W hite River National Forest

Decision Memo

D E C ISI O N M E M O
TAILOR L ODE
PR I V A T E R O A D P E R M I T
USD A F O R EST SE R V I C E
Dillon Ranger District of the W hite River National Forest
Summit County, Colorado
NW1/4 Section 35 and NE1/4 Section 34, Township 6 South, Range 78 West, 6th P.M.
Summit County, Colorado.

I. D E C ISI O N
I have decided to grant a Federal Land Policy and Management Act (FLPMA)
authorization for occupancy and use of an approximately 1,300 feet long driveway across
1)6 ODQGV WR DFFRPPRGDWH UHDVRQDEOH XVH DQG HQMR\PHQW RI WKH Tailor Lode ((MS
19959) a private land inholding in the White River National Forest located in the NW1/4
Section 35 and NE1/4 Section 34, Township 6 South, Range 78 West, 6th P.M. Summit
County, Colorado. (See Figure 1.) The proposed route makes use of the existing roads
and minimal new road construction.

This decision will be implemented through issuance of a special use authorization that
meets the requirements of the decision and Forest Service regulations. Forest Service
regulations require the applicant to: submit an operation and maintenance plan that
complies with the decision requirements; pay any necessary fees; post any necessary
bonds; and secure any state or federal permits or authorizations required by law.

Issuance of an access authorization would provide seasonal (during snow-free period),
vehicular access to the Parcel, and access via over-the-snow vehicle during the snow
period (as practical, and dependent upon snow conditions) and/or by skis/snowshoes, thus
enabling the owner to develop the Parcel as legally entitled. If the Proponent submits a
request for year-round maintenance of the road to accommodate snow removal and
winter wheeled vehicular use a separate NEPA analysis would be necessary before
granting year-round vehicular use.
-1-

W hite River National Forest

Decision Memo

Below is a description of the project and my rationale.

SU M M E R A C C ESS
Special Use A uthorization for F D R 995 and Peak 6 M aintenance Road

Access to the Parcel will vary depending on the time of year and whether or not snow is
present. During snow-free periods, access to and from the Parcel will follow Forest
DevelRSPHQW 5RDG )'5  IURP WKH *UHHQ *DWH DW WKH MXQFWLRQ RI 6NL +LOO 5RDG,
through the special use permit areas for the Breckenridge Nordic Center (BNC) and
Breckenridge Ski Resort (BSR), via the BSR Peak 6 maintenance road. Access will follow
this road to the top terminal of the Zendo Chair. From there, access will follow the new road
segment (see below) for approximately 1,300 feet to the Parcel. Total length of the snow-free
access route is approximately 10,050 feet from the beginning of FDR 995 to the Parcel.
Utilizing existing roads limits the amount of disturbance required for implementation of this
project. Coordination between the Forest Service, BSR, and the Breckenridge Nordic Center
has occurred throughout scoping and analysis, and will continue into implementation. The
Proponent, in conjunction with BSR and BNC, will adhere to the conditions set out in a Road
Use Agreement to be approved by the Forest Service for the joint use of the road. Road
maintenance on the existing road that extends from the bottom terminal of Kensho
SuperChair to the top terminal of Zendo Chair may occur as necessary for construction and
ongoing access in accordance with the Road Use Agreement. In the event that a situation
arises where additional road maintenance is contemplated, the Forest Service and the
Proponent would discuss solutions that are within the scope and scale of this decision.

Special Use A uthorization for Construction of a New Road Segment

The proposed new road segment will begin adjacent to the top terminal of the Zendo Chair
and travel west for approximately 360 feet within the existing cleared area of the Delirium
ski trail immediately southwest of the Zendo Chair top terminal. It will then travel south
approximately 940 feet to the Parcel. The new road would consist of a compacted dirt
platform approximately 10 feet wide. The 940-foot section will require approximately 30 feet
of clearing (10 feet on each side of the road) to accommodate a 2-to-1 cut and fill slope.
Total footprint and potential disturbance from the proposed road on NFS lands would be
approximately 1 acre. Winter plowing or maintained snow-road access is not approved.
On private land, total footprint of the proposed road will be approximately 0.04 acre. Total
footprint of the building envelope will be approximately 0.9 acre.
The selected alignment of the new road segment allows for a design grade of 8 percent,
which will help alleviate erosion concerns. Additionally, the alignment limits the amount of
disturbance required for construction and utilizes existing access roads to the extent
practicable.

