heavenly mountain resort 2010 capital projects...

HEAVENLY MOUNTAIN RESORT

2010 CAPITAL PROJECTS

ENVIRONMENTAL ASSESSMENT

Decision Notice and Finding of No Signifi cant Impact

MAY 2010

USDA FOREST SERVICELAKE TAHOE BASIN MANAGEMENT UNIT

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Heavenly Mountain Resort 2010 Capital Projects Decision Notice/FONSI

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Decision Notice and

Finding of No Significant Impact Heavenly Mountain Resort

2010 Capital Projects

US Forest Service Lake Tahoe Basin Management Unit

El Dorado and Alpine Counties, California Douglas County, Nevada

BACKGROUND

The U.S. Forest Service Lake Tahoe Basin Management Unit (LTBMU) administers 7,050 acres

of National Forest System (NFS) lands under a 40-year ski area special use permit (SUP) to

Heavenly Valley Limited, Partnership (Heavenly). Per the LTBMU’s 1988 Forest Plan (as

amended), the Heavenly SUP area is in the Heavenly Valley Management Area, which has a

management emphasis on ―Alpine skiing.‖ Forest-wide and Management Area standards and

guidelines provide the management direction for projects and programs across the Forest.1

In August 2009, the Forest Service accepted a proposal from Heavenly for the 2010 Capital

Projects, the components of which are located on NFS lands within the resort’s SUP area. Upon

receipt of the project proposal, the LTBMU conducted a Forest Plan consistency review based on

Forest-wide and Heavenly Valley Management Area standards and guidelines (Project Record

Document 10). Based on that analysis, the proposal was developed to be fully consistent with the

1988 Forest Plan (as amended).

The 2010 Capital Projects were included in Heavenly’s 2005 Master Plan and programmatically

analyzed in a Final Environmental Impact Statement (FEIS) that was completed in 2007. The

2007 FEIS programmatically analyzed the Master Plan Amendment which included the 2010

Capital Projects; however, these projects required site-specific analysis and approval prior to

implementation. Therefore, an Environmental Assessment (EA) was prepared in January 2010 to

provide the required level of site-specific analysis to support a decision.

DECISION AND RATIONALE

It is my decision to select Alternative 2—the Proposed Action—as described in Chapter 2 of the

EA – and as summarized in this Decision Notice. My decision is based on, and supported by, the

1 USFS LTBMU 1998 Forest Plan


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analysis and determinations presented in the EA as well as the supporting documentation

contained in the Project Record.2 The EA fulfills the requirements of NEPA at the site-specific

level. These projects are consistent with the LTBMU’s 1988 Forest Plan (as amended). My

rationale for selecting Alternative 2 is discussed in the following paragraphs.

As a special use permittee, Heavenly provides a valuable public recreational opportunity on NFS

lands that is enjoyed by, on average, between 800,000–1,000,000 people annually, including a

large number of non-skiing sightseers. Given that this amount of use is concentrated within the

7,050-acre Heavenly SUP area (approximately 4,800 acres of which are actually used), we

support the opportunities that Heavenly provides, and concur with Heavenly’s intention to

address improvements across its SUP area through thoughtful planning and minimization of

resource impacts.

All of the projects in this decision are within portions of the SUP area that have been developed;

i.e., the top of the Gondola, California Trail, Snow Beach, and the Galaxy pod. The projects

incorporate design features that will enable Heavenly to enhance the existing recreation

opportunity with minimal resource impacts (See EA Table 2-2 – Summary of Environmental

Consequences by Alternative, or Chapter 3 resource determinations). As an example, the

location of the trails in the Galaxy pod were modified from the alignment (approximately 200

feet) described in the 2007 MPA to avoid impacting cultural resources. Required project design

features and best management practices for each resource/approved project are listed in

Attachment A.

My decision acknowledges that, given Heavenly’s size and position in the Lake Tahoe skiing

market, opportunities for on-mountain guest services can be improved at the top of the Gondola.

The top of the Gondola is Heavenly’s predominant destination access point—roughly 40 percent

of skiers and riders, and all summer guests, access the mountain from the Gondola. Beginner-

level guests and sightseers must download the Gondola for access to indoor food services at the

base of the Gondola (EA pages 1-4 and 3-10/11). The Gondola Lodge will improve the

recreation experience by providing a convenient and strategically located on-mountain guest

service.

My decision modifies the Lodge location as proposed in the MPA 07. The location I am

approving was selected based on its ability to:

be located at the center of all activities at the top of the Gondola area including the

Tamarack lift, Big Easy lift, Tubing lift, Heavenly Flyer, Ski School and Adventure Peak;

accommodate existing skier/rider (winter) and pedestrian (summer) circulation patterns;

2 The Project Record is on file at the Lake Tahoe Basin Management Unit Supervisor’s Office.


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operate and maintain the facility throughout the year (e.g., accommodate snow grooming

throughout the top of the Gondola area, allow food and beverage deliveries out of the

public views);

maximize views from the dining area toward the south;

facilitate interaction with nearby ski school and tubing activities;

make use of existing underground utilities; and

minimize tree removal (compared to the ―Von Schmidt’s Lodge‖ [MPA 07] location).

I have also used the USFS Built Environment Image Guide (BEIG) in considering the Gondola

Lodge. The Gondola Lodge building and exterior are consistent with the BEIG and other

approved structures across the SUP area. The roof slope (3:12) is not consistent with the BEIG

direction to utilize steep roofs (from 6:12 to 12:12). However, in order to shed snow to the rear

of the structure and not to the front where it could cause a safety concern for guests, I have

accepted this deviation.

I have also considered Tahoe Regional Planning Agency (TRPA) regulation of In-Basin portions

of Heavenly’s 2010 Capital Improvement Projects; the Gondola Lodge and new delivery road,

relocation of the Magic Carpet and maintenance road, removal of the Umbrella Bar and

temporary restroom modular facility, and implementation of the Easy Street Run Hazard

Reduction Prescription (Easy Street Run HR Prescription). In-Basin portions of Heavenly

(including NFS lands) are regulated by the TRPA Land Coverage Standards which regulate the

amount of land coverage within the Region. This is discussed in Section 3F of the EA.

Under Alternative 2, only the new in-Basin impacts are subject to TRPA review for land

coverage analysis. The relocated Magic Carpet would occur within an existing developed area,

and therefore does not represent new impacts. Similarly, the California Trail is an existing

feature and the implementation of the Easy Street Run HR Prescription would not increase the

area of the trail. The Gondola Lodge and Umbrella Bar have been located within an existing

disturbed area to the greatest extent possible. All In-Basin improvements will utilize legally

banked land coverage that was field verified in 2005 by TRPA.

As Heavenly has developed engineering plans for the Gondola Lodge and moved closer to final

design, there have been some modifications due to building code requirements and TRPA permit

requirements. These modifications are depicted in the following table.


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Updated Lodge Project Information

PROJECT COMPONENT Draft Design Final Design

Lodge 14,750 sq. ft. 14,965 sq. ft.

Patio 4,320 sq. ft. 5,264 sq. ft.

Number of Seats ~488 ~484

New Delivery Road to the Lodge ~300 ft. ~500 ft.

Relocation of the Summer Maintenance Road ~300 ft. ~460 ft.

Maximum Height of the Gondola Lodge 39 ft. 38 ft. 6 in.

In conjunction with construction of the Gondola Lodge the following actions would occur: the

magic carpet lift, temporary restroom facility and associated utilities, Umbrella Bar and utility

boxes would be relocated; and a slope retained by large boulders and rocks would be constructed

on the west side of the Lodge (using dirt and rock material removed for Lodge construction to

level the area in front of the Tamarack Express chairlift).

