2009-09-02_REVISION - M1998022 (4)

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7) Past, present and reasonable foreseeable future actions have been considered and analyzed in conjunction with the proposed action and there were no cumulative effects determined to be significant. Cumulative effects are disclosed in the EA (Chapter 3). 8) In compliance with the National Historic Preservation Act, a cultural resource inventory was completed in September 2008 and concludes that rock harvesting would result in "no historic properties affected." The Colorado State Historic Preservation Office (SHPO) has been notified. Native American Tribes were consulted on this project and no concerns were raised. 9) In compliance with the Endangered Species Act, a Biological Assessment (BA) was prepared. The BA determined that rock harvesting would have "no effect" to federally listed fish or contribute to downstream water depletions and would have "no effect" to Canada lynx or its critical habitat. No other federally endangered or threatened species are known or have potential to occur in the area. 10) This action does not violate other Federal, State, or local laws or requirements designed for the protection of the environment. Other applicable laws and regulations were reviewed and considered in the EA and are summarized hereafter. Findings Required by Other Laws Mineral Materials Act of 1947, as amended: This law grants the Forest Service authority for the disposal of mineral materials. Forest Service policy (36 CFR 228, Subpart C) is to make mineral materials on NFS lands available to the public and other entities where reasonable protection of, or mitigation of effects on, other resources in assured, and where removal is not prohibited. National Forest Management Act (NFMA) of 1976, as amended: This project, and associated design criteria, complies with White River National Forest Plan standards and guidelines and management area direction applicable to the project area. Clean Water Act of 1972, as amended. Silt fences required by the design criteria will further limit the extremely low potential for sediment to enter the Crystal River. Clean Air Act of 1970, as amended: Incidental fugitive dust created by traffic to and from the rock harvest operation will not exceed air quality standards for particulate matter. Executive Order 12898 (environmental justice): No low-income or minority populations would be adversely or disproportionately affected by the project. Administrative Review or Appeal Opportunities Individuals or organizations who submitted comments during the comment period specified at 215.6 may appeal this decision. The notice of appeal must meet the appeal content requirements at 36 CFR 215.14. The appeal must be filed (regular mail, fax, email, hand-delivery, or express delivery) with the Appeal Deciding Officer at: USDA Forest Service, Rocky Mountain Region, 740 Simms, Golden. CO 80401; FAX: (303) 275-5154. Decision Notice and FONSI for Conger Rock Harvesting