VWC-EIS, Objection Issues and Responses #17, #18, #19

TUESDAY, NOVEMBER 20, 2018

Index of VWC-EIS, Objection Issues and Responses. 33 issues addressed 

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest

My post of the "Index of the VWC-EIS, Objection Issues and Responses" has been amazingly well visited.  Ironically, I also put together a series of posts of highlights from those 33 responses.  Then I ran out of steam and it didn't seem important, and other matters were, and I was gone, now I'm thinking perhaps it's more important than I thought and that it would be good to post them after all.

___________________________________________________________________

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest 

November 2018  

Village at Wolf Creek Access Project Draft 11/15/18
Objection Issues and Responses 

Contents 

Issue 17: The proposed decision would violate standards, guidelines, and objectives for lynx conservation

Issue 18: Spruce bark beetle impacts on lynx habitat requires additional analysis

Issue 19: The proposed conservation measures would not be effective in reducing impacts to lynx nor promoting recovery to a full, viable population

_______________________________________________________________

Issue 17: The proposed decision would violate standards, guidelines, and objectives for lynx conservation 

Objectors state that the decision to grant an access easement indirectly leading to the construction of a major residential and commercial development will “greatly increase” the adverse impacts to Canada lynx. 

Analysis 

A consistency review of SRLA standards, guidelines, and objectives for Canada lynx conservation was completed for Alternative 3 and documented in the FEIS (2014, p. 4-120) and in the BA (2018, pp. 16- 19). The SRLA Standard ALL S1 and Objective ALL O1 do not apply to private land development as summarized in the Draft ROD 2018 (p. 19), “The characterization in the 2014 FEIS that Alternative 3 is not consistent with Standard ALL S1 or Objective ALL O1 and would require a site-specific forest plan amendment was incorrect. However, the objection reviewing officer provided an instruction to address the SRLA in the plan consistency analysis. This ROD demonstrates that SRLA Standard ALL S1 and Objective ALL O1 do not apply to private land development. Therefore, Alternative 3 cannot be inconsistent with ALL S1 or ALL O1.” 

ALL O1 and ALL S1 are relevant when considering Forest Service authorization for a new access road from Highway 160 to the private land and extension of the Tranquility Road, both directly on the Rio Grande National Forest. The BA (2018) concluded that there would be relatively minor effects to Canada lynx habitat effectiveness, the Canada lynx prey base and foraging functionality, diurnal security habitat and thermal cover, habitat connectivity, and home range efficacy in habitats surrounding the access road corridor as a result of its development and use. 

The FEIS also addressed Human Uses Objective 6 and Guideline 6 (FEIS p. 4-120). Though the Draft ROD and BA (2018) did not explicitly cite other Human Use objectives and guidelines that may be applicable (i.e., HU O5, G7, and G9), the 2018 BA went into great detail addressing related themes of habitat connectivity for Canada lynx in relation to the Linkage Area and traffic volume. The indirect effects to Canada lynx and lynx habitat connectivity as a consequence of the private land development scenarios resulted in a determination that the proposed activities “may affect, likely to adversely affect” the Canada lynx. 

Specific to the Rio Grande National Forest, the development of a new road across the Forest from Hwy 160 to accommodate access needs for the private inholding is also likely inconsistent with HU G7, which states that “New permanent roads should not be built on ridge-tops and saddles, or in areas identified as important for lynx habitat connectivity. New permanent roads and trails should be situated away from forested stringers.” However, the role of guidelines is to provide information and guidance for project and activity decision-making to help achieve overall forest plan objectives. Guidelines are not mandatory, and while a forest plan amendment is not required to deviate from one, deviations should be documented and should not compromise the related plan objectives. In this case, the objectives for Canada lynx are related to management of Human Use projects, such as non-grazing special uses, recreation management, roads, highways, and mineral and energy development on the National Forest. 

page 28 

Village at Wolf Creek Access Project Draft 11/15/18
Objection Issues and Responses 

The Forest Service, USFWS, and LMJV developed conservation measures in response to the projected effects related to development of the private land, and aimed at minimizing adverse effects to Canada lynx and habitat connectivity in the Wolf Creek Pass Lynx Linkage (Draft ROD, p. 4; detailed in Appendix B of BA, 2018). Consequently, these conservation measures meet the overall intent of the SRLA’s Human Use objectives for the Canada lynx, despite the lack of strict adherence to all of the HU guidelines. 

The Biological Opinion for the SRLA states the role of the Forest Service in ameliorating the impacts of highway or private land development is limited. As stated in the Draft ROD (p. 18), “the SRLA imposed forest plan direction (including objectives, guidelines and standards) on seven forest plans in the Southern Rockies in 2008. However, the SRLA does not purport to grant authority to control private land within the boundary of a National Forest.” 

Conclusion 

In reviewing the FEIS, 2018 BA, and other information provided in the project record, I find that the SRLA standards, guidelines, and objectives for lynx conservation under Alternative 3 do not apply to private land. While HU G7 is probably not met on the Rio Grande National Forest, the lynx conservation measures developed by the agencies and proponent help ensure consistency with the overall HU objectives of the SRLA. Therefore, I find the responsible official complied with law, regulation, and policy. The Rio Grande National Forest will report the deviation from HU G7 during the next annual reporting to the FWS under requirements of the Biological Opinion for the SRLA. 