My decision to relocate the Umbrella Bar from the top of the Gondola to Snow Beach once the

Gondola Lodge becomes operational is a practical and economical way for Heavenly to make

use of an existing facility to further address the lack of on-mountain guest services (EA page

1-5). The existing facility will be improved to visually blend in with the Umbrella Bar as well as

to be consistent in their exterior design with other approved structures in the SUP area. The

Snow Beach facility and graphics will be repainted a natural earth-tone and additional exterior

adornments will be removed.

My decision to implement the Easy Street Run HR Prescription on California Trail will make

snowmaking more efficient by reducing water and energy use in the early season while still

protecting populations of Tahoe Draba (See Attachment A – Project Design Features and Best

Management Practices, Vegetation Resources Section).

Finally, my decision to replace and upgrade the Galaxy lift, as well as construction of new trails

and underground snowmaking on existing and new trails in the Galaxy pod, will enhance this

underutilized portion of the resort. In particular, skier/rider circulation between the Stagecoach

pod and the Galaxy pod will be improved (EA pages 3-13 through 3-16). My decision to provide

snowmaking in the Galaxy pod is consistent with the MPA 07 and will improve the skier/rider

experience in this portion of the resort. Snowmaking will improve consistency of the terrain and

allow Heavenly to open this pod earlier in the season which will improve skier/rider distribution

(refer EA, pp. 3-13/14). My decision slightly re-aligns the new trails (U3, U4, 14, and 15) in the

Galaxy pod from those shown in the MPA 07 in order to avoid cultural resources.


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Based on the analysis presented in the EA and the following Finding of No Significant Impact

(FONSI), I have determined that implementation of Alternative 2 will not be significant in

context or intensity and does not require analysis in an Environmental Impact Statement.

ALTERNATIVES CONSIDERED

The following is a summary of the alternatives considered. For a complete description of

alternatives see the EA, Chapter 2, pages 2-1 thru 2-8.

Alternative 1 – No Action

The No Action Alternative provides a baseline for comparing the effects of the Alternative 2.

The No Action Alternative reflects a continuation of existing management practices without

changes, additions, or upgrades. As such, no new trails, infrastructure, facilities, or snowmaking

lines would be implemented as a result of the No Action Alternative.

Alternative 2 – the Proposed Action

Alternative 2 was designed to accomplish Heavenly’s objectives of improving existing facilities

and infrastructure for more efficient and enjoyable use by the recreating public. Alternative 2

includes the following components:

Gondola Lodge

Alternative 2 includes constructing a new day lodge approximately 400 feet north of the top

terminal of the Gondola.

The Gondola Lodge is designed to improve guest services in a critical location for Heavenly’s

winter and summer operations.

The Lodge would be a single-story building providing self-service dining, a small bar, open

seating and restrooms. The footprint of the building is 14,965 square feet. Indoor seating

capacity would be approximately 484 seats. A 5,624-square foot concrete patio, located on the

south side of the Lodge facing Adventure Peak, would accommodate tables and chairs for

outside dining as weather permits.

The Gondola Lodge would be set back into a hill, on the perimeter of Von Schmidt’s Flats, to

optimize skier/rider circulation. During construction, the building site would be leveled. The

western end of the site would be excavated so that it is the same elevation as the east end of the

site. The resulting retained slope behind the western side of the Lodge would be a maximum of

approximately 33 feet high and 75 feet long with a 1.5:1 slope. Spoils from the excavation would

be used to level the area in front of the Tamarack Express chairlift to reduce the amount of

snowmaking needed in the winter, and to level out the old snow tubing area.


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Because an existing summer maintenance road crosses the lodge site, an approximate 200-foot

segment of the road would be relocated further north and east nearer to the existing handle tow

lift (Red Fir lift) and approximately 260 feet would be re-aligned in front of the Lodge.

Alternative 2 includes constructing a new delivery road, approximately 500 feet long, from the

existing maintenance road to the rear of the Lodge for service and delivery purposes. Other than

the delivery spur, no new roads would be needed for Lodge construction or operations.

The Gondola Lodge would be open in the summer to support the Adventure Peak activities. The

existing barbecue at Adventure Peak adjacent to the top of the gondola would remain, however,

the kitchen building, temporary restrooms and Umbrella Bar would be removed and the

Umbrella Bar would be relocated, and those areas would be restored. These facilities will be

improved to blend in with each other visually as well as being consistent in their exterior design

with other approved structures in the SUP area.

The design of the Gondola Lodge would be consistent with applicable provisions of the Forest

Service’s Built Environment Image Guide (BEIG).3 The Lodge design and operation would be

LEED certified for environmental efficiency and sustainability. It would be a single-story

building with a simple shed roof (3:12 pitch) that slopes from front to back in order to take

advantage of existing views. The maximum height of the building would be 38.5 feet. This

structure would be similar in design to the existing Gondola mid-station restrooms, Café Blue,

and Gondola Sports.

Existing utilities and infrastructure in the area would be used to connect the Lodge to electricity,

natural gas, fiber-optic and communication lines. Each utility extension would be approximately

150 feet long and would be installed within the maintenance road. Existing electrical switch gear

that is near the lodge site would be relocated to the north and be combined with other existing

electrical switch gear.

Snow Beach

As discussed previously, the Umbrella Bar that is currently located at the top of the Gondola

would offer repetitive services once the Gondola Lodge is constructed, and therefore would be

relocated. Consistent with the MPA 07, which envisioned a seasonal, open-air shelter at Snow

Beach (near the base of Patsy’s and Groove chairlifts) to accommodate additional seating, as

well as additional food service and barbeque capabilities, the Umbrella Bar will be permanently

relocated to this area once the Gondola Lodge is constructed. While the Umbrella Bar would not

accommodate additional food service or barbeque capabilities, these services are planned for the

future. Approximately 100 linear-feet of the existing summer maintenance road will be realigned

to the south, around the Umbrella Bar facility.

3 FS-710


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Magic Carpet Conveyor Lift

In conjunction with construction of the Gondola Lodge, the existing children’s Magic Carpet ski

school lift would be relocated to the Discovery Forest area near the Big Easy trail (see Figure 2).

This would enable Heavenly to maintain beginner-level ski school opportunities for children and

to provide adequate distance separation between the lift and the Gondola Lodge.

California Trail

As discussed in the Purpose and Need (Chapter 1 of the EA), due to the topography, soils and

geology throughout the Heavenly SUP area, large boulders and downed trees within developed

trails present unique challenges when it comes to opening and maintaining adequately covered

terrain for skiing and riding each season. Therefore, Heavenly developed the Easy Street Run HR

Prescription, which was originally implemented on the Easy Street Trail. The Easy Street Run

HR Prescription enables Heavenly to accomplish its operational objectives of providing adequate

snowmaking coverage on key trails, while minimizing potential soil disturbance and resultant

revegetation requirements and still allowing for a decrease in height of overall effective snow

cover for conservation of energy and water resources (water and power needed for snowmaking).

The prescription also minimizes disturbance to small-scale or micro-habitat for small rodents or

wildlife which are preyed upon by northern goshawk and spotted owl. Section 3.2 of the

Heavenly’s MPA 07 introduces the Easy Street Run HR Prescription; the full Prescription is

contained in Appendix 3 of the MPA 07. The Easy Street Run HR Prescription includes the

following objectives:

Reduce height of existing effective surface cover (felled trees, large woody debris,

stumps, and boulders) to between 12 to18 inches

Reduce consumption of electrical energy and water resources

Attain and maintain the 70 percent total effective surface cover as required by the

Cumulative Watershed Effects (CWE) Analysis

Protect and maintain existing native woody shrub and groundcover populations

Provide a variety of surface cover for wildlife microhabitat (shrubs, slash, plants)

The Easy Street Run HR Prescription will be implemented on an approximately 4.2-acre section

of upper California Trail and a small spur between it and the adjacent Tamarack Return trail (see

Figure 2). The extent of the Easy Street Run HR Prescription on California Trail was determined

as based on identified Tahoe draba (Draba asterophora v. asterophora, sensitive plant species)

populations within the trail, which need to be avoided. Tahoe draba are present on California

Trail above elevation 9,400 feet. Because blasting and construction activities associated with the

Easy Street Run HR Prescription have the potential to impact the existing draba population, a 30-


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meter (100-foot) buffer between the elevation of the known draba population and the elevation of

implementation of the Easy Street Run HR Prescription on California Trail has been included in

the Proposed Action. The extent of the Tahoe draba populations and buffer will be verified

before, during and after Easy Street Run HR Prescription on California Trail by an LTBMU

botanist.

