Snake River Land Exchange

United States Department of Agriculture Forest Service May 2008

Environmental Assessment

Environmental Assessment Snake River Land Exchange Dillon Ranger District, White River National Forest Summit County, Colorado

For Information Contact: Paul Semmer Dillon Ranger District 680 Blue River Parkway P.O. Box 620 Silverthorne, CO 80498

The U.S. 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 or marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and 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 and TDD). USDA is an equal opportunity provider and employer.

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Snake River Land Exchange

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TABLE OF CONTENTS SUMMARY ...................................................................................................................... 1 1 PROJECT SCOPE ................................................................................................... 2 1.1 INTRODUCTION .............................................................................................................................. 2 1.1.1 BACKGROUND ....................................................................................................................... 2 1.2 PROPOSED ACTION AND SCOPE OF PROPOSAL.................................................................. 3 1.3 PURPOSE AND NEED FOR THE PROPOSED ACTION ........................................................... 9 1.3.1 NATIONAL FOREST OBJECTIVES ..................................................................................... 11 1.3.2 EFFECT ON FOREST SERVICE ADMINISTRATION ...................................................... 14 1.3.3 COMMUNITY OBJECTIVES ................................................................................................. 15 1.3.4 PUBLIC BENEFITS.................................................................................................................. 16 1.4 DECISION TO BE MADE ............................................................................................................ 16 1.5 LEGAL AND ADMINISTRATIVE FRAMEWORK ................................................................. 16 1.6 PUBLIC INVOLVEMENT............................................................................................................ 17 1.7 ISSUES ............................................................................................................................................. 17 1.7.1 KEY ISSUES .............................................................................................................................. 18 1.7.2 NON ISSUES .............................................................................................................................. 19

2 DESCRIPTION OF ALTERNATIVES, INCLUDING THE PROPOSED ACTION .......................................................................................................................... 20 2.1 NO ACTION ALTERNATIVE ....................................................................................................... 20 ALTERNATIVE 1 - NO ACTION ................................................................................................ 20 2.2 PROPOSED ACTION ALTERNATIVE ....................................................................................... 20 ALTERNATIVE 2 - THE PROPOSED ACTION ....................................................................... 20 2.3 ALTERNATIVES CONSIDERED BUT ELIMINATED FROM DETAILED ANALYSIS..... 22 ACQUIRE NON-FEDERAL LANDS THROUGH DIRECT PURCHASE ............................... 22 2.4 COMPARISON OF ALTERNATIVES .......................................................................................... 23

3

AFFECTED ENVIRONMENT ............................................................................. 24

3.1 OVERVIEW OF FEDERAL PARCELS ........................................................................................ 24 3.1.1 FEDERAL PARCEL 1 – DERCUM DASH ............................................................................ 24 3.1.2 FEDERAL PARCEL 2 – CLAIMJUMPER ............................................................................ 24 3.1.3 FEDERAL PARCEL 3 – CUCUMBER GULCH WEDGE ................................................... 25 3.2 OVERVIEW OF NON-FEDERAL PARCEL ................................................................................ 25 CHIHUAHUA TOWNSITE ............................................................................................................. 25

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ENVIRONMENTAL CONSEQUENCES............................................................ 27

4.1 ISSUE-RELATED CONSEQUENCES .......................................................................................... 27 4.1.1 ISSUE 1 ....................................................................................................................................... 27 4.1.2 ISSUE 2 ....................................................................................................................................... 31 4.1.3 ISSUE 3 ....................................................................................................................................... 39 4.2 CONSEQUENCES RELATIVE TO SIGNIFICANCE ELEMENTS ......................................... 44

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LIST OF PREPARERS &/OR CONSULTATION AND COORDINATION.. 49

REFERENCES ............................................................................................................... 50 APPENDIX A – RESPONSE TO SCOPING COMMENTS ..................................... 54

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Snake River Land Exchange

Environmental Assessment

SUMMARY This Environmental Assessment (EA) analyzes and discloses the environmental impacts of a proposed land exchange in Summit County, Colorado whereby one tract of nonFederal land, known as the Chihuahua Townsite, controlled by Chihuahua LLC would be traded for three tracts of National Forest System (NFS) land totaling 74.35 acres. The proposed non-Federal parcel is located along Peru Creek in the Snake River basin backcountry, east of Keystone Resort. The first Federal tract is the Dercum Dash property located in Keystone, just east of the River Run Gondola. This tract would be acquired by Chihuahua LLC. The other two Federal tracts, the Claimjumper property and the Cucumber Gulch Wedge property, would be acquired by the Town of Breckenridge. All parcels in the proposed exchange are located within the Dillon Ranger District, White River National Forest, Summit County, Colorado. Acquisition of the non-Federal parcel would help to assure long term protection of the area around the historic Chihuahua Townsite, which has outstanding scenic values, dispersed backcountry recreation opportunities, and possesses streams, floodplains, wetlands, and associated riparian ecosystems. Summit County Government has approved a rezoning of the Dercum Dash parcel to Planned Unit Development (PUD) and associated development agreement to accommodate 24 single-family dwelling units, one employee unit, and a 6,000 square-foot clubhouse. The Claimjumper property will provide land for additional affordable housing for the Breckenridge community and protect the Town’s scenic backdrop. The Cucumber Gulch Wedge property will become part of Breckenridge’s Cucumber Gulch Preserve open space. In addition to the Proposed Action alternative, the Forest Service also evaluated the following alternatives, further described in Chapter 2: • •

No Action: Under this alternative the proposed land exchange would not take place. This alternative is considered in this Environmental Assessment. Direct Purchase of Non-Federal Parcel: Under this alternative the United States would acquire the non–Federal parcel using Congressionally appropriated funds from the Land & Water Conservation Fund. This alternative was considered but eliminated from further consideration.

The Deciding Officer is the Forest Supervisor for the White River National Forest, USDA Forest Service. Based upon the effects of the alternatives, the responsible official will decide whether the resource values and the public objectives associated with acquisition of the non-Federal parcel are equal to or exceed the values and objectives served by the Federal lands to be conveyed into private ownership from the White River National Forest. The Forest Supervisor will decide if the land exchange should take place as proposed, with modifications, or not at all.

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Snake River Land Exchange

1

PROJECT SCOPE

1.1

INTRODUCTION

Environmental Assessment

The purpose of this Environmental Assessment (EA) is to describe the environmental effects of a proposed land exchange involving National Forest System lands (Federal lands) administered by the White River National Forest (WRNF) near Keystone Resort and the Town of Breckenridge in Summit County, Colorado. In exchange, the United States would receive private lands (Non-Federal lands) owned by Chihuahua LLC located in the Peru Creek drainage of Summit County, Colorado. The exchange has been proposed by Chihuahua LLC and the Town of Breckenridge (collectively referred to as the Non-Federal Parties). This EA is not a decision document. It is a document disclosing the environmental consequences of implementing the proposed action and alternatives to that action. It does not describe the decision to be made by the responsible official with regard to the proposed project. That decision will be documented in a Decision Notice signed by the Forest Supervisor, White River National Forest, USDA Forest Service (Forest Service). This action is proposed under the authority of the General Exchange Act of March 20, 1922, as amended, the Federal Land Policy and Management Act (FLPMA) of October 21, 1976, and the Federal Land Exchange Facilitation Act of August 20, 1988. This proposal is consistent with the Forest-wide standards and guidelines presented in Chapter 2 of the WRNF Land and Resource Management Plan – 2002 Revision (Forest Plan), as amended. 1.1.1

BACKGROUND

The Chihuahua Townsite, currently owned by Chihuahua LLC was incorporated on July 26, 1880. The “Town of Chihuahua” is located along Peru Creek in the Snake River Basin. The parcel is an inholding in the White River National Forest. In turn, the Chihuahua Townsite property surrounds a five-acre parcel of NFS lands. Based on legal analyses provided by Chihuahua LLC to Summit County, it appears the town is still a legal entity constituted under the Colorado State Statutes. The original plat for the townsite indicates that there are as many as 500 municipal lots, generally of a size of 100’ by 25’, platted in the historic boundaries of that town. At the present time it is neither practical nor feasible to envision such development of the townsite property. However, Chihuahua LLC has discussed potential scenarios for the parcel that include some level of residential and commercial development if a land exchange is not possible. Foreseeable development scenarios range from the least intensive development which reflects the present use on surrounding parcels with one unit per 20 acres, to a density similar to the nearby town of Montezuma which is zoned 4 units per acre within the incorporated area.. Chihuahua LLC approached the Forest Service informally in 2001 regarding a proposed land exchange whereby the non-Federal Chihuahua Townsite, in the Peru Creek drainage, would be conveyed to the United States in exchange for a parcel of federal land near the Keystone Ski Area, known as the Dercum Dash property. In 2002 the Forest Service gave Chihuahua LLC permission to discuss a rezoning of the Dercum Dash property with Summit County Government. In addition, Chihuahua LLC -2-

Snake River Land Exchange

Environmental Assessment

engaged Summit County to discuss density and development issues associated with the Chihuahua Townsite property. In 2004 the Snake River Planning Commission and Summit County Board of Commissioners considered and ultimately approved a rezoning of the Dercum Dash property, subject to the property being conveyed out of Federal ownership. Preliminary valuation reports of the two parcels indicate that the fair market value of the Chihuahua Townsite property may be greater than the fair market value of the Dercum Dash property. Subsequently, in 2007 the Forest Service and Chihuahua LLC approached the Town of Breckenridge regarding the inclusion of the Claimjumper property and Cucumber Gulch Wedge property in the proposed exchange. Both the Claimjumper and Cucumber Gulch Wedge properties were specifically identified as "desirable for conveyance" in the 1993 Dillon Ranger District Land Ownership Adjustment Analysis, (LOAA). In addition to including the Claimjumper and Cucumber Wedge parcels, Chihuahua LLC has proposed an equal value land exchange, where the value of Federal parcels matches the value of the Non-Federal parcel. In the event that the appraised value of the Non-Federal lands is greater than the appraised value of the Federal lands, Chihuahua LLC has stated its intention to donate the remaining value to the United States. The Forest Service prepared a feasibility analysis of the proposed exchange in the fall of 2007 as a first level screen to: 1. Ensure compliance with the applicable forest land and resource management plan, 2. Identify public benefits, 3. Ensure the availability of resources to complete the proposed exchange, 4. Identify title and property description problems, and 5. Identify potential support and opposition. The analysis concluded that the proposal is technically feasible and the Forest could continue evaluating the proposed exchange and follow the NEPA process toward a decision.

1.2

PROPOSED ACTION AND SCOPE OF PROPOSAL

The proposed action would convey 42.78 acres, commonly known as the Chihuahua Townsite to the United States. In exchange for the Chihuahua Townsite parcel, 74.35 acres of National Forest System (NFS) lands would be conveyed to the Non-Federal Parties. Chihuahua LLC would acquire 21.06 acres located in Keystone, just east of the River Run Gondola commonly known as the Dercum Dash parcel. The Town of Breckenridge would acquire two parcels: 36.49 acres located off Airport Road adjacent to the Town limits, commonly known as the Claimjumper parcel, and 16.80 acres located to the east of Ski Hill Road (County Road 3) and north of the new Breckenridge Ski Area Peak 7 base area, commonly known as the Cucumber Gulch Wedge parcel. All parcels include both surface and subsurface estates. The specific tracts involved in this exchange are presented in Tables 1 and 2 and shown in Maps 1 – 4 on the following pages. A full description of the proposed action is provided in Chapter 2, page 20 under Proposed Action Alternative.

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Table 1. Description of Federal Lands Description of Federal Parcels Parcel Description Federal Parcel 1 – “Dercum Dash” Township 5 South, Range 76 West, 6th P.M., Summit County, CO Section 19: Lots 34, 35, and the N1/2SW1/4SW1/4NE1/4 Federal Parcel 2 – “Claimjumper” Township 6 South, Range 77 West, 6th P.M., Summit County, CO Section 30: Lot 46, 47 and 49 (9.29 acres) Section 31: Lot 27 (7.23 acres) Township 6 South, Range 78 West, 6th P.M., Summit County, CO Section 25: Lot 8 (1.67 acres) Lot 17 (1.12 acres) Lot 18 (14.18 acres) Lot 19 (0.51 acres) Section 36: Lot 10 (2.49 acres) Federal Parcel 3 – “Cucumber Gulch Wedge” Township 6 South, Range 78 West, 6th P.M., Summit County, CO Section 36: Lot 36 (16.77 acres) Lot 38 (0.02 acres)

Acreage 21.06

36.49

16.80

Table 2. Description of Non-Federal Lands Description of Non-Federal Parcel Parcel Description Acreage 42.78 Parcel A – “Chihuahua Townsite” The Foster Millsite (M.S. No. 954) according to Mineral Entry Patent Number 17650, recorded in Book 285 at Page 820, The Chihuahua Placer (M.S. No. 952) according to Mineral Entry Patent Number 4361, recorded in Book 23 at Page 519; The Aldrich Millsite (M.S. No. 951) according to Mineral Entry Patent Number 4785, recorded in Book 285 at Page 815, The Fifth of July Millsite (M.S. No. 1069B) according to Mineral Entry Patent Number 5530, recorded in Book 242 at Page 380, and The Ruby Silver Millsite (M.S. No. 960B) according to Mineral Entry Patent Number 4859, recorded at Reception No. 501348 and all located in Section 24, Township 5 South, Range 76 West and Section 19, Township 5 South, Range 75 West of the Sixth Principal Meridian, Summit County, Colorado.

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Snake River Land Exchange

Environmental Assessment

Map 1. Vicinity Map of Federal and Non-Federal Lands

Snake River Land Exchange

Environmental Assessment

Map 2. Federal Parcel 1 – Dercum Dash

Snake River Land Exchange

Environmental Assessment

Map 3. Federal Parcel 2 – Claimjumper and Federal Parcel 3 – Cucumber Gulch Wedge

Snake River Land Exchange

Environmental Assessment

Map 4. Non-Federal Parcel A – Chihuahua Townsite

Snake River Land Exchange

Environmental Assessment

Following the exchange, the Dercum Dash parcel would be used by Chihuahua LLC in accordance with the development agreement and pending Planned Unit Development (PUD) designation (Dercum Dash Neighborhood PUD) approved by the Summit County Board of Commissioners in 2004. The approved development plan allows for up to 24 single family dwelling units, an employee unit, and a 6,000 square-foot clubhouse. The Claimjumper parcel would be used by the Town of Breckenridge for affordable housing on the flatter portions of the parcel next to Airport Road, which includes about 5 acres. The Town may convey isolated slivers to adjoining landowners The remainder of the Claimjumper parcel would be managed by the Town as open space. The Cucumber Gulch Wedge parcel would be managed as open space by the Town of Breckenridge as part of its Cucumber Gulch Preserve. In addition to the protections afforded the parcel under the Town’s Cucumber Gulch Overlay Protection District, the Town would dedicate the parcel to the perpetual benefit of the public as public open space. Following the exchange, the Chihuahua Townsite parcel would be managed by the Forest Service in accordance surrounding NFS lands which are in Management Area Direction 4.3 Dispersed Recreation, which emphasizes providing undeveloped recreation opportunities in natural or natural appearing landscapes, including opportunities for viewing scenery and wildlife, dispersed camping, picnicking, fishing, snowmobiling, cross-country skiing, and mountain biking.

1.3

PURPOSE AND NEED FOR THE PROPOSED ACTION

The Forest Service is authorized to complete land exchanges after a determination has been made that the exchange will serve the overall public interest. When considering the public interest, the authorized officer shall give full consideration to: 1) the opportunity to achieve better management of Federal lands; 2) the needs of the state and local residents and their economies; and 3) achieving important resource management objectives including protection of fish and wildlife habitat, riparian habitat, cultural resources, recreational opportunities and watersheds. A complex landownership pattern exists among Federal and non-Federal lands in the southern portion of the WRNF Dillon Ranger District where all the parcels in the proposed exchange are located. Complications and inefficiencies resulting from this ownership pattern for the Forest Service include the following: 1) the need to manage rights-of-way and other permits across Federal lands for roads and utilities to provide access and services to privately-owned inholdings; 2) increased cost of surveying and maintaining property boundaries; 3) an increased amount of National Forest System lands in the urban interface that require an intensity of management the Forest Service does not have the resources to provide; and 4) potential fragmentation of resource values found on the National Forest including wildlife habitat, fisheries habitat, riparian areas, wetlands, cultural resources, recreation opportunities, scenic value, watershed protection, and public access due to development on privately-owned inholdings.