_______________________________________________________________

Issue 18: Spruce bark beetle impacts on lynx habitat requires additional analysis 

Objectors claim that no effort has been made to account for or offset the direct loss of primary vegetation in the project area due to ongoing forest mortality. 

Analysis 

To address changes to lynx habitat, the Rio Grande National Forest previously prepared a Supplemental Biological Assessment to update the baseline for the Canada lynx under ongoing bark beetle and fire-induced landscape changes to lynx habitat on the Forest (August 2013) that was included in the FEIS (2014) and final ROD (2015). More recently, a Supplemental Information Report for the Village at Wolf Creek Access Project was completed in June 2018 to assess if any substantial change in conditions or information arose between the 2014 FEIS and the 2018 Draft ROD. Several novel studies related to Canada lynx were listed in the citations of the Supplemental Information Report, the most notable being a study being conducted on the Rio Grande National Forest by John Squires of the Forest Service Rocky Mountain Research Station titled, “Lynx Habitat Ecology in Beetle-impacted Forests.” The new science is incorporated into the Draft ROD and the BA (2018) includes observations that, “lynx and hares are continuing to use habitats and successfully reproduce in the disturbed forest.” In addition, the Rio Grande National Forest re-mapped suitable Canada lynx habitat in 2018, and this information is incorporated into the BA (2018; p. 49, Table 3). The re- mapping displays changes in quantities of suitable and unsuitable habitat related to the extensive effects of the bark beetle on both the Rio Grande and San Juan National Forests in the Wolf Creek Pass Lynx Linkage Area and incorporated these findings into the project analyses. 

page 29 

Conclusion 

Village at Wolf Creek Access Project Draft 11/15/18
Objection Issues and Responses 

My review of the information provided in the project record affirms that the 2014 FEIS and 2018 Supplemental Information Report took into consideration impacts resulting from the spruce bark beetle impacts on Canada lynx habitat. I find that the responsible official complied with law, regulation, and policy. 

_______________________________________________________________

Issue 19: The proposed conservation measures would not be effective in reducing impacts to lynx nor promoting recovery to a full, viable population 

Objectors allege that the FEIS inadequately evaluates the likelihood that conservation measures incorporated into the decision will actually help to maintain Canada lynx habitat connectivity and species viability. 

Analysis 

As stated in the Draft ROD, “Due to the anticipated indirect effects resulting from development on the private land, the Forest Service, USFWS and LMJV developed conservation measures to minimize adverse effects to lynx. These conservation measures were developed during the section 7 consultation process on effects of the subject project to species and habitats listed under the ESA as specified in the November 15, 2013 Biological Opinion. The conservation measures were committed to by LMJV in writing, and would have been binding on the future developers/owners of the Village should LMJV sell, in whole or in part, the development. On April 12, 2018, LMJV sent the Forest Service a slightly revised proposed Memorandum of Understanding (MOU) which will provide a legal mechanism for enforcing these conservation measures. The original conservation measures can be found in the Biological Opinion and in an appendix to the FEIS. The proposed MOU forms the basis for a Forest Service Biological Assessment and consultation with the USFWS.” 

The purpose of the conservation measures is not to avoid jeopardy but to fund proactive conservation measures for Canada lynx in the Wolf Creek Pass area to reduce adverse effects to the local population, minimize incidental take, and maintain connectivity values for lynx in a key landscape in southern Colorado. Key conservation measures in the MOU (BA, p. 77) include a technical panel to provide governance, funding and to consider crossing structures, signage, training, lynx replacement importation, education, habitat acquisition, and other measures. The panel will consist of technical representatives with expertise in lynx biology, traffic, and other relevant disciplines, from the Colorado Department of Transportation, the USFWS, Colorado Parks and Wildlife, the Forest Service, and one representative of the Applicant's choosing with relevant traffic and biology expertise. If approved, the effectiveness of the conservation measures will be long-standing and evaluated regularly. 

As stated previously, the conservation measures were developed in partnership with USFWS, Forest Service, and LMJV. The Forest Service has reinitiated consultation with USFWS and a Biological Opinion is being prepared based on the BA submitted for Alternative 3. The BA takes the position that the private land development would not jeopardize the Canada lynx. The November 13, 2017, status review indicated that the USFWS has determined that the lynx has recovered in the lower 48 states and that the agency is embarking on development of a proposed delisting rule currently projected for latter 2019. This additionally supports the Forest Service’s conclusion in the 2018 BA that the Village at Wolf Creek private land development will not jeopardize the species. 

page 30 

Conclusion 

Village at Wolf Creek Access Project Draft 11/15/18
Objection Issues and Responses 

Based on review of the project record and the information provided, I find that the conservation measures are designed to be effective over the long-term in reducing impacts to and maintaining (or promoting to recovery) a viable population of Canada lynx. Therefore, I find that the responsible official complied with law, regulation, and policy.