Galaxy Lift and Trail Improvements

Galaxy Replacement Lift

Heavenly proposes to replace the existing fixed-grip double Galaxy lift with a higher capacity

detachable quad (the Galaxy Express), as discussed in the MPA 07. The lift alignment and

terminal locations are identical to the existing lift. However, the high-speed quad would have a

greater capacity and chair width than the fixed-grip double, necessitating a wider lift corridor.

The existing lift corridor would be widened slightly to comply with ANSI B77.1 requirements—

from roughly 30 feet to 33 feet wide.4 With the upgraded lift, its capacity has been calculated to

increase from approximately 613 persons to 1,370 skiers-at-one-time.5 The higher capacity of

this detachable lift would be accompanied by terrain additions in the Galaxy pod (discussed

below).

Trees would be cut over-the-snow and placed in a location that is accessible by truck for removal

during the dry season. Minor road surface improvements, including runoff control improvements

and obstacle removal, would occur along segments of the existing summer maintenance road to

the base terminal as part of the project.

Proposed New Trails with Snowmaking in the Galaxy Pod

Heavenly proposes to increase the skiable terrain in the Galaxy pod by constructing four new

trails, which would supplement the existing Galaxy and Perimeter trails. The new trails in the

Galaxy pod would accommodate skiers and snowboarders that learned in the teaching area at the

top of the Gondola and that are ready to progress to Intermediate terrain. All of the trails in the

Galaxy pod will be Intermediate, allowing for separation between different ability levels.

Conceptual alignments of all four new trails are described in Chapter 3 of the MPA 07. The

following lengths and areas are slightly different from the MPA and reflect contemporary trail

planning and in some cases known cultural resources:

Proposed Trail U3 would be roughly 2,360 feet in length and approximately 5.4 acres in

area.

4 ANSI B77.1 5 MPA 07 pg. 3-28


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Proposed Trail U4 would be roughly 1,500 feet in length and approximately 4.2 acres are

area.

Proposed Trails 14 and 15 are intended to serve as important access trails between the

Stagecoach and Galaxy pods.

Proposed Trail 14 is roughly 3,500 feet in length and approximately 8.7 acres in area.

Proposed Trail 15 is roughly 2,060 feet in length and approximately 5.3 acres in area.

Below ground snowmaking infrastructure will be installed for all new trails in the Galaxy pod—

U3, U4, 14 and 15—totaling approximately 23.6 acres of snowmaking capability. Approximately

9,500 linear feet of underground snowmaking line would be installed on these four new trails.

Snowmaking lines would be buried to a sufficient depth below the frost line. Heavenly uses a 30-

foot wide disturbance corridor for installation of snowmaking lines to accommodate the trench,

excavation equipment, piping material, and a temporary spoils pile necessary for snowmaking

line installation. This equates to approximately 6.5 acres of temporary ground disturbance, as

disturbed areas will be promptly stabilized and revegetated.

Proposed Snowmaking on Existing Trails in the Galaxy Pod

Heavenly proposes to install snowmaking infrastructure on the existing Perimeter and Galaxy

trails, which are currently 100 percent reliant on natural snow for coverage. Approximately

10,800 feet of snowmaking line will be installed for these two trails, which would provide

approximately 24.6 acres of new snowmaking coverage. This would entail roughly 7.4 acres of

temporary ground disturbance necessary for installation of snowmaking lines.

Installation of snowmaking infrastructure would be implemented consistent with applicable

provisions of the CERP.

Project Design Features, Mitigation and Monitoring

Activities associated with implementation of action alternatives could have localized, short-term

effects. Design features have been incorporated into the Proposed Action to minimize or avoid

effects to cultural resources, scenic resources, vegetation resources, wildlife, soils and watershed,

air quality and wetlands (see Attachment A).

Implementing design features as described in this decision will be the responsibility of Heavenly

as monitored under the SUP. In addition to these design features, requirements of permits from

regulatory agencies are incorporated into my decision. Permits include:


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A TRPA Permit (No. ERSP2009-3571) has been issued for the Gondola Lodge and

connected activities (magic carpet relocation, road realignment, leveling in front of

Tamarack lift). Special conditions of this permit will be followed (Attachment B). A

TRPA permit for relocation of the Umbrella Bar has not been issued at this time.

Implementation of the Umbrella Bar relocation will not start until after a TRPA permit

has been obtained. Special conditions in the TRPA permit for the Umbrella Bar

relocation will be followed upon issuance of that permit.

National Pollution Discharge Elimination System (NPDES) permits from the Lahontan

Regional Water Quality Control Board are required for project activities in the State of

California. Heavenly is currently in the process of obtaining these permits. Any

conditions of implementation required by these permits will be followed.

A building permit is required from El Dorado County. Any conditions required by this

permit will be followed for both the Gondola Lodge and the relocated Umbrella Bar.

PUBLIC INVOLVEMENT

Alternative 2 was first listed in the LTBMU’s quarterly Schedule of Proposed Actions on

October 1st, 2009. A scoping notice that detailed the proposal was provided to the public and

other agencies for comment beginning on November 30th, 2009. Twenty-three letters, including

five from California and Nevada state agencies, were received during the scoping period.

Appendix A of the EA includes the Scoping Summary Report; all comments were identified as

―non-significant issues.‖

The EA was released for a 30 day comment period on March 13th; 19 comment letters were

received. Most comments were in support of the Proposed Action. A Response to Comments is

attached to this Decision Notice (Attachment C).

FINDING OF NO SIGNIFICANT IMPACT

After reviewing the EA, I have determined that implementation of Alternative 2 will not,

individually or cumulatively, significantly affect the quality of the human environment. The

provisions of 40 CFR 1508.27 indicate that project significance must be judged in terms of both

context and intensity. Based on a review of these provisions, I have determined that an

Environmental Impact Statement (EIS) is not required. I base my findings on the following

definitions of context and intensity as provided in 40 CFR 1508.27:

Context

Context means that the significance of an action must be analyzed in several ways such as

society as a whole (human, national), in the affected region, the affected interests, and the

locality. The effects of implementing Alternative 2 are localized, with implications only for the


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immediate vicinity of the ski area. Cumulative effects of past management, combined with the

current proposal and reasonably foreseeable future actions, are displayed and analyzed in the EA

for each resource.

Intensity

Intensity refers to the severity of the anticipated impact. The following ten intensity factors are

used to evaluate intensity:

1. Impacts may be both beneficial and adverse.

I have considered both the beneficial and adverse impacts associated with Alternative 2 as

presented in the EA and this Decision Notice. Alternative 2 will provide recreational benefits for

users of NFS lands within Heavenly’s SUP area (EA pp. 3-12 thru 3-18) with no significant

adverse effects to the human or biological environment (EA pp. 3-12 thru 3-18, 3-23 thru 3-27,

3-30 thru 3-32, 3-49 thru 3-56, 3-64 thru 3-70, 3-75 thru 3-80). Chapter 3 of the EA discloses the

anticipated level of effects to all resources of concern.