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Snake River Land Exchange

Environmental Assessment

The purpose of this exchange is to protect the dispersed backcountry recreation opportunities and natural resource values of the Peru Creek Basin by placing the Chihuahua Townsite parcel under the administrative control of the Forest Service, reduce the amount of private inholdings within the National Forest boundaries, simplify current management boundaries, and reduce the overall administrative issues arising from the management of Federal lands adjacent to private lands in urban interface areas. The proposed action is needed to implement land conveyances that have been proposed for several years. Protection of the Chihuahua Townsite parcel has been identified as a top priority by the Forest Service and Summit County Government, since exercising the development rights associated with the Townsite would dramatically change the backcountry character of the Peru Creek watershed and impact resource values found on the adjacent NFS lands. Local governments have identified all the Federal parcels in the land exchange as desirable for conveyance to non-Federal ownership. Summit County Government has approved a rezoning of the Dercum Dash parcel to PUD and associated development agreement to accommodate 24 single-family dwelling units, one employee unit, and a 6,000 square-foot clubhouse. The rezoning is not effective until the proposed land exchange is completed and the parcel is transferred out of Federal ownership. The Town of Breckenridge has sought to acquire the Claimjumper parcel for over a decade in order to provide for additional affordable housing and protect the Town’s scenic backdrop. This parcel was included in the Slate Creek Land Exchange in 1997 and the Summit Land Exchange in 1999. The decision documents for those exchanges did approve conveyance to non-federal ownership. Conveyance of the parcel did not occur, however, because of the presence of mining waste piles containing high concentrations of lead and arsenic. These waste piles were removed by the U.S. Environmental Protection Agency and Forest Service in summer 2007, resulting in the parcel being for conveyance at this time. The Cucumber Gulch Wedge parcel was originally proposed in the 1999 Summit Land Exchange for conveyance to the Town of Breckenridge or Vail Resorts. It was not carried forward in the exchange after consideration of input received from the Colorado Division of Wildlife expressing concern that the parcel not be conveyed into private ownership for development because of resource values and the need to protect boreal toad populations and habitat. The Town of Breckenridge, concerned about any future action that could result in the parcel ending up in private ownership, sent a letter to the Forest Service in June of 2005 formally requesting that the Town be notified initially in the event that the parcel was ever considered in the future as a part of a land exchange. The Forest Service made a decision to include the Cucumber Gulch Wedge in this exchange because the Town of Breckenridge was willing to take over management responsibility for the parcel and protect it in perpetuity as a conservation parcel. Because the parcel is considered to be an important part of the Cucumber Gulch Preserve, the Town has agreed to place additional restrictions on the property through a “Deed of Dedication” to ensure it remains as public open space in perpetuity in order to protect the parcel’s wildlife habitat, wetlands, and riparian ecosystem. Based on the current proposal for acquisition by the Town with the protective measures to be placed on the parcel, the Colorado Division of Wildlife, in its response to scoping, supports the proposed land exchange.

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Snake River Land Exchange

Environmental Assessment

1.3.1 NATIONAL FOREST OBJECTIVES The Non-Federal Parties and the WRNF have cooperatively developed the proposed land exchange to accomplish a number of objectives contained in the Forest Service Manual and the White River National Forest Land and Resource Management Plan – 2002 Revision as outlined below. Forest Service Manual direction reads as follows: FSM 5430.2 – Objective. To implement land management and resource planning directions to attain an optimum National Forest System landownership pattern that provides for resource uses that best meet the present and future needs of the people. FSM 5430.3 – Policies. Complete land-for-land exchanges to consolidate National Forest system and non-Federal land patterns, to permit needed urban or industrial expansion, or to make other adjustments in landownership clearly in the public interest and consistent with land management planning objectives. This action also responds to the goals and objectives outlined in the 2002 White River National Forest Plan Revision. The WRNF completed the revision of its Land and Resource Management Plan on June 4, 2002. The Forest Plan identifies the goals and objectives for the management of NFS land by the allocation of specific land use prescriptions as well as by establishing standards and guidelines for the management of NFS lands. The Forest-wide Standards and Guidelines in the Forest Plan Revision (2002) for Real Estate list the following: Standards: In land adjustment activities (including land exchange, purchase, disposal, donation), consider the following: •

•

•

Evaluate and balance the overall combination of all resource values and factors including wildlife habitat, fisheries habitat, riparian areas, wetlands, cultural resources, recreation opportunities, scenic value, watershed protection, timber resources, rangelands, public access, better Federal land management, and other factors. Evaluate the effect of land adjustments on sensitive species habitat. Avoid land adjustments which could result in a trend toward Federal listing or a loss of population viability for any sensitive species. Sensitive species habitat can be conveyed if conveyance would not result in a trend toward Federal listing or adversely affect the population viability of the species, or if effects could be mitigated. Acquisition of lands that contain resource values identified during scoping as important in contributing toward National Forest System resource management goals and objectives as stated in the forest plan. Examples include wetlands, riparian areas, essential wildlife habitat, threatened and endangered species habitat, sensitive species habitat, significant cultural resources, timberlands, rangelands or other areas.

Guidelines: - 11 -

Snake River Land Exchange

Environmental Assessment

In land adjustment activities (including land exchange, purchase, sale, donation), consider the following: •

•

Reduction of Forest Service administrative costs and improvement of management efficiency. Included are reducing miles of landline boundaries and number of corners; special uses; title claims; rights-of-way grants and easements; numbers of allotments and intermingled ownership livestock pastures; and other factors that decrease administrative costs and improve management efficiency. The conveyance or acquisition would reduce conflicts between Forest Service and private landowner objectives, especially when conflicts are adversely affecting National Forest System management.

Evaluate the following when considering opportunities to acquire non-Federal lands: • • • • •

Lands with historical or important heritage resources, outstanding scenic values, or critical ecosystems when these resources are threatened by change of use, or when management may be enhanced by public ownership; Lands with water frontage, such as lakes, streams, flood plains, wetlands and associated riparian ecosystems; Key wildlife habitat, fishery management areas and habitat for threatened, endangered, or sensitive species; Lands with important value for outdoor recreation purposes and lands needed for scenic condition protection; and Lands needed to bring existing National Forest System lands into consolidated geographical units, or to reduce the miles of interior boundaries and number of interior corners.

The non-Federal Chihuahua Townsite property appears to be an appropriate parcel for such considerations. The parcel is the site of the Town of Chihuahua which played an important role in the mining history of Colorado in the late 1800’s and early 1900’s. The location of the parcel in an open park-like setting offers panoramic views of the Peru Creek drainage and Continental Divide. Located in the Peru Creek floodplain it offers a diversity of habitats and a unique microcosm of the sub alpine ecozone. It is one of two large tracts of potentially developable land in the Peru Creek drainage. The threat of development of the parcel would not only significantly alter the natural resources on site but would require new road construction or reconstruction of two miles of a well traveled four-wheel drive access road. Such action would negatively alter the travel ways in an area regionally recognized for dispersed recreation emphasizing four-wheel drive recreation use. The Chihuahua tract is immediately adjacent to one of the few known productive, current breeding sites for boreal toad on the White River National Forest. It is highly likely that the subject land serves as rearing and hibernacula habitat for boreal toads hatched in the ponds on the adjacent lands. This parcel is thought to provide valuable habitat for boreal toads. In addition, several species of rare moonworts that occur on this site are on the current R2 sensitive species list. Additionally, the area is identified as overall range and potential habitat for ptarmigan. This site also is mapped as a concentration area for mountain goats and overall range for bighorn sheep. Elk disperse into the area during the summer months. Approximately 7.68 acres of wetlands have been identified within the Chihuahua Townsite - 12 -

Snake River Land Exchange

Environmental Assessment

parcel, in addition to 1,650 feet of Peru Creek, 300 feet Chihuahua Gulch Creek, and numerous beaver ponds. The Chihuahua Townsite offers exceptional dispersed recreation opportunities for camping, hiking, mountain biking, cross-country skiing, snowmobiling, and 4WD road recreation. The Continental Divide National Scenic Trail passes through the parcel along Peru Creek Road and Warden Gulch Road. The trailhead to the popular Chihuahua Gulch 4WD road and trail to the high alpine environment of Chihuahua Lake is located on the parcel. Consolidation of landownership patterns in the area will allow the Forest Service to manage the five-acre National Forest parcel which is totally surrounded by the Chihuahua parcel. Acquisition of the Chihuahua Townsite will eliminate 16 survey corners and about 1.86 miles of boundary requiring periodic maintenance. Additionally, the Forest Service will acquire needed right-of-way for the following existing roads: Peru Creek Road (FDR260) approximately 1,600 feet, Chihuahua Gulch Road (FDR263) approximately 1,000 feet, and a segment of the Continental Divide National Scenic Trail on Warden Gulch Road (FDR265), approximately 1,000 feet. The Forest Plan direction is to evaluate the following when considering opportunities to convey lands: • Important or unique resources (such as wetlands, flood plains, essential big-game winter range, threatened, endangered, or sensitive species habitat, and important historical or heritage resources) may be disposed of, but mitigation and compensation values gained in acquired lands are to be considered; • Lands in developed areas that have lost or are losing their national forest character; • Lands within, and immediately adjacent to, expanding communities to assist public and private projects that have the mutual concurrence of Federal, state, and local governments; • Land conveyance to states, counties, cities, or other Federal agencies when it serves a greater public interest; • Lands that will contribute to community growth, development, and economic prosperity; • Lands suitable for development by the private sector, if development (such as residential, agricultural, industrial or recreational) does not adversely affect management of adjoining NFS lands; • Lands isolated from other NFS lands; and • Parcels intermingled with mineral or homestead patents. The three Federal parcels appear to be appropriate parcels for such considerations. The Dercum Dash property is adjacent to existing residential development in an area that is losing its national forest character. Development on this parcel would not adversely affect management of the adjoining NFS lands. The Claimjumper property will provide land for additional affordable housing development in the Breckenridge area. This parcel and the Cucumber Gulch Wedge property provide open space values of high importance to the Town of Breckenridge, and are adjacent to existing Town-owned open space areas and trails.

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Snake River Land Exchange

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Besides the Forest Plan, there are additional guidelines for land ownership adjustment in the 1993 Dillon Ranger District Land Ownership Adjustment Analysis, (LOAA). • The Dercum Dash parcel was originally identified in the LOAA as "desirable for retention". The LOAA is a dynamic document and states that; "If, during any required public involvement and environmental analysis stages of future land ownership adjustment proposals, the Forest Service determines that the classification assigned to any parcel or area resulting from this analysis to be incorrect or inappropriate, the classification can be changed by the Forest Service." • The Claimjumper and Cucumber Gulch Wedge parcels were specifically identified as "desirable for conveyance" in the LOAA. • The Chihuahua Townsite parcel is within Specific Strategy Area A identified in the LOAA. The LOAA states that privately-owned parcels in this area will be acquired when these parcels are determined to provide important public values related to national forest management, including access to national forest recreation opportunities, protection of wetlands and other important ecosystems, and prevention of development into the upper reaches of valleys in this area. 1.3.2 EFFECT ON FOREST SERVICE ADMINISTRATION Forest Service policies for land exchanges are designed to consolidate National Forest, local governmental or private land patterns, to consider needed urban expansion, and to provide for other adjustments in land ownership. The non-Federal Chihuahua Townsite parcel meets the Forest Service’s acquisition criteria. These criteria address the needs for the Forest Service to acquire lands that have special values. Private lands surrounded by NFS lands that have critical ecosystems that are threatened by change in use can best be protected as part of the National Forest System. The Forest Service is also interested in promoting efficient management and utilization of the National Forest. Failure to consolidate ownerships poses an administrative burden upon the Forest Service. It also creates vulnerability, as future uses on private in-holdings can and do conflict with National Forest management goals. Acquisition of the Chihuahua Townsite parcel and conveyance of the Dercum Dash, Claimjumper, and Cucumber Gulch Wedge parcels will reduce needs to survey and monument corners and will reduce miles of boundary requiring maintenance. The three Federal parcels meet the Forest Service’s conveyance criteria. These criteria include those lands that have already been classified for conveyance as land adjacent to permanent communities and lands in developed areas that have lost or are losing their National Forest character. The important natural resource values of the Cucumber Gulch Wedge parcel will be protected under the Town of Breckenridge’s ownership as public open space. There will be minimal impact on Forest Service administered lands that are contiguous to the three Federal parcels. Forest Service administered lands to the south and west of the Dercum Dash parcel are within the Keystone Ski Area permit boundary. Topographical constraints to the south and riparian constraints to the west will preclude human activities on Dercum Dash from encroaching onto adjacent NFS lands. The Claimjumper parcel is entirely surrounded by non-Federal lands; consequently there will be no Forest Service administered lands next to this parcel once it is conveyed to non-Federal ownership. The Cucumber Gulch Wedge - 14 -

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parcel is surrounded by non-Federal lands on the north, east, and south. Ski Hill Road (County Road 3) is on the western border of this parcel and separates the parcel from Forest Service administered lands to the west. There should be minimal impact to NFS lands on the west side of Ski Hill Road created by the conveyance of the Cucumber Gulch Wedge parcel, especially since the parcel will be managed by the Town of Breckenridge as open space. The Dercum Dash parcel is currently within the special use permit area for Keystone Ski Area. Vail Summit Resorts, owner of Keystone, has requested an amendment to the ski area permit boundary to exclude the Dercum Dash parcel if the exchange is consummated. On the Claimjumper parcel, there are several existing Forest Service special use permits and easements granted to the Town of Breckenridge, Breckenridge Sanitation District, Robin Theobald, Xcel Energy, and the Claimjumper Condominiums Association, Inc. The Town of Breckenridge is currently negotiating with these parties to create new easements that would replace the existing Forest Service authorizations when the land exchange closing occurs. There are no authorizations on the Cucumber Gulch Wedge parcel. Social trails exist on the Wedge parcel and it is likely that the Town of Breckenridge would integrate some of these trails into the Town’s trail system if it acquires the parcel. 1.3.3 COMMUNITY OBJECTIVES Portions of the Claimjumper parcel are proposed to be developed for attainable housing units as an extension of the adjoining Pinewood Village housing development. Attainable housing is seen by the local community as one of the biggest challenges facing Breckenridge and Summit County as a whole. Land to develop attainable housing projects is limited. The upper portions of the property include key town trails, including the Pence Miller Ditch, and provide a scenic backdrop for the Town. In 2000 the Town of Breckenridge adopted the Cucumber Gulch Overlay Protection District which provides a strategic framework for preserving the natural qualities of the scenic and ecologically important drainage and planning for appropriate recreation uses. In addition, the Town and its partners have spent several million dollars acquiring key properties in this area to preserve as open space. The conveyance of the parcel to the Town of Breckenridge for open space and conservation purposes furthers the Town’s efforts to permanently protect and manage the Cucumber Gulch drainage. The remainder of the Claimjumper parcel and the entire Cucumber Gulch Wedge parcel will be managed by the Town of Breckenridge as public open space. These lands will compliment existing open space properties the town has acquired through purchases and dedications. The proposed land exchange would achieve several of the community goals established in Summit County’s Countywide Comprehensive Plan, Snake River Master Plan, and the Joint Upper Blue Master Plan. These goals include, but are not limited to, the protection of open space, use of land exchanges to leverage County open space acquisition monies, provide for diverse housing needs including affordable and employee housing, protection of environmentally sensitive areas from development, protection of wetlands, enhance trail and recreational opportunities within the Snake River Basin, and secure public access and formalize a public trailhead at Chihuahua Gulch.

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1.3.4 PUBLIC BENEFITS The Peru Creek drainage, which includes the Chihuahua Townsite property, is a very popular dispersed backcountry recreation area on the Dillon Ranger District. Several popular motorized and non-motorized recreation routes are enjoyed by hikers, bicyclists, motorcyclists, ATV enthusiasts, jeepers, skiers, snowshoers, and snowmobilers in the Peru Creek area. These routes include Peru Creek Road (FDR 260), Chihuahua Gulch Road (FDR 263), Warden Gulch Road (FDR 265), Argentine Pass Trail, the Continental Divide National Scenic Trail, the Lenawee Trail, and alternative hiking routes to Grays Peak and Torreys Peak. As part of the acquisition of the Chihuahua Townsite parcel the Forest Service will acquire needed right-of-way for the Peru Creek Road Chihuahua Gulch Road, and a segment of the Continental Divide National Scenic Trail on Warden Gulch Road. In addition to its dispersed recreational opportunities, the Peru Creek valley is valued by the public for its scenic resources, backcountry character, and wildlife habitat. Conveying the Chihuahua Townsite parcel to the Forest Service will prevent any development from occurring on the parcel that would impact these resources. The Dercum Dash parcel is currently within the ski area permit boundary for Keystone Ski Area and is in a highly developed area that is in the process of losing its National Forest character. The Snake River Planning Commission has determined that development of the Dercum Dash parcel is consistent with the Snake River Basin Master Plan. The single-family residential development proposed on the parcel is consistent with existing residential development on the adjacent non-Federal lands.

Under the Proposed Action Alternative, the exchange as proposed would be consummated. The three Federal parcels, which are becoming increasingly difficult for the Forest Service to manage because of their proximity to development and/or loss of National Forest character, would be conveyed out of Federal ownership. In exchange, the Forest Service would acquire the Chihuahua Townsite parcel, one of two large tracts of potentially developable land in the Peru Creek drainage. Protection of the backcountry character of the Peru Creek drainage, and its associated values of popular dispersed recreation opportunities, high scenic values, and habitat values, has long been a priority for the Forest Service and Summit County Government. Protection of this parcel from development will preclude improvements and potential plowing of Peru Creek Road necessary to provide access for development, protect the character of NFS lands within and adjacent to the parcel, and maintain the overall undeveloped character of the valley.

1.4

DECISION TO BE MADE

The Forest Supervisor will decide if the land exchange should take place as proposed, with modifications, or not at all.

