mt. Rose Highway and the speeds at which
1
Existing roads would be used for construction and on-going maintenance activities.
2
36 CFR §§ 294.12 and 13
motorists travel, the duration for which the chairlift, skier bridge, and water tank will be visible
would be short—generally lasting a few seconds in either direction.
Further, the existing, natural vegetation that exists between the Mt. Rose Highway and the Atoma
Area will screen most of the new infrastructure from view. Additionally, the new infrastructure in
the Atoma Area will only be visible to skiers or dispersed (summer) recreationists who are in or
travelling through the area. Therefore, the Atoma Area will be consistent with the Forest Plan
VQO of Partial Retention.
Under the selected alternative, Chairlift B, the elevated trail, and skier bridge will be clearly
visible to drivers on the Mt. Rose Highway in the foreground view. Any portion of the new
chairlift, elevated trail and skier bridge that is visible from the Mt. Rose Highway will represent
incremental changes consistent with the developed theme of the ski area and be visible for a very
short period (and consolidated to one location) to motorists traveling on the highway.
Management Requirements VI 1–6 require the facilities meet the Forest Service Built Image
Guides and color guidelines and NDOT aesthetics requirements, as well as require the removal of
individual chairs that would otherwise hang over the highway in summer months to minimize
visual impacts.
Cultural Resources
While the potential effects of the ski area expansion on archaeological resources within the
project’s Area of Potential Effects (APE) are described in Section 3.6 (Cultural Resources) of the
FEIS (see Section 3.6.2 [Affected Environment]), the potential effects of this action on the
Mt. Rose Ski Tahoe architectural elements have not been fully evaluated. The Forest has
determined that archaeological resources inventoried within the APE are ineligible for listing in
the National Register of Historic Places; however, consultation with the Nevada State Historic
Preservation Office (NV SHPO) on the cultural resource identification efforts, cultural resource
evaluations and project effects determination for the Mt. Rose Ski Tahoe – Atoma Area
Environmental Impact Statement Heritage Resource Inventory and Evaluation Reports is
ongoing. I will not sign the final record of decision until National Historic Preservation Act
Section 106 obligations have been fulfilled.
Because the Forest Plan Amendment will preclude commercial development on 3,446 acres of
NFS land, this component of the action alternatives will minimize impacts to botany and
overstory vegetation and limit the spread of noxious weeds to these areas.
Forest Health
Implementation of the selected alternative will result in conversion of approximately 27.6 acres of
healthy, diseased, and dead forested areas through the construction of ski trails, lift line clearing,
and clearing of the area for the water tank. Both healthy and infested whitebark pine trees would
remain within the Analysis Area. Although stand mortality from infestation in California is
relatively low, some studies show the whitebark pine population near Mt. Rose Ski Tahoe may be
in decline. 3 It is unclear how the removal of healthy trees may hinder or enhance stands
exhibiting low blister rust incidence. The removal of forty whitebark stems (under either Action
Alternative) that are diseased or four that are currently healthy will not have an adverse effect on
the whitebark pine population in the Carson Range. Management requirements and mitigation
further reduce impacts to whitebark pine (see Management Requirements BO 1–10).
Wildlife
As discussed in the EIS, review of the Atoma Area showed no federally listed species’ habitat is
present in the Analysis Area; therefore, there will be no effect to federally listed wildlife species.
Five Region 4 sensitive species have potential to be impacted by the project. The selected
alternative may impact individuals but is not likely to result in a trend toward listing or loss of
viability for the Northern goshawk, mountain quail, and California spotted owl. In addition, the
selected alternative will impact individuals but is not likely to result in a trend toward federal
listing or loss of viability for the flammulated owl and white-headed woodpecker. I have
considered these impacts to wildlife and they can be minimized by implementation of the
management requirements and mitigation measures in Table ROD-1 (see Management
Requirements WL 1–10). Further, construction of the skier bridge, trails and chairlifts in the
Atoma Area would be phased to protect wildlife habitat. Therefore, no development in the Atoma
Area would occur prior to construction commencing on the skier bridge first, as the skier bridge
is an essential project in the successful use of the Atoma Area. The schedule of projects in the
Atoma Area is subject to approval by the Forest Service.