2. The degree to which the proposed action affects public health or safety.

Prior to construction of Alternative 2 ―Construction Zone‖ signage would be posted so that it is

visible to visitors using the area for recreation. Warning signage would be provided on the Tahoe

Rim Trail for travelers going either direction (north or south) in advance of the Galaxy pod

construction area. During hazardous activities which require heavy equipment and vehicles such

as blasting, lift removal or construction, and installation of the snowmaking infrastructure the

segment of Tahoe Rim Trail that crosses the Galaxy pod would be closed; appropriate signage

and staff would be provided to direct hikers during the closure (Section 3A of the EA). If over

snow tree removal occurs during the ski season, the area and adjacent ski trail will be closed to

public entry until tree removal activities have been suspended or are completed.

Limits of the construction zone would be demarcated so that both visitors and construction

workers are aware of the working area. During construction near the top terminal of the Gondola

(the Lodge and delivery road, associated relocation of the maintenance road and magic carpet;

removal of the temporary toilet facility and utility boxes; and implementation of the Easy Street

Run HR prescription), staff would be provided to direct visitor use away from construction.

There will be ongoing building inspections for the Lodge throughout construction. After

Construction, Environmental Management will provide annual health inspections of the Lodge

food service and Umbrella Bar. Post construction inspections of the chairlift are mandated by

law and will be complied with by Heavenly.


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3. Unique characteristics of the geographic area such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas.

A portion of Heavenly’s SUP area and some of the approved projects (Gondola Lodge,

California Trail improvements, and Umbrella Bar relocation) are within the Lake Tahoe Basin

(watershed). To avoid potential impacts to Lake Tahoe, I have required Alternative 2 to

incorporate Best Management Practices and Project Design Features (Table 2-3).

The Galaxy pod is outside of the Lake Tahoe Basin. However, trail construction and

snowmaking activities in the Galaxy pod are in close proximity to several identified

archaeological sites. To avoid any potential impacts to the archaeological sites, trail alignments

were modified from those included in the MPA 07, project design features were incorporated

into the Proposed Action (refer to Table 2-3 of the EA, Cultural Resources), and monitoring will

take place before, during and after the construction process.

The new Galaxy Lift has been designed to span a delineated wetland, thus eliminating any

potential impacts. Neither lift infrastructure nor replacement-associated activities will occur

within the wetland. In addition, the wetland will be clearly flagged for avoidance.

By project design, and by my Decision to require Best Management Practices and the Project

Design Features identified in Table 2-3, Alternative 2 will not significantly impact any of the

aforementioned unique characteristics.

4. The degree to which the effects on the quality of the human environment are likely to be highly controversial.

Per the 1988 Forest Plan, the desired future condition of the Heavenly Valley Management Area

is ―a quality ski resort with ski runs and other disturbed areas stabilized to reduce the potential

for soil erosion.‖[1]

While there was opposition to the Proposed Action expressed during both the

scoping and the EA comment periods (see the scoping summary - Attachment A and the

Response to Comments in the EA), scoping comments helped the ID Team define the resource

analyses in Chapter 3. The EA analyzes items raised during scoping such as effects to: riparian

areas in the Galaxy Pod and near California Trail; sensitive plant species near the California

Trail; soil resources in the Lodge project area; monitoring and modification to the Easy Street

Run HR Prescription; TRPA Land Coverage; water quality and climate issues. No significant

effects were identified (refer to Table 2-2 in Chapter 2 of the EA, or resource sections in Chapter

3). The 2010 Capital Projects are consistent with Heavenly’s SUP and Forest Plan direction for

these NFS lands. I considered all comments received in relation to the analysis presented in the

EA, the purpose and need for the Proposed Action, and Forest Plan direction. I find that the

[1] USDA Forest Service 1988, page IV-106


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project is not highly controversial and issues are adequately addressed in the EA (EA pp. 1-9

thru 1-14).

5. The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks.

The actions described by Alternative 2 are similar to other previously approved actions within

Heavenly’s SUP area. Previously approved actions include: recently cleared trails Nova and

Cloud 9; Canyon, Olympic and Powderbowl lift upgrades; Gondola top, middle and bottom

terminal facility construction; and past implementation of the Easy Street Run HR Prescription

on Easy Street trail. Because the actions described by Alternative 2 are similar to past actions

that have occured at Heavenly, the environmental effects of implementing Alternative 2 are well

known. There is uncertainty and unknown risk associated with the effects to climate change from

a project as small as described in Alternative 2. I find that it is not possible to discern significant

effects on climate change as a result of implementing Alternative 2. This is due to the fact: (1)

Alternative 2 effects only a small area of National Forest System lands; and (2) as a result of the

limited size and scope of the project, the effects of Alternative 2 cannot be meaningfully

evaluated under current science, modeling, and policies.

However, recognizing that energy efficiency can be indirectly associated with climate change

Alternative 2 incorporates several features that result in efficient energy use including utilization

of efficient snow guns (EA, Pg. 1-18), the lodge design and operation will be LEED certified

(EA, Pg. 2-4), and implementation of the Easy Street Run HR Prescription on all new trails U3,

U4, 14, 15, and California Trail (EA, Pg. 2-5 – 2-7). In addition to these project specific energy

efficiencies, Vail Resort has implemented an energy layoff plan in which their goal is to reduce

company-wide energy use by 10% in two years (EA, pg. 1-17 – 1-18).

I have determined that there will not be significant effects on the human environment which are

highly uncertain or that would involve unique/unknown risks as a result of implementing this

decision.

6. The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration.

My decision does not establish a precedent for future actions within Heavenly's SUP area. I've

considered all connected actions (i.e., utilities, construction staging) associated with Alternative

2 and no additional actions, other than those identified in the alternative description, are required

(EA, Pg. 2-3 – 2-9).


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7. Whether the action is related to other actions with individually insignificant but cumulatively significant impacts.

Alternative 2, when considered along with any past, present, or foreseeable future actions, does

not result in cumulatively significant impacts. Cumulative effects are disclosed, by resource,

throughout Chapter 3 of the EA (pp. 3-1 to 3-4, 3-17/18, 3-26/27, 3-32, 3-55/56, 3-69/70, 3-80).

8. The degree to which the action may adversely affect districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places or may cause loss or destruction of significant scientific, cultural, or historical resources.

Trails in the Galaxy pod have been slightly re-aligned from the conceptual alignment contained

in the MPA 07 in order to avoid known cultural resources. Because the trails avoid known

cultural resources, the Easy Street Run HR Prescription on each of the approved trails is not

anticipated to impact cultural resources. Belowground snowmaking is approved on these new

trails as well as on existing trails Perimeter (U1) and Galaxy (U2). To avoid direct impacts to

segments of the historic wood haul road that crosses approved trails 14 and U3, snowmaking

lines will need to be laid in a horizontal boring beneath the historic grades, thereby eliminating

any disturbance to the surface grade. Additional project design features established to minimize

impacts to cultural resources are identified in Table 2-3 of the EA. Concurrence from the Nevada

State Historic Preservation Office has verified these Findings (Project Record Document 8).

Therefore, Alternative 2 will not adversely affect listed or eligible resources on the National

Register of Historic Places (Project Record Document 3, EA pp. 3-28 thru 3-32).

9. The degree to which the action may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act of 1973.

This action will have a ―no effect‖ to threatened or endangered species as these species and

critical habitat are not known to occur in the project area (Project Record Document 2).

10. Whether the action threatens a violation of Federal, State, or local law or requirements imposed for the protection of the environment.

I have reviewed the EA and the project file, and have determined that no Federal, State, or local

laws, regulations, or requirements for protection of the environment will be violated with

implementation of Alternative 2.