1.5

LEGAL AND ADMINISTRATIVE FRAMEWORK

Legal guidelines for the implementation of the National Environmental Policy Act (NEPA) state that any Federal action that has the potential to significantly affect the human environment must be analyzed in an environmental document. In pursuing the - 16 -

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environmental analysis there are many Federal and state laws and executive orders (EO) that need to be addressed. These include, but are not limited to the following: • • • • • • • • • • •

Archaeological Resources Protection Act Endangered Species Act Federal Noxious Weeds Act Historic Preservation Act National Forest Management Act National Historic Preservation Act EO 11990 Protection of Wetlands EO 11988 Protection of Floodplains EO 13007 Indian Sacred Sites EO 13175 Consultation & Coordination with Indian Tribal Governments Comprehensive Environmental Response, Compensation, & Liability Act

The exchange is being carried out under the provisions of the General Exchange Act of March 20, 1922, as amended, the Federal Land Policy and Management Act (FLPMA) of October 21, 1976, and the Federal Land Exchange Facilitation Act of August 20, 1988.

1.6

PUBLIC INVOLVEMENT

The proposal was provided to the public and other agencies for comment by a “scoping” mailing during January 2008. A legal notice was posted in the Summit County Journal (newspaper) for four (4) successive weeks starting on January 11, 2008. Several news articles covering the proposed action were published in the Summit Daily News during January, February and March 2008. The Forest Service and the Non-Federal Party also provided a briefing and accepted public comment at the Summit County Open Space Advisory Council meeting on January 9, 2008, the Breckenridge Open Space Advisory Commission on January 14, 2008, the Upper Blue Planning Commission meeting on January 24, 2008, and the Snake River Planning Commission meeting on February 21, 2008. Using comments from the public, other agencies and input from its own interdisciplinary team, the Forest Service developed a list of issues to address. Public response consisted of eleven letters and emails, as well as one phone call. (See Appendix A). The list of issues that appears below was developed from the interdisciplinary team and a review of public response. In addition to the above, Summit County’s Snake River Planning Commission and the Summit County Board of Commissioners provided numerous opportunities for interested and affected persons to participate in the review and approval of the proposed development on the Dercum Dash property. Numerous public meetings, hearings, work sessions and field reviews were hosted by the County from 2002 to 2004.

1.7

ISSUES

The overriding purpose of public scoping is to identify key issues and how to address them, whether through modification of the Proposed Action, analysis of the effects or creation of a new - 17 -

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alternative. An issue is a point of dispute or disagreement with a Proposed Action, based on an effect that the Proposed Action would cause. The Forest Service received several comments during scoping, but not all are issues. The Council on Environmental Quality (CEQ) NEPA regulations require this delineation in Sec. 1501.7, “…identify and eliminate from detailed study the issues which are not significant or which have been covered by prior environmental review (Sec. 1506.3)…..” The Forest Service separated the issues into three groups: non-issues, non-key issues and key issues. Non-issues were comments that did not meet the definition of an issue provided above and in the scoping letter. Non-key issues were identified as those: 1) outside the scope of the proposed action; 2) already decided by law, regulation, Forest Plan, or other higher level decision; 3) irrelevant to the decision to be made; 4) conjectural and not supported by scientific or factual evidence; or, 5) a comment, opinion or position statement. Key issues were defined as all remaining issues. Issue statements were written for the key issues which will be addressed in Chapter 4 in the analysis of environmental effects. The response to scoping comments is in Appendix A.

1.7.1 KEY ISSUES Based on comments received during scoping, the Forest Service identified three key issues. These key issues are listed below: #1 The proposed exchange could have a negative affect on Threatened, Endangered

or Sensitive plant species. Individually and collectively, fens are among the most floristically diverse of all wetland types, supporting a large number of rare and uncommon plant species. A major portion of Cucumber Gulch, adjacent to the Cucumber Gulch Wedge Parcel, is comprised of fen wetlands. The wetlands of Cucumber Gulch have been designated an Aquatic Resource of National Importance (ARNI) by the Environmental Protection Agency. As a result, the Cucumber Gulch fens may contain rare plants and should remain protected through the measures to be imposed with consummation of the land exchange #2 The proposed land exchange may have a detrimental effect on wetland and

riparian areas and aquatic species. Specifically, the Cucumber Gulch Wedge Parcel borders Cucumber Gulch. It likely includes some of the wetlands in the Cucumber Creek area that have been found to be ecologically very valuable. The Forest Service must ensure that the boreal toad habitat and the wetlands and riparian complex there would be protected under non-federal ownership. #3 The proposed exchange could have potential impacts and benefits to Threatened

and Endangered wildlife species and Management Indicator Species (MIS). The White River National Forest is home to several Threatened and Endangered and Sensitive aquatic and wildlife species. The proposal may negatively affect the ability of a lynx to establish a home range in the Lynx Analysis Unit (LAU) and may affect the ability of lynx movement within or between LAUs. In addition, the proposed land exchange may contribute to a negative trend in the Forest-wide population or trend of MIS that would affect achieving Forest Plan MIS objectives or create viability concerns for MIS on the Forest. - 18 -

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1.7.2 NON ISSUES Comments were made during the public scoping for this land exchange proposal regarding the relative economic value of the Federal parcels and non-Federal parcel, the process to determine fair market value of the parcels in the land exchange proposal, and having a land exchange in which the fair market value of the Federal parcels and the non-Federal parcel are balanced. Issues regarding the valuation of parcels in the land exchange proposal are beyond the scope of this Environmental Assessment. Instead, the Forest Service requires appraisals of all the parcels in the land exchange proposal that conform to the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA), the Uniform Standards of Professional Appraisal Practice (USPAP), and specifications developed by the US Forest Service Rocky Mountain Region Appraiser. A contract appraiser is currently completing appraisal reports for the parcels in the land exchange that will be submitted to the Regional Appraiser for review and approval. The Federal Land Policy and Management Act (FLPMA) requires that the equal values of the lands be determined through the appraisal process. To do otherwise is not within the discretion of the decision maker. If the appraisals, to be reviewed and approved by the Forest Service, do not fall within the required equal value limitations, the exchange will not be completed as proposed.

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2 DESCRIPTION OF ALTERNATIVES, INCLUDING THE PROPOSED ACTION This chapter describes and compares the alternatives considered for the Snake River Land Exchange. It includes a description of each alternative considered and presents them in comparative form, defining the differences between each alternative and providing a clear basis for choice among options by the decision maker.

2.1

NO ACTION ALTERNATIVE

Alternative 1 - No Action Under the No Action Alternative, the White River National Forest Land and Resources Management Plan and County zoning would continue to guide management of the project areas. The land exchange would not be consummated and the objectives and opportunities described in Chapter 1, Purpose and Need for the Proposed Action, would not be achieved.. Proposed residential developments of the Dercum Dash and Claimjumper parcels would not occur. The Claimjumper and Cucumber Gulch Wedge parcels would not be acquired by the Town of Breckenridge. The Cucumber Gulch Wedge and Claimjumper parcels would not be annexed into the town. Attainable housing units would not be built on the southern portion of the Claimjumper parcel near Airport Road. Both parcels would likely be incorporated into future land exchange proposals for conveyance to non-Federal ownership. If the No-Action alternative is selected then no land would be exchanged and Forest Service would not acquire the Chihuahua Townsite parcel. This parcel would remain in private ownership. Under private ownership, the property would be available for a variety of future land uses consistent with Town of Chihuahua or Summit County (as may be applicable) and State of Colorado statutes. Development on the lots without development constraints such as steep slopes and wetlands could potentially occur. Density off the lots could potentially be transferred to other locations in Summit County, through the county’s transferable development rights program.

2.2

PROPOSED ACTION ALTERNATIVE

Alternative 2 - The proposed Action The land exchange as proposed by Chihuahua LLC and the Town of Breckenridge involves the conveyance of 74.35 acres of Federal lands in exchange for 42.78 acres of non-Federal lands. Under this alternative, the exchange as proposed would be consummated. The proposal is described in more detail below. Federal Parcel 1: “Dercum Dash” - 20 -

Snake River Land Exchange

Environmental Assessment

This parcel is located just east of Keystone Ski Resort’s River Run Gondola, and is situated at the southeastern end of the residential developments at Keystone. It is bordered on the east and north by private lands and on the west and south are NFS lands within the Keystone Ski Area permit boundary. The adjacent private lands are within the Alders Subdivision with high value residential lots already developed or under construction. This parcel is currently managed under the 8.25 Management Area Direction “Ski-based resorts – existing and potential” in the White River National Forest and Resource Management Plan – 2002 Revision (Forest Plan). This parcel is within the Keystone Ski Area special use permit boundary; however there are no ski area improvements on the parcel. The ski area permittee (Vail Summit Resorts dba Keystone Resort) has agreed to work with the Forest Service to amend the permit boundary if the exchange is consummated. Chihuahua LLC is interested in acquiring this property and intends to develop it as outlined in the rezoning of the parcel to PUD and the associated development agreement approved by Summit County Government that allows for 24 single-family dwelling units, one employee unit, and a 6,000 square-foot clubhouse on approximately 10.93 acres of the parcel. The remaining portions of the parcel, approximately 10 acres, is wetlands and slopes over 30% or open space. Federal Parcel 2: “Claimjumper” This parcel is located adjacent to the Breckenridge town limits, on the west side of Airport Road just south of North Park Avenue. It is surrounded by non-Federal land, including the Claimjumper Condominiums complex which is situated in the middle portion of the parcel. This parcel is currently managed under the 7.1 Intermix Management Area Direction in the Forest Plan. Lands in this management area are characterized by an interface between NFS lands and other public and private lands. The guideline within the Intermix Management Area specifically gives direction to pursue opportunities to consolidate landownership patterns in cooperation with local governments, private landowners, forest users, and the general public. The Town of Breckenridge will annex the parcel into the Town after acquiring it. The Town intends to develop attainable housing units on the southern portion of the parcel near Airport Road. These units would be an extension of the nearby Pinewood Village housing development. The western and northern portions of the parcel will be managed by the Town as open space. The isolated triangle-shaped lot (Lot 17, Section 25) and a narrow sliver adjacent to the Valley Brook Cemetery will be conveyed by the Town to the adjacent landowner for assemblage with the landowner’s adjoining private lands. Federal Parcel 3: “Cucumber Gulch Wedge” This parcel is located north of the Breckenridge Ski Area Peak 8 base and adjacent to the new proposed Peak 7 base area on the east side of Ski Hill Road (Summit County Road 3). The Town of Breckenridge’s Cucumber Gulch Preserve open space is located south and east of the parcel. Private land abuts the parcel to the northeast and Ski Hill Road abuts the parcel to the northwest and west, with NFS lands located on the west side of Ski Hill Road. This parcel is currently managed under the 7.1 Intermix Management Area Direction in the Forest Plan. The guideline within the Intermix Management Area specifically gives direction to pursue opportunities to consolidate landownership patterns in cooperation with local governments, private landowners, forest users, and the general public. - 21 -

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Once this parcel is acquired by the Town of Breckenridge, it will be annexed into the Town and continue to be managed as part of the Town’s Cucumber Gulch Preserve open space. The parcel will be subject to the Town’s Cucumber Gulch Overlay Protection District ordinance that provides a buffer area to wetlands in the Cucumber Gulch drainage in which native vegetation is maintained and human activities and disturbance are kept to a minimum. In addition to the overlay district, the Breckenridge Town Council has agreed to grant a “Deed of Dedication” on the Wedge parcel to the perpetual benefit of the public for use only as public open space once the parcel is acquired by the Town of Breckenridge. This dedication will preclude any use on the parcel except as public open space. Non-Federal Parcel A: “Chihuahua Townsite” The “Town of Chihuahua” is located along Peru Creek in the Snake River Basin. The parcel is an inholding in the White River National Forest. In turn, the Chihuahua Townsite property surrounds a five-acre parcel of NFS lands. The NFS lands around the Chihuahua Townsite parcel are managed under the 4.3 Management Area Direction, which emphasizes providing undeveloped recreation opportunities in natural or natural appearing landscapes. Acquisition of Non-Federal Parcel A would enhance future Forest Service management of the area through allowing additional dispersed recreational opportunities including viewing scenery and wildlife, dispersed camping, picnicking, fishing, snowmobiling, cross-country skiing, and mountain biking.

2.3

ALTERNATIVES CONSIDERED DETAILED ANALYSIS

BUT

ELIMINATED

FROM

Acquire Non-Federal Lands through Direct Purchase The Forest Service considered the alternative of acquiring the Non-Federal parcels through a Congressional appropriation from the Land and Water Conservation Fund (LWCF). This alternative was dropped from further consideration because the proposed appropriation would have to compete against other such requests nationwide. Competition is intense with increasingly limited funding nationwide. The Forest Service concluded that the land exchange process offered a more viable and expedient means of acquiring the Chihuahua Townsite parcel. In addition, Chihuahua LLC has offered the Chihuahua Townsite parcel as a component of an exchange transaction rather than for direct purchase. Furthermore, direct purchase was not responsive to several of the objectives identified in the purpose and need, which could only be addressed through conveyance of certain federal parcels.

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Snake River Land Exchange

2.4

Environmental Assessment

COMPARISON OF ALTERNATIVES

This section provides a summary of the effects of implementing each alternative. Information in the table is focused on activities and effects where different levels of effects or outputs can be distinguished quantitatively or qualitatively among alternatives.

Table 3.

Comparison of Alternatives, Objectives, and Issues Alternative 1 – No Action

Alternative 2 – Proposed Land Exchange

OBJECTIVES Social & Economic

1.

Local community needs

Impedes Breckenridge plans for attainable housing on Claimjumper parcel and additions to Breckenridge open space properties. Chihuahua Townsite parcel would remain subject to private development with pursuant loss of recreation opportunities

2.

Public Interest

Does not meet community goals for attainable housing,

Facilitates Breckenridge’s attainable housing and open space goals. Recreation opportunities and backcountry character in Peru Creek protected.

Would meet Town of Breckenridge’s goals/needs and compliment Summit County’s open space efforts in Peru Creek.

Administrative 1.

2.

Impacts to contiguous Forest Service administered lands

Affects to Special Uses and Easements

No change on NFS lands

USFS would need to acquire easements for the Peru Creek, Chihuahua Gulch, and Warden Gulch roads across the Chihuahua Townsite parcel. USFS would need to continue to administer Special Uses and easements on Claimjumper parcel

No contiguous NFS lands to Claimjumper parcel. No changes to NFS lands contiguous with Dercum Dash and Cucumber Gulch Wedge parcels. Reduced administration burden. All existing special uses and easements are replaced with new easements granted by the Town of Breckenirdge on Claimjumper parcel. Public access secured on Peru Creek, Chihuahua Gulch, and Warden Gulch roads.

Natural Resources

1.

Acquire lands with resource values

No change on NFS lands

2.

Dispose of lands with urban character

No Change on NFS lands

Forest Service would acquire an additional 42.78 acres with high quality natural resource values. The NFS land of the Dercum Dash parcel at the unban interface would become private land and about 10 acres would be developed for as residential uses. Forest Service would dispose of 74.35 acres next to development that have lost National Forest character.

ISSUES 1. Threatened, Endangered and Sensitive Plant Species

No Change on NFS lands Chihuahua Townsite parcel would remain subject to private development

2.

Wetlands/Aquatic Resources

No Change on NFS lands

3.

Wildlife

No Change on NFS lands Chihuahua Townsite parcel would remain subject to private development

Chihuahua Townsite parcel no longer subject to private development. There would be a loss of native vegetation because of private development on about 10 acres of the Dercum Dash property. Forest Service would acquire 7.68 acres of wetlands and additional riparian habitat; wetlands on Cucumber Gulch Wedge parcel protected by perpetual open space dedication and Town of Breckenridge Cucumber Gulch Overlay Protection District No measurable impacts to elk populations at the Forest level and minimal impacts at the project level. Chihuahua Townsite parcel no longer subject to private development.

3a. Threatened, Endangered and Candidate Species

No Change on NFS lands Chihuahua Townsite parcel would remain subject to private development

No impact to listed species, Not likely to adversely impact lynx

3b.

No Change on NFS lands Chihuahua Townsite parcel would remain subject to private development

May affect individuals of some species but will not cause a loss of viability on the planning area or move species toward federal listing

R2 Sensitive Species

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3

Environmental Assessment

AFFECTED ENVIRONMENT

This section describes the present condition of the parcels proposed for exchange.