The Pine Ridge Water storage spring source and water tank is approximately 500 feet from the
nearest proposed trail (Trail A). Effects to the water source are not anticipated because of the
distance between the edge of disturbance for the projects and the spring and tank. Additionally,
the revegetation will be required on the ski trails to establish soil productivity and stabilizing
vegetation. A revegetation plan will be developed and approved by Forest Service specialists and
will include at a minimum, appropriate revegetation options, seed mixes and goals for
establishing success of revegetation or desirable species.
The following Management Requirement will prevent direct effects to the spring and holding
tank during construction:
WA 2: Fence and avoid the Pine Ridge spring water source during construction to prevent
any impacts to the water system. Additionally, the existing vegetative buffer between the
proposed development and the water source is to be retained.
3
Maloney, 2012
Wetlands
In accordance with Executive Order 11990, the action alternatives were designed to avoid
impacts to wetlands. Streams and wetlands within the project area were delineated and the
projects included in the action alternatives will not result in any impacts to streams or wetlands. 4
Mowing and tree removal that is proposed within wetland boundaries will occur over a minimum
of 2 feet of snow to avoid any impacts to wetlands (see Management Requirement WA 10).
Soils
Approximately 22.7 acres will be graded under Alternative 3—14.5 acres on NFS land and
8.2 acres on private land. Grading results in vegetation removal and soil compaction, reducing
infiltration and increasing erosion. Because soils at Mt. Rose Ski Tahoe have been shown to be
difficult to stabilize and maintain productivity after disturbance, the erosion potential in disturbed
areas are anticipated to increase immediately following disturbance and decrease as restoration
activities stabilize soils and vegetation. Erosion potential in the Atoma Area is expected to be
lower than across the existing Mt. Rose Ski Tahoe SUP area, due to shallower slopes.
Grading required for lift towers and terminals, the guest service facility (private land), and the
snowmaking water tank, would result in a permanent loss of soils resources. Approximately
1 acre of soils would be lost due to installation of lift towers and terminals and the guest service
facility. Approximately 0.5 acre of soils would be lost from the installation of the snowmaking
water tank on NFS land.
Noise
Residents are expected to experience an increase in noise from grooming, snowmaking, snow-
mobile equipment and human voices during the winter ski season as the Atoma Area will be
closer to homes than existing Mt. Rose Ski Tahoe facilities. Noise from snowmaking will be
expected to contribute to an increase in ambient noise particularly mid-October through
December (see Table 27 in Section 3.11.2 of the FEIS). Current operations and maintenance of
the existing Sky Tavern ski area would continue to occur proximate to the homes providing
ambient noise in the affected area.
Climate Change
A carbon dioxide equivalent (“CO2e”) emissions screening model was used to estimate the
amount of possible annual emissions from the action alternatives. 5 The model analyzes annual
CO2e emissions from new facilities, energy use for snowmaking, energy use for lifts, passenger
vehicles related to increased visitation, the loss of carbon sequestration resulting from tree
removal in the forest, and mountain operations such as grooming and snowmobile use. Short-term
4
42 Federal Register 26961
5
The model draws upon established information, tools and methodologies from the Environmental
Protection Agency and other sources to assess the potential impact of proposed actions. A full description
of the model methodologies and assumptions is contained in the Project Record.
(non-annual) CO2e emissions resulting from project construction were also analyzed (see Section
3.1.2.2 of the FEIS).
There will be a limited amount of greenhouse gas (GHG) emissions associated with additional
vehicular trip generation, project construction, and grooming. Specifically related to construction
of proposed projects, the estimate is up to 600 metric tons of short-term (non-annual) CO2e
emissions. Up to 700 metric tons of annual CO2e emissions will be generated in relation to the
proposed projects. Due to the resort being located at a higher elevation than most resorts in the
area (the project area extends from 7,970 feet to 8,435 feet) and with increased capacity for
snowmaking included in the project, the selected alternative is not anticipated to be affected by
climate change. Additionally, the project is not anticipated to effect climate change.
