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DRAFT
DECISION NOTICE
and
FINDING OF NO SIGNIFICANT IMPACT
HEAVENLY MOUNTAIN RESORT 2017 CAPITAL
IMPROVEMENTS PROJECT
U.S. FOREST SERVICE
LAKE TAHOE BASIN MANAGEMENT UNIT
EL DORADO COUNTY, CALIFORNIA
PLACER COUNTY, CALIFORNIA
ALPINE COUNTY, CALIFORNIA
WASHOE COUNTY, NEVADA
CARSON CITY, NEVADA
DOUGLAS COUNTY, NEVADA
BACKGROUND
Heavenly Mountain Resort (Heavenly) is located in both California and Nevada, spanning
three counties: El Dorado and Alpine in California, and Douglas County in Nevada. The Lake
Tahoe Basin Management Unit (LTBMU) administers the majority of Heavenly’s lift and
terrain network on National Forest System (NFS) lands. The remainder of resort land is
located on private lands owned by Heavenly. The NFS portions of Heavenly are
administered under a 40‐year ski‐area special use permit (SUP) issued by the LTBMU on
May 7, 2002. The SUP area encompasses approximately 7,020 acres of NFS lands. In total,
the resort offers approximately 4,800 skiable acres, 29 lifts and 94 trails (runs). Heavenly
has a base elevation of 6,540 feet and 7,200 feet in California and Nevada, respectively, and
a summit elevation of 10,067 feet, with a total vertical elevation change of over 3,500 feet.
DECISION
I have reviewed the Heavenly Mountain Resort 2017 Capital Improvements Project
Environmental Assessment (EA), the Project Record, and the Response to Comments
(FONSI/DN, Appendix A).
I have decided to implement Alternative 2, the Proposed Action, as summarized below and
described in detail in the EA (Chapter 2).
Run Area (acres)
49er (IW‐1) 0.3
Sam’s Dream (IW‐2) 1.2
Cascade (IW‐3) 0.3
Ridge Run (IW‐4) 2.9
Upper Powderbowl (IW‐5) 1.0
Ridge Way (IW‐6) 0.3
Lower $100 Saddle (IW‐7) 0.5
Comet (OW‐1) 3.3
Orion’s (OW‐2) 10.9
Big Dipper (OW‐3) 1.2
Lower Olympic Downhill (OW‐4) 3.2
Bonanza 0.2
Total 25.3
Note: Comet, Orion’s, Big Dipper, Lower Olympic Downhill and Bonanza area located outside the Lake Tahoe Basin
Boundary and therefore not under the jurisdiction of the TRPA regulations.
The edges of certain trail widening areas will be feathered where possible in order to retain
large diameter trees (greater than 30” diameter‐at‐breast‐height), and provide visual and
experiential benefits to the user. The feathering will be laid out as part of the final field
review and tree marking with the Forest Service prior to removal. In trail widening areas
closest to the existing ski trail, all trees will be removed. In the areas where feathering is
proposed, tree removal would be laid out with the intent of retaining large diameter trees
and removal of trees greater than 30 inches dbh would be limited.
Due to the topography and geology throughout the resort, as well as previous ski run
construction methods, large boulders and downed trees are found within existing
developed ski runs. This presents a challenge to opening and maintaining terrain for skiing
and riding each season. The height of these natural features can require up to five feet or
more of snow coverage before runs can be opened. During low snow years, a great deal of
energy and water resources for snowmaking is required to provide enough snow on these
trails so that they can be safely opened. Two ski trails, Advanced Round‐a‐bout and Meteor,
do not have snowmaking infrastructure and are not able to be opened during low snow
years due to the existing hazards. The Run Hazard Reduction Prescription will remove or
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reduce these hazards.
The Run Hazard Reduction Prescription will be implemented on sections of the ski trails
listed in Table 2. This prescription would reduce obstacles and allow improved surface
coverage under natural and manmade snow conditions. Boulders would be capped (blasted
with explosives) to a height of 12‐18 inches and moved by hand or equipment. Stumps
would be ground or cut to a height of less than 6 inches but would remain in place. Large
diameter logs would be moved from the ski trail, chipped, or used along steeper sections of
the trail for erosion control. Finally, all existing limbs would be chipped or lopped and
scattered to a height of between 12‐18 inches. Felled trees would be chipped and used as
mulch. Because of identified potential impacts to existing Tahoe draba populations as
outlined in EA Section 3.4, the areas proposed for Run Hazard Reduction treatment have
been reduced for Upper California Trail (IH‐1), Cascade (IH‐2) and Ridge Run (IW‐4).