15

FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS

As Forest Supervisor for the Lake Tahoe Basin Management Unit, I am required to manage the

Forest in accordance with applicable laws and regulations. In reviewing the EA, I have

concluded that my decision is consistent with the following key laws, regulations, and

requirements (EA pp. 1-14 thru 1-16):

1998 LTBMU Forest Plan, as amended

Clean Water Act of 1977, as amended

Endangered Species Act (ESA) of 1973, as amended

Migratory Bird Treaty Act of 1918

National Environmental Policy Act (NEPA) of 1969, as amended

National Forest Management Act (NFMA) of 19766

National Forest Ski Area Permit Act of 1986, as amended

National Historic Preservation Act (NHPA) of 1966, as amended

Protection of Wetlands Executive Order 11990

My decision only applies to NFS lands as analyzed within the EA. I am not anticipating further

site-specific NEPA to implement this project. Construction of the Gondola Lodge, a slope

retained by boulders and rocks, and a new delivery road, relocation of the summer maintenance

road and magic carpet will occur during the summer of 2010. Other projects associated with the

Gondola Lodge such as relocation of the Umbrella Bar to Snow Beach and removal of the

temporary restroom modular facility and associated utilities are anticipated to occur during the

summer of 2010 in conjunction with implementation of the Lodge. Upgrading the Galaxy

chairlift and implementation of the new trails and snowmaking in the Galaxy pod are likely to

begin in spring 2011 and in time for the 2011/12 season. The Easy Street Run HR Prescription

on California Trail will also occur in 2011.

ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNITY

This decision is subject to administrative review (appeal) pursuant to 36 CFR Part 215.

Individuals or organizations who provided comments or otherwise expressed interest in the

proposal by the close of the comment period are eligible to appeal the decision pursuant to 36

CFR part 215 regulations. The notice of appeal must meet the appeal content requirements at 36

CFR 215.14.

6 NFMA is the primary statute governing the administration of national forests. Among other things, it requires that each National

Forset develop and implement a resource management plan. As noted, a forest plan consistency analysis was prepared for this

EA.


16

The appeal must be filed (regular mail, fax, email, hand-delivery, or express delivery) with the

Appeal Deciding Officer at:

Randy Moore, Regional Forester

USDA Forest Service

Pacific Southwest Region

1323 Club Drive

Vallejo, CA 94592

Email: [email protected]

Phone: (707) 562-8737

Fax: (707) 562-9091

The office business hours for those submitting hand-delivered appeals are: 7:30 a.m.to 4:00 p.m.

Monday through Friday, excluding holidays. Electronic appeals must be submitted in a format

such as an email message, plain text (.txt), rich text format (.rtf), or Word (.doc) to the email

address listed above. In cases where no identifiable name is attached to an electronic message, a

verification of identity will be required. A scanned signature is one way to provide verification.

Appeals, including attachments, must be filed within 45 days from the publication date of this

notice in the Tahoe Daily Tribune, the newspaper of record. Attachments received after the 45

day appeal period will not be considered. The publication date in the Tahoe Daily Tribune,

newspaper of record, is the exclusive means for calculating the time to file an appeal. Those

wishing to appeal this decision should not rely upon dates or timeframe information provided by

any other source.

mailto:[email protected]

IMPLEMENTATION DATE

If no appeals are filed within the 45-day time period, implementation of the decision may occuron, but not before, five (5) business days from the close of the appeal filing period. Whenappeals are filed, implementation may occur on, but not before, the 15th business day followingthe date of the last appeal disposition.

CONTACT

For additional information concerning this decision or the Forest Service appeal process, contact:

Matt Dickinson

Lake Tahoe Basin Management Unit35 College DriveSouth Lake Tahoe, CA 96150Phone (530)543-2835, Fax (530)543-2693

________________

o /c / o1TEJ4R1 MARe’ERON DATE(,órest Supervisor

iake Tahoe Basin Management Unit

Heavenly Mountain Resort 2010 Capital ProjectsDecision NoticeIFONSI

17

Attachment A


A-1

Project Design Features and Best Management Practices

CULTURAL RESOURCES

Any previously unidentified archaeological remains discovered or exposed during project implementation will be afforded full protection, including stopping

work and roping off the area. Upon discovery of previously unidentified archaeological remains, the Forest Service will be immediately notified. Work will

not proceed until authorized to proceed by the authorized officer.

The protection areas will be clearly marked as generic ―sensitive zones‖ on all project maps, which will be approved by the LTBMU Heritage Resource

Program Manager. Heritage resource locations will remain confidential.

The new trail alignments for U3, U4, 14 and 15 are in close proximity to several archaeological sites and direct impacts due to construction are a possibility.

Trail construction and associated snowmaking activities will avoid all known cultural properties by keeping workers and equipment out of the ―sensitive

zones.‖ Ski trails will be cleared by over-the-snow tree removal to minimize ground disturbance. Although stumps will be flush-cut when the ground is clear

of snow and the archaeological sites are exposed, all work in proximity to sites will be carried out by hand and vehicles will be prohibited from entering the

area. Slash and wood debris will be chipped into newly cleared trails away from the known historic sites in the Galaxy pod. New snowmaking pipelines will

be buried below frost line along the edges of all runs within the Galaxy pod.

To avoid direct impacts to segments of the historic wood haul road which crosses the new trail alignments in the Galaxy pod, sections of snowmaking line

identified in the cultural report will be laid in a horizontal boring beneath the historic grades to eliminate any disturbance to the surface grade.

Annually, during the ski season, a barrier will be placed around the historic sites in the Galaxy pod that have high-profile features. Fencing, or rope and

bamboo stakes will be temporarily installed to restrict access by skiers and riders. The barriers will be adjusted throughout the season, to ensure protection of

the historic sites. As necessary, the Forest Service may require additional measures to protect the historic sites.

Monitoring will take place by an archeologist prior to tree removal on new trails in the Galaxy pod in order to re-check trees marked for removal in relation to

flagged site locations.

Monitoring will take place by an archeologist during tree removal and skidding of U3, U4, 14 and 15 to insure directional falling away from sites, and during

hand work involving stump removal in the Galaxy pod.

Monitoring will take place by an archeologist during chipping activities in the Galaxy pod to confirm that chips are directed into new trails and away from any

historic site, and that equipment and other rubber tire vehicles are prohibited from entering the immediate area of the historic site.

When trail construction on U3, U4, 14 and 15 is within 100 feet of a historic property, an archaeologist will be on site to ensure protective measures are

implemented and effective.

All cultural sites in the Galaxy pod will be monitored: 1) upon completion of the construction activity, 2) during the ski season to insure that protective fencing

installed around high-profile features is correctly in place, 3) following the ski season to assess each site’s conditions. A monitoring form will be completed to

document these efforts.

SCENIC RESOURCES

Trail edges on U3, U4, 14 and 15 will be non-linear, and changes in tree heights along the edges of openings will be gradual rather than abrupt. Soften hard

edges by selective removal of trees of different ages and heights to produce irregular corridor edges where possible.

Attachment A


A-2


Any site grading related to lift terminals, summer access roads, the Gondola Lodge and Umbrella Bar will blend disturbance into the existing topography to

achieve a natural appearance and minimize cuts and fills at the transition with grading and existing terrain.

The Gondola Lodge, lift terminals, towers, and chairs need to minimize reflectivity by using materials and colors that meet reflectivity standards. Any exterior

galvanized metal or other reflective surfaces on the Gondola Lodge, lift terminals, towers, and chairs will be treated or painted dark non-reflective colors that

blend with the forest background to meet an average neutral value of 4.5 or less as measured on the Munsell neutral scale.

The Gondola Lodge and slope retained by boulders and rocks at the top of the Gondola, new Galaxy lift terminals, towers and chairs, need to meet color

guidelines. Bright colors are inappropriate for the forest setting. The colors will be muted, subdued colors because they blend well with the natural color

scheme.

WILDLIFE

Prior to and during construction of the Gondola Lodge and associated relocation of the magic carpet and access roads; the Galaxy chairlift, trails and

snowmaking infrastructure, relocation of the Umbrella Bar to Snow Beach and associated road relocation; and implementation of the Easy Street Run HR

Prescription on California Trail, implement Mitigation Measure (HMPA FEIS 2007) BIO-2 Active Raptor and Migratory Bird Nest Site Protection Program.