Conclusion
My decision is a culmination of a detailed planning, analysis, and public engagement process;
many factors have been evaluated over the past four years through the MDP and the EIS
processes. I am thankful for the partnership the HTNF maintains with Mt. Rose Ski Tahoe, and
the collaboration with NDOT, the community and the commitments that have resulted from this
process. The selected alternative best meets the Purpose and Need while minimizing resource
impacts.
Management Requirements
The following management requirements are incorporated into the selected alternative.
Management requirements are composed of mitigation measures, Project Design Criteria, and
Best Management Practices, as well as Forest Plan standards and guidelines. Some of these
management requirements are common and have been found to be beneficial at similar projects
on NFS land by ski area managers, while others were specifically identified by resource
specialists for the FEIS. All of the included management requirements have been determined to
be effective in terms of avoiding, minimizing and/or mitigating impacts on a resource-by-
resource basis through formal and informal monitoring by resource specialists within the ID
Team. The resource analyses included in Chapter 3 of the FEIS incorporate these management
requirements.
Public Involvement
Public involvement conducted in conjunction with this process is detailed in Section 1.9 of the
FEIS. Discussions with multiple stakeholder groups representing recreation organizations, local
government, and the Nevada Department of Transportation began in 2013, including an oversnow
tour of the Atoma Area on January 30, 2013. The project was listed on the Humboldt-Toiyabe
Schedule of Proposed Actions (SOPA) website http://www.fs.usda.gov/project/?project=41487 on
April 1, 2013. A scoping notice dated May 28, 2013 was mailed to 45 community residents,
interested individuals, public agencies, and other organizations requesting comments on the
proposal. A news release was sent to local media outlets on May 31, 2013 announcing the project
and a Notice of Intent to Prepare an Environmental Impact Statement (NOI) was published in the
Federal Register on June 3, 2013. Two public scoping meetings were held, the first on June 18,
2013 at Winters Creek Lodge where seventeen individuals attended and the second on June 19,
2013 at the Forest Supervisors office with six individuals in attendance. During the scoping
period, the HTNF received ten comment letters. In accordance with 40 CFR § 1501.7(a)(2)
significant issues analyzed in the FEIS were initially determined from public comments and by
the Forest Service Interdisciplinary Team. Substantive scoping comments can suggest the
inclusion of other alternatives for the agency to consider, identify issues that may direct the
forthcoming analysis or identify concerns that should be tracked throughout the analysis. A total
of forty-two substantive comments were obtained from ten public comment submittals. Some
comment submittals included numerous substantive comments, while others had none. These
comments were discussed by the HTNF during Interdisciplinary Team (ID Team) meetings. The
ID Team identified the following issues for analysis in the FEIS: recreation; inventoried roadless
areas (IRAs); public health and safety; visual quality; cultural; botany and overstory vegetation;
forest health; wildlife; and watershed and soils.
As outlined in 40 CFR § 1501.7(a)(3), issues that are not carried forward in this environmental
review (e.g., traffic, climate change, and environmental justice) are presented with a brief
explanation of why these issues will not have a significant effect on the human environment in
Section 3.1.2 of the FEIS. A summary of the identified resource issues is provided in Section 1.10
of the FEIS.
The DEIS was prepared and over 80 community residents, interested individuals, public agencies,
and other organizations were notified of the request for comments in a letter dated January 8,
2018. A Notice of Availability for the DEIS 90-day comment period was published in the Federal
Register on January 19, 2018 and a legal notice was published in the Reno Gazette Journal on the
same day. The DEIS was made available on the project website at
http://www.fs.usda.gov/project/?project=41487. Hardcopies were available at South Valleys
Library, 15650 Wedge Parkway, Reno, NV 89511 and Incline Village Library 845 Alder Avenue,
Incline Village, NV 89451. A news release was sent to news outlets on January 19, 2018. Ninety-
two comment letters were received on the DEIS. A total of 31 substantive comments were
identified from the letters ranging from questions about developing a ski area in an Inventoried
Roadless Area to clarification of impacts to human and biological resources and requests for
collaboration with the administrators of the Pine Ridge water system and project design criteria
from Nevada Department of Transportation. Resource comments included hydrology, noise,
health & safety, environmental justice, recreation and traffic. A response to comments is included
in the FEIS as Appendix D.