W I N T E R A C C ESS
During the winter, access to and from the Parcel will occur via motorized over-the-snow
YHKLFOHVZKHQ%65VOLIWVDUHQRWRSHUDting for the general public, or non-motorized methods
during hours of lift operations for the general public, from Peak 7/8, following the
-2-

W hite River National Forest

Decision Memo

Claimjumper, Monte Cristo, Lost Horizon and Delirium ski trails to the top terminal of the
Zendo Chairlift. It would then follow the route of the proposed road segment to the Parcel.
The length of the winter access route is approximately 7,120 feet from the base of Peak 7.
The use of over-the-VQRZYHKLFOHVZKHQ%65VOLIWVDUHQRWRSHUDWLQJIRUWKHJHQHUDOSXEOLF
eliminates the need to keep the summer access road clear of snow. Allowing only nonPRWRUL]HG DFFHVV GXULQJ %65V RSHUDWLRQDO KRXUV ZLOO SUHYHQW SRWHQWLDO XVHU FRQIOLFWV
between BSR guests/operations staff and those accessing the Parcel.
Access through the BNC LV SURKLELWHG ZKHQ %1&V WUDLOV DUH RSHUDWLQJ IRU WKH JHQHUDO
public.

M anagement Requirements & Best M anagement Practices

To eliminate or minimize potential resource impacts (e.g., recreation, soils, cultural sites,
vegetation, watershed condition, wildlife, or visual resources), this decision incorporates
pertinent Management Requirements and BMPs. On-site monitoring will be provided by the
Forest Service throughout the construction phase however, the Proponent is responsible for
monitoring construction activities and compliance with this authorization. All facility
maintenance, during the construction phase, will be the responsibility of the Proponent and
will meet Forest Service management direction in accordance with the Management
Requirements and BMPs.
The following Management Requirements and BMPs are intended to reduce and/or avoid
potential impacts associated with approved projects. They are required as part of this
decision. Failure to comply with the stated Management Requirements and BMPs, during the
construction phase, will constitute a breach of the terms of the special use authorization and
could delay or suspend implementation of this approval.
Management Requirements and Best Management Practices Included in this Decision
Cultural
If any archaeological sites, or historic properties or areas are discovered during implementation,
appropriate action will be taken in consultation with SHPO.
Vegetation
All disturbed ground will be revegetated with desirable plant species. Utilize seed mixes approved by
the Forest Botanist and certified to be free of weed species. Seed mixes that incorporate native plant
species similar to those within the project area are desirable. Any mulch used in revegetation efforts
must be certified to be free of weed species.
Pretreatment of existing infestations with approved herbicides within the project area would be
conducted prior to project implementation. Herbicide choices and application rates for treatment are
available from the District/Forest Weed Program Manager.
Ensure that prior to moving on to National Forest Lands, all off-road equipment is free of soil, seeds,
YHJHWDWLYHPDWWHURURWKHUGHEULVWKDWFRXOGFRQWDLQRUKROGQR[LRXVZHHGVHHGV2II-URDGHTXLSPHQW
includes all construction machinery or off highway vehicles, except for trucks, service vehicles, water
trucks, pickup trucks, cars, and similar vehicles. The project administrator will inspect the equipment
prior to entrance onto the Forest to see that it is free of debris.
Monitor project area for 3 years after completion for presence of invasive plants and successful
establishment of desirable vegetation. Re-treat invasive plants as needed.