Table 2. Run Hazard Reduction Locations
As a result of the trail widening, existing buried snow making water and air pipelines
would be extended to the new edge of the trail in the widened areas. The Project would
relocate or extend 5,800 linear feet of snowmaking infrastructure. Lines would be placed
approximately two feet below the ground surface and trenches would typically be 3 feet
DECISION RATIONALE
The alternative I have selected meets the purpose and need by increasing the capacity of
specific sections of heavily used ski trails and reducing run hazards (e.g., downed logs,
boulders, stumps) that require the use of more snowmaking or natural snow to operate the
trails. Based on use levels and patterns, particularly in early‐season and low‐snowpack
conditions, trails with existing run hazards are not providing a high‐quality experience and
cannot be opened on a consistent basis due to the presence of these obstacles. The
identified actions (remove timber to widen ski trails, remove obstacles, and relocate
snowmaking infrastructure) are required to provide improved facilities for guest
enjoyment for the winter sports purposes of Heavenly’s ski area special use permit.
A key component of this decision is the Master Development Plan’s requirements to
maintain 70% total effective surface cover (as required by the Cumulative Watershed
Effects Analysis), provide a variety of surface cover for wildlife microhabitat, and conserve
known Tahoe draba (and other sensitive plant species) populations. I’m confident that
through these existing Master Development Plan protections, we will be able to meet our
resource protection objectives.
Public scoping and comment did not reveal any notable alternative approaches to the
proposed action. The proposed action includes a comprehensive suite of design features
and Best Management Practices (EA Sec. 2.3) that fully mitigate any effects to less than
significant (see FONSI below).
ALTERNATIVES CONSIDERED
In addition to the selected alternative (Alternative 2), I also considered the no‐action
alternative in detail (EA Chapter 2). Under the No Action Alternative, current conditions
and management would continue. This alternative would result in no trail widening, run
hazard reduction activities or realignment of snowmaking air and water pipelines, and as a
result, would not implement the prescriptions established in the Heavenly Ski Resort
Master Development Plan. Ski Trails would remain in their current condition.
PUBLIC INVOLVEMENT
The project was listed on the LTBMU’s List of Projects and publically noticed on April 7,
2017. The public scoping notice was mailed to stakeholders and interested parties,
requesting written and electronic comments on the Proposed Action by April 28, 2017. A
copy of the scoping letter and Proposed Action were posted on the LTBMU website on the
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same day. Nine responses were received between April 7 and May 1, 2017, including
comments from the following agencies: California Regional Water Quality Control Board
Lahontan Region, Nevada Department of Wildlife, Nevada Natural Heritage Program, and
Nevada Division of Water Resources.
An EA was prepared and circulated for public comment from November 22, 2017 to
December 22, 2017. A notice in the Tahoe Daily Tribune on November 22, 2017 started the
30 day legal comment period. Interested parties, including those that commented during
the scoping period, were notified that the comment period was open and the documents
were available on the LTBMU website. In addition the LTBMU sent out a press release on
November 22, 2017 announcing the comment period. Twenty five comment letters were
received (see Response to Comments DN Appendix A).
Endangered Species Act
In accordance with Section 7(c) of the Endangered Species Act, the U.S. Fish and
Wildlife Service (USFWS) list of endangered and threatened species that may be
affected by projects in the Lake Tahoe Basin Management Area was reviewed (August
20, 2017 and verified January 12, 2018) and effects on those species are analyzed in the
BA/BE (Project Record). Informal consultation with the US Fish and Wildlife Service
(USFWS) was conducted for this project. Forest Service biologist, Stephanie Coppeto,
had a telephone conversation with Chad Mellison with the USFWS regarding the
determination of no effect for the Sierra Nevada yellow‐legged frog and critical
habitat. The USFWS agreed that because the Proposed Action does not overlap with
suitable habitat (or critical habitat) and past protocol‐level surveys conducted in the
project area did not find frogs, a no effect determination was prudent and no further
consultation was necessary.
Clean Water Act (Public Law 92–500)
All federal agencies must comply with the provisions of the Clean Water Act (CWA),
which regulates forest management activities near federal waters and riparian areas.
The resource protection measures associated with the Proposed Action ensure that the
terms of the CWA are met, primarily prevention of pollution caused by erosion and
sedimentation.
Section 404 of the CWA (33 U.S.C. 1344) regulates activities that result in the discharge
of dredged or fill material into waters of the U.S., including wetlands. The Proposed
Action will not require any disturbance to waters of the U.S.