Tribal Coordination
In accordance with the American Indian Religious Freedom Act of 1978 and Executive Order
13007, Indian Sacred Sites consultation and coordination at the earliest stage of project planning
was initiated. A memo including a project description and location map was sent to the Washoe
Tribe of Nevada and California (Washoe Tribe), Tribal Historic Preservation Officer (THPO) on
July 20, 2011. A response was received on August 22, 2011 stating that the Tribe had no specific
information regarding the area, but they wanted to be informed as project plans proceeded. The
Forest Service conducted additional consultation with the Reno-Sparks Indian Colony (RSIC),
and Washoe Tribe in November 2012. A scoping notice was sent to RSIC and the Washoe Tribe
on May 28, 2013. The project proposal was presented to the RSIC on June 11, 2015. A copy of
the cultural resource inventory report was provided to RSIC on November 10, 2015. The Forest
Service met with RSIC on October 18, 2017 and January 8, 2018 where the project was discussed
and no issues were raised. The Reno-Sparks Indian Colony, Washoe Tribe of Nevada and
California and the Pyramid Lake Paiute Tribe were sent the DEIS on January 9, 2018. The Native
American consultation conducted for the Atoma Area is considered current; however,
consultation will continue at critical junctures in the NEPA and Section 106 process.
I am confident that the ID Team considered a reasonable range of alternatives early in the NEPA
process, and that the three alternatives, including the required No Action Alternative, analyzed in
the FEIS are adequate for the scope and scale of this project. Consideration of the full range of
alternatives considered, including those dismissed, with rationale, is included in the FEIS.
6
USFWS, 2015
7
USDA Forest Service. 2012. Forest Service Handbook 1909.15: National Environmental Policy Act
Handbook, Chapter 10, Section 12.33 and 14.
Alternative 1 – No Action
As required by NEPA, a No Action Alternative was included in this analysis for review alongside
the action alternatives. 8 The No Action Alternative represents a continuation of existing
management practices without changes, additions, or upgrades to existing conditions. The No
Action Alternative is depicted in Figure 1 of the FEIS.
The No Action Alternative provides a baseline for comparing the impacts of the action
alternatives. No new facilities or recreational activities are included.
8
40 CFR § 1502.14(d). 1978. Regulations for Implementing the Procedural Provisions of the National
Environmental Policy Act, as amended July 1, 1986.
9
USDA Forest Service. 1986. Humboldt-Toiyabe National Forest Land and Resource Management Plan.
Humboldt-Toiyabe National Forest, Sparks, NV.
provide a diversity of recreational opportunities (IV-79) and where ski area expansion is subject
to approved master plans (IV-83) (see Section 1.4 of the FEIS).
This project was designed in conformance with Forest Plan standards and guidelines and
incorporates appropriate guidelines to protect the scenic quality of the Forest by achieving the
visual quality objectives (IV-14), involving the public in the Forest’s decision making process and
coordinating with local and state government agencies (IV-31), avoiding construction in wetlands
(IV-43), and protecting soils and water quality (IV-40).
In reviewing the FEIS, I have concluded that my decision is consistent with all relevant laws,
regulations, and requirements. This includes, but is not limited to:
Table ROD-2. Statement of Conformance with Pertinent Law, Regulation, Policy or Executive Order
LAW, REGULATION, POLICY,
STATEMENT OF CONFORMANCE
OR EXECUTIVE ORDER
Design features (Management Requirement CU 1) have been developed
to prohibit the collection or disturbance of archeological sites encountered
American Antiquities Act of 1906 during construction. All prior cultural resource surveys and any potential
(as amended) future cultural resource surveys for the proposed project would be
conducted by qualified archaeologists under a permit issued by the Forest
Service.
Native American Tribes were consulted to determine the presence of
American Indian Religious Freedom Act
American Indian religious sites. See tribal consultation summary (see
of 1978
Section 1.9 of the FEIS).
Design features (Management Requirement CU 1) have been developed
Archeological Resource Protection Act to prohibit the unauthorized collection or disturbance of previously
of 1979 unidentified archeological sites encountered during construction or
maintenance of the project.
The proposed project would not result in the “take” of bald eagles or
Bald and Golden Eagle Protection Act golden eagles (see Section 3.9.3.2 of the FEIS). The project would be in
of 1940 (as amended) conformance with the Bald and Golden Eagle Protection Act of 1940, as
amended.
