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Wallingford Pond Road Closure Project - U.S. Forest Service

 

Cover Letter - Dennis P. Roy, Manchester District Ranger
Map

Decision Memo
  Decision
  Existing Condition
  Purpose and Need
  Actions to be Implemented
  Actions Considered but Not Chosen
  More Information
  Project Implementation
  Administrative Review or Appeal Opportunities
Appendix A: Scoping & Public Involvement
Appendix B: Wallingford Pond Comments & Responses
Appendix C: Categorical Exclusion
Appendix D: Findings Required by and/or Related to Other Laws & Regs


Greetings,

This letter conveys three decisions I have made which will affect access to Wallingford Pond in the Town of Wallingford, VT.  First, I have decided to close and revegetate the last 200 feet of road to the west lobe of the pond to stop the erosion and rutting problem at the shoreline.  My decision will be implemented later this summer.  We will continue to provide access to Wallingford Pond, however visitors will need to walk a trail and carry their boats the last 200 feet to the pond.

My second decision is to close the road to the south lobe of the pond.  The Forest Service is directed to do this in the Vermont Wilderness Act (P.L. 98-416).  Access to the south lobe can be gained by walking the road to be closed.  My third decision is to improve water bars and fill in mud holes in two short sections of the road to the pond.

Please read the attached Decision Memo for more information.

DENNIS P. ROY
Manchester District Ranger

 

DECISION MEMO

for the

WALLINGFORD POND
ROAD CLOSURE PROJECT

Manchester Ranger District
Green Mountain and Finger Lakes National Forest

Town of Wallingford
Rutland County, VT

 DECISION

It is my decision to implement three actions in the Wallingford Pond Area, as shown on the attached map:

1)  Close and revegetate the road to the west lobe of Wallingford Pond at a point 200 feet before the pond shoreline.  At the closure point we will harden approximately 5 small parking spots, most already in use.

2)  Close the road to the south lobe of the pond at the large opening near the end of Town Road 39.

3)  Improve six water bars on the northern end of the Wallingford Pond Road (Town Highway 38) to stop erosion on the road; and fill in 3 mud holes at the southern end of Town Highway 39 to encourage drivers to keep their vehicles in the roadbed.

These decisions will be implemented as described in the Actions to be Implemented section of this Decision Memo.

Existing Condition

Wallingford Pond is a high elevation, 86 acre lake in the White Rocks National Recreation Area (NRA) of the Green Mountain National Forest.  The pond is one of the largest undeveloped lakes in southern Vermont.  It is accessed primarily via a one mile long, rough, four-wheel-drive road ending at the west lobe of the pond (see attached map).  This road is also known as Forest Road 20, and the Wallingford Pond Road.  The pond is known for good fishing and low use levels.  The Wallingford Pond area is managed according to the Green Mountain National Forest Land and Resource Management Plan (called the Forest Plan; see pages 4.144 - 4.145 and 4.156 - 4.160), and the Vermont Wilderness Act (P.L. 98-416), that portion pertaining to White Rocks National Recreation Area (NRA).  Wallingford Pond is within Forest Plan Management Area 8.18B and is managed for primitive recreation (see Forest Plan page 4.156).

Purpose and Need

I will implement this project to address three concerns at the pond.  First, soil from the road to the west lobe of the pond is eroding into the pond.  The amount of sedimentation entering thin pond is low, and the amount of degradation to water quality and aquatic species (species living in water) would be difficult to quantify.  However, it is widely recognized that even small amounts of sedimentation can degrade water quality, aquatic habitat and species populations.  I do not want this sedimentation to continue because it violates State of Vermont water quality regulations.  It also does not comply with the Vermont Wilderness Act, which has a stated goal to, "preserve forest and aquatic habitats ... within the NRA (see Act, sec.201b)."

I would like to share two additional notes on this road.  First, the road is designated as an open road in the White Rocks NRA Management Plan, but on the official NRA map, the road stops a short distance from the pond's edge.  And second, the jeep trail at the pond's edge is not officially designated as a road or trail on the Forest Service transportation system.

