07-05-2011 MEMO RE USFS White River Travel Mgmt Plan Appeal No. 11-02-00-0044(215)Appeal Number: 11 -02 -00 -0044 (215)
Appellant: Rich Carroll, Town of Avon
Date Received: June 20, 2011
Decision: White River Travel Management Plan
Decision Maker: Forest Supervisor, Scott Fitzwilliams, White River National Forest
Negotiated Resolution: July 5, 2011
Town of Avon representatives and the White River National Forest officials through
informal disposition agree:
• That the Town of Avon and the White River National Forest would seek to
develop a Memorandum of Understanding (MOU) to address issues associated
with FSR 7 -779 (Metcalf Creek Road). This includes a commitment from the
Town of Avon to address in the near term resource issues associated with parking
and access to FSR 7 -779.1 on Town of Avon lands; and in partnership with the
Forest Service address long -term resource and social issues associated with the
alignment and uses of this road.
• That based on the above commitment the White River National Forest would
revise the decision to allow FSR 7 -779 (Metcalf Creek Road) to remain open to
licensed motor vehicles, bicycles, horse, and foot traffic.
• The Town of Avon would withdraw the appeal.
• Recognize the Forest Service reserves the right to decommission FSR 7 -779 if the
Town is unable to accomplish needed work on Town land in a reasonable
timeframe, if agreement cannot be reached on the specifics of the MOU, or if
specific actions identified in the MOU are not accomplished within a reasonable
timeframe.
Forest Supervisor Scott Fitzwilliams commits:
To work with the Town of Avon to develop a Memorandum of Understanding (MOU) to
address issues associated with FSR 7 -779 (Metcalf Creek Road). That based on the
commitment from both parties I will revise the decision to allow FSR 7 -779 (Metcalf
Creek Road) to remain open to licensed motor vehicles, bicycles, horse, and foot traffic.
Appellant Rich Carroll on behalf of the Town of Avon commits:
To work with the White River National Forest to develop a Memorandum of
Understanding (MOU) to address issues associated with FSR 7 -779 (Metcalf Creek
Road). Based on the commitment by the Forest Service stated above, I withdraw my
appeal of the White River National Forest Travel Management Plan in its entirety.
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5l l
SCOTT FITZW LT MS Date
Forest Supervise , ite River National Forest
Rich Carroll Date
Town of Avon
• MEMORANDUM
To: Honorable Mayor and Town Council
From: Sally Vecchio, Asst. Town Mgr /Community Development
Thru: Larry Brooks, Town Manager
Date: June 24 2011
RE: USFS Management Plan Appeal — Staff Update
At its previous two meetings, the Town Council discussed and hear public comment on the
decision by the United States Forest Service (USFS) to decommission certain trails in the White
River National Forest (WRNF). The discussion focused specifically on the closure of USFS
Route #7- 779.1, which is accessed from Wildridge Rd East. At the direction of Council, staff
prepared and submitted an appeal of this decision to the Regional Forester in Golden, Colorado
on June 201h
The Town's appeal requests that the USFS decision be remanded to the local WRNF office to
examine the town's comments and the recreational value of this route to the citizens of Avon.
The appeal also included several options for the USFS to consider when reconsidering this route
for motorized use, including:
• a. Access improvements to the road connecting Wildridge Road East to the USFS
boundary, including drainage improvements, will be completed by TOA to the local district's
satisfaction in the 2011 calendar year.
b. Gate will be installed at Wildridge Road East by the TOA in order to restrict vehicle
access during wet months, as recommended by the USFS.
The complete appeals document is attached. Since the Town offered to negotiate the decision
for #7- 779.1, Rich, Dave, and Larry are meeting on Monday, June 27`h with the USFS to discuss
the points of the appeal to try to reach resolution prior to the Regional Office handling the
appeal. If resolution is met at the local level, the Town's appeal will be looked at favorably by
the Regional Office and the decision for this road will likely get remanded back to the local
forest office.
•
APPEAL TO REGIONAL FORESTER •
WHITE RIVER NATIONAL FOREST
UNITED STATES DEPARTMENT OF AGRIGULTURE
FOREST SERVICE
In the Matter of the March 17, 2011 Decision of Forest Supervisor Scott G. Fitzwilliams
Of the White River National Forest
Regarding the White River National Forest Travel Management Plan Record of Decision
NOTICE OF APPEAL
PURSUANT TO 36 CFR PART 219.35, APPENDIX A
BY THE TOWN OF AVON, COLORADO •
•
Pagel
• I. Introduction
The Town of Avon (TOA), a Home Rule Municipality in Eagle County, Colorado respectfully
appeals the March 17, 2011 Record of Decision (ROD) signed by White River National Forest
Supervisor Scott G. Fitzwilliams, pursuant to 36 CFR Part 219.35. The TOA would like to
acknowledge, and are greatly appreciative of, the Forest Service's efforts to develop a comprehensive
White River National Forest (WRNF) Travel Management Plan (TMP) to balance the extremely
diverse interests of the public with critical environment concerns. However, we appeal the decision
due to reasons we feel were either overlooked or not addressed in the Final Environmental Impact
Statement (FEIS) and corresponding ROD.
II. Argument
Failure to Respond to Draft Environment Impact Statement (DEIS) Comment and Inadequate
Range of Alternatives for USFS Route #7 -779.1
On October 24, 2006 TOA submitted detailed comments based on open house and public input
meetings on August 8, 2006 and October 24, 2006, to the United State Forest Service (USFS)
regarding the agency's then Draft WRNF TMP. That comment letter addresses specific trail
designations and alternatives organized under the following areas: (1) Route Number, (2) Specific
Comments on Draft WRNF TMP, and (3) Suggestions for the Proposed Alternatives (if applicable).