Environmental Justice (Executive Order 12898)
Executive Order 12898 requires that all federal actions consider potentially
disproportionate effects on minority and low‐income communities, especially if adverse
effects on environmental or human health conditions are identified. None of the
alternatives considered have significant adverse effects on the environment or human
health.
The activities proposed were based solely a response to the purpose and need. In no
case were the project activities identified based on the demographic makeup,
occupancy, property value, income level, or any other criteria reflecting the status of
adjacent non‐federal land. Reviewing the location, scope, and nature of the proposed
action in relationship to non‐federal land, there is no evidence to suggest that any
minority or low‐income neighborhood would be affected disproportionately.
Conversely, there is no evidence that any individual, group, or portion of the community
would benefit unequally from any of the actions in the proposed alternatives.
Invasive Species Management, FSM 2900
This EA covers botanical resources and invasive plants. An Invasive Plant Risk
Assessment has been prepared (Project Record, Section B‐1 Specialist Reports and
Supporting Documentation). The IPRA’s resource protection measures are designed to
minimize risk of new invasive plant introductions.
Tahoe Regional Planning Agency
TRPA reviewed an application for the Proposed Action and issued a permit on February
17, 2017.
CONTACT
For additional information concerning this project, contact:
Ashley Sibr, Lake Tahoe Basin Management Unit
35 College Drive
South Lake Tahoe, CA 96150
Phone (530)543‐2600
______________________________ ____________________
JEFF MARSOLAIS Date
Forest Supervisor
Lake Tahoe Basin Management Unit
Appendices:
Appendix A – Response to Comments
The following comment summaries and responses are organized by commenter by date. The key
concerns for each commenter are summarized, including quotes where deemed appropriate for
clarity, followed by the Forest Service response.
The majority of comments expressed support for the Heavenly Mountain Resort 2017 Capital
Improvements Project and the EA. A few comment letters addressed upcoming permitting
requirements for the states of California and Nevada. Other comments suggested other areas in
need of trail widening improvements or additional references that could be included in the EA.
The comments received from the Nevada Division of State Lands focused on impacts to
whitebark pine. The EA text has been revised to indicate the Whitebark Pine Action Plan has not
yet been finalized for implementation, among other text changes regarding whitebark pine. The
Whitebark Pine Action Plan is expected for finalization in Spring of 2018. No text changes have
been made that substantially alter the analysis or findings.
2. Other permits may also be required such as dam safety permits, well permits, 404/401
permits, air permits, health permits, and local permits.
Response: Permits and agency coordination associated with the project are listed
in Section 1.10, on page 9 of the EA. LTBMU and Heavenly will ensure
compliance with regulations and permitting prior to construction.
Response: Comment noted. LTBMU and Heavenly will ensure compliance with
regulations prior to construction.
J. Clinton Purvance, Barton Health (12/12/17)
1. Barton Healthcare System supports a ski run widening proposal of existing trail at
Heavenly Ski Resort. The trail widening project would reduce congestion and improve
skier circulation in key locations. Hazard reduction improvements will increase safety,
reduce snowmaking energy and water consumption, and allow earlier season opening of
trails in low snow years. The project is consistent with the Heavenly Master Plan and is
expected to be implemented with minimal environmental effects. I encourage Forest
Service approval of the project as it enhances the guest experience, making it a more
inviting and safer place to explore the mountain.
Response: Thank you for your comment. Please note the Proposed Action does
not include expansion of facilities, new runs, or lift capacity improvements.
2. The actions will reduce overall water use and energy consumption and will use Best
Management Practices to ensure water quality protection.
3. While some impacts to sensitive plant species may occur, protections are included to
ensure impacts are minimized and not significant to the overall success of the species.
Tree thinning will be conducted in a way that reduces impacts to soils and plants. Since
the Preferred Alternative will require the use of proven revegetation techniques to restore
disturbed areas with native seed mixes, the EA could have made reference in Section
2.3.4 to the timing of seed application to ensure the highest probability of success.
Response: Thank you for your suggestion. The Forest Service follows all
standard construction practices for seed application, which includes specific
actions based on timing of implementation. The Construction Erosion Reduction
Program document within the Heavenly MDP, Appendix 7, also outlines best
practices for seed application, including timing.
Response: Thank you for your comment. The EA Section 3.1 Recreation and
Section 3.2 Scenic Resources were updated to reflect improvements in recreation
experience and scenic resources during summer months.
5. In Chapter 4, Section 4.2, Coordination and Consultation, the correct citation of the
Nevada agency is the Nevada Department of Conservation and Natural Resources.
Response: Thank you for your comment. The reference has been corrected to
indicate “Nevada Department of Conservation and Natural Resources”.