My second concern is that the Forest Plan states that the area around the Pond shoreline will be managed to provide a healthy, natural appearing landscape (see the Forest Plan, page 4.160, item 2.a.). The shoreline does not meet the "naturally appearing landscape" criteria due to the road.  The road is right next to the shoreline, is visible from the lake, and it is often muddy and rutted.  People with four-wheel drives have also driven into the small wetlands next to the shoreline, causing more rutting and degradation of wetland vegetation.  I want to initiate changes at the shoreline to bring it in compliance with the Forest Plan.

My third concern is that the road leading to the south lobe of the pond should be closed, according to the Vermont Wilderness Act.  The Act states that roads not specifically designated in the Act to be open to motor vehicles should be closed.  Town Highways 38 and 39 (Forest Road 20) are designated in the Act as open roads, but not the road leading to the south lobe of the pond.

Actions to be Implemented 

To address these three concerns I intend to implement the following actions:

1)  Close, scarify and revegetate (using non-invasive grass, and native tree species) the road to the west lobe of the pond, at a point 200 feet before the pond shoreline.  This is at the east side of an existing campsite.  The road will be closed using a combination of large rocks and soil mounds from the immediate area, and shaped to visually fit in with the landscape as much as possible.  A 36-inch wide break in the mounds/rocks will provide walking access to the lake for visitors.  In as much as possible, the road will be graded to have a slope which complies with Americans with Disabilities Act direction.  No ground disturbance will be done in or near the shoreline wetlands.  Parking spaces for approximately 5 cars will be located along the road, just south of the campsite.  People are already parking in most of these spaces; we will harden these spaces to make them more durable, using material from the road closure area.

The road closure will be followed up with increased law enforcement to keep the road closed.  The road closure will stop the sedimentation and potential degradation of aquatic habitat.  It will also bring this area of shoreline into compliance with direction for the NRA in the Vermont Wilderness Act and Forest Plan (see my first and second concerns previously described).  The two-hundred foot long trail to the edge of the pond (on the closed road location) will become part of the official Forest Service trail system.

2)  The road to the south lobe of the pond will be closed using a combination of soil mounds and large rocks.  This action will bring this road into compliance with direction for the NRA in the Vermont Wilderness Act, stating this road should be closed.

3)  Minor improvements to Town Highways 38 and 39 will be done in two locations.  First, six water bars on the north end of the Wallingford Pond Road will be cleaned to provide better road drainage and reduce erosion.  Specifically, these water bars are on Town Highway 38 just south of the road to the Night Eagle Wilderness Adventures Camp (formerly under lease to the Beagle Club), where the road changes from gravel to dirt.  Second, three mud holes along Town Highway 39 will be drained and filled in.  These mud holes are located O.2 miles from Wallingford Pond.  This will encourage people to stay on the road, rather than driving off the road and causing more rutting.  Material to fill the mud holes will be obtained from the large opening just south of the mud holes (see map for location). 

These minor road improvements were approved by the Wallingford Town Selectboard in 1999.  Implementation will be contingent on continued support from the Road Commissioner.  No other improvements will be made to Town Highways 38 and 39.  Notice of the road closures will be provided at the north end of Town Highway 38 and at the closure points.  Signs will also let people know that the pond is closed to boats with motors (according to Public Law 98-322), and that people need to carry out their own trash.

Actions Considered but Not Chosen 

Based on comments from the public, I looked at the feasibility of implementing two other alternatives for correcting the sedimentation at the end of the road to the west lobe of the pond.  First, I considered gravelling the road near the pond.  However to haul gravel in Town Highways 38 and 39, portions of these roads would need to be improved along their entire lengths.  The potholes would need to be filled in, the road widened in a few places, and some large stones taken out.  Many people over the years have expressed opposition to changing the character of or improving Town Highways 38 and 39, so I decided not to choose this alternative.