-3-

W hite River National Forest

Decision Memo

Management Requirements and Best Management Practices Included in this Decision

Tree clearing limits will be marked to ensure appropriate tree removal during construction.
Revegetate disturbed areas to attain vegetation cover densities that would control erosion and prevent
sedimentation consistent with Forest Plan standards.
If any occurrences of R2 Sensitive or Species of Local Concern (SOLC) plants are encountered within
the project footprint prior to or during project implementation, a Forest Service Botanist or Botany
Representative will be notified to prepare mitigation measures to avoid or minimize impacts as
appropriate.
Wildlife
To reduce the risk for human/wildlife conflicts in areas where food or trash could be present, all trash
containers should be bear proof and any locations that have food products stored outside of a building
should have bear proof food containers
During construction of the facility, contractors are required by Summit County code to provide a bear
proof container on site for all edible and food related trash in order to minimize conflicts with black
bears. No food products or food containers can be thrown in the larger roll-off type dumpsters.
All construction activities should be confined to daylight hours, excluding emergencies.
Construction workers should not be allowed to bring dogs on site during construction.
No food/drink should be kept/stored in construction worker vehicles. All windows should be kept closed
and doors locked on all vehicles to prevent bear entry.
Prevent sediment sources (connected disturbed areas [CDA]) on disturbance areas from reaching off-site
streams to prevent impact to aquatic species and habitat.
To minimize potential incidental take of active nests containing eggs or altricial young, surveys for
migratory birds and Forest Service Threatened, Endangered, and Sensitive species shall be conducted by
qualified biologists prior to the construction season if construction activities are proposed to start prior
to July 31, or as otherwise approved by the Forest Service Responsible Official.
Conduct goshawk nest surveys (in June to mid-July, 2015, before any proposed ground disturbance) in
larger forest stands containing proposed disturbance areDVWKDWDUHODUJHHQRXJKDFDQG
structurally suitable to support a potential goshawk nest site, or as otherwise approved by the Forest
Service Responsible Official.
If olive-sided flycatcher nests are located within project areas, direct mortality of eggs and/or nestlings
shall be avoided by conducting tree removal in nesting habitat outside of the June 1 to July 15 nesting
period, or as otherwise approved by the Forest Service Responsible Official.
Surveys for active raptor nests and avian cavity nesting activity shall be conducted by qualified
biologists in potential nesting habitat prior to the construction season. To allow for successful nesting
and young rearing, no project ground disturbing activities shall be allowed within mile of active
raptor nests until after July 31, or as otherwise approved by the Forest Service Responsible Official. To
protect breeding adults and young raptors in avian cavity nests, a no-activity buffer of 1 acre around
detected cavity trees shall be implemented until July 31, or as otherwise approved by the Forest Service
Responsible Official.

I I. B A C K G R O U N D

The land owner of the Tailor Lode (MS 19959) is requesting access to the property via the
*UHHQ*DWHRIIRI$PHULFDQ:D\LQ WKH3HDNQHLJKERUKRRGWKURugh the Breckenridge
Nordic Center and Breckenridge Ski Resort Special Use Permit boundaries. The property is
situated in the NW1/4 Section 35 and NE1/4 Section 34, T. 6 S., R. 78 W., 6th P.M. Summit
County, Colorado. (See Figure 1.) The private land inKROGLQJNQRZQDVWKH7DLORU/RGH

-4-

W hite River National Forest

Decision Memo

(the Parcel) is approximately 10 acres in size and is entirely surrounded by National Forest
System (NFS) lands managed by the White River National Forest (WRNF).
7KH 3DUFHO LV ]RQHG DV %DFNFRXQWU\ E\ 6XPPLW &RXQW\ government, which allows for a
maximum of one dwelling unit per 20 acres. The dwelling size on the Parcel would be
limited to 1,200 square feet plus an accessory structure, per county regulations, unless
augmented through the appropriate county process at which time it could be increased to a
maximum of 2,400 square feet of living space plus an accessory structure, per county
regulations.
As indicated in the 2002 WRNF Land and Resource Management Plan (Forest Plan), NFS
lands surrounding the Parcel are within Management Area (MA) 8.25 Ski Area. Per MA
8.25, these areas are managed for intensively managed outdoor activities during all seasons
of the year and include areas with potential for future development. MA 8.25 allows for new
roads and trails that aUH GHVLJQHG WR PLQLPL]H YLVXDO DQG UHVRXUFH LPSDFWV 7KH\ DUH
FRQVWUXFWHGDQGPDLQWDLQHGZLWKJRRGDOLJQPHQWVDQGJUDGHVWKDWPLQLPL]HHURVLRQ

III. PURPOSE AND NEED

The proposed action is to grant the appropriate Federal Land Policy and Management Act
(FLPMA) authorization(s) for occupancy and use of existing Forest Development Roads and
construction of a new driveway across NFS lands to access the Tailor Lode. Access to
private inholdings across federal lands is addressed in the Alaska National Interest Lands
Conservation Act (ANILCA) of 1980. ANILCA is not limited to the State of Alaska but has
nationwide application to NFS lands.
The owner of the Parcel (the Proponent) plans to exercise a legal right to build a single
dwelling on the Parcel. 3HU$1,/&$WKH:51)LVREOLJDWHGWRSURYLGHVXFKDFFHVVWR
non-IHGHUDOO\ RZQHG ODQG ZLWKLQ WKH ERXQGDULHVRI WKH 1DWLRQDO )RUHVW 6\VWHP WR VHFXUH
WKH RZQHU UHDVRQDEOH XVH DQG HQMR\PHQW WKHUHRI  86&  7LWOH , 
Therefore, the purpose and QHHG RI WKLV SURSRVDO LV URRWHG LQ WKH )RUHVW 6HUYLFHV OHJDO
obligations under ANILCA.