With the agency's release of the FEIS, most of our comments were noted, addressed and analyzed.
• However, while the organizational structure of the FEIS made it difficult to determine whether
specific public comments were addressed, we determined that one of the most valued routes to the
citizens of TOA was not addressed by the agency. No range of alternatives for this trail was
contemplated. Below is the specific comment from the TOA's Draft WRNF TMP resolution
(Resolution #06 -41) signed by the Mayor of the TOA that was overlooked by the agency:
The TOA values the continued mixed use for Metcalf Creek Road ( #7- 779.1), and opposes the
decommissioning of said route proposed in Alternative E.
Nowhere in the FEIS is there any indication that the USFS internalized and analyzed the comment on
Route #7 -779.1 to explore other mechanized or non - motorized use. Based on review of the
"Response to Comments" from the WRNF TMP, Supplemental Draft EIS, dated March 17, 2011, the
comment was addressed by the agency with the following:
"Alternative G proposes to close and decommission this road. At the current time there are
three roads (Berry Creek, June Creek, and Metcalf Creek) less than two miles apart that
access the same road system on Red & White Mountain. Both the Berry Creek and Metcalf
Creek roads are proposed for decommissioning as they are unsustainable. The Metcalf
Creek Road is very steep and when wet is nearly impassible. As a result, the road is several
lanes wide in several spots from the public driving in the grass when the road surface is wet.
Near the top, the road is so narrow that it is almost impossible to navigate in a full-size
vehicle. In the past, the Forest Service has received complaints from Wildridge homeowners
• over mud -flows coming down the road and heavy rains and the sediment being deposited in
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their yards. Therefore the final alternative will not be modified to no [sic] decommission •
this" WRNF TMP, Supplemental Draft EIS, March 17, 2011, at Eagle/Holy Cross -12.
It would appear that the primary reason for decommissioning #7 -779.1 is due to sustainability
concerns, ecological concerns voiced from Wildridge neighbors with regards to mud -flows into the
adjacent public street, and proximity to other routes. There is no indication as to the recreational
value of this route, or the fact that it is the only legal USFS road between Avon and Vail to the east.
TOA finds the reported complaint(s) voiced by Wildridge neighbors, which partially formed the basis
for decommissioning #7- 779.1, out of the scope of review by the USFS due to the fact that the
intermittent drainage and debris flow issues stem from TOA owned and managed property. The non -
paved road accessing #7- 779.1, to which the undocumented complaint(s) partially formed the basis
for the decommissioning of #7 -779.1 is out of the scope of USFS review due to these erosion issues
stemming from non -USFS land.
When designating motorized routes in National Forest lands, the Travel Rule (36 C.F.R. parts 212,
251, 261, and 295) requires a balanced consideration to resource protection, recreational needs,
safety, and other pertinent issues.
As the adjacent property owner who provides direct access from Wildridge Road East to trail #7-
779.1 via the 5.7 acre tract of open space (Tract I), the TOA is willing to discuss improvements and
maintenance to its open space property connecting to the USFS access point. It is important to view
the ROD on this particular road in light of the TOA's recent commitment to both maintain and
provide additional management opportunities to this area. The commitment is evidenced by the 2011 •
budgetary commitment to improve drainage and access within Tract I.
The TOA's concern is not merely procedural. Rather, we worry that the agency has prematurely
precluded an adequate range of alternatives from being considered for this specific route. Because
the alternatives analysis is the "heart" of NEPA, the agency must study all alternatives that appear
reasonable and appropriate, and must also look into other alternatives called to its attention by the
public during the comment period.
III. Request for Relief
TOA respectfully requests that the ROD be remanded to the WRNF local office to analyze #7- 779.1,
to examine our comment and the recreational value of this route in further detail. This includes the
possibility that this route could be changed to reflect the additional information. TOA urges the
USFS to consider #7 -779.1 as a system route, including the possibility of motorized use, according to
a combination of the following options and comments:
a. Access improvements to the road connecting Wildridge Road East to the USFS
boundary, including drainage improvements, will be completed by TOA to the local district's
satisfaction in the 2011 calendar year.
b. Gate will be installed at Wildridge Road East by the TOA in order to restrict vehicle
access during wet months, as recommended by the USFS.
E
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• C. Route will remain open due to the direct access it provides to fire response personal in the
instance of wild land forest fires, and/or local fire mitigation efforts. We believe this principle is
even more relevant given forest health issues and the Pine Beetle impacts to our region.
d. Strong public support for #7 -779.1 has been expressed by area residents to the TOA
Council since the ROD was published.
e. We are concerned that decommissioning too many forest system routes may result in
disregard for trail rules for the forest and more prevalent and widespread environmental damage
to the ecosystem. With that in mind, please know that TOA will cooperate fully to achieve your
final determination on this trail that runs on both USFS and TOA property.
IV. Conclusion
TOA wishes to reiterate our support of the Forest Service's overall White River National Forest
Travel Management Plan. Given the complexity of the issues and time and resources committed to
this document, we believe that its overall quality should be highlighted and commended. For the
reasons stated above, TOA respectfully requests the Forest Service appeal Reviewing Officer to make
the specific change sought in this appeal.
Respectfully submitted this 20''' day of June, 2011.
Sincerely,
-��F
•
Rich Carroll
Mayor
AVON
C 01.0 k A 00
Town of Avon
PO Box 975
Avon, CO 81620
(970)748.4000
•
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