A second alternative I seriously considered was to construct a short road to a turnaround one hundred feet from the pond, so people would not have to carry their boats as far.  We investigated using local native fill material to construct this turn-around, but again came to the conclusion that gravel would have to be hauled in to properly harden the turnaround. 

More Information

Additional information is included in the Appendix of this document, as listed below.  Note that comments from the public on this project are included in Appendix A and B. 

Appendix A: Scoping and Public Involvement - A description of the public involvement process and a summary of comments received.

Appendix B: Wallingford Pond Comments - The specific comments received from the public and my responses. 

Appendix C: Categorical Exclusion - Required documentation of critical environmental and cultural effects of the project.

Appendix D: Findings Required by Other Laws: NFMA Compliance - Required documentation of consistency with the Forest Plan and the National Forest Management Act (NFMA).

Project Implementation

The implementation of the project action may begin immediately upon notice of this Decision Memo in the Rutland Herald.  The work is planned for the summer of 2001. 

Administrative Review or Appeal Opportunities

Pursuant to 36 CFR 215.8 (a)(4), this decision is not subject to a higher level of review or appeal.  Detailed records of the environmental analysis documented by this Decision Memo are available for public review at the Green Mountain National Forest, Supervisor's Office, Rutland, Vermont, 05701.  For more information contact the project coordinator, Nancy Burt at 802-747-6742, or me at 802-362-2307.

DENNIS P. ROY
District Ranger

The United States Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation and marital or familiar status (Not all prohibited bases apply to all programs).  Persons with disabilities who require alternative means of communication of program information (braille, large print, audio tapes, etc.) should contact the USDA Target Center at (202) 720-2600 (Voice or TDD).  To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC 20250-9410; or call 202-720-5964 (voice or TDD).  USDA is an equal opportunity provider and employer.

APPENDICES

Appendix A: Scoping and Public Involvement - A description of the public involvement process and a summary of comments received.

Appendix B: Wallingford Pond Comments - The specific comments received from the public and my responses.

Appendix C: Categorical Exclusion - Required documentation of critical environmental and cultural effects of the project. 

Appendix D: Findings Required by and/or Related to Other Laws and Regulations

Appendix A: Scoping and Public Involvement

Public involvement to this project was sought in three ways.  First, a field trip to the pond was conducted in the early summer of 1998.  Approximately 10 people participated in the field trip with most of these people expressing the opinion that they did not want to see the road to the west lobe of the pond closed.  Second, I visited with the Town of Wallingford Selectboard who expressed mixed opinions about the same road closure.  And third, input to this project was requested from a 2/23/99 scoping letter sent to over 400 interested and potentially affected individuals, agencies, groups, and organizations.  A copy of the letter and mailing list is available in the project files.  Internal scoping was also conducted involving Green Mountain/Finger Lakes National Forest Resource Specialists.

Ninety-five people and one state government agency replied to the 2/23/99 scoping letter.  Most comments were received by the 4/5/99 due date.  In addition, one petition with 45 signatures was received on 6/28/99.  All comments received and my responses are presented in Appendix B.  

Summary of Comments

Nearly all people commenting focused on the closing of the road to the west lobe of the pond.  Seven people, plus the 8 members of the Wallingford Town Planning Commission, responded to the scoping letter by saying they did not want to see the road closed near the pond.  I also received a petition signed by 45 people opposed to the road closure.  Most of these people were from the Wallingford area.  The most common reasons for their opposition were: a desire to maintain traditional easy vehicular access to the lakeshore; the amount of sedimentation is not significant; and the sedimentation problem could be stopped by fixing the road. 

Twenty-six people (including 14 who signed a petition), plus the VT State Agency of Natural Resources responded to the scoping letter by voicing support for the road closure near the shoreline.  Two-thirds of these people were from southern Vermont, but only five from the Wallingford area.  These people wanted to see the sedimentation stopped and felt it was reasonable to expect people to carry their boats in from the parking area.  Nine other people (most from southern VT but only two from the Wallingford area) said they would like to see the road closed, but much further back from the lake. 