I V. R E ASO NS F O R C A T E G O R I C A L E X C L USI O N
I have concluded that this action can be categorically excluded from documentation in an
environmental impact statement or environmental assessment as it is a routine activity
within an approved category of exclusion under 36 CFR 220.6(e)(3): "Approval,
modification, or continuation of minor special uses of National Forest System lands that
require less than five contiguous acres of land, (e) Approving the installation of a
GULYHZD\ PDLOER[ RU RWKHU IDFLOLWLHV LQFLGHQWDO WR XVH RI D UHVLGHQFH There are no
extraordinary circumstances related to the decision that may result in a significant
individual or cumulative effect on the quality of the human environment. The following
resource conditions were considered as part of this analysis:
-5-

W hite River National Forest

Decision Memo

Findings for each of the 7 extraordinary circumstances 36 CFR 220.6(b):

x

(i) Threatened and endangered species or their critical habitat ; The

Endangered Species Act (ESA) requires that federal activities do not jeopardize
the continued existence of any species federally listed or proposed as threatened
RUHQGDQJHUHGRUUHVXOWLQDGYHUVHPRGLILFDWLRQWRVXFKVSHFLHVGHVLJQDWHG
critical habitat. As required by this Act, potential effects of this decision on
federally-listed or proposed species or their critical habitats have been analyzed
and documented in a Biological Assessment (BA), which can be found in the
project file.
Because the water diversions and depletions associated with the Proposed Action
would potentially result in additional effects on the four big river fish and their
habitats, above those previously authorized through Section 7 consultations, the
3URSRVHG$FWLRQZDUUDQWVDPD\DIIHFWOLNHO\WRDGYHUVHO\DIIHFWGHWHUPLQDWLRQ
IRUWKHIRXUELJULYHUILVK%HFDXVHWKH3URSRVHG$FWLRQVWRWDOGHSOHWLRQVXQGHU
section 7 would not exceed 100 AF/year, the Proponent would not be required to
PDNHDFRQWULEXWLRQWRIXQGWKH86):6VRQJRing Recovery Implementation
Program for Endangered Fish Species in the Upper Colorado River; however, a
Recovery Agreement is required. Prior to granting the FLPMA road
authorization, the Proponent shall enter into a Recovery Agreement with the
USFWS in order to comply with the USFWS opinion.
The relatively small and benign additive direct and indirect effects of the
Proposed Action on lynx foraging, sheltering, breeding, and dispersal would
FROOHFWLYHO\PHHWWKHGHILQLWLRQVRILQVLJQLILFDQWDQGGLVFRXQWDEOH86):6
DQG10)67KHUHIRUHWKH3URSRVHG$FWLRQZDUUDQWVDPD\DIIHFWQRW
OLNHO\WRDGYHUVHO\DIIHFWGHWHUPLQDWLRQIRU&DQDGDO\Q[
The habitat of other protected species was found to be outside of the study area
for this project. The U.S. Fish and Wildlife Service (USFWS) concurred with
these determinations during informal consultation. Because the extent of the
impacts is insignificant, no extraordinary circumstances were identified.
Additionally, four protected plant species were carried forward for detailed
analysis. A determination of No Impact was found for sensitive moonworts
Botrychium ascendens, B. lineare, B. paradoxum, and lesser bladderwort
Utricularia minor . No habitat for Federally-listed plant species exists within the
project areas; thus, there would be No Effect on these species.

(ii) F lood plains, wetlands, or municipal watersheds; Executive Order 11988

provides for avoidance of adverse impacts associated with the occupancy and
PRGLILFDWLRQRIIORRGSODLQV)ORRGSODLQVDUHGHILQHGE\WKLVRUGHUDVWKH
lowland and relatively flat areas adjoining inland and coastal waters are including
flood prone areas of offshore islands, including at a minimum, that area subject to