3.1

Overview of Federal Parcels

3.1.1 FEDERAL PARCEL 1 – DERCUM DASH Keystone Ski Resort is located about 1.5 hours west of Denver, via Interstate 70 and U.S. Highway 6. Although the Dercum Dash parcel is currently located within the ski area permit boundary, there are no improvements on the parcel and it receives minimal human use. The parcel ranges in elevation from 9,350 to 9,570 feet. Vegetation consists primarily of mixed conifer forest dominated by lodge pole pine, Engelmann spruce and subalpine fir. Because this site was historically logged, the stand size range from large pole to small saw timber, however a few large trees are found throughout the property. In general, the parcel lacks any significant amount of woody debris, ground cover, and understory. The parcel contains 1.5 acres of wetlands including a riverine complex to the Snake River in the northwest corner and two slope wetlands in the south central portion of the property. 3.1.2 FEDERAL PARCEL 2 – CLAIMJUMPER The Town of Breckenridge and Breckenridge Ski Resort are located about 90 miles west of Denver, via Interstate 70 and Colorado Highway 9. The Claimjumper parcel is located approximately 0.9 miles northwest of downtown Breckenridge and is accessible off Airport Road. Presently there are several special use authorizations for roads, gas and electric lines, sewer and water lines on the parcel. A residential condominium development is located on private lands in the middle portion of the larger tract and a multi-family affordable housing complex is located just south of the parcel. There are minor encroachments onto the parcel from these developments. The Valley Brook Cemetery abuts the parcel to the northeast. A removal action on mining waste piles located on the parcel that contain high concentrations of lead and arsenic was undertaken by the U.S. Environmental Protection Agency and Forest Service during the summer of 2007, making the site suitable for conveyance. The parcel ranges in elevation from 9,500 to 9,700 feet. The habitat on the parcel consists largely of a young lodgepole pine forest where the crowns have lifted to 20 or more feet off the ground. Additionally, there are a few small patches of Englemann spruce and subalpine fir close to Cucumber Creek. A small Aspen stand also occurs on the property. In general, there is no significant understory or cover on the parcel. Buffalo berry, juniper, lupine, rose, and whortleberry dominate the ground cover. Near Cucumber Creek, the primary species are willows. The west and northwest portions of the parcel are steep slopes over 35%. The parcel includes an 80 +/- yard reach of Cucumber Creek, which flows through the larger tract of the parcel and bisects the small triangular tract in the northern portion of the parcel. These reaches are flanked by sub-alpine wetlands totaling 2.54 acres.

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3.1.3 FEDERAL PARCEL 3 – CUCUMBER GULCH WEDGE The Cucumber Gulch Wedge is located approximately 2.3 miles west of downtown Breckenridge via Ski Hill Road (County Road 3), which abuts the parcel on its west side. A natural surface trail on the southwestern portion of the parcel connects the Peaks Trail to the Town of Breckenridge’s Cucumber Gulch Preserve open space which borders the parcel on the south. To the north of the Cucumber Gulch Wedge is a 17 acre parcel of private land, the south half on which the Town of Breckenridge has a conservation easement. There are development restrictions of the northern portion of the private land that limit development to an estimate 2 acre area. There are neither improvements nor encumbrances on the federal parcel. The parcel ranges in elevation from 9,700 to 9,800 feet. This parcel is predominately mixed conifer with Englemann spruce, subalpine fir, and lodgepole pine being the dominant species. A good amount of spruce/fir, and lodgepole pine regeneration occurs on the parcel, although not enough to create any significant quantity of understory or cover. Grasses and heath are the major contributors to ground cover, although much of the parcel is an open forest floor. The parcel slopes gently to the east and drains into the Cucumber Creek to the southeast and contains 9.391 acres of wetland and riparian areas. There is an upland wetland complex in the mid-western portion of the parcel. The wetlands areas in the greater Cucumber Gulch area include fen wetlands, considered to be an Aquatic Resource of National Importance by the EPA, and a Resource Category I area by the USFWS. Because the parcel is considered to be an important part of the Cucumber Gulch Preserve, the Town has agreed to place additional restrictions on the Cucumber Gulch Wedge through a “Deed of Dedication” to ensure it remains as public open space in perpetuity in order to protect the parcel’s wildlife habitat, wetlands, and riparian ecosystem.

3.2

Overview of Non-Federal Parcel

Chihuahua Townsite The Chihuahua Townsite parcel is located approximately 6.3 miles east of Keystone Resort via Montezuma Road (County Road 5) and Peru Creek Road (County Road 260) at the confluence of Peru Creek and Chihuahua Gulch. The parcel is the site of the Town of Chihuahua, which was incorporated in 1880 and had over 200 inhabitants until a forest fire swept through the town in 1889. There is virtually no evidence of the town on the parcel today. Currently two sheds and miscellaneous personal property are present on the parcel. These items will be removed by the current owner in early summer 2008. Peru Creek Road and Chihuahua Gulch Road cross the parcel. Both of these roads are heavily utilized by the public for dispersed recreation opportunities. The parcel ranges in elevation from 10,350 to 10,600 feet. There is a tremendous diversity of habitats on the parcel as it is a unique microcosm of the subalpine ecozone and all the life forms found in those habitats. Populations of R-2 Sensitive species, pale moonwart and reflected moonwart, have been identified on the parcel.

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A wetlands delineation of the property identified 7.68 acres of wetlands. These wetlands occurred as a diverse array of emergent, shrub and forested riverine and slope wetlands and possibly one flat using the Army Corps of Engineers and Summit County wetland classification system. A majority of the wetlands were associated with the two main drainages on the site, Peru Creek and Chihuahua Gulch. A hazardous materials review of the parcel did not identify significant issues.

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4

ENVIRONMENTAL CONSEQUENCES

4.1

Issue-Related Consequences

This section summarizes the environmental consequences related to the key issues that can be expected from implementing the various alternatives. Following each issue statement is a discussion of the resource and affects on that resource with implementation of the Proposed Action (Alternative 2) and then the No Action Alternative (Alternative 1). (The complete Specialist Report for each issue resource area can be found in the project file located at the Dillon Ranger District, White River National Forest and is available upon request.) 4.1.1 ISSUE 1 The proposed exchange could have a negative affect on Threatened, Endangered or Sensitive plant species. THE PROPOSED ACTION – ALTERNATIVE 2 The Chihuahua Townsite and Cucumber Gulch parcels both contain botanical species that are typically found within and/or surrounding fens. Individually and collectively, fens are among the most floristically diverse of all wetland types, supporting a large number of rare and uncommon bryophytes and vascular plant species. Information on species status, distribution, and ecology was derived from Colorado Natural Heritage Program data base maps and reports, Colorado Division of Wildlife habitat mapping, personal knowledge of the Forest Service biologist preparing the Biological Evaluation for the project, various scientific studies and reports commissioned by the Town of Breckenridge, and an extensive compilation of information contained in the Biological Evaluation for the Revision of the White River National Forest (Forest Service 2002). The Region 2 list of sensitive species is extensive and includes species found in Colorado, Wyoming, Nebraska, and South Dakota. To reduce the number of species analyzed, the Region 2 list has been reviewed and a list of species that could potentially occur on the White River National Forest was developed. The White River NF list includes 19 plant species that occur on the Forest or potentially could occur in habitats on the Forest. (Table 4). Specific information on botanical resources in the proposed project area is contained in the “Biological Evaluation of Forest Service Sensitive Species for the Proposed Snake River Land Exchange” in the project file. Fourteen of the WRNF sensitive plant species do not occur or have habitat within the proposed action, therefore those species will not be discuss any further. The “Biological Evaluation of Forest Service Sensitive Species for the Proposed Snake River Land Exchange” incorporates by reference the Biological Evaluation for the Revision of the White River National Forest (Forest Service 2002) with respect to the evaluated species information and their environment baseline. There are 5 WRNF sensitive plant species that have potential habitat within the proposed action. The risk of adverse effects from the proposed project on the 5 species (Lesser panicled sedge, Altai cotton-grass, russet cotton-grass, Slender cotton-grass, and Spaghnum moss) is discussed on the following pages. - 27 -

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Table 4.

Environmental Assessment

Forest Service Sensitive Plant Species Occurring or Potentially Occurring on the White River National Forest Species

Occurrence

Habitat within project area

Sea Pink (Armeria maritima ssp. sibirica)

Summit County on Hoosier Pass/Hoosier Ridge

No

Park milkvetch (Astragalus leptaleus)

Summit Co., below Green Mtn Reservoir [Gunnison Basin/Middle Park]

No

Wetherill milkvetch (Astragalus wetherillii)

Rifle District endemic species of Colorado Plateau western slope

No

Smooth rockcress (Braya glabella)

Pitkin Co.

No

Lesser panicled sedge (Carex diandra)

Turret Creek drainage on WRNF, scattered widespread occurrences in west

Yes

Rocky Mountain thistle (Cirsium perplexans)

Mesa, Montrose, Delta, Eagle, and Ouray counties

No

Clawless draba (Draba exunguiculata)

Boulder, Clear Creek, El Paso, Gilpin, Grand, Lake, Park and Summit Counties.

No

Gray's peak whitlow-grass (Draba grayana)

Clear, Gilpin, Grand, Lake, Larimer, Park, and Summit Co.

No

Altai cotton-grass (Eriophorum altaicum var. neogaeum)

Southeastern Eagle Co. and Pitkin Co.

Yes

Russet cotton-grass (Eriophorum chamissonis) [E.russeolum]

Taxonomy unclear; Elk Mountains

Yes

Slender cottongrass (Eriophorum gracile)

May occur on Dillon and Sopris Districts

Yes

Endemic to Mosquito Range; Dillon Ranger District (WRNF)

No

Pitkin Co on WRNF

No

West of Hoosier Pass on WRNF

No

Harrington penstemon (Penstemon harringtonii)

Eagle, Garfield, Pitkin and Summit Co on WRNF

No

Debeque phacelia (Phacelia scopulina var. submutica)

Extreme SW portion of the Rifle District in the Horsethief Mt area.

No

Porter's feather grass (Ptilagrostis porteri) [P. mongholica ssp. Porteri]

Summit Co

No

Ice Cold Buttercup (Ranunculus karelinii [R. gelidus spp. grayi, R.grayi])

Summit Co.

No

Sun-loving meadowrue (Thalictrum heliophilum)

SW portion of the Rifle District.

No

Sphagnum angustifolium

Eagle and Summit Counties

Hoosier Pass ipomopsis (Ipomopsis globularis) Colorado tansy-aster (Machaeranthera coloradoensis) Kotzebue grass-of-Parnassus (Parnassia kotzebuei)

Yes

Sources: Forest Service (2002a, 2003), Johnston (2001), Spackman et al. (1997), Weber (1987), and unpublished spreadsheet and plant checklist in Forest Service files, Supervisor’s office, Glenwood Springs, CO.

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Snake River Land Exchange

Environmental Assessment

Lesser panicled Sedge, Carex diandra This species is found on floating and non-floating mats of peat, at pond edges, mossy floating logs and on hummocks in open shrub and sedge meadows at 6,100-9,600 feet in elevation (Handley et al. 2002, Gage and Cooper 2005). The water chemistry is often influenced by limestone and dolomite. This peatland habitat is isolated and uncommon in the state. Individual populations are often locally abundant within small areas of suitable habitat. The Cucumber Gulch parcel may be too high in elevation for this species. In addition, surveys conducted within the Cucumber Gulch parcel did not document the presence of Carex diandra. There is a small wetland component to the Claimjumper Parcel. The Claimjumper Parcel is within the elevation range required for lesser panicled sedge. General botanical surveys conducted on that parcel did not document any Carex diandra. However, Town of Breckenridge studies in the Cucumber Gulch area indicate that this species of sedge may be found in the area. The proposed exchange will have no impact on Lesser-panicled sedge. Altai cotton-grass, Eriophorum altaicum var. neogaeum Altai cotton-grass is found in high mountain bogs (peat wetlands, fens) between 9,500 and 14,000 feet in elevation. This plant typically grows with other sedges. Altai cotton-grass has been found in the southwestern part of Colorado in the Elk and San Juan Mountains. In addition, there is a known population in southeastern Eagle County (Spackman et al. 1997). The Cucumber Gulch Wedge Parcel contain habitat for this species. Surveys were conducted for this species in 1999 by Nancy Redner and no individuals or populations were found on the parcel. However, the Cucumber Gulch Wedge parcel contains suitable fen habitat within the elevation range for this species. The Proposed Action (Alternative 2) may adversely impact individuals, but is not likely to result in a loss of viability on the planning area, not cause a trend to federal listing or a loss of species viability range–wide. The covenants to be imposed on the parcel by the Town of Breckenridge, with consummation of the land exchange, would assure protection of the integrity of the plant species on the parcel. Russet cotton-grass, Eriophorum chamissonis Russet cotton-grass is found in sub-alpine wet meadows and fens with saturated peat soils, where graminoids and forbs dominate the vegetation (Johnston 2005). Russet cotton-grass occurrences range from 7, 800 to 9,500 feet in elevation in Wyoming and 10,400 to 12,000 feet in elevation in Colorado. The Cucumber Gulch Wedge Parcel would be the only parcel that contains wetlands and/or fens. However, the range for this species does not overlap this parcel. Therefore, it is unlikely that this species would be found in the proposed project area. General botanical surveys conducted throughout this parcel did not document any Russet cotton-grass. The proposed project will have no impact on Russet cotton-grass. Slender cotton-grass, Eriophorum gracile Slender cotton-grass is found in fens, wet meadows, and pond edges from 8,100-12,000 feet in elevation. There are 15-20 documented populations of slender cotton-grass in Colorado. As this time there are no known individuals or populations on the White River NF. No individuals or population were identified in the general botanical surveys conducted in the - 29 -

Snake River Land Exchange

Environmental Assessment

area. However, the proposed project area contain suitable habitat and is within the required elevation range. The Proposed Action (Alternative 2) may adversely impact individuals, but is not likely to result in a loss of viability on the planning area, not cause a trend to federal listing or a loss of species viability range–wide. The covenants to be imposed on the property by the Town of Breckenridge, with consummation of the land exchange, would assure protection of the integrity of the plant species on the parcel. Sphagnum moss, Sphagnum angustifolium Sphagnum moss is associated with fens. This species is common across the continental boreal area, where it forms loose lawns in poorly draining fens and bogs. It is typically found in fens with a pH of 4.5-5.5. This species is occasionally associated with Tomenthypnum falcifolium, Sphagnum teres or Sphagnum warnstorfii (www.peatnet.siu.edu). This species was not documented in the general botanical surveys conducted in the proposed area. However, it is likely that this species is found within Cucumber Gulch Wedge parcel. The Proposed Action (Alternative 2) may adversely impact individuals, but is not likely to result in a loss of viability on the planning area, not cause a trend to federal listing or a loss of species viability range–wide. The covenants to be imposed on the property by the Town of Breckenridge, with consummation of the land exchange, would assure protection of the integrity of the plant species on the parcel. Four of the above discussed species are sedges that are typically found within and/or surrounding fens. Sphagnum moss is also found within or surrounding fens. Individually and collectively, fens are among the most floristically diverse of all wetland types, supporting a large number of rare and uncommon bryophytes and vascular plant species (Bedford and Godwin 2003). A major potion of Cucumber Gulch is comprised of fen wetlands. The wetlands of Cucumber Gulch, adjacent to the Cucumber Gulch Wedge parcel, have been designated an Aquatic Resource of National Importance (ARNI) by the Environmental Protection Agency and a Resource Category I by the U.S. Fish and Wildlife Service. As a result, the Cucumber Gulch fens may contain rare plants and should remain protected by the EPA and the Town of Breckenridge through the measures to be imposed with consummation of the land exchange. NO ACTION – ALTERNATIVE 1 Under the No Action Alternative the Federal parcels would not be transferred out of Federal ownership. The PUD rezoning approved by the Summit County Board of Commissioners for the Dercum Dash parcel subject to completion of the land exchange would not be enacted. There would be no change in the natural environment of this Federal parcel. No effects would be expected in the other two parcels. If the Chihuahua Townsite were developed, such development would be generally adverse to native populations of vegetation on the parcel, especially in wetland and fen areas, as well as on the five acres of NFS lands within the parcel and NFS lands in the Peru Creek watershed. The Claimjumper and Cucumber Gulch Wedge parcels would not be annexed into the town and partially developed for affordable housing and managed as part of the town’s Cucumber Gulch Preserve open space. Both parcels would likely be incorporated into future land exchange proposals for conveyance to non-Federal ownership.