Only two people offered comments regarding the road to the south lobe of the pond.  These people said this trail should be closed based on direction in the Vermont Wilderness Act as it pertains to the NRA. 

About 10 people expressed concerns over loud parties, littering, ATV (all terrain vehicle) use, and 4-wheel drive use causing resource damage near the pond.  People felt more law enforcement was needed.

Appendix B: Wallingford Pond Comments

All comments received are summarized and addressed below.  Some comments are grouped into two major issues.

Issue #1: Should the road (also called the jeep trail) to the west lobe of the pond be closed?  If yes, where?

Comments Received:

Twelve people and the State of Vermont Agency of Natural Resources provided comments favoring closure of the road to the west lobe of the pond, as described in the Proposed Action.  Examples of the comments were:

"This project to close a jeep trail - the 125 ft. portion leading to the boat launch to be revegetated and turned into a hiking trail sounds like a sound idea, especially to restore the edge of the shore."

"The Agency believes that the proposal is the best way to proceed."

"(I) think this is a good idea.  Protect the pond (by) revegetating the trail is a sound thing."

"My husband and I strongly support the proposal by the Forest Service to close the last 125 feet of jeep trail which leads to the boat launch on Wallingford Pond, revegetating the trail and converting it to a hiking trail."

"We support the Forest Service's project at Wallingford Pond."

My Response: Thank you for your comments.

Sixty people, 45 whose input came in the form of a signed petition, said they were opposed to closing the road to the west lobe to the pond.  Of this 60 people, eight were members of the Town of Wallingford Planning Commission.  Representative examples of their comments were:

Two people stated the Forest Service should make improvements necessary to prevent erosion at the boat access; one person also said, "minimal improvements (should be made) to the traveled surface of the road, to discourage vehicles from traveling outside the right of way."

Five people stated they have been camping at the pond for many years and see no need for any change. 

"I think the Forest Service should not close the road leading to Wallingford Pond." "I would like to see the access to the pond stay open, as it has been since I can remember .... I will be less able to travel when I get a little older, I regret losing this access"

"It was with great disappointment that I learned of your plans to close the last remaining access to the pond, thereby eliminating traditional boat access except for those persons who would not only be willing, but more importantly, be able to carry a boat over the distance and conditions to gain access to the pond .... This would be in direct conflict with USDA regulations which prohibits discrimination on the basis of age and disability." 

My Response:

I did look seriously at the possibility of keeping the road open and improving the road near the pond to stop the sedimentation.  However several concerns arose which kept me from choosing this alternative. They were:

  • To improve the road, gravel material would need to be brought in.  This could only be done if all of Town Highways 38 and 39 were improved, meaning the holes are filled and some large rocks jutting out of the roadbed are removed.  I do not support these road improvements, and several people in the Town expressed a desire to keep Town Highways 38 and 39 in their current, rough condition.

  • Improving the road may not fully stop the sedimentation, nor would it meet guidance in the Forest Plan or the VT Wilderness Act to protect water quality and maintain a naturally appearing landscape along the shoreline.

I am concerned that my decision to close road 200 feet before the shoreline will make it difficult for a some people get their boats to the pond, especially people with physical disabilities including some elderly people.  Some people will need assistance from a friend to get their boat to the pond.

The road closure complies with USDA regulations prohibiting discrimination, and the Americans With Disabilities Act.  A three foot opening in the soil & rock barrier will allow people to pass by it, and walk down the old road to the shoreline.

Eight people commented that they would like to see the road to the west lobe closed further back from the pond than proposed.  Comments received were:

"We strongly support the closure of the Class 4 road, which you identify as Town Highway 39, at a point that will prevent vehicle use from damaging the shoreline are of the pond and restore the primitive character of that part of the pond...... I do recall what seemed like an ideal place at the top of the hill where blocking the road would be easier and trees form barriers along the sides."