6. I strongly support the Preferred Alternative. As noted in the EA, these actions are
consistent with the resort’s Master Development Plan and contained within Heavenly’s
Special Use Permit area.
2. I have a suggestion about the widening on Orion’s, which will be widened uphill from
my area of concern. One critical and dangerous “pinch zone” that is not being considered
in this proposal is the natural flat area used as a stopping area right as Orion’s turns left
before Dipper Chair. This is one of the more dangerous “pinches” on the mountain. There
is approximately a 60 degree curve to the left and there is slowing, stopping, resting, slow
speed restarting with downhill skiers/boarders trying to avoid the congestion. There are
also many learning skiers/boarders on Orion’s. This area of congestion could be made
less problematic with trail widening or straightening the curve on the inside left.
Response: Thank you for your suggestion. The area referenced in the comment is
Integrated Management and Use of Trails, Roads, and Facilities
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included in the Proposed Action and is shown as yellow highlighting under the
Dipper Express lift on Plan Sheet 2 (EA Appendix B).
Response: Due to the collection methods of the current whitebark pine data on the
Integrated Management and Use of Trails, Roads, and Facilities
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LTBMU, the data cannot be considered “comprehensive stand data” for the
entire LTBMU based tree stand data collection standards. However, the
population of whitebark pine has been quantified and the existing data is
sufficient to allow for an effect determination from the proposed removal of 6.4
acres of whitebark pine. The determination was made that the project would not
result in a trend or acceleration of the species toward federal listing. In order to
clarify the statement in the EA, the referenced text on page 59 of the EA has been
revised as follows:
“… It is unclear how the removal of healthy trees may hinder or enhance stands
exhibiting low WPBR incidence. In the absence of comprehensive stand condition
data on a unit level, it is difficult to quantify what effect the removal of 6.41 acres
of whitebark dominant stands (23.8 acres of forested area containing whitebark
pine will have on the LTBMU’s whitebark population at the unit scale the
Project’s effect to whitebark dominant stands within the LTBMU’s whitebark
population cannot be quantified. Inclusion of resource protection measures
Chapter 2 Design Features in the project description will allow for protection and
conservation of high quality stands within the Special Use Permit Boundary
through the collection of seeds and cones from any “Plus Trees” to be removed.
Collection of seeds and cones from “Plus Trees” and regeneration efforts
combined with long-term monitoring is included in the upcoming Partnership
Action Plan and will allow for the continued study and protection of whitebark
pine within Heavenly Mountain Resort. On a population level, the very minor
removal of whitebark pine stems and acreage associated with this Project in
relation to the existing species numbers and occupancy in the Sierra Nevada will
not trend or accelerate the species toward federal listing. Any plus trees shall be
identified and seeds collected prior to removal of whitebark pine for the Project.”
The subsequent conclusions under Section 3.4.5 on page 61 of the EA indicate the
following:
“The Proposed Action may affect individuals, but is not likely to accelerate the
trend toward Federal listing or result in loss of viability for whitebark pine (Pinus
albicaulis). This determination is based on the fact that individual whitebark pine
trees will be permanently removed, but the acreage of removal constitutes a very
small portion of the estimated LTBMU whitebark pine population; and the threats
to whitebark pine that contributed to its consideration for federal listing are
adequately addressed through resource protection measures Chapter 2 Design
Features and the Recommended Management Actions that are identified in the
upcoming Partnership Action Plan.”
3. The EA also stated the LTBMU has accepted and approved a Whitebark Pine Partnership
Action Plan to manage and protect the whitebark pine stands located within the Heavenly
Special Use Permit Boundary. The details of the Whitebark Pine Partnership Action Plan
should be made available for review before it is presented as a benefit of this project.
4. We suggest that if the project does move forward with implementation, that some kind of
interpretive display on the mountain be designed that details the long term prognosis for
whitebark pine.
2. Please identify the State location for each Project task and ski widening and run hazard
reduction acreage estimates. Identification of State location and estimated acreage for
Project tasks in California will be required when seeking regulatory coverage under the
2014 Timber Waiver and NPDES Tahoe GCP in the state of California.
Response: LTBMU and Heavenly will provide the requested data during the 2014
Timber Waiver and NPDES Tahoe GCP application process to ensure
compliance with regulations and permitting prior to construction.
3. The Project’s Timber waiver application should include the following information: 1)
USGS 7.5 minute topographic (or equivalent or greater scale) Project maps that clearly
show the extent of Project activities in the State of California, and 2) maps that clearly
show areas of floodplains, wetlands, and the ordinary high water mark of any
waterbodies where work will occur in the State of California, if any.
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