-6-

W hite River National Forest

Decision Memo

a one percent (100-year recurrence) or greater chance of flooding in any one

\HDU7KHSURMHFWLVQRWORFDWHGZLWKLQD-year floodplain.
Executive Order 11990 provides for avoidance of adverse impacts associated with
destruction or moGLILFDWLRQRIZHWODQGV:HWODQGVDUHGHILQHGE\WKLVRUGHUDV
. areas inundated by surface or ground water with a frequency sufficient to
support and under normal circumstances does or would support a prevalence of
vegetative or aquatic life that requires saturated or seasonally saturated soil
conditions for growth and reproduction. Wetlands generally include swamps,
marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river
RYHUIORZVPXGIODWVDQGQDWXUDOSRQGV7ZRVPDOOGHSUessional wetlands
totaling 0.06 acre were observed in the project area. However, no direct impacts
to wetlands would result from this project. Indirect impacts resulting from erosion
of the proposed road and/or building site could cause sedimentation in
downstream wetlands. Due to the location of these wetlands, potential impacts are
remote.
The project is located within the Cucumber Creek watershed. Standard erosion
and sediment control measures will minimize impacts to the watershed and not
affect municipal water sources.
x

(iii) Congressionally designated areas, such as wilderness, wilderness study

areas, or national recreation areas; No Wildernesses, Wilderness Study Areas,
National Recreation Areas, or Wild and Scenic Rivers will be affected by this
action because the action is outside of these areas and will have no impacts to
these areas; see map/documentation in project file.

(iv) Inventoried roadless areas and Research Natural Areas; The proposed
road does not occur in any inventoried roadless areas or Research Natural Areas,
and thus would have no effect on these types of areas.

(v) Research natural areas; The proposed road does not occur in Research
Natural Areas, and thus would have no effect on these types of areas.

(vi) American Indians and Alaska Native religious or cultural sites; There are
no known Native American religious or cultural sites, archeological sites, or
historic properties or areas. And,

(vii) Archaeological sites, or historic properties or areas. A thorough review of

previous resource inventories of archaeological sites and historic properties or
areas was completed. Upon completion of this review, the proposed projects were
determined to have no effect on historic properties. If any cultural resource sites
are discovered during implementation, appropriate action will be taken in
consultation with SHPO.

-7-

W hite River National Forest

Decision Memo

V. PU B L I C I N V O L V E M E N T
This project was first listed in the Schedule of Proposed Actions in September 2014. The
2SSRUWXQLW\WR&RPPHQWZDV published in the Glenwood Springs Post Independent in
November 26, 2014. A scoping letter describing the proposal was released for comment
on November 13, 2014 to interested or affected individuals and agencies. Five comment
letters were received. Issues raised included comments regarding:
x Minimizing disturbance associated with the project;
x Utilizing existing on-mountain infrastructure as much as possible; and
x Ensuring the adherence to Summit County requirements regarding backcountry
plowing.
In reaching my decision, I considered public comments, as well as input from Forest
Service resource specialists who analyzed the proposal. Forest Service Handbook
1909.15, Chapter 30.4 lists the seven resource conditions that should be considered in
determining whether "extraordinary circumstances" related to a proposed action warrant
further analysis in an EA or EIS. One of the categories is Federally listed Threatened or
Endangered species or designated critical habitat, species proposed for Federal listing or
proposed critical habitat, or Forest Service sensitive species. Consistent with law,
regulation and policy, these species were included in the wildlife BA report, which is
contained in the project file.
Alternate access to the Parcel was considered in detail throughout the analysis, including
various alignments of the new road segment. The selected alternative utilizes existing
access roads to the greatest extent possible and attempts to balance the amount of
disturbance required with erosion concerns associated with the new road segment. The
alignment follows a design grade of approximately 8 percent in order to prevent erosion
and to allow for sufficient access to the Parcel.
The Proponent will be required to adhere to Summit County zoning regulations and
obtain a building permit before proceeding. Additionally, development of the Parcel is
subject to administrative site plan review by the Summit County Planning Department,
including referrals and property posting.

V I. F I N D I N GS R E Q U I R E D B Y O T H E R L A WS
My decision will comply will all applicable laws and regulations. I have summarized
pertinent ones below.
Federal Land Policy and Management Act the regulations at 36 CFR 251 guide the
issuance of permits under this Act. Permits are granted across National Forest System
Lands when the need for such is consistent with planned uses and Forest Service policy
and regulations. This decision is consistent with the Act.