Three people suggested closing the road at the campsite; one person suggested closing the trail at the opening at the end of Town Highway #39; five people suggested closing it at the large opening where the road splits to go to the west and south lobes; and one person recommended closing the trail near the Night Eagle Wilderness Adventures Camp (formerly under lease to the Beagle Club).

"I urge you to make Wallingford Pond just a little harder to get to.  I don't want to stop people from canoeing or fishing there, but the very close presence of motor vehicles changes things drastically."

My Response: Closing the road further back from the pond would meet my goals of stopping the sedimentation and having a naturally appearing shoreline.  I did not choose this option due to the desires of many people who want to maintain close, easy access to the lake.

Issue #2: Too much littering, trash dumping, loud parties, drinking, and 4-wheel drive/ATV resource damage is occurring near the pond.  These problems need to be corrected.

Comments Received:

"ATVs and four wheel drive use are tearing things up."

One person recommended a security system to monitor used at the pond and enforce regulations to prevent littering and loud parties.

An individual expressed concerns regarding the actions of large groups (12-15 people) camped at the lake, four wheel drives "tearing up" by the lake, an old pickup truck apparently being used as a dumpster, and an old camper hanging from the trees by chains attached to tree limbs.  He said, "Closing the trail would help alleviate this problem, but I fear the new parking area could be equally damaged by these groups."

My Response: These activities also concern me.  One possible solution is to increase law enforcement and have Forest Service people clean up the site more frequently.  However, with declining federal dollars available to the Forest Service, I cannot promise this will happen.  A better solution is for local citizens to encourage other users to "take care" of the area by packing out their own trash, not using ATVs, and refraining from 4-wheel drive use that causes resource or road damage.  People can also promptly report illegal and/or inappropriate activities to the Forest Service or the County Sheriff so that appropriate action can be taken.  I support this approach and feel it would be much more effective in the long run. 

Other Specific Comments to Address:

Comment: "I understand the road itself is not to be improved and will continue to be impassable by other than 4-wheel drive vehicles.  This is critical, to my way of thinking--that it not be improved so as to encourage drivers of inappropriate vehicles to attempt it." 

My Response: I agree and thank you for your comment. 

Comment: The 3 vehicle capacity of the proposed lot will be exceeded if drivers don't have advance awareness of the number of vehicles already parked there before they drive in.  The result of vehicles driving in, finding the lot full, and attempting to park along the jeep trail or turning around and backing out, meeting incoming vehicles--this congestion will cause much mess and tearing up of the ground and around the trail.  Is there some system for managing the vehicle overload especially after people hear that there have been improvements to the parking at the lake? (I'm not suggesting a bigger lot.)" Another person suggested graveling one or two more (parking) spots near the campsite for overflow parking. 

My Response: This person responded to my original proposal for closing the road 125 feet from the pond and constructing a small parking area and turn around.  However, I later determined this option was not feasible to implement because gravel material would need to be brought in to harden the parking are and turn around.  I do plan to harden, using local material, 5 parking spots at the point of road closure.

Comment: One person said we should discourage camping at the landing.  The lake also needs to be signed for no motors.

My Response: We do need to inform people that motors are not allowed on the pond, and that people should not camp at the landing.  We will post notices of no motors at the north end of Town Highway 38 and at the road closures.  After the road is closed we will plant native trees and/or shrubs in the road (except on the hiking trail) in such a way as to discourage camping.  A sign indicating no camping at the boat landing may be added if this becomes a problem. 

Comment: " Why was the jeep trail, with its predictable effects on water quality, allowed in the first place?"

My response: We have been concerned about the sedimentation for over 12 years and have tried three times to close the road at the end of Town Road 39.  We have not been successful in keeping the road closed.  My hope is that most people will be able to accept a road closure close to the pond.  Unlike in the past, this time when we close the road we will also increase the law enforcement, and be prepared to make repairs should the closure be vandalized. 