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Snake River Land Exchange

Environmental Assessment

4.1.2 ISSUE 2 The proposed land exchange may have a detrimental effect on wetland and floodplain areas and aquatic species. THE PROPOSED ACTION – ALTERNATIVE 2 Wetlands & Floodplains Forest Service land exchanges must meet the requirements of Executive Orders (EO) 11988 and Executive Order 11990. Classifications of wetlands and floodplains followed EO 11988 and 11990 and FSM 2500 direction. The analysis for compliance with these Executive Orders was based based on previous assessments done for the Summit Land Exchange (Thompson and Redner 1999); site specific wetland delineations (Claffey 2002); and the published Flood Insurance Rate Maps for Summit County, Colorado (FEMA, 1987). Floodplains were identified as streamside areas inundated by flows ranging from the annual flood up to approximately a 100-year recurrence interval event. Where available, published Flood Insurance Rate Maps (FEMA 1987) were used to delineate active floodplains. Where floodplain mapping was not available, floodplain delineation was estimated from aerial photography and topographic maps. Wetlands were identified as those areas that exhibit the three characteristics identified in the Corps of Engineers wetland delineation manual (1987): Hydric soils, wetland hydrology, and a prevalence of hydrophytic vegetation. Wetlands and floodplains resources for the three Federal parcels and the non-Federal Chihuahua Townsite parcel are summarized in Table 5 and described in more detail below. Table 5. Wetland and Floodplain Acreages PARCEL Federal Parcels 1. Dercum Dash Parcel 2. Claimjumper Parcel 3. Cucumber Gulch Wedge Parcel TOTAL FEDERAL PARCELS Non-Federal Parcel Chihuahua Townsite Parcel

ACREAGE WETLANDS

FLOODPLAIN

1.54 2.54 9.391

0 2.54 0

13.471

2.54

7.68

4.88

Wetlands: Field reviews identified 1.54 acres of wetlands on the Dercum Dash parcel, consisting of a forested and scrub/shrub riverine wetland in the northwest corner and two high gradient slope wetlands in the south-central portions of the property. On the Claimjumper parcel there is an 80+ yard reach of Cucumber Gulch that flows through the large parcel and bisects the small triangular parcel. These reaches are flanked by 2.54 acres of wetlands dominated by willow and sedge. The Cucumber Gulch Wedge parcel is largely forested but supports a high quality wetland that has developed from emerging surface flows off the east side of the Tenmile Range. Subsurface flows develop into bogs, a terraced beaver pond complex, and a small stream that flows into the much larger Cucumber Gulch riparian complex. Two large wetlands occur in the parcel. The upper wetland largely occurs in the forest understory, with only a few small - 31 -

Snake River Land Exchange

Environmental Assessment

openings for sunlight. The wetland is dominated by willow and bog birch. The second wetland occurs in the eastern one-third of the parcel and supports more surface water, expressed as bogs (fens) in upper areas, and develops into small beaver ponds and a creek lower down. Most of this wetland complex occurs in a forest opening, surrounded by islands of Englemann spruce. A formal wetland delineation was conducted by Western Ecological Resources in 1997 and was reviewed/accepted by the Corps of Engineers. A total of 9.391 acres of wetlands were delineated and mapped. On the non-Federal Chihuahua Townsite parcel, wetland delineation was performed in 2002 by Claffey Ecological Consulting, Inc. and accepted by the Corps of Engineers (Claffey 2002b). According to the survey, 7.68 acres of wetlands occur as a diverse array of emergent, shrub and forested riverine and slope wetlands. The majority of the wetlands were associated with the two main drainages of Peru Creek and Chihuahua Gulch. Beavers have manipulated the landscape creating new side channels of Peru Creek, likely extending the wetland boundaries. Floodplains: Field reviews and Flood Insurance Rate Maps identified no floodplains on the Dercum Dash parcel and Cucumber Gulch Wedge parcel. Flood Insurance Rate Maps (Panel 0800290 0192C) do not include mapping for the reach of Cucumber Gulch across the Claimjumper parcel. However, aerial photo evaluation confirms the findings by Thompson and Redner (1999) that the wetland acres are tied to Cucumber Creek, primarily as floodplain. The wetland acres identified are assumed to act as floodplain. As such, the Claimjumper parcel contains 2.54 acres of floodplain. Floodplains on the Chihuahua Townsite parcel are directly associated with either Peru Creek or Chihuahua Gulch. Both stream channels are generally incised such that the wetland acres are a reasonable representation of the floodplain. Claffey (2002a) described the wetlands adjacent to Peru Creek as riverine wetlands on well developed floodplains; this area totals 3.55 acres. Similarly, the wetlands adjacent to Chihuahua Gulch were also described as riverine wetlands that total 1.33 acres. In total, the Chihuahua Townsite parcel is estimated to contain approximately 4.88 acres of floodplain. Findings: Executive Order 11990 requires Federal agencies to avoid impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands. Under the Proposed Action (Alternative 2) this means that, after completion of the exchange, more acres receive protection similar to that provided by Forest Service management than not. The Federal Parcels contain a total of 13.47 acres of wetlands. The non-Federal parcel contains 7.68 acres of wetlands. In this case, more acreage of wetlands is leaving Federal management (13.47 acres) than is being added (7.68 acres) from this exchange. However, there are three mitigating circumstances. First, the largest wetland leaving Federal management (on the Cucumber Gulch Wedge parcel) will become part of Breckenridge’s Cucumber Gulch Overlay Protection District (Town of Breckenridge Ordinance No. 9, Series 2000). The regulations associated with this Protection District essentially preclude development within the area and instead focus management activities on maintaining important ecological processes occurring in the wetlands. In addition, the Breckenridge Town Council has agreed to grant a Deed of Dedication after its acquires the parcel that would dedicate the parcel to the perpetual benefit of the public for use only as public open space. As such, this area will actually receive similar or increased protections as would be afforded by Forest Service management. The second mitigating factor is that once these - 32 -

Snake River Land Exchange

Environmental Assessment

parcels leave Federal ownership, they are still subject to the same protections provided by Section 404 of the Clean Water Act. The third mitigating factor is that development of the Dercum Dash parcel will be subject to Summit County wetlands requlations, which prohibit disturbance and require at least a 25-foot setback. So even though completion of this exchange would result in a net loss of about 5.79 acres of wetlands to Federal management, the local protections make it consistent with the intent of Executive Order 11990. Executive Order 11988 requires that Federal agencies provide leadership and take action to reduce the risk of flood loss, to minimize the impacts of floods on human safety, health and welfare, and to restore and preserve the natural and beneficial values served by floodplains. The Federal parcels contain approximately 2.54 acres of floodplain while the non-Federal parcel contains 4.88 acres of floodplain. Completion of this exchange would result in a net gain of 2.34 acres of floodplain to Federal management. The floodplain being conveyed with the Federal parcel (Claimjumper) would be managed as open space by the Town of Breckenridge. This management scenario would preclude development in the floodplain. Since the proposed land exchange results in a net increase in floodplain to Federal management, and the floodplain being disposed is protected by local land use overlays, this exchange would be consistent with the intent of Executive Order 11988. Aquatic Resources Parcel A, Chihuahua Townsite contains 1,500 feet of Peru Creek and 300 feet of Chihuahua Gulch, as well as small beaver ponds and wetlands. Existing roads divide the parcel into five sections. Peru Creek feeds the majority of beaver pond habitat in the parcel and contributes to degraded water quality. There is one pond that appears to be fed in part by an upland fen that may have the ability to support a boreal toad population (Horstman, 2002). Due to the many abandoned mines upstream Peru Gulch is unable to support fish populations. The poor water quality also contributes to very low densities of macroinvertebrate communities. Parcel 1, Dercum Dash, contains 1.54 acres of wetland habitat which is influenced by degraded water from the Snake River. It is bordered on the east and north by private lands in the Keystone ski area residential area. No aquatic MIS habitat is associated with this parcel. Parcel 2, Claimjumper, is completely surrounded by private land. There are 2.54 acres of wetlands and 360 feet of Cucumber Gulch found on this parcel. Parcel 3, Cucumber Gulch, is approximately 70% surrounded by non-federal land, including land on the south owned by the Town of Breckenridge and private lands to the north under conservation easement granted to the Town of Breckenridge. There are 9.39 acres of wetlands found on this parcel. Threatened, Endangered and Proposed Fish Species No threatened, endangered, or proposed fish species, or their habitats are known to be located on the Dillon Ranger District or White River National Forest (WRNF), but potential effects to all species listed in Table 6 were considered (see below). Water diversion projects may affect habitat for ESA-listed fish species found in the Colorado River downstream of the White River National Forest boundary. In addition, no water depletions are associated with this activity, therefore no effects are expected to bonytail chub Gila elegans, Colorado pikeminnow Ptychocheilus lucius, humpback chub Gila cypha, and razorback sucker Xyrauchen texanus.

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Snake River Land Exchange

Table 6.

Environmental Assessment

Fish Species listed under the Endangeres Species Act considered in the Snake River Land Exchange Status

Known/ suspected to be present?

Suitable habitat present?

Gila elegans

Endangered

No

No

Ptychocheilus lucius

Endangered

No

No

Gila cypha

Endangered

No

No

Xyrauchen texanus

Endangered

No

No

Common Name

Scientific Name

Bonytail chub Colorado pikeminnow Humpback chub Razorback sucker

Rationale if not carried forward for analysis No water depletions associated with project No water depletions associated with project No water depletions associated with project No water depletions associated with project

Forest Service Region 2 Sensitive Species The following list includes all sensitive aquatic species, or their habitats, that are located on the White River National Forest (Table 7). A review was conducted of available information to assemble occurrence records, describe habitat needs and ecological requirements, and determine whether field reconnaissance is needed to complete the analysis. Sources of information may include Forest Service records and files, the State Natural Heritage Program database, state wildlife agency information, and published research. Table 7. Occurrence and general habitat description for Forest Service sensitive aquatic species listed on the White River National Forest. Common Name

Scientific Name

White River NF Occurrence

Colorado River Cutthroat Trout

Oncorhynchus clarki pleuriticus

Widespread localized reaches

Bluehead sucker

Catostomus discobolus

Flannelmouth sucker

Catostomus latipinnis

Mountain sucker

Catostomus platyrhynchus

Roundtail chub

Gila robusta

Boreal toad

Bufo boreas boreas

Northern leopard frog

Rana pipiens

Colorado River to Granby, Milk, Piceance, Rifle, Alkali, and Divide Creeks Colorado River to Granby, Milk, Piceance, and Divide Creeks Numerous small to medium streams to 9200’ elevation in the Green River drainage and in the headwaters of the Colorado, Yampa and White Rivers Colorado River through Glenwood Canyon, downstream on White River, Milk and Divide Creeks Disjunct, small populations scattered across WRNF

June Creek, Clear Creek – Rifle District; Sterry and Ballon Lakes – Blanco District

Habitat Isolated, headwater streams and lakes Larger rivers of western slope of Colorado Larger rivers of western slope of Colorado Throughout west on both sides of Continental Divide-prefer clear cold creeks and small to medium rivers with rubble, gravel, or sand substrate

Larger rivers of Colorado River basin Subalpine habitats with marshes and wet meadows; ponds, margins of streams. Most common between 8500 and 11,000 feet in elevation. Banks and shallow portions of lakes, pond, wetlands, especially those with rooted aquatic vegetation to 11,000 feet in elevation.

No further analysis is needed for species that are not known or suspected to occur in the project area, and for which no suitable habitat is present. Table 8 summarizes the rationale for excluding a species. If suitable, but unoccupied habitat is present, then potential effects to habitat are evaluated. Suitable habitat is present for boreal toad and northern leopard frog within the proposed land exchange parcels. Potential effects to these species are analyzed in detail below. - 34 -

Snake River Land Exchange

Environmental Assessment

Table 8. Forest Service Sensitive species listed as occurring on the White River National Forest. Common Name

Colorado River Cutthroat Trout Bluehead sucker Flannelmouth sucker Mountain sucker Roundtail chub Boreal toad Leopard frog

Scientific Name Oncorhynchus clarki pleuriticus Catostomus discobolus Catostomus latipinnis Catostomus platyrhynchus Gila robusta Bufo boreas boreas Rana pipiens

Status

Known/ suspected to be present?

Suitable habitat present?

Rationale if not carried forward for analysis

Sensitive

No

No

See comments below*

Sensitive

No

No

Outside range

Sensitive

No

No

Outside range

Sensitive

No

No

Outside range

Sensitive

No

No

Outside range

Sensitive

Yes

Yes

Analyzed in detail

Sensitive

Yes

Yes

Analyzed in detail

*Colorado River Cutthroat Trout are being excluded from this analysis based on the conclusion that there is not suitable habitat to support these fish. The Snake River is in a degraded state of water quality and cannot support natural fish reproduction. Small populations of rainbow trout are stocked yearly to support recreational fishing opportunities. Only the headwaters of Cucumber Gulch, approximately 40% of the entire stream, lie in the forest boundary. Cucumber Gulch passes through Federal Parcel 2 in two short segments totaling 120 yards. It contains a population of brook trout and is connected to the Blue River which is known to carry whirling disease. Based on these conditions it is unlikely that Cucumber Gulch can support a healthy population of cutthroat trout, nor would fisheries managers consider this as a site for reclamation or reintroduction. Sensitive Species – Boreal Toad and Northern Leopard Frog Boreal Toad (Bufo boreas boreas) The boreal toad is protected as an endangered species by the state of Colorado. Boreal toad populations are found in small abundances scattered across the WRNF. There are 13 known breeding sites on the WRNF of which 7 occur on the Dillon RD. While the species is distributed throughout the west, the southern Rocky Mountain populations are separated from others by elevational and geographical barriers. Southern Rocky Mountain boreal toad populations have suffered a well-documented decline in both population size and distribution over the past 20 years. One of the main reasons for the decline of boreal toads is believed to be attributable to a fungal disease (Chytridiomycosis, or chytrid), among other factors such as habitat loss (WRNF Forest Plan Biological Evaluation, Appendix N). There is a breeding population of boreal toads in a wetland complex in the Cucumber Gulch drainage, on private land near federal parcels 2 and 3 (B. Lambert personal communication). Surveys on this population have been ongoing since 1995. As a part of intensive toad surveys conducted by the Town of Breckenridge, in conjunction with the Colorado Division of Wildlife, two adult toads were found in the summer of 2005. They were both tested for - 35 -

Snake River Land Exchange

Environmental Assessment

Chytrid fungus and found to be negative. The Cucumber Gulch wetlands complex is being considered by the CDOW as a reintroduction site for boreal toads, as it is excellent habitat and the existing population is Bd negative. There is also a breeding population located just 500 yards downstream of non-federal Chihuahua Townsite parcel in the Peru Creek drainage. Chytrid fungus was documented in the Peru Creek population in 2001. The parcels listed above are within the dispersal range of both of the breeding populations. It is very possible that boreal toads would use habitat on any of the parcels listed above. In fact, a 1996 Colorado Division of Wildlife (CDOW) survey confirmed one toad on the south eastern edge of the Chihuahua Townsite parcel (Horstman, 2002). Northern Leopard Frog (Rana pipiens) The northern leopard frog ranges across much of northern United States and southern Canada. It occurs throughout Colorado except in the southeast portion of the state. The northern leopard frog ranges to 11,000 feet in elevation and has been documented in 8 different locations on the White River National Forest, Blanco and Rifle Ranger Districts. Formerly abundant in Colorado, the northern leopard frog is declining and has become scarce in many areas. One of the main reasons for the decline is believed to be attributable to a fungal disease (Chytridiomycosis, or chytrid), among other factors (WRNF Forest Plan Biological Evaluation, Appendix N). There are no known surveys for this species in any of the land exchange areas, nor has it been documented there in the past. Since the project area is within the elevation range of this species and contains perennial water suitable habitat exists there is a possibility that northern leopard frogs may occur in any of the proposed areas.

Potential Effects to Sensitive Species Non-Federal Parcel There are no known breeding populations of amphibians on Parcel A - Chihuahua Townsite. However there is a documented boreal toad breeding population just 500 yards downstream of the parcel boundary. The Chihuahua Townsite parcel is within the dispersal distance for adult boreal toads. Peru Creek provides a riparian corridor from the breeding site to the parcel. The parcel contains streamside riparian habitat on Peru Creek and Chihuahua Gulch as well as small beaver ponds and wetlands. A total of 7.68 acres of wetland habitat are included in this parcel. Existing roads divide the parcel into five sections. Peru Creek feeds the majority of beaver pond habitat in the parcel and contributes to degraded water quality. There is one pond that appears to be fed in part by an upland fen that may have the ability to support a toad population (Horstman, 2002). The riparian corridor along Chihuahua Gulch may provide access to the ponds and beaver complexes found upstream. However, this section of Chihuahua Gulch is high gradient and may not provide optimal means of dispersal. The breeding population of boreal toads on Peru Creek tested positive for chytrid fungus in 2001. Chytrid can result in drastic mortality to this population and may limit dispersal to new habitats, including those on the Chihuahua Townsite parcel. Federal Parcels There are no known populations of amphibians on Parcel 1 – Dercum Dash. However, there are 3 populations documented in the surrounding areas. Two breeding populations exist on the North Fork Snake River and one in Montezuma area. The upper breeding site on the North Fork Snake lies outside the typical dispersal distance for boreal toads. The exact - 36 -

Snake River Land Exchange

Environmental Assessment

location of the lower North Fork Snake and Montezuma populations remains unknown to USFS biologists at this time. Parcel 1 contains 1.54 acres of wetland habitat which is influenced by degraded water from the Snake River. It is bordered on the east and north by private lands in the Keystone ski area residential area. Due to the poor water quality, the small amount of wetland habitat is likely unsuitable for amphibian breeding. There are no known populations of amphibians on Parcel 2 – Claimjumper. Parcel 2 is completely surrounded by private land. There are 2.54 acres of wetlands and 120 yards of Cucumber Gulch are found on this parcel. This parcel contains habitat that may be used by the Cucumber Gulch boreal toad population located upstream in a wetland complex. The complex is 1,000 yards away from the parcel which is in the distribution range of boreal toads. As stated earlier, this population is in a state of decline. There are no known populations of amphibians on Parcel 3 – Cucumber Gulch Wedge. Parcel 3 is approximately 70% surrounded by non-federal lands. There are 9.39 acres of wetlands found on this parcel. This parcel contains habitat that may be used by the Cucumber Gulch boreal toad population located upstream in a wetland complex. The complex is 400 feet away from the parcel which is in the distribution range of boreal toads. As stated earlier, this population is in a state of decline. Summary of Effects on Boreal Toad and Northern Leopard Frog Impacts to boreal toad and northern leopard frog and their habitat would be minimal due to the fact that most of the wetland habitat being exchanged would be protected as open space and that there are currently no documented occurrences of sensitive amphibians on the exchange parcels. However, in areas where development may occur (Parcel 1 and 2) there maybe risk of crushing dispersing individuals during construction and development as well as elimination of covered corridors to and from terrestrial and aquatic habitats. Therefore, the Proposed Action alternative considered for the Snake River Land Exchange may adversely impact individuals, but is not likely to result in a loss of viability in the planning area, nor cause a trend toward federal listing for boreal toad (Bufo boreas boreas) and northern leopard frog (Rana pipiens). Since there would be no net loss in protected wetland habitat in the proposed action and there is currently no occupied habitat by boreal toad and northern leopard frog there are no expected cumulative effects with the proposed action.