-8-

W hite River National Forest

Decision Memo

Forest Plan Consistency (National Forest Management Act) This decision is consistent
with the White River National Forest Resource Management Plan 2002 Revision
(Forest Plan) as required by the National Forest Management Act. The project is in
conformance with forest-wide standards and guidelines and Management Area Direction,
including that contained under the 8.25 Ski Area are managed for intensively managed
outdoor activities during all seasons of the year and includes areas with potential for
future development.. (See Chapter II of the White River Land and Resource Management
Plan, 2002 Revision).
This decision is intended to respond to the following Forest Plan Goals and Objectives:

Goal 2 Multiple Benefits to People. Provide a variety of uses, products, and services
for present and future generations by managing within the capability of sustainable
ecosystems.
Objective 2c - Improve the capability of national forests and rangelands to sustain
desired uses, values, products, and services.
Strategy 2c.11 - Over the life of the plan, approve special-use proposals that are
consistent with desired conditions, standards, and guidelines.
Endangered Species Act 6HH )LQGLQJV RI 1R ([WUDRUGLQDU\ &LUFXPVWDQFHV VHFWLRQ
above. The project complies with ESA Section 7 consultation requirements.
Clean Water Act - This Act is to restore and maintain the integrity of waters. The Forest
Service complies with this Act through the use of Watershed Conservation Practices.
This decision incorporates Watershed Conservation Practices to ensure protection of soil
and water resources.
Wetlands (Executive Order 11990) - See )LQGLQJVRI1R([WUDRUGLQDU\&LUFXPVWDQFHV
section above.
Floodplains (Executive Order 11988) - 6HH )LQGLQJV RI 1R ([WUDRUGLQDU\
&LUFXPVWDQFHVVHFWLRQDERYH
Federal Cave Resources Protection Act - This Act is to secure, protect, preserve, and
maintain significant caves, to the extent practical. There are no known caves in the
project area. This decision will have no impacts to cave resources.
Native American Graves Protection and Repatriation Act 6HH )LQGLQJV RI 1R
([WUDRUGLQDU\ &LUFXPVWDQFHV section above. This act requires that if inadvertent
discovery of Native America Remains or Objects occurs, activity must cease in the area
of discovery, a reasonable effort made to protect the item(s) discovered, and immediate
notice made to the Authorized Officer, as well as the appropriate Native American
group(s).

-9-

W hite River National Forest

Decision Memo

National Historic Preservation Act 6HH)LQGLQJVRI1R([WUDRUGLQDU\&LUFXPVWDQFHV

section above. This act requires that if newly discovered cultural resources are identified
during project implementation, work in that area must stop and the agency Authorized
Officer notified immediately (36 CFR 800.13).
Archaeological Resources Protection Act 6HH )LQGLQJV RI 1R ([WUDRUGLQDU\
&LUFXPVWDQFHVVHFWLRQDERYH
Wild and Scenic Rivers Act 6HH)LQGLQJVRI1R([WUDRUGLQDU\&LUFXPVWDQFHVVHFWLRQ
above. There are no designated Wild and Scenic Rivers in the project area. This decision
will have no impacts to Wild and Scenic Rivers.
Environmental Justice (Executive Order 12898) - This Order requires consideration of
whether projects would disproportionately impact minority or low-income populations.
This decision complies with this Act. Public involvement occurred for this project, the
results of which I have considered in this decision-making. Public involvement did not
identify any adversely impacted local minority or low-income populations. This decision
is not expected to adversely impact minority or low-income populations.
National Environmental Policy Act - This Act requires public involvement and
consideration of potential environmental effects. The entirety of documentation for this
decision supports compliance with this Act.

V I I.
A D M I N IST R A T I V E
O PP O R T U N I T I T I ES

REVIEW

OR

A PP E A L

The approved activities within this decision are not subject to appeal in accordance with
the Consolidated Appropriations Act of 2014, Pub. L. No. 113-76, 128 Stat. 5 (2014).
Section 431 of the Act directs that the 1993 and 2012 legislation establishing the 36 CFR
215 (post-GHFLVLRQDODSSHDOVVKDOOQRWapply to any project or activity implementing
DODQGDQGUHVRXUFHPDQDJHPHQWSODQWKDWLVFDWHJRULFDOO\H[FOXGHGXQGHUWKH
1DWLRQDO(QYLURQPHQWDO3ROLF\$FW1(3$
This decision may be appealed under 36 CFR 251.80 Subpart C for those who those who
hold or, in certain instances, those who apply for written authorizations to occupy and use
National Forest System lands relevant to this decision.

V I I I. I M P L E M E N T A T I O N D A T E
This project will be implemented following ESA concurrence from USFWS, and in
accordance with previously identified Management Requirements and BMPs.

- 10 -

W hite River National Forest

Decision Memo

Figure 1. TAILOR LODE ACCESS ROUTE

- 12 -