Comment: "The Vermont Wilderness Act specifically says that no roads are to be maintained within the NRA except for 10, 20, 30, 31, 60, 253, and 301.  Clearly this prohibits the jeep road which branches off of Town Highway 39 and goes to the south lobe of the pond." This person also stated, "The Forest Service needs to gate and maintain closure of any roads leading off TH 39 on to USFS land.  The clear intent of the Act was to prohibit motorized vehicles from other than the designated roads." 

My Response: You are correct that the road to the south lobe should be closed.  Thank you for pointing this out.  My decision includes this action.

Comment: "I am confused as to where on the pond the dam is located (on the third lobe).  Please send me this information along with the name of the dairy, and the year the dam was constructed."

My Response: Seward Dairy dammed and diverted the outlet stream to the north (Fowler Brook), essentially creating the north lobe of the pond.  I do not know the exact year this was done. 

Comment: "You should ban snowmobiles from the pond surface and drainage area." 

My Response: Over the long term we intend to relocate the existing snowmobile trail off of the pond due to safety reasons.  Snowmobiles are only allowed on designated trails throughout the rest of the Wallingford Pond drainage area.  Snowmobiling is not causing environmental damage.  Wallingford pond is also a popular area for snowmobiling, and this use is permitted under the laws governing land management in the NRA.  For these reasons I will continue to allow snowmobile use in the drainage. 

Comment:      "...mountain bikes ... should not be allowed in within the pond's drainage." He also voiced concern about the damage to the environment from bike tires causing erosion, and grease and oil from bikes.

My Response: Mountain bikes are already prohibited in the Wallingford Pond drainage except on Town Highways 38 and 39.  Some illegal biking does occur, however environmental damage has been slight.

Comments: "You state you intend to rely on Forest Service enforcement personnel to educate the public.  This is a hopeless task.  You also say nothing about written educational materials on the proposed road gate .... you should ... revise any references to the pond on FS websites, to include updated information about permitted uses (and reasons for restrictions) pertaining to Wallingford Pond." 

My Response: We will inform people about permitted uses at Wallingford Pond by posting this information at the north end of the Town Highway 38 and at the road closure points.  The scoping letter for this project also helped to get information out about permitted uses. 

Comment: "...the Forest Service (should) consider all options to visually screen the parking area from the pond." 

My Response: I agree, and cars will be well screened from the pond.

Comment: "...the Forest Service (should) monitor use and ... (have) wilderness ranger patrols regularly."

My response: I agree.  We do periodically patrol the area, as do the State Police.  However, law enforcement is difficult given declining federal budgets in recent years.  It is not possible to patrol the area as much as desired.  The Forest Service will continue to visit the pond on a regular basis, and will continue with local and state law enforcement people to see that Forest Service regulations are adhered to, to the extent possible.

Comment: The Forest Service should clarify whether electric motors and snowmobiles are allowed on the lake and inform people via signing.  

My Response: Electric motors are not allowed on the lake.  This is in compliance with the laws governing the NRA.  Snowmobiles are allowed on the lake, and we have no plans to change these regulation in the near future.

Comment: If you use a bull dozer (or like) to scarify the end of the road (adjacent to wetlands) before seeding, the Corps of engineers should be informed as they may need to review the project. 

My Response: We will not use a dozer to scarify the portion of the road near wetlands.  Scarification will be done by hand.

Comment: "Some thought should be given to the footing on... (the part of the trail to be closed) ... that it is well drained so as not to become a quagmire in the wet seasons.  Also some features to discourage people from camping right at that point on the shore, littering, or otherwise befouling the area and nearby surroundings."  

My Response: People will walk on the closed road to the pond.  Without vehicle traffic, this road should stay relatively dry.  Camping within 100 feet of the pond is discouraged.  If this becomes a problem, we can sign the area for no camping.  

Appendix C: Categorical Exclusion 

Decisions may be categorically excluded from documentation in an environmental impact statement or environmental assessment when they are within one of the categories identified by the U.S. Department of Agriculture in 7 CFR part 1b.3 or one of the categories identified by the Chief of the Forest Service in Forest Service Handbook (FSH) 1909.15 sections 31.1b or 31.2, and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative environmental effect.