Aquatic Management Indicator Species From the Forest-wide Management Indicator Species (MIS) list, elk, trout, and aquatic marcoinvertebrates were identified as project MIS based on Forest Plan selection criteria (USFS 2002b) and their presence, potential occurrence, and/or their habitats within or adjacent to the proposed Snake River Land Exchange parcels can act as surrogates for the suite of species in the habitats effected. Aquatic MIS chosen for monitoring under the WRNF Forest Plan include aquatic macroinvertebrates and total trout density. Both aquatic MIS are present within the project area and may be affected by proposed activities. Detailed analysis of project area effects to those species is documented in “Specialist’s Report – Fisheries Resource and Aquatic Management Indicator Species” (Grove 2008(a)) and summarized below. Under the Proposed Action, all aspects of stream health would remain in a diminished stream health class. In Cucumber Gulch brook trout would continue to dominate the fish community, and total trout MIS habitat would continue to be classified as poor. Peru Creek - 37 -

Snake River Land Exchange

Environmental Assessment

would remain in a degraded state unable to support fish due to the pollution from upstream mine impacts. No information on fish populations in Chihuahua Gulch is available at this time, however no change in habitat condition would be expected as a result of the Snake River Land Exchange. Aquatic macroinvertebrate communities in Peru Creek would continue to exhibit signs of severe water quality degradation within and downstream of the project area. No change in macroinvertebrate communities would be expected in Cucumber Gulch or Chihuahua Gulch. Water quality would continue to be the main limiting factor for both trout and aquatic macroinvertebrates in Peru Creek. No effects would be expected that would influence Forest-wide trends in aquatic MIS habitat quality or quantity under the Proposed Action Alternative. Parcels that are involved in the exchange either have no aquatic MIS habitat associated with them (e.g., Dercum Dash), the aquatic habitat is in a severely degraded condition (e.g., Peru Creek - Chihuahua Gulch parcel), or the parcel is isolated by private land and therefore habitat restoration potential is low (e.g., Cucumber Gulch- Claimjumper Parcel). Summary of Effects to Aquatic MIS The implementation of the proposed action with design criteria would neither contribute towards nor negatively affect meeting aquatic MIS objectives at the Forest-wide scale. Despite existing water quality impacts that would continue to impact aquatic MIS, it is possible that during the plan period, a change in mine discharge treatment could result in improvements. Physical habitat quality would not be expected to change. Long-term effects to trout or aquatic macroinvertebrate physical habitat as a result of the proposed action would not result in any measurable population trends at the Forest-wide scale. Since there are no direct or indirect effects related to this land exchange, then by definition, there are no cumulative effects.

NO ACTION – ALTERNATIVE 1 Wetlands & Floodplains Under the No Action Alternative (Alternative 1) there is no change in the status of wetlands or floodplain protection on the Federal and non-Federal parcels. This means that overall less acres would receive protection similar to that provided by Forest Service management than if the exchange were to occur. The non-Federal parcel potentially would be developed to some extent and the 7.68 acres of wetlands contained within the parcel would be subject to the protection measures deemed appriopriate by the Town of Chihuahua, Summit County and Section 404 of the Clean Water Act. The Chihuahua Townsite parcel would remain in private ownership. Under private ownership, this parcel would remain as approximately 500 subdivided lots. Development on the lots without development constraints such as steep slopes and wetlands could potentially occur. Direct and indirect impacts to wetlands and floodplains on the parcel would likely occur if townsite lots were developed. Aquatic Resources Under the no action alternative, all aspects of stream health would remain in a diminished stream health class. In Cucumber Gulch brook trout would continue to dominate the fish community, and total trout MIS habitat would continue to be classified as poor. Peru Creek would remain in a degraded state unable to support fish due to the pollution from upstream mine impacts. Aquatic macroinvertebrate communities in Peru Creek would continue to exhibit signs of severe water quality degradation within and downstream of the project area. - 38 -

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No change in macroinvertebrate communities would be expected in Cucumber Gulch or Chihuahua Gulch. Water quality would continue to be the main limiting factor for both trout and aquatic macroinvertebrates in Peru Creek. No effects would be expected that would influence Forest-wide trends in aquatic MIS habitat quality or quantity under the No Action Alternative.

4.1.3 ISSUE 3 The proposed exchange could have potential impacts and benefits to Threatened, Endangered, or Sensitive wildlife species and Management Indicator Species (MIS). THE PROPOSED ACTION – ALTERNATIVE 2 The WRNF is located in the North-Central Highlands and Rocky Mountain Ecological Subregion (USDA-FS 1994). This ecological sub-region is characterized by a variety of topographic and climatic conditions providing habitat for numerous species of wildlife. The WRNF is known to provide habitat for 72 species of mammals, 202 species of birds, 11 species of reptiles, 5 species of amphibians, and 17 species of fish (USDA-FS 1984). The parcels contain species that are usually associated with the habitats found on the parcels. Specific information on wildlife resources in the proposed project area is contained in the various Wildlife Reports located in the project file. Threatened and Endangered Wildlife Canada Lynx are the only threatened and endangered wildlife species that occurs in the project area. Maps produced by the CDOW (Shenk 2005, CDOW Web Site) show satellite and radio telemetry locations of lynx since reintroduction began in 1999. The maps show relocations in the Montezuma/Snake River area. It is thought that these relocations were transient animals that were making exploratory movements and no home ranges have been established in this area. There were also relocations of lynx in the Breckenridge area. There have also been sightings of lynx in the Breckenridge area in winter 2007-08 but it has not been determined if a home range has been established in this area. Therefore there is no indication that any lynx have established home ranges within the project area. The Dercum Dash and Chihuahua Townsite parcels occur in the Snake River Lynx Analysis Unit (LAU) and near the Loveland Pass Lynx Linkage Area. The Claimjumper and Cucumber Gulch Wedge are in the Swan River LAU with no lynx linkage areas close by. Both LAUs are well within the minimum lynx habitat parameters specified in the Forest Plan. Lynx is the only listed species (threatened) under the Federal Endangered Species Act whose habitat exists in the project area, and therefore could be affected by this land exchange. While only some of the parcels involved in the Proposed Action are in designated Mapped Lynx Habitat, all the parcels do contain lynx habitat. Table 9 shows the habitat designation that occurs on or surrounds each parcel site.

Table 9. Lynx Habitat Designations Parcel Name

Mapped Lynx Habitat Type - 39 -

Ground Verified Lynx Habitat Type

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Federal Parcels Dercum Dash Claimjumper Cucumber Wedge Non-Federal Parcels Chihuahua Townsite

Environmental Assessment

Winter Foraging/Other/Private Winter Foraging/Other/Non-Habitat Private

Other Other/Non-Habitat Other/Winter Foraging

Private

Denning/Winter Foraging/Other

The above described habitat is from mapping units taken from the Forest Lynx habitat GIS layer and the Forest Vegetation GIS layer. Field verification or photo interpretation was done for all of the habitat polygons and habitat was reclassified as detailed in the Biological Assessment located in the project file. Denning habitat is defined as coniferous forest cover that has closed canopy tree cover and substantial amounts of large down trees that occur in jack straw piles and is usually in spruce fir forest. Denning habitat also needs to be near areas of high quality foraging habitat so that the female can hunt and not leave the kittens alone for long periods of time. Winter foraging habitat is coniferous forest cover that supports snowshoe hares which is the primary prey species of lynx. The habitat has to have sufficient under story of shrubs and live conifer needles within the year round reach of snowshoe hares to support hares year long. Food sources need to be available during all snow covered seasons. Other habitat is coniferous forest cover and minor amounts of aspen and shrub cover that lynx use to travel between high quality habitat patches or may support other lynx prey species during non snow covered periods. Private habitat is non-forest service lands that were not mapped as lynx habitat and in some cases NFS lands that were not mapped. Non-Federal Parcel The Chihuahua Townsite parcel is mapped as private land habitat. Field surveys of the south part of the parcel noted hare pellets and concluded that hare use here was moderate and that similar forest type extends south-southeast onto NFS lands. This parcel would be mapped as lynx habitat similar to surrounding Forest Service mapping. Based on photo interpretation and knowledge of the parcel, the parcel contains about 5 acres of winter foraging habitat, 19 acres of other habitat, and 20 acres of non-habitat. Although the Loveland Pass Linkage Area does not include the Chihuahua Townsite, it is less than three miles from the corridor and it is feasible that lynx may use this parcel for foraging while on the move. Federal Parcels Dercum Dash is partially mapped as denning and other habitat with the majority mapped as private due in part to mapping errors in vegetation cover. This property is on the edge of a large habitat block next to a relatively busy base area development of Keystone Ski Area and neighborhood developments. A lynx that is habituated to human uses may use this parcel but it is unlikely that lynx use this property extensively to forage or move through because of developed private lands bordering the parcel. In addition, this parcel does not contain optimal snowshoe hare habitat as hares prefer younger forests with high amounts of horizontal cover or old growth or mature spruce/fir forests. The part of Dercum Dash that is proposed for development does not contain this type of habitat. Although the Loveland Pass Lynx Linkage Area is near the parcel, it is unlikely that movement of lynx through this corridor will be impacted by the exchange of Dercum Dash to private land. This parcel could - 40 -

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provide some diurnal security habitat for lynx, but better habitat extends all the way up Jones Gulch so it is unlikely that diurnal security habitat will be adversely impacted. The Claimjumper parcel in Breckenridge is mapped as winter foraging, other and nonhabitat. It is unlikely that lynx would use this property for movement due to its close proximity to the Town of Breckenridge and existing housing developments that occur around the parcel. The Claimjumper parcel contains low quality habitat with little evidence of hares on the property. Additionally, there is little diurnal security as most of the property has a fairly open canopy punctuated by large clearings where reclaimed mines occur. The Claimjumper parcel does not occur near any linkage or connectivity area that lynx might use. The majority of this parcel is intended to remain as open space so current lynx habitat values would be continued therefore there would be no impact to Lynx and indiscernible impacts to lynx habitat by the Claimjumper exchange. The Cucumber Gulch Wedge parcel is mapped as private lands habitat. The parcel could provide marginal foraging habitat for lynx, but it is a low quality habitat with very little cover or understory for hares to forage and is too small to support a hare home range. The parcel is too small and not densely forested enough to provide any diurnal security habitat for lynx. Additionally, this parcel is not part of any connectivity or linkage area for lynx. This parcel is intended to remain as open space so current lynx habitat values would be continued therefore there would be no impact to Lynx and indiscernible impacts to lynx habitat from exchanging this parcel Summary of Effects on Lynx The exchange of the above-mentioned Federal lands for the Non-Federal Chihuahua Townsite parcel would not affect the ability of a lynx to establish a home range in the LAUs and would not affect the ability of lynx to move within or between LAUs. The project would be a permanent loss of low quality habitat in areas of highly developed landscape and a habitat gain in a relatively undeveloped area that would place private lands under federal management guidelines. The Jones Gulch corridor and Loveland Pass Linkage Area would still be accessible to lynx for travel. The parcels being conveyed to private are of low quality habitat that is highly influence by adjacent land uses and are likely not utilized by lynx. On the other hand, the parcel that the Forest Service would acquire would be protected and managed for lynx. Additionally, the Chihuahua Townsite parcel is more remote and less busy than the Federal parcels that would be turned private. Overall, the Proposed Action (Alternative 2) does not significantly affect lynx or lynx habitat and is not likely to be an adverse impact to lynx.

Forest Service Region 2 Sensitive Species Region Two (R2) has designated "sensitive species" (USFS 2003 and 2005), representing species declining in number or occurrence or whose habitat is declining, either of which could lead to Federal listing if action is not taken to reverse the trend, and species whose habitat or population is stable but limited. From the updated R2 list, a subset of sensitive species, including 20 plants, one insects, five fish, two amphibians, 17 birds, and eight mammals and was determined to be present or potentially present on the WRNF after an analysis of all sensitive species on the overall updated R2 list (USFS 2003 and 2005), Table 10 shows the R2 terrestrial sensitive wildlife species that occur on the Forest and the impacts to these species from the Proposed Action. - 41 -

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Suitable habitat has been identified for nine Region 2 terrestrial sensitive species within the project site/area of influence of the Federal parcels. Only two of these species – American marten and boreal owl – have been documented within or near the project site/area of influence and seven other species have potential habitat in the project area and could occur on the parcels. Species highlighted in bold in Table 10 may be impacted by the project. The Proposed Action may impact individuals of these species but is not likely to result in a loss of viability for any of these species in the planning area, nor cause a trend to Federal listing or a loss of species viability range wide. Management Indicator Species From the Forest-wide Management Indicator Species (MIS) list elk, trout, and aquatic marcoinvertebrates were identified as project MIS based on Forest Plan selection criteria (USFS 2002c) and their presence, potential occurrence, and/or their habitats within or adjacent to the proposed Snake River Land Exchange parcels can act as surrogates for the suite of species in the habitats effected. The Proposed Action would result in no discernable direct, indirect, or cumulative effects to elk, elk habitat effectiveness, or the ability of elk to disperse at the Forest level. The Proposed Action would be consistent with all applicable WRNF standards and guidelines (USFS 2002b, as amended in 2005), the management objective (USFS 2002c), and Forest direction (USFS 2002b) for this MIS. The Proposed Action would not result in measurable impacts to elk populations at the Forest level. Additionally, the proposed exchange would have minimal impacts on elk at the project level. The Proposed Action would not measurably contribute to any negative trend in the Forest-wide population or trend of this MIS that would affect achieving Forest Plan MIS objectives or create viability concerns for this MIS on the Forest. Federal acquisition of the Chihuahua Townsite parcel may benefit bighorn sheep habitat.

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Table 10. Determination summary of effects on R2 sensitive terrestrial animal species resulting from the proposed Snake River Land Exchange Proposed Action Determination

Common name, Scientific name

INSECTS Hudsonian emerald, Somatochlora hudsonica NI Nokomis fritillary butterfly, Speyeria nokomis nokomis NI BIRDS Northern goshawk, Accipiter gentiles MAI Northern harrier, Circus cyaneus NI Ferruginous hawk, Buteo regalis NI American peregrine falcon, Falco peregrinus anatum NI White-tailed ptarmigan, Lagopus leucurus MAI Greater sage grouse, Centrocercus urophasianus NI Columbian sharp-tailed grouse, Tympanuchus phasianellus columbianus NI Flammulated owl, Otus flammeolus NI Boreal owl, Aegolius funereus MAI Black swift, Cypseloides niger NI Lewis woodpecker, Melanerpes lewis NI Three-toed woodpecker, Picoides tridactylus MAI Olive-sided flycatcher, Contopus cooperi MAI Loggerhead shrike, Lanius ludovicianus NI Purple martin, Progne subis NI Brewer’s sparrow, Spizella breweri NI Sage sparrow, Amphispiza belli NI MAMMALS Pygmy shrew, Microsorex hoyi montanus MAI Fringed myotis, Myotis thysanodes NI Spotted bat, Euderma maculatum NI Townsend's big-eared bat, Corynorhinus townsendii townsendii NI American marten, Martes americana MAI North American wolverine, Gulo gulo luscus NI River otter, Lutra canadensis NI Rocky mountain bighorn sheep, Ovis c. canadensis MAI Other R2 sensitive animals are not listed because they have not been found on the WRNF, they have no affinities to habitats on the project area, the project area is outside of the species' range or elevational distribution, and the Proposed Action would have no impact on those species. Species in bold are potentially present and/or are discussed in the WRNF Forest Plan. Wildlife are listed phylogenetically. NI = No impact. MAI = may impact individuals, but is not likely to result in a loss of viability on the planning area, nor cause a trend to federal listing or a loss of species viability rangewide. Determinations in this table only consider NFS lands that may be directly, indirectly, or cumulatively affected by the Proposed Action, which R2 species determinations are based on. Where potential or occupied habitat is present on adjacent private lands that are part of the project area, additional discussion is provided in the WRNF Forest Plan.

NO ACTION – ALTERNATIVE 1 If no-action is implemented then no land would be exchanged and Forest Service would not acquire the Chihuahua Townsite parcel. If the Chihuahua Townsite were developed, such development would be generally adverse to native populations of vegetation and wildlife on the parcel as well as on the five acres of NFS lands within the parcel and NFS lands in the Peru Creek watershed. If the townsite were developed there would be adverse impacts to wildlife, in particular lynx from increased traffic on the Montezuma and Peru Creek Roads. - 43 -

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Montezuma Road bisects the Loveland Pass lynx linkage area and increased traffic could inhibit lynx movement in the linkage area. If the townsite were developed, at any level, the Peru Creek Road would likely be reconstructed and plowed in winter thus providing year round access into areas that currently have only limited year round access. This increased access would affect wildlife due to increased snow compaction and increased human use during seasons when animals need solitude.