BIO-2 states: Pre-construction surveys, conducted during the nesting season immediately prior to project construction, shall be conducted to identify any

active raptor nest sites within the project. During initial construction activities (tree removal), a Forest Service qualified biological monitor shall be onsite to

evaluate whether any raptors or migratory birds are occupying trees within 100 feet of the construction corridor. The biological monitor will have the authority

to stop construction near occupied trees if it appears to be having a negative impact on nesting raptors or migratory birds or their young observed within the

construction setbacks of the project area. If construction is stopped, the monitor must consult with, Forest Service staff within 24 hours to determine

appropriate actions to continue construction while reducing impacts to identified raptors or migratory birds.

Refuse containers near the Gondola Lodge and the relocated Umbrella Bar shall be designed to be wildlife proof to prevent access by wildlife species. Refuse

containers will be emptied on a regular basis when being used by the workers or visitors.

At this time none of the proposed actions are located inside or within 0.25 mile of a PAC. Annual California spotted owl and northern goshawk surveys will

continue to be performed throughout the Heavenly SUP area in accordance with the accepted protocol and the Sierra Nevada Forest Plan Amendment Record

of Decision (SNFPA ROD, January 2004). If either species are detected within the project area and determined to be nesting, a Protected Activity Center

(PAC) will be delineated in accordance with the SNFPA ROD. If a PAC is delineated with 0.25 mile of a project area prior to construction, a Limited

Operating Period would be implemented which would limit construction activities and vegetation treatments during the breeding season (March 1 through

August 31 for California spotted owl) and (February 15 through September 15 for northern goshawk). The LOP may be waived if surveys confirm nesting is

not occurring or if the activity is of such scale and duration that will not impact breeding California spotted owls or northern goshawks.

VEGETATION RESOURCES

Prior to construction, the disturbance limits of the project site will be identified. Pop fencing, flagging, or a staked rope line will be established to denote the

limits of construction proximate to sensitive resource boundaries including cultural resources sites, the Daggett Creek SEZ and wetlands in the Galaxy pod and

the Tahoe draba buffer on California Trail.

Tree removal related to installation of the Galaxy Express, as well as U3, U4, 14 and 15 trail construction, will be conducted over-the-snow. Stumps will be

flush-cut once snow has melted. Trees shall be felled away from the Daggett Creek stream channel so as to minimize disturbance.

Attachment A


A-3


The lowest elevation extent of Tahoe draba habitat on California Trail will be flagged prior to implementation of the Easy Street Run HR Prescription. A

Forest Service Botanist/Ecologist will either 1) flag the population’s extent or 2) will approve flagged extent and will verify the flagged extent during and after

implementation. All construction activities shall be at least 100 feet away from the identified extent of Tahoe draba, which is approximately 9,400 feet in

elevation. This will represent the limit for which this prescription can be implemented.

Minimize loss of Tahoe draba plants by installing protective fencing along the buffer established 100 feet downhill of known Tahoe draba habitat located

uphill of the project area on California Trail. Fencing installed prior to the onset of construction on California Trail, shall be at least 4 feet in height. Fencing

will be maintained throughout the duration of construction activities and removed upon completion of the project and prior to the opening of the ski season.

Areas disturbed during project construction or implementation, excluding the Gondola Lodge site or new and relocated road surfaces, will be revegetated after

the site has been satisfactorily prepared. Areas that would be revegetated include:

Disturbed areas adjacent the Lodge structure, the relocated road, the magic carpet; and the Umbrella Bar;

The abandoned temporary restroom and Umbrella Bar locations; and

Within new ski trails and snowmaking infrastructure corridors in the Galaxy pod

Seeding will be repeated until satisfactory revegetation is accomplished according to Forest Service Specialists. Revegetation will be accomplished with Forest

Service approved plants and seed mixtures.

Implementation of the Easy Street Run HR Prescription on California Trail shall lop and scatter wood debris, shrubs and other vegetative material, rather than chipping these materials.

Fences and blasting operations near Tahoe draba on California Trail shall be monitored for the duration of the construction season by contractors, Heavenly

staff, and/or botanists to ensure blasting operations are not resulting in material entering the 100 foot buffer.

All gravel, fill, mulches or other materials used for implementation will be weed free. Use onsite sand, gravel, rock or organic matter where possible.

Otherwise, obtain materials from gravel pits and fill sources that have been determined to be weed-free by the Forest Service Botanist or Ecologist.

All new ski trails will be constructed by ―flush cutting‖ removed trees to a height of approximately 6 inches or less from the ground surface. This trail

preparation method avoids the need to disturb the remaining stumps and/or surrounding soils, thereby minimizing overall ground disturbance and existing

vegetation.

Upon completion of ground disturbing activities a minimum of 2 inches of mulch will be applied (2007 EIR/EIS/EIS Appendix 2-B, pg. 24). This applies to

the following locations:

Disturbed areas adjacent the Lodge structure, the relocated road surfaces, the magic carpet; and the Umbrella Bar at Snow Beach;

The abandoned temporary restroom and Umbrella Bar locations at the top of the Gondola; and

Within new ski trails and snowmaking infrastructure corridors in the Galaxy pod.

Understory vegetation will be retained during construction of new trails U3, U4, 14 and 15 to the extent possible by removing felled trees and minimizing

construction traffic in all areas designated for flush cutting and/or overstory vegetation removal.

Prior to removal of trees from the Galaxy pod, decking areas and removal routes will be designated in the field and approved by the Forest Service.

Attachment A


A-4


Topsoil replacement, seeding, and weed-free mulching (as necessary) will be used to stabilize disturbed soils in:

Disturbed areas adjacent the Lodge structure, the relocated road surfaces, the magic carpet; and the Umbrella Bar at Snow Beach;

The abandoned temporary restroom and Umbrella Bar locations at the top of the Gondola; and

Within new ski trails and snowmaking infrastructure corridors in the Galaxy pod, where grading and soil disturbance will occur to promote native plant re-

establishment.

Equipment will be washed prior to entering NFS lands, or coming from an area known to contain non-native invasive species. This includes construction personnel vehicles in addition to trucks and other heavy equipment.

Known populations of bull thistle (Cirsium vulgare) and tall white-top (Lepidium latifolium) occur adjacent to the location of the relocated Umbrella Bar at

Snow Beach. These populations will be treated or ―flagged and avoided‖ according to Forest Service instruction. Botanists will be given 1) sufficient time to

arrange for treatment of the weeds, and 2) Heavenly and the Forest Service will coordinate to identify known locations of the weeds near the project area.

Monitor construction areas and areas disturbed by this project for noxious weeds and treat any noxious weeds found.

SOILS & WATERSHED

Ground disturbing activities associated with construction of the Lodge, relocation of maintenance roads and magic carpet, removal of utilities and the

temporary restroom facility, implementation of Easy Street Run HR Prescription on California Trail, relocation of the Umbrella Bar to Snow Beach, trail

construction, lift construction and installing snowmaking infrastructure in Galaxy pod will be conducted in accordance with Heavenly’s Revised Construction

Erosion Reduction Program (MPA 07 Appendix 2B).

Tree-removal for trail construction and chairlift corridor widening will occur entirely over snow. A 24 inch minimum snow depth is required.

Staging areas for construction materials and equipment, and decking areas, shall be restricted to paved surfaces, areas adjacent to the building site and

previously disturbed areas and shall be fitted with temporary BMPs, including construction limit fencing. Temporary staging and storage areas not located on

paved surfaces shall be identified on the site through use of vegetation protection fencing and erosion control fencing where appropriate

Existing, native ground cover located within the new trail alignments and the widened lift corridor in the Galaxy pod will be retained to the extent possible

during construction to minimize erosion.

Existing roads will be used for construction and routine maintenance of any approved project components.