A. Category of Exclusion

This project consists of three separate actions.  The first action is to improve six water bars on Town Highway 38.  This action is categorically excluded from documentation in an EA or EIS based on Forest Service Handbook 1909.15, Chapter 30, item 31.1b-4, addressing of repair and maintenance of forest roads.  Improving the water bars constitutes road repair and maintenance.

The second action, closing the road to the south lobe of the pond, is mandated by the Vermont Wilderness Act (P.L. 98-416), that portion pertaining to the White Rocks NRA.  We are also justified in implementing this action in order to adhere to direction in the Green Mountain National Forest Land and Resource Management Plan and its corresponding Environmental Impacts Statement.

The third action consists of closing the road to the west lobe of the pond at a point 200 feet from the edge of the pond.  This action is categorically excluded from documentation in an EA or EIS based on Forest Service Handbook 1909.15, Chapter 30 which allows for provisions to provide resource protection, items 31.1b1I and 31.1b-5 addressing repair and maintenance of recreation sites.  The primary purpose of this road closure is resource protection, specifically to improve water quality.  As has been noted, in addition to closing and revegetating this section of the road and restoring the pond shoreline, other minor repairs will be made to the overall site including work on the trail to the pond and the parking spaces.

B. Relationship to Extraordinary Circumstances

1. No activities will occur on steep slopes or highly erosive soils.  Most of the terrain affected is flat or slightly sloped.  Although soil erosion is occurring on the jeep trail near the pond, these soils are not classified as highly erosive.

2. No Federally listed threatened or endangered species or their critical habitat will be affected with the implementation of these activities.  Copies of the plant and animal Biological Evaluations are included in the project file.

The Indiana Bat is a federally listed species having potential summer habitat in the project area.  No bats have been observed in or near the project area.  Potential breeding habitat occurs in the project area in the form of mature or over mature trees with rough bark, which could provide breeding sites for the bat in the late spring and early summer.  Potential habitat will not be affected because no trees will be cut.

3. The project area will not adversely affect any flood plains, wetlands, or municipal watersheds within or directly adjacent to the project area.  In addition, closing the road and restoring the shoreline is intended to further protect and preserve the wetlands at the shoreline. 

4. The project area is not in a Congressionally designated Wilderness Area.  The project is within a National Recreation Area.  However, the project actions will enhance the area by improving soil and water conditions (see Purpose and Need section).  All scheduled actions are consistent with the Forest Plan and the White Rocks NRA Plan.  None of the actions to be implemented affect the character of the White Rocks area or its designation as an NRA.

5. The project area is not in an inventoried roadless area.

6. The project area is not in or near any Research Natural Areas.

7. No Native American religious or cultural sites, archeological sites, or historic properties or areas will be impacted.  Most soil disturbance associated with this project will be on the road.  All historic sites near the road will be avoided.

8. No other extraordinary circumstances related to the project were identified. 

Appendix D: Findings Required by and/or Related to Other Laws and Regulations

My decision will comply with all applicable laws and regulations.  I have summarized the most pertinent ones below.

Forest Plan Consistency

I have determined that the actions to be implemented are consistent for Management Area 8.1B (Forest Plan p. 4.155), including but not limited to Standards and Guidelines for Soil and Water (Forest Plan p. 4.19-4.26), Air (Forest Plan p. 4.27), Fish and Wildlife (Forest Plan p. 4.28-4.38), Recreation/Visual Resources (Forest Plan p. 4.39-4.58), Cultural Resources (Forest Plan p. 4.84-4.85). 

National Forest Management Act Consistency

This project is in compliance with the National Forest Management Act.  Input from the State of Vermont Agency of Natural Resources (Water Quality Division, Lakes and Ponds) and the U.S. Corps of Engineers has been obtained to assist our specialists in project design and decision-making.

 

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