4.2

Consequences Relative to Significance Elements

In 1978, the Council of Environmental Quality promulgated regulations for implementing the National Environmental Policy Act (NEPA). These regulations (40 CFR Parts 1500-1508) include a definition of “significantly” as used in NEPA. The eleven elements of this definition are critical to reducing paperwork through use of a finding of no significant impact when an action will not have a significant effect on the human environment and is therefore exempt from requirements to prepare an environmental impact statement. (a) Context -- The local context of this proposal is the Snake River and Upper Blue River watersheds of the Dillon Ranger District. Even in this local context, this proposal would not pose significant short or long-term effects. In this relatively small, local context, this action proposes to affect the ownership of 117 acres of land. In the next larger context of the area of Summit County, NFS lands represent approximately 76% (approximately 312,669 acres) of the land area. The proposed action would affect less than .05% of that land area. (b) Intensity (1) Beneficial and adverse effects -- An example of where the effects of this project would be both beneficial and adverse is lynx habitat. The proposed exchange would not affect the ability of a lynx to establish a home range in the Lynx Analysis Units and would not affect the ability of lynx move within or between LAUs. The project would be a permanent loss of low quality habitat in areas of highly developed landscape and a habitat gain in a relatively undeveloped area that would place private lands under federal management guidelines. The Jones Gulch corridor and Loveland Pass Linkage Area would still be accessible to lynx for travel. The parcels being conveyed to private, specifically the Dercum Dash and Claimjumper parcels, are of low quality habitat that is highly influenced by adjacent land uses and are likely not utilized by lynx. On the other hand, the parcel that the Forest Service would gain would be protected and managed for lynx. Additionally, the Chihuahua Townsite parcel is more remote and has less nearby human activities than the Federal parcels that would be conveyed to non-Federal ownership. Overall, the Proposed Action (Alternative 2) does not significantly affect lynx or lynx habitat and is not likely to be an adverse impact to lynx. (2) Public health and safety -- The proposed action would have no effect or benefit public health and safety. (3) Unique characteristics of the geographic area -- The project area does not include any parklands, prime farmlands, or wild or scenic rivers. While it does include wetlands, under the Proposed Action (Alternative 2) more acres receive protection similar to that provided by Forest Service management than not. The Federal Parcels contain a total of 13.47 acres of wetlands. The non-Federal parcel contains 7.68 acres of wetlands. In this case, more acreage - 44 -

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of wetlands is leaving Federal management (13.47 acres) than is being added (7.68 acres) from this exchange. However, there are three mitigating circumstances. First, the largest wetland leaving Federal management (on the Cucumber Gulch Wedge parcel) would become part of Breckenridge’s Cucumber Gulch Overlay Protection District. The regulations associated with this Protection District essentially preclude development within the area and instead focus management activities on maintaining important ecological processes occurring in the wetlands. In addition, the Breckenridge Town Council has agreed to grant a Deed of Dedication after it acquires the parcel that would dedicate the parcel to the perpetual benefit of the public for use only as public open space. As such, this area will actually receive similar or increased protections as would be afforded by Forest Service management. The second mitigating factor is that once these parcels leave Federal ownership, they are still subject to the same protections provided by Section 404 of the Clean Water Act. The third mitigating factor is that development of the Dercum Dash parcel will be subject to Summit County’s wetland regulations, which prohibit disturbance and require at least a 25-foot setback. These requirements are reflected in the site plan approved by the County which was incorporated into the conditional zoning for the parcel. (4) Controversy -- The potential land exchange has been discussed in detail with a number of entities in a variety of forums. Presentations have been made by the Forest Service and/or the Non-Federal Party to the Summit County Commissioners, the Summit County Open Space Advisory Council, the Breckenridge Open Space Advisory Commission, the Upper Blue Planning Commission, and the Snake River Planning Commission. Field trips have been conducted with representatives from a number of governmental agencies including the Forest Service, the Colorado Division of Wildlife, US Fish and Wildlife Service, US EPA, US Army Corps of Engineers and Summit County. The proposed land exchange has also been discussed with representatives from Colorado Wild, neighboring landowners and others. Public and agency response to the proposed land exchange has been overwhelmingly favorable. Two comments received during public scoping (comments 8 and 10) raised disagreement about the proposed land exchange. These comments raised disagreements based either on non-scientific information such as newspaper articles, or on personal opinions and assumptions that are not realistic and do not acknowledge current trends or general consensus in scientific research and literature about these subjects. These comments and the agency’s acknowledgement to them are detailed in Appendix A. (5) Uncertainty, unique or unknown risks – Land exchanges between Federal and nonFederal lands are well-established methods for making land adjustments to benefit public and private land patterns. Other similar land exchange projects in recent times include the Summit Land Exchange (2000), Slate Creek Land Exchange (1998), and Ralston Land Exchange (1996). The environmental analyses conducted for determinations of public benefits and the impacts to the resources are supportable with the use of detailed field studies, reliable data and professional judgment. During the land exchange process the intended use of both Federal and non-Federal parcels is disclosed to eliminate the uncertainty or risk that would be entailed by future potential development on either land (6) Precedence – The proposed land exchange is specific to a selected group of lands. The agency may propose additional land adjustments outside those proposed in this project, but such future efforts would be analyzed separately and on their own merits. Regarding other actions that might be considered connected to this action or reasonably foreseeable in the - 45 -

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future: additional land adjustments would occur only if proven to be in the public interest and consistent with Forest Plan and other federal regulations. There are no additional parcels, Federal nor non-Federal included as part of this Proposed Action. Any change in the configuration of the parcels of the land exchange and would be analyzed separately and on its own merits if proposed in the future, and no decision to pursue such activity would be made without NEPA processing. For these reasons, this proposal would not establish a precedent for any future actions that might pose significant effects or represent a decision in principle about future management considerations. This project is based on the overall consistency of the proposed activity with the Forest Plan standards, guidelines and management practices on the land. (7) Cumulative impacts – As stated under Section 1508.7 of the 40 CFR Regulations guiding NEPA Procedures, Cumulative Impacts are described as follows: “Cumulative Impact” is the impact on the environment which results from the incremental impact of the action when added to the past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-Federal) or person undertakes such other actions. Cumulative impacts can result from individual minor, but collectively significant actions taking place over a period of time. The proposed land exchange would provide an overall benefit to plant and wildlife resources on the WRNF, insignificantly ameliorating adverse effects of other past, present, and reasonably foreseeable future actions in the action area. The proposed action would not contribute any incremental effects to cumulative impacts. Cumulative impacts to lynx would be less under Alternative 2 where the Chihuahua Townsite parcel would transfer to Federal ownership and not developed. Some cumulative positive impacts on wildlife may also be realized by concentrating development in already developed areas and avoiding “urban sprawl” through out the county thus limiting the effects of road development and utilities development and increased traffic into undeveloped areas of the county. (8) Cultural and historical resources -- Cultural resource inventories have been completed for all Federal parcels. No significant cultural resources are located within the parcels that would encumber exchange of the parcels. Colorado State Historic Preservation Officer has concurred with the findings of “no historic properties affected” for the land exchange based on negative results from previous cultural resource inventories. (9) Endangered or threatened species or its habitat – The Biological Assessments/Biological Evaluations for this project are hereby incorporated by reference and available on request at the Dillon Ranger District. The wildlife report identified one animal species potentially occurring within the project area that is on the federally threatened or endangered species lists or proposed for federal listing: Canada lynx (Lynx canadensis). The wildlife report found that the proposed alternatives would not significantly affect lynx or lynx habitat and is not likely to be an adverse impact to lynx. The Biological Evaluation found that the proposed activities would not result in a trend toward Federal listing or a loss of viability for any R2 Sensitive Species. There are four fish species listed as endangered under the Endangered Species Act which occur downstream of the project area. These include Colorado pikeminnow (Ptychocheilus lucius), razorback sucker (Xyrauchen texanus), humpback chub (Gila cypha), and bonytail - 46 -

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chub (G. elegans). On both the Federal and non-Federal lands proposed in the exchange there is no suitable habitat for these species and they are neither known nor suspected to be present. There are no water depletions associated with the proposed land exchange and therefore the project would have No Effect on these species. (10) Federal, State, or local law or requirements – US Fish and Wildlife Service has been consulted in the planning of this project, and effects are minimal and concurrence with the determinations of “No Effect” and “Not Likely to Adversely Affect” were made through screening the BA for the various T&E species considered. That consultation process and concurrence, taken together with the consistency of the Proposed Action with the Forest Plan, constitute this project’s compliance with the Endangered Species Act. This project would not adversely affect any Forest Service Sensitive species, to any extent that would cause a trend toward listing of any such species as Threatened or Endangered. The Biological Evaluation (BE) discusses in detail the anticipated effects that this project would cause on Sensitive species. That report is hereby incorporated by reference and may be obtained by contacting the Dillon Ranger District. In compliance with the National Historic Preservation Act (NHPA), this project area has been surveyed for historical and cultural resources. The sites located by those surveys have been documented. Colorado State Historic Preservation Officer has concurred with the findings of “no historic properties affected” for the land exchange based on negative results from previous cultural resource inventories. The Proposed Action is fully consistent with the Forest Plan for the White River National Forest. The resource reports detail more fully how the Proposed Action achieves consistency with the individual goals, objectives, standards, guidelines, and management area direction in the Forest Plan. The resource reports are hereby incorporated by reference and may be obtained by contacting the Dillon Ranger District. Executive Order 11990 requires Federal agencies to avoid impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands. Under the Proposed Action (Alternative 2) this means that, after completion of the exchange, more acres receive protection similar to that provided by Forest Service management than not. The Federal Parcels contain a total of 13.47 acres of wetlands. The non-Federal parcel contains 7.68 acres of wetlands. In this case, more acreage of wetlands is leaving Federal management (13.47 acres) than is being added (7.68 acres) from this exchange. However, there are two mitigating circumstances. First, the largest wetland leaving Federal management (on the Cucumber Gulch Wedge parcel) will become part of Breckenridge’s Cucumber Gulch Overlay Protection District (Town of Breckenridge Ordinance No. 9, Series 2000). The regulations associated with this Protection District essentially preclude development within the area and instead focus management activities on maintaining important ecological processes occurring in the wetlands. In addition, the Breckenridge Town Council has agreed to grant a Deed of Dedication after its acquires the parcel that would dedicate the parcel to the perpetual benefit of the public for use only as public open space. As such, this area will actually receive similar or increased protections as would be afforded by Forest Service management. The second mitigating factor is that once these parcels leave Federal ownership, they are still subject to the same protections provided by - 47 -

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Section 404 of the Clean Water Act. So even though completion of this exchange would result in a net loss of about 5.79 acres of wetlands to Federal management, the local protections make it consistent with the intent of Executive Order 11990. Executive Order 11988 requires that Federal agencies provide leadership and take action to reduce the risk of flood loss, to minimize the impacts of floods on human safety, health and welfare, and to restore and preserve the natural and beneficial values served by floodplains. The Federal parcels contain approximately 2.54 acres of floodplain while the non-Federal parcel contains 4.88 acres of floodplain. Completion of this exchange would result in a net gain of 2.34 acres of floodplain to Federal management. The floodplain being conveyed with the Federal parcel (Claimjumper) would be managed as open space by the Town of Breckenridge. This management scenario would preclude development in the floodplain. Since the proposed land exchange results in a net increase in floodplain to Federal management, and the floodplain being disposed is protected by local land use overlays, this exchange would be consistent with the intent of Executive Order 11988.

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5 LIST OF PREPARERS &/OR CONSULTATION AND COORDINATION The Forest Service consulted the following individuals, Federal, state and local agencies, tribes and non-Forest Service persons during the development of this environmental assessment: FOREST SERVICE INTERDISCIPLINARY TEAM MEMBERS: ID Team leader Paul Semmer Acting District Ranger Scott Ludwig Fisheries Biologist Brian Healy Forest Hydrologist Mark R. Weinhold Wildlife Biologist Vernon Phinney Biological Technician Matt Grove Recreation Forester Ken Waugh NEPA Cooordinator Peech Keller Archaeologist Andrea Brogan

FEDERAL, STATE, AND LOCAL AGENCIES: Colorado State Historic Preservation Office Colorado Division of Wildlife United States Fish and Wildlife Service United States Environmental Protection Agency United States Army Corp of Engineers United States Bureau of Land Management Town of Breckenridge Summit County Government

TRIBES: Ute Indian Tribe Southern Ute Indian Tribe Ute Mountain Ute Tribe

OTHERS: Claffey Ecological Consulting Western Land Group Colorado Division of Wildlife

Mike Claffey, Ecologist Adam Poe, Todd Robertson Lyle H. Sidener, Area Manager

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REFERENCES Black Gore TMDL Workgroup. 2007. Black Gore Creek total maximum daily load (TMDL) for sediment. B. D. Healy, chair. Draft submitted to the Colorado Department of Public Health and Environment, Water Quality Division. May 6, 2007. Claffey, M. 2002a. Wildlife Impact report for the Chihuahua Land Exchange with emphasis on the Forest Service Exchange parcel at Keystone. Claffey Ecological Consulting, Inc. Fruita, CO. 21 pp. Claffey, M. 2002b. Wetland delineation report for the Chihuahua Parcel, Summit County, Colorado. Claffey Ecological Consulting, Inc. Fruita, CO. 8 pp. Claffey, M. 2002c. Wetland delineation report for the for the Forest Service exchange parcel at Keystone. Claffey Ecological Consulting, Inc. Fruita, CO. 7 pp. Coleman, M. A., and K. D. Fausch. 2006. Causes of recruitment bottlenecks in translocated cutthroat trout populations: investigation of low temperature effects. Final report to Colorado Division of Wildlife et al. Department of Fishery and Wildlife Biology, Colorado State University, Fort Collins, Colorado. 136 pages. Corps of Engineers Environmental Laboratory. 1987. Corps of Engineers Wetland Delineation Manual. Technical Report Y-87-1. Waterways Experiment Station, Vicksburg, Mississippi. Ewert, J. Personal communication. Colorado Division of Wildlife, Area 9 Aquatic Biologist. Northwest Region, Hot Sulfur Springs, Colorado. Federal Emergency Management Agency. 1987. Flood Insurance Rate Maps for Summit County, Colorado and Unincorporated Areas. Community Panel Numbers 080290 0192C, 0137C, and 0145C. Washington, D.C. Fitzgerald, J.P., C.A. Meaney, and D.M. Armstrong. 1994. Mammals of Colorado. Denver Mus. Nat. Hist. and Univ. Press of Colorado. Niwot, CO. 467 pp. Grove, M. 2008(a). Aquatic Species Biological Evaluation for the Snake River Land Exchange. Dillon Ranger District, White River National Forest, Summit County, Colorado. Grove, M. 2008(b). Snake River Land Exchange Specialists Report – Fisheries Resource and Aquatic Management Indicator Species. Dillon Ranger District, White River National Forest, Summit County, Colorado. Grove, M. 2008 Healy, B. D. 2005. Piney Timber Sale, Specialist’s Report: Fisheries Resource and Aquatic Management Indicator Species. Holy Cross Ranger District, White River National Forest, Minturn, Colorado. - 50 -

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Hammerson, G. A., 1986. Amphibians and Reptiles in Colorado. Denver, CO: Colorado Division of Wildlife. Pages 40-41. Healy, B. D. 2004. Selection of macroinvertebrate metrics to assess stream health. Holy Cross Ranger District, White River National Forest, Minturn, Colorado. April 20, 2004. 12 pages. Healy, B. D. 2006 Development of and index of sedimentation using macroinvertebrate communities, for streams on the White River National Forest. Unpublished report. Holy Cross Ranger District, White River National Forest. Minturn, Colorado. Holland-Sears, A., and C. L. Hirsch. 2005. Upper Eagle River watershed assessment. Holy Cross Ranger District, White River National Forest. Minturn, Colorado. Horstman, G. P., 2002. Boreal Toad Habitat Analysis and Population Inventory for Chihuahua Townsite Parcel and Keystone Federal Exchange Parcel. Report prepared for Claffey Ecological Consulting, Inc. Fruita, CO. 3 pages. Keinath, D. and McGee, M., 2005. Boreal Toad (Bufo boreas boreas) A Technical Conservation Assessment. Prepared for the USDA Forest Service, Rocky Mountain Region, Species Conservation Project. 70 pages. Lambert, Brad – Colorado Natural Heritage Program, Colorado State University, Ft. Collins, CO. Livo, L. J., 1995. Identification Guide to Montane Amphibians of the Southern Rocky Mountains. Prepared for the Colorado Division of Wildlife. Pages 6-7, 10-11. Personal Communication, Brad Lambert – Colorado Natural Heritage Program, Colorado State University, Ft. Collins, CO. Pfister, A.R. 2004. July 1 letter to Rick Cables, U.S. Forest Service Regional Forester reauthorizing the Canada Lynx Consultation Agreement between the Colorado USFWS and the USFS for use with updated Colorado Lynx Project Decision Screens. U.S. Fish and Wildlife Service. Ecological Services, Grand Junction, CO. Phinney, V. 2008. Biological Evaluation for Sensitive Species Snake River Land Exchange, Summit County, CO. Dillon Ranger District, White River National Forest, Silverthorne, CO. 32 pages Phinney, V. 2008. Biological Assessment for Threatened and Endangered Species Snake River Land Exchange, Summit County, CO. Dillon Ranger District, White River National Forest, Silverthorne, CO. 22 pages Phinney, V. 2008. Mangement Indicatory Species Report Snake River Land Exchange, Summit County, CO. Dillon Ranger District, White River National Forest, Silverthorne, CO. 13 pages