Surface netting or similar technique would be used in conjunction with mulching will be used to reduce the erosion hazard in areas where slope or other

characteristic makes the location highly susceptible to erosion during the revegetation process, such as fill banks and steep slopes in the Galaxy pod.

Vegetative removal within the Daggett Creek SEZ will include directional felling, hand treatments and end lining. This does not include the delineated

wetland along Daggett Creek which will not be impacted.

In all areas where approved grading or soil disturbance will occur, topsoil (when present) will be separated, stockpiled and re-spread following slope grading

and prior to re-seeding.

Initiating new soil-disturbing activities related to the 2010 Capital Projects will be avoided prior to during periods of forecasted heavy rain (greater than or

equal to 1 inch in 24 hours rain event, or prolonged periods or rain over a 48 hour period exceeding a total of 2.5 inches) as well as implementation monitoring

of temporary BMPs to ensure they have been maintained.

Attachment A


A-5


Areas determined by the Forest Service hydrologist or soil scientist to have been compacted by construction activities may require mechanical sub-soiling,

scarification, or similar technique to the compacted depth to reduce bulk density and restore porosity.

AIR QUALITY

To the extent feasible, the Gondola Lodge, relocated Umbrella Bar, Galaxy Lift, snowmaking lines and magic carpet will be installed promptly in order to

reduce the potential for dust emissions. The area disturbed by clearing, earth moving, or excavation activities will be kept to a minimum at all times, allowing

improvements to be implemented in sections.

Areas approved for ground disturbance and construction access roads will be watered as necessary and practical to prevent excessive amounts of dust.

WETLANDS

Flag and avoid the wetland on the Galaxy trail during construction of new trails and the upgraded lift in the Galaxy pod.

RECREATION

During hazardous activities such as blasting, lift removal, or installation of the snowmaking infrastructure that requires heavy vehicles, the segment of Tahoe Rim Trail crossing the Galaxy pod will be closed. Appropriate signage and staff would be provided, to direct hikers during the closure.

Prior to construction ―Construction Zone‖ signage would be posted so that they are visible to visitors using the area for recreation. Warning signage would be provided on the Tahoe Rim Trail for travelers going either direction (north or south) in advance of the Galaxy pod construction area. During hazardous

activities which require heavy equipment and vehicles such as blasting, lift removal or construction, and installation of the snowmaking infrastructure the

segment of Tahoe Rim Trail that crosses the Galaxy pod would be closed; appropriate signage and staff would be provided to direct hikers during the closure.

During construction near the top terminal of the Gondola (the Lodge and delivery road, associated relocation of the maintenance road and magic carpet;

removal of the temporary toilet facility and utility boxes; and implementation of the Easy Street Run HR prescription), staff would be provided to direct visitor

use away from construction.

If over snow tree removal occurs during the ski season, the Galaxy area and adjacent ski trails will be closed to public entry until tree removal activities have

been suspended or are completed.

Attachment A


A-1

In addition to Project Design Features and Best Management Practices described above, the new

trails in the Galaxy pod would be constructed according to Heavenly’s Revised Construction

Erosion Reduction Program (CERP), and as outlined in the Easy Street Run HR Prescription.

Heavenly has successfully implemented this prescription in conjunction with snowmaking line

installation in the past, and has found that the excavator used to dig the trench helped facilitate

the treatment of the logs, stumps and rock ―topping‖ that is a part of the prescription. Installation

of snowmaking infrastructure would be implemented consistent with applicable provisions of the

CERP.

Heavenly’s Revised CERP includes the following:

General

Ski trail boundaries shall be delineated with a rope boundary fence to ensure areas

outside the new ski trails are not disturbed by construction.

Trees that are 20 inches or less in diameter will be chipped.

All logs that remain on site will be trimmed of branches so that all branches that are

lower in height than the diameter of the log remain in order to provide micro-scale habitat

for rodents and small mammals.

Logs that remain onsite will be aligned across the slope of the ground surface.

Boulders shall be capped to a height of 12 to 18 inches.

All construction activities shall comply with the Best Management Practices for General

Construction and Ski Trail Construction designated in the Revised Construction Erosion

Reduction Program.

Tree Felling

The Forest Service shall mark all trees on the bole and stump with paint.

All trees will be hand-felled with a chainsaw, and directional felling will be utilized to

avoid damage to unmarked trees, Stream Enforcement Zone (SEZ)/stream channels, and

cultural resources.

Stumps shall be kept to a height of 6 inches or less on the uphill side, except where safety

or embedded metal makes this impracticable.

Borax tree stumps in the summer following flush cutting.

Attachment A


A-2

Skidding/Yarding

All tree removal shall take place during sufficient snow cover (24-inch minimum) so as

not to disturb soils and/or vegetation.

Trees with significant rot and other cull requirements shall not be stacked in decks or

piles that will concentrate potential fuels.

Sound trees to be removed from the forest will be removed over snow to the East Peak

Borrow Area, or other designated staging areas.

Slash Disposal

Tree tops and limbs shall be lopped and scattered by hand across the slope to help with

erosion control. The slash shall be lopped down to a height of 18 inches or less above the

ground to reduce obstacles for skiers.

The amount of woody material scattered in areas with vigorous populations of pine mat

manzanita or other existing ground cover will be kept to a minimum in order to avoid

damage or dieback of these populations.

Stream Zones

When tree removal will occur within the Daggett Creek SEZ, in and around the

intersection of trails U4 and 15 and the intersection of U3 and Galaxy trail, trees will be

directionally felled away from the SEZ.

Felled trees and harvest slash shall be kept out of all perennial and intermittent streams.

TAHOE Mail Location ContactREGIONAL P0 Box 5310 128 Market Street Phone: 775-588-4547

I PI..ANNING Stateline, NV 89449-5310 Stateline, NV 89449 Fax: 775-588-4527

I AGENCY - -

:. :- www.trpa.org

March 26,2010

Andrew StrainHeavenly Valley Limited PartnershipP.O. Box 2180Stateline, NV 89449

HEAVENLY RESORT GONDOLA LODGE PROJECT, 4480 LAKE TAHOE BOULEVARDSOUTH LAKE TAHOE, EL DORADO COUNTY, CALIFORNIA, ASSESSOR’S PARCELNUMBER (APN) 030-030-01, TRPA FILE NUMBER ERSP2009-3571

Dear Andrew:

Enclosed please find a Tahoe Regional Planning Agency (TRPA) permit and attachments for theproject referenced above. TRPA will acknowledge the permit only after all standard andspecial conditions of approval have been satisfied. Failure to satisfy these conditions ofapproval will cause unnecessary time delays. TRPA acknowledgement is required prior toapplication to other reviewing agencies and commencement of construction.

Please schedule an appointment with me to finalize your project. Due to time demands, TRPAcannot accept drop-in or unannounced arrivals to finalize plans.

Pursuant to Rule 11 .2 of the TRPA Rules of Procedure, this permit may be appealed withintwenty-one (21) days of the date of this correspondence; April 15, 2010.

Please note that combined security and mitigation fee payments can be accepted. Acceptableways to post a security are listed in the enclosed handout entitled “Attachment J.”

Please feel free to call me if you have any questions regarding this letter or your permit ingen

Sincer y

D ci L. Landryenior Plann

Environm I Review Services

Enclosures

/dll

- TAHOEREGIONALPLANNINGAGENCY

MailPC Box 5310

Stateline, NV 89449-5310

Location128 Market StreetStateline, NV 89449

ContactPhone: 775-588-4547Fax: 775-588-4527

wwwtrpa.org

PROJECT DESCRIPTION: Construct new day skier lodgeRelocate surface ski lift (Magic Carpet)

APN 030-030-01

PERMITTEE: Heavenly Valley Limited Partnership FILE # ERSP2009-3571

COUNTY/LOCATION: El Dorado County, 4480 Lake Tahoe Blvd.