The proposed project would be compliant with the CAA of 1979, as
amended, because emissions of criteria pollutants would be below the
Clean Air Act of 1979 (as amended) NAAQS (see Section 3.1.2.2 of the FEIS). Other air pollution problems
addressed in the CAA, such as acid rain or depletion of the ozone layer
are not relevant to the proposed project.
The discharge of pollutants from a point source would not occur under the
Clean Water Act of 1977 (as amended) proposed project. No impacts to waters of the United States would occur
as a result of the proposed project (see Section 3.10.3 of the FEIS).
The proposed project would not jeopardize the continued existence of any
listed species or result in the destruction or adverse modification of
Endangered Species Act of 1973
designated critical habitat of such species. The proposed project would not
(as amended)
result in the “take” of any listed species or species proposed for listing.
See agency consultation summary (see Section 3.9.3.2 of the FEIS).
The proposed project would not require occupancy within the 100-year
Executive Order 11988,
floodplain. The proposed project would not modify the flood flow retention
Floodplain Management
capability of the 100-year floodplain.
Compliant with Executive Order 11990, design features (Management
Executive Order 11990,
Requirements WA 9 and WA 10) have been developed to minimize
Protection of Wetlands
potential for impacts to wetlands on NFS land.
Table ROD-2. Statement of Conformance with Pertinent Law, Regulation, Policy or Executive Order
LAW, REGULATION, POLICY,
STATEMENT OF CONFORMANCE
OR EXECUTIVE ORDER
Executive Order 12898, Federal Actions
to Address Environmental Justice in Compliant with Executive Order 12898, the Forest Service has completed
Minority Populations and Low-Income an environmental justice analysis (see Section 3.1.2.3 of the FEIS).
Populations
Native American Tribes were consulted to determine the presence of
Executive Order 13007,
American Indian sacred sites. See tribal consultation summary (see
Indian Sacred Sites
Section 4.2.2 of the FEIS).
Executive Order 13175, Consultation Consultation with Native American Tribes was conducted in accordance
and Coordination with Indian Tribal with Executive Order 13175. See tribal consultation summary (see
Governments Section 1.9 of the FEIS).
Pursuant to Executive Order 13186, the potential effects of the proposed
Executive Order 13186, Responsibilities
project on migratory birds are evaluated in Section 3.9.3.2 of the FEIS.
of Federal Agencies To Protect
Design features (Management Requirements WL 4 and WL 8) have been
Migratory Birds
developed to avoid impacting nesting migratory birds during construction.
In accordance with the Federal Land Policy Management Act of 1976, the
FEIS evaluates the proposed project in terms of its conformity with the
Federal Land Policy Management Act
1986 Forest Plan and its potential effects on the various resources
of 1976
contributing to the multiple uses for which the Forest Service administered
public land in the project area is managed.
The potential effects of the proposed project on historic properties listed on
the NRHP or eligible for such listing have been evaluated. A finding of “no
Historic Sites Act of 1935 historic properties affected” is recommended to the required consultation
partners (see Section 3.6.3 of the FEIS). Consultation with SHPO is
ongoing.
Pursuant to the Memorandum of Understanding to Promote the
Memorandum of Understanding to Conservation of Migratory Birds, the potential effects of the proposed
Promote the Conservation of Migratory project on migratory birds are evaluated in Section 3.9.3.2 of the FEIS.
Birds Design features (Management Requirements WL 4 and WL 8) have been
developed to avoid impacting nesting migratory birds during construction.
Design features (Management Requirements WL 4, 5, 6, 7, 8 and 9) have
been incorporated into the proposed project to require pre-construction
surveys for flammulated owls and protect habitat during migratory bird
Migratory Bird Treaty Act of 1918 (as
nesting season. To compensate for the 12-acre loss of nesting and
amended)
foraging habitat in the Atoma Area, 24 acres of potential habitat
improvement areas will be identified for improvement projects as mitigation
of this impact.
The proposed project would not result in the “take” of bald eagles or
National Bald Eagle Management
golden eagles (see Section 3.9.3.2 of the FEIS). The project would be in
Guidelines (USFWS 2007)
conformance with the National Bald Eagle Management Guidelines.