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Snake River Land Exchange

Environmental Assessment

Roberts, E. 2008. Biological Evaluation of Forest Service Sensitive Species for the Proposed Snake River Land Exchange, Dillon Ranger District, White River National Forest, Summit County, CO. 13 pages Rosgen, D. 1996. Applied river morphology. Wildland Hydrology. Pagosa Springs, species. Ruediger, B, J. Claar, S. Gniadek, B. Holt, L. Lewis, S. Mighton, B. Naney, G. Patton, T. Rinaldi, J. Trick, A. Vandehey, F. Wahl, N. Warren, D. Wenger, and A. Williamson. 2000. Canada lynx conservation assessment and strategy (2nd ed.). USDA Forest Service, USDI Fish and Wildlife Service, USDI Bureau of Land Management, and USDI National Park Service. Missoula MT. 122 pp. Shenk, Tanya, Colorado Division of Wildlife 2005. General Locations of Lynx Reintroduced to Southwest Colorado from February 4, 1999 through February 1, 2005. CDOW website. Thompson, Richard, Redner, Nancy. 1999. Biological Assessment, Biological Evaluation, Specialist Report for the Summit Land Exchange. USFS files Dillon Ranger District. 81 pp. Towry, R.K. 1984. Wildlife habitat requirements. Pages 72-209 in R.L. Hoover and D.L. Wills, eds. Managing forested lands for wildlife. Colorado Div. Wildlife in coop. with USDA Forest Service, Rocky Mtn. Reg. Denver, CO. 459 pp US Environmental Protection Agency. 1996. Biological criteria, technical guidance for streams and small rivers. EPA 822-B-001. Revised edition. EPA Office of Water. U.S. Fish and Wildlife Service and U.S. Forest Service 2001a. Programmatic consultation agreement for Canada lynx in Colorado. Colorado Field Office, Denver, CO. U.S. Fish and Wildlife Service. 2008. White River National Forest threatened, endangered, and candidate species by district 3/10/2008. Verbal update from Ecological Services, Grand Junction, CO. U.S. Fish and Wildlife Service and U.S. Forest Service. 2004. Colorado lynx project decision screens. Unpubl. Doc. dated June. Ecological Services, Colorado Field Office, Grand Junction, CO. and Region 2 Off., Lakewood, CO. U.S. Fish and Wildlife Service and National Marine Fisheries Service. 1998. Endangered species consultation handbook: procedures for conducting consultation and conference activities under section 7 of the Endangered Species Act. U.S. Fish and Wildlife Serv. and Nat’l Marine Fisheries Serv. March. USDA Forest Service Handbook 2509.2 – Watershed conservation practices handbook, zero code, Chapter 10, Chapter 20. Region 2 Amendment No. 2509.25 – 99 – 1. Effective May 5, 2006. U.S. Forest Service. 2002a. Lynx habitat parameters-White River National Forest. Unpubl. - 52 -

Snake River Land Exchange

Environmental Assessment

Forest Service document, White River National Forest, Glenwood Springs. CO. 3 pp. plus LAU spreadsheet (subject to further revision-last available update 01/29/2002). U.S. Forest Service. 2002b. Land and Resource Management Plan-2002 revision for the White River National Forest. Glenwood Springs. CO. U.S. Forest Service. 2002c. Final environmental impact statement, Volume 1, for the White River National Forest Land and Resource Management Plan 2002 revision. White River National Forest, Glenwood Springs. CO. U.S. Forest Service. 2002d. Final environmental impact statement, Volume 4, for the White River National Forest land and resource management plan 2002 revision (Biological Evaluation). White River National Forest, Glenwood Springs. CO. U.S. Forest Service. 2002e. Record of decision for the White River National Forest land and resource management plan-2002 revision. Glenwood Springs. CO. 47 pp. USDA Forest Service. 2002f. Final Environmental Impact Statement, appendix N: Biological evaluation of the land and resource management plan 2002 revision for the White River National Forest. Prepared by Crites, M.J., B.C. Johnston, and C. Hirsch. White River National Forest, Glenwood Springs. CO. 253 pp. plus appendices. U.S. Forest Service. 2003. WRNF sensitive species based on 11/03/2003 Region 2 sensitive species list, Tab 1-3. White River National Forest. Glenwood Springs. CO. U.S. Forest Service. 2005. Revised Sensitive Species List. Regional Forester’s 2670 memo to Forest Supervisors. USDA Forest Service, Rocky Mountain Region. Lakewood, CO. April 28, 2005. Vannote, R. L., G. W. Minshall, K. W. Cummins, et al. 1980. The river continuum concept. Canadian Journal of Fisheries and Aquatic Sciences 37: 130-137. Weinhold, M. 2008. Snake River Land Exchange Wetland and Floodplain Evaluation, Supervisor’s Office, Glenwood Springs, CO.

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Snake River Land Exchange

Environmental Assessment

APPENDIX A – RESPONSE TO SCOPING COMMENTS DETERMINATION OF ISSUES FROM PUBLIC SCOPING COMMENTS An issue is a point of dispute or disagreement with a Proposed Action, based on an effect that the Proposed Action would cause. The Forest Service received several comments during scoping, but not all comments are issues. The Council on Environmental Quality (CEQ) NEPA regulations require this delineation in Sec. 1501.7, “…identify and eliminate from detailed study the issues which are not significant or which have been covered by prior environmental review (Sec. 1506.3)…..” The Forest Service separated the issues into three groups: non-issues, non-key issues and key issues. Non-issues were comments that did not meet the definition of an issue provided above and in the scoping letter. Non-key issues were identified as those: 1) outside the scope of the proposed action; 2) already decided by law, regulation, Forest Plan, or other higher level decision; 3) irrelevant to the decision to be made; 4) conjectural and not supported by scientific or factual evidence; or, 5) a comment, opinion or position statement. These are noted below in the table as “Non-Key Issue - #”, with “#” corresponding to the qualifying statement mentioned above. “Key Issues” in the table are addressed in detail in the Environmental Assessment or are incorporated in the design of the Proposed Action.

Table 1. NO.

1

Determination of Issues from Public Response to Scoping

ISSUES-CONCERNS-COMMENTS

The Chihuahua site has numerous wildlife values that would be adversely impacted if developed as a town. Likewise, the Dercum Dash property is adjacent to development and would have fewer impacts to wildlife if developed. The Claimjumper parcel is surrounded by development on three sides and is appropriate for open space and development by the Town of Breckenridge. The Cucumber Wedge parcel (18 acres) has very high wildlife values. The EPA has designated Cucumber Gulch as a Wetland of National Importance, and the Wedge parcel is an important part of the Gulch. Because of the development around Cucumber Gulch, the Wedge parcel has become the primary movement corridor for big game using the Gulch. It addition it is important habitat for boreal toads. In 1998, the Division of Wildlife recommended that the Wedge parcel not be included in a land trade which would have conveyed it to private parties. The Division recognizes the Wedge parcel has been slated to be traded at some point, and so it is appropriate that it be conveyed to the Town of Breckenridge since it is within their Overlay Protection District. If possible, additional protection, such as covenants or deed restrictions, which the Town would impose on the property, would further protect this valuable parcel.

2

We are very pleased with the proposed acquisition of the Chihuahua parcel. Acquisition of this parcel would be a significant enduring benefit protecting conservation values including wildlife habitat, riparian and wetland ecosystems. The Peru Creek drainage is - 54 -

Non-Issue, Non-Key or Key Issue Non- Issue, agreement

Key Issue

Key Issue

Non- Issue,

Snake River Land Exchange

Environmental Assessment

an important winter and summer recreational area as well.

2 (cont)

3

4

We have concerns about the long term protection of the Cucumber Gulch parcel which includes the boreal toad habitat, wetlands and riparian complex. The town of Breckenridge regulations protect the area currently. However, because future town governments could change that protection, we would like to see additional language in the exchange document requiring long term safeguards for that important wetland in perpetuity. One of our concerns is the long term protection of the Wedge parcel to be traded to the Town of Breckenridge. As we all know, governments can change their minds about use and disposal of properties they own. What kind of permanent protection is the Town offering or the USFS requiring for this parcel? Important community open space and natural resource values will be protected by this exchange. We believe that the exchange offers a win-win for the people of Summit County. The preservation of the Chihuahua townsite is a high priority. Preventing future development of this privately held parcel high in the Peru Creek drainage is critical. The conveyance of federal land to the Town of Breckenridge will also promote the protection of natural resources. The Wedge parcel is especially critical to the protection of wildlife movement corridors and habitat, including habitat for the boreal toad. However, of concern is the permanence of the protection of The Wedge parcel. Municipalities can change their mind about use and/or conveyance of properties they own, depending on political will. We hope that the Forest Service will look closely at the Town's Protective Management Area for the Cucumber Creek drainage to ensure that it provides permanent protection of this vitally important parcel. If additional protection measures are warranted, we hope that the Forest Service will require a deed or other form of permanent preservation, such as a conservation easement.

5

6

7

Key Issue

Key Issue

Non- Issue, agreement

Non- Issue, agreement

Key Issue

Arrangements have not yet been made to replace the Private Road Easement and the buried utility line Special Use Permit on Parcel 2. Until those issues are resolved, the transfer should not be completed.

Non-Key Issue - 2

There is an unpatented mining claim over portions of the Claimjumper Property. Until the rights with respect to the unpatented mining claim are resolved, the exchange should not be completed.

Non-Key Issue - 2

There are negotiations underway with the Town of Breckenridge with respect to easements on portions of the Claimjumper Property and the Cucumber Gulch Wedge Property. The exchange should not be completed until such time as agreements can be reached with the Town of Breckenridge with respect to the future and long term rights, uses, easements and ownership of and to those properties. We are owners at the Redhawk Townhomes at River Run. The article in the Summit News today is the first I have seen concerning the “Dercum Dash” property east of the River Run Gondola and its possible exchange with the US Forest Service so that a private residential development may be undertaken. Can you advise me where I can see a plan of the location of the proposed exchange property known as Dercum Dash. As the neighbor to the north that adjoins the Wedge parcel, we do not have a problem with the proposed land swap that includes the Dercum Dash parcel in Keystone, and the Claimjumper and the Wedge parcels near the town of Breckenridge, so long as access to nordic trails and public access of trails on the Wedge parcel be continued. The Town of Breckenridge or any other party that assumes control of the Wedge parcel may choose to try and block access at some future point, while the U.S. Forest Service has allowed access in the past. Should the U.S. Forest Service trade the Wedge parcel, it must do so with easements in place to maintain the existence of these trails. If the U.S. Forest Service does not plan on protecting current access, we would have no choice but to utilize legal action to block this proposed land swap. Please advise of your intent, so we may act accordingly.

8

agreement

We do not need any more development in Summit County. The land needs to reclaimed! The US Forest is selling and trading way to much of our land to developers. We need to restore our land! It is time you start taking the land back and keeping it out of the GREEDY developers’ hands. - 55 -

Non-Key Issue - 2

Non- Issue

Non-Key Issue - 2

Non-Key Issue - 2

Non-Key Issue - 5

Snake River Land Exchange

9

10

Environmental Assessment

Chihuahua is used heavily by the public and deserves to be acquired by the Forest Service. Dercum Dash is not used by the public. Keystone area needs additional land for single family residences and Dercum Dash is an acceptable place for it With our forests in drastic need of financial resources, money being cut at every turn, fees being demanded for services and maintenance, it was with great dismay that I read that the forest service has decided to do a land exchange for the Dercum’s Dash property in return for the Chihuahua Gulch property. Even more alarming is that in appearance it is being presented as a philanthropic gesture to give this pristine and lovely property (Chihuahua Gulch) to the people of Summit County. The Dercum’s Dash property is, conservatively, worth tens of millions of dollars, being located at the base of Keystone Mountain. Chihuahua Gulch’s potential for development is highly questionable and is literally in the middle of nowhere – but has been valued as a town with over 200 lots that are developable. I question the reasoning behind these appraisals and question their legitimacy. My second point regards the intent of the developers. They found a town site and obtained ownership through legal maneuvers, (there is no documentation of money exchanging hands in the county records). At the same time they began pursuing ways to be allowed to develop the Dercum’s Dash parcel of forest service land. Although their dealings may have been legal, the ethical nature is highly questionable. This is evidenced by the fact that legislation has been passed to wipe out these abandoned town sites so this legal maneuvering will not be rewarded in the future. I say, do not allow this legal maneuvering to be rewarded now. The true value of the Dercum’s Dash parcel is forest service land that belongs to all of us. The developers are obtaining the rights to the land at minimal outlay and will make millions at the expense of the people.

11

The Chihuahua Townsite is a historical resource. In addition, the Chihuahua Townsite contains environmental constraints (wetlands associated with the Peru Creek drainage) as well as significant summer and winter trails for recreational opportunities per the Snake River Master Plan. The National Forest parcels to be exchanged for the Chihuahua Townsite properties are adjacent to private lands include the Dercum Dash property as well as the Claimjumper parcel and the Cucumber Gulch Wedge property. The proposed developments associated with these properties include lands set aside for undeveloped open space adjacent to the Town of Breckenridge’s Cucumber Gulch Preserve and attainable housing as an extension of the adjacent Pinewood housing development. The proposed land exchange would do much to achieve some of the community goals established in the Countywide Comprehensive Plan (“CWCP”), the Snake River Master Plan (“SRMP”), and the Joint Upper Blue Master Plan (“JUBMP”)

12

We are happy to see the Forest Service propose an exchange that would bring the land known as the Chihuahua Townsite into federal ownership. This land is used regularly by the public for various forms of recreation, including cross-country skiing, snowshoeing; bicycling, hiking, and camping. If it were developed for private residences, it could severely disrupt this recreation by, e. g., requiring snow plowing of the Peru Creek Road in winter for access. The land in question also has important ecological values such as wetlands, floodplains, riparian ecosystems, and wildlife habitat, as noted at SL p. 2. It could also be part of a lynx migration corridor. We note, though, that the northern extension of this private land along Chihuahua Creek is not proposed for acquisition. See map with SL showing non-federal parcel A. The land that would remain private under the proposed exchange includes the jeep road, which is used by non-motorized recreationists. Thus access to Chihuahua and Ruby Gulches could be blocked by any development on this land or at the whim of the landowner. We recommend the Forest Service acquire this land also. Federal parcel1 ("DercumDash") is close to River Run Village near the base of Keystone, development here is probably acceptable. Federal parcel 2 ("Claimjumper") is almost completely surrounded by private land adjacent to or near areas that are already developed. Thus this parcel is probably suitable for non-federal ownership. - 56 -

Non- Issue, agreement

Non-Key Issue - 2

Non-Key Issue - 2

Non-Key Issue - 5

Non-Key Issue - 5

Non- Issue

Non- Issue, agreement

Non-Issue

Key Issue

Non-Key Issue - 1

Non- Issue, agreement

Snake River Land Exchange

12 (cont)

Environmental Assessment

Part of federal parcel 3 ("Cucumber Gulch Wedge") borders Cucumber Gulch. It likely includes some of the wetlands in the Cucumber Creek area that have been found to be ecologically very valuable. A state-endangered species, and a candidate for such federal listing, boreal toad, has been known to reside in Cucumber Gulch. The parcel is also connected to a solid block of national forest land to the west. Before trading away this parcel, the Forest Service must ensure that the boreal toad habitat and the wetlands and riparian complex there would be protected under non-federal ownership. If this parcel is traded away, there must be conditions attached that require boreal toads, their habitat, and other important ecological features to be protected in perpetuity. It is possible that the Town of Breckenridge's ordinance protecting the Cucumber Gulch wetlands, if it.is still in force, would be sufficient to protect the portion of this important ecological complex that is part of the land exchange. Indeed, the SL states that both the Claimjumper and Cucumber Wedge parcels would be consolidated with other open space properties and managed as open space. SL at 2. Of course, the ordinance could be repealed in the future. Management as open space, while far preferable to development, may or may not be sufficient to protect boreal toads, given the likely frequent presence of humans. In any case, if the exchange proceeds, the Forest Service must attach conditions to the conveyance that ensure the wetland complex will be protected. The proposed land exchange involves transferring three parcels totaling 73.83 acres to the private sector in return for acquiring 42.78 acres. The three federal parcels are all very close to existing resorts, thus their value per acre is surely much higher than that for the non-federal property, which is not near any developed land or utilities. Ironically, the SL states the possibility of the Chihuahua property being more valuable than the three Federal parcels, in which case the entity owning the Chihuahua property would donate the remaining value. As we state above, it is nearly certain that the reverse is true, i. e., the federal properties would be more valuable than the non-federal one, and probably by a large margin, given their greater quantity and their proximity to existing ski resorts and thus their desirability for development, versus the more isolated, less easily developed character of the non-federal property. The Forest Service cannot proceed with the currently proposed land exchange, as it is clear the values are not equal and likely cannot be equalized via a cash payment in accordance with the regulations.

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Key Issue

Key Issue

Non-Key Issue - 2