Having made the findings required by Agency ordinances and rules, TRPA Governing Boardapproved the project on March 24, 2010, subject to the standard conditions of approval attachedhereto (Attachment Q) and the special conditions found in this permit.

This permit shall expire on March 24, 2013, without further notice unless the construction hascommenced prior to this date and diligently pursued thereafter. Commencement of constructionconsists of pouring concrete for a foundation and does not include grading, installation of utilities orlandscaping. Diligent pursuit is defined as completion of the project within the approved constructionschedule. The expiration date shall not be extended unless the project is determined by TRPA to bethe subject of legal action which delayed or rendered impossible the diligent pursuit of the permit.

NO CONSTRUCTION OR GRADING SHALL COMMENCE UNTIL:(1) TRPA RECEIVES A COPY OF THIS PERMIT UPON WHICH THE PERMITTEE(S) HAS

ACKNOWLEDGED RECEIPT OF THE PERMIT AND ACCEPTANCE OF THE CONTENTSOF THE PERMIT;

(2) ALL PRE-CONSTRUCTION CONDITIONS OF APPROVAL ARE SATISFIED ASEVIDENCED BY TRPA’S ACKNOWLEDGEMENT OF THIS PERMIT;

(3) THE PERMITTEE OBTAINS APPROPRIATE COUNTY PERMIT. TRPA’SACKNOWLEDGEMENT MAY BE NECESSARY TO OBTAIN A COUNTY PERMIT. THECOUNTY PERMIT AND THE TRPA PERMIT ARE INDEPENDENT OF EACH OTHER ANDMAY HAVE DIFFERENT EXPIRATION DATES AND RULES REGARDING EXTENSIONS;

“JDTRPA PRE-GRADING INSPECTION HAS BEEN CONDUCTED WITH THE PROPERTY

NER AND/OR THE CONTRACTOR.7

signee/2/I

Date/ 7

1MITTEES’ @CEPTANCE: I have read the permit and the conditions of approval and3rstand and accept them. I also understand that I am responsible for compliance with all the

conditions of the permit and am responsible for my agents’ and employees’ compliance with thepermit conditions. I also understand that if the property is sold, I remain liable for the permitconditions until or unless the new owner acknowledges the transfer of the permit and notifiesTRPA in writing of such acceptance. I also understand that certain mitigation fees associatedwith this permit are non-refundable once paid to TRPA. I understand that it is my soleresponsibility to obtain any and all required approvals from any other state, local or federalagencies that may have jurisdiction over this project whether or not they are listed in this permit.

Signature of Permittee(s). Date

(PERMIT CONTINUED ON NEXT PAGE)

Heavenly Gondola Lodge030-030-0 1 /ERSP2009-351 7

Page 2 of 6

CONDITIONAL PERMIT-

(‘

APN 030-030-01FILE NO. ERSP2009-3571

Security Posted (1): Amount $

______

Type

_____

Paid

_____

Receipt No.______

Security Administrative Fee (2): Amount$________

Paid Receipt No.______

CFA Transfer Security Posted (3): Amount $ 5,000 Type

______

Paid

_____

Receipt No.______

Security Administrative Fee (4): Amount$________

Paid

_____

Receipt No.______

Notes:(1) Amount to be determined. See Special Condition 5.F, below.(2) $152 if a cash security is posted or $138 if a non-cash security is posted.(3) Amount to be determined. See Special Condition 6, below.(4) $152 if a cash security is posted or $138 if a non-cash security is posted.

Required plans determined to be in conformance with approval: Date:

____________

TRPA ACKNOWLEDGEMENT: The permittee has complied with all pre-construction conditionsof approval as of this date and is eligible for a county building permit:

TRPA Executive Director/Designee Date

SPECIAL CONDITIONS

1. This permit specifically authorizes the construction of a new single story day lodge locatednear the base of the Gondola ski lift on the California side of the Heavenly Mountain SkiResort. The lodge is authorized to be approximately 14,720 square feet in area with amaximum height of 38 feet 6 inches. The lodge will accommodate food and beverageservices, a small bar area, a 484 seat dinning area, restrooms and an exterior poured- in-place concrete deck on the southeast side of the building. Other authorized work shallinclude the relocation of a 200 foot segment of the existing summer maintenance road tothe east of the proposed building footprint and a service access road spur to the back ofthe lodge. Additional work will include the relocation of the existing 100-foot longchildren’s Magic Carpet ski school lift to the ‘Discovery Forest’ located to the east.

2. The standard conditions of approval listed in Attachment Q shall apply to this permit.

3. All construction details, best management practices (BMP5), and mitigation measuresoutlined in the FEIR/EIS/EIS for the Heavenly Mountain Resort Master Plan Amendment2007 are required whether or not explicitly discussed in this permit.

4. All design elements shall be consistent with the applicable section of the Forest ServiceBuilt Environment Image Guide for buildings on National Forest Lands as indicated in theHeavenly Mountain Resort Master Plan Amendment EIRIEIS/EIS Mitigation andMonitoring Plan section 7.5-27.

Heavenly Gondola Lodge Page 3 of 6030-030-O1/ERSP2009-351 7

5. Prior to final permit acknowledgement the following conditions of approval shall besatisfied.

A. The permittee shall revise the site plan to include:

(1) A note stating that any and all vegetation shall be consistent with therequirements of Chapter 30 of the TRPA Code of Ordinances, including thespecification for sizing and species type.

(2) Identification of construction equipment staging, material storage, andemployee parking areas. These areas shall be restricted to paved surfaces,areas adjacent to the building site and previously disturbed areas and shall befitted with temporary BMPs, including construction limit fencing. Temporarystaging and storage areas not located on paved surfaces shall be identified onthe site through use of vegetation protection fencing and erosion controlfencing where appropriate.

(3) A note indicating that all colors for the proposed structures will be paintedcolors that are consistent with approved color samples that will be submittedto TRPA prior to permit acknowledgment.

(4) A note indicating that any metal structures not painted a TRPA approved colorwill be acid treated to reduce reflectivity for scenic mitigation measures.

B. The permittee shall submit a projected construction completion schedule to TRPAprior to acknowledgment. Said schedule shall include completion dates for eachitem of construction demonstrating completion by Oct 15th of each constructionseason.

C. The permittee shall submit calculations demonstrating that the proposed infiltrationfacilities are sized accordingly for the slope and soil type of the property and willcapture and infiltrate a 20 year/i hour storm event.

D. The permittee shall submit a detailed plan of construction outlining all elements ofconstruction including methods of construction, construction access, equipmenttypes, dust control, construction schedule, cleanup operations, temporary BMPs, andsite restoration and permanent BMP installation.

E. The permittee shall submit a BMP maintenance and monitoring plan detailing theannual maintenance for all BMPs installed on the property.

F. The security required under Standard Condition B of Attachment 0 shall be equal to110 percent of all required Best Management Practices required for the project, butnot less than $10,000. Please see Attachment J, Security Procedures, forappropriate methods of posting the security and for calculation of the requiredsecurity administration fee.

Heavenly Gondola Lodge Page 4 of 6030-030-OilERS P2009-3517

G. The permittee shall comply with all applicable Mitigation and Monitoring measures inaccordance with the approved Heavenly Mountain Resort Master Plan AmendmentEIR/EIS/EIS.

H. The permittee shall provide (3) three sets of the final plans for TRPAAcknowledgement.

6. The new Gondola Lodge is conditionally permitted for use or operation during off winterseason day use periods providing that the relocation/transfer of CFA will occur once thebuilding is open and ready for summer use and is subject an additional security and finalTRPA inspector approval.

7. Per the amended TRPA Soils/Hydrological approval dated December 24, 2009, thepermittee shall not excavate more than twenty (20) feet below ground surface (bgs) for thenew lodge as measured at the location where the floor meets the foundation wall. Alloriginal conditions of the Soils/Hydrological