In accordance with the National Forest Management Act of 1976, this EIS
evaluates the proposed project in terms of its conformity with the 1986
National Forest Management Act of
Forest Plan and its potential effects on the various resources contributing
1976
to the multiple uses for which the NFS land in the project area is managed.
(see Section 3.6.3 of the FEIS)
Table ROD-2. Statement of Conformance with Pertinent Law, Regulation, Policy or Executive Order
LAW, REGULATION, POLICY,
STATEMENT OF CONFORMANCE
OR EXECUTIVE ORDER
In accordance with Section 106 of the NHPA, the potential effects of the
proposed project on historic properties listed on the NRHP or eligible for
National Historic Preservation Act of
such listing were evaluated. A finding of “no historic properties affected” is
1966 (as amended)
recommended to the required consultation partners (see Section 3.6.3 of
the FEIS). Consultation with SHPO is ongoing.
Design features (Management Requirement CU 1) require that if
Native American Graves Protection and previously unidentified cultural resources are found, work will be halted
Repatriation Act of 1990 immediately within a minimum of 300 feet from the discovery and Forest
Service archaeologists will be notified to determine protective measures.
Objections on the draft ROD must be submitted within 45 days following the publication of the
legal notice in the Reno Gazette Journal. The date of this legal notice is the exclusive means for
calculating the time to file an objection.
Written objections must be addressed to: Reviewing Officer, Intermountain Region USFS,
324 25th Street, Ogden UT, 84401. Objections may be submitted via fax to: (801) 625-5277. The
business hours for those submitting hand-delivered objections are 8:00 a.m. to 4:30 p.m., Monday
through Friday, excluding federal holidays. Electronic objections, in common (.doc, .pdf, .rtf, .txt)
formats, may be submitted to: [email protected] with subject:
Mt. Rose Atoma.
Per 36 CFR § 218.8(d), objections must include: 1) name, address and telephone; 2) signature or
other verification of authorship; 3) identify a single lead objector when applicable; 4) project
name, Responsible Official name and title, and name of affected National Forest; 5) reasons for,
and suggested remedies to resolve, your objections; and, 6) description of the connection between
your objections and your prior comments. Objectors may incorporate documents by reference
only as provided for at 36 CFR § 218.8(b).
Implementation
This draft ROD will not be signed until the following requirements are met:
1) If objections are filed, the ROD cannot be signed and the decision cannot be implemented
until the reviewing officer has responded in writing to all pending objections, and all
concerns and instructions identified by the reviewing officer and the objection responses
have been addressed.
2) Until concurrence from the Nevada State Historic Preservation Office (NV SHPO) has
been received.
3) Thirty days following the publication of the Notice of Availability for the Final
Environmental Impact Statement in the Federal Register (per 40 CFR § 1506.10).
This project will not be implemented until Mt. Rose Ski Tahoe obtains all applicable permits and
approvals including but not limited to permits from NDOT, Nevada Division of Environmental
Protection, Bureau of Air Pollution Control, and Washoe County (see Section 1.11 of the FEIS).
Contact Person
For additional information concerning this draft ROD, the FEIS, or the Forest Service objection
process, contact:
Marnie Bonesteel, Team Leader
Humboldt-Toiyabe National Forest
1200 Franklin Way
Sparks, NV 89431
(775) 352-1240
[email protected]
Responsible Official:
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Mt.
Environmental Impact Statement
ROD 3
Forest Plan Amendment
Mt. Rose
IRA
Legend
*
# Tamarack Pk.
(9,897') !
!
Lift
Lift
Existing SUP Boundary
Lands acquired in the 1994 Land Exchange that SUP Boundary Expansion
are included in the Forest Plan Amendment Lands Acquired in the 1994
Mt . R
os e Hw
y Galena Resort Land Exchange
that are included in the Forest
Plan Amendment
Inventoried Roadless Area
Mount Rose Wilderness
Mt. Houghton
*
# (10,490')
Private Land
Rose-Galena IRA Humboldt-Toiyabe National
Forest
*
#
Mount Rose
(10,776')
Miles
X
0 0.25 0.5