2009-09-02_REVISION - M1998022 (4)

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A majority of the operation involves gathering and stacking rocks by hand, but heavy equipment is also used to complete the harvesting process. Equipment used on public land includes a front- end loader to move rocks into windrows and a skid steer to move pallets from harvest to staging. A backhoe may be used for reclamation work at the end of each season. No other heavy equipment, roads, structures, or surface activities will be permitted on NFS lands. Design Criteria in addition to criteria listed in the EA, my decision requires the following stipulations be added to the contract: • Hours of operation for heavy equipment will be restricted between the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday in accordance with Colorado Noise Statute 25-12- 103. • Lighter colored rocks will be stained to blend in with the existing darker rocks on the surface when visible from below. To determine when and where staining is necessary, the Forest Service will review photographs taken from established key observation points at the beginning and end of season. One-step rock staining products such as Permeon are suggested, which chemically react with the rock and sunlight to accelerate the weathering process. Rocks may be stained at the end of each season, as needed. Stain would be applied by an authorized applicator with a backpack-mounted manual sprayer under the supervision of the Forest Service and only once in a given area. • The design criteria already specify that individual trees and tree islands will be avoided and no tree cutting will be allowed without Forest Service authorization. For further clarification, if accidental loss occurs or a tree cannot be avoided, replacement will be in kind (same species) at a 2:1 ratio to ensure establishment. The Forest Service has authority to impose the above restrictions and other design criteria on NFS lands only; control over uses and activity on private land is outside the Federal government's jurisdiction. Gallegos Corporation will also need to obtain necessary permits and clearance from the State of Colorado and Gunnison County before removing any material. The state and county may impose additional requirements or restrictions. As part of its contract obligation with the Forest Service, Gallegos Corporation will need to demonstrate compliance with all applicable state and county regulations. As part of the permitting process, a reclamation bond will be put in place to the satisfaction of both the State and Forest Service. Rationale The sale of mineral materials in this proposed action meets the purpose and need of the project. As determined during the forest planning process, the primary supply of decorative rock is on public lands and public demand for building stone from the White River National Forest is high. This project helps fulfill some of that demand without having to develop entirely new access roads and other infrastructure. Furthermore, the Forest Service will be able to maintain regular control and oversight of the permitted activity by reviewing the mineral materials contract on an annual basis. Because our agency will need to conduct periodic monitoring throughout the operating season, we will be able to help observe and document compliance with State and county requirements as needed. Decision Notice and FONSI for Conger Rock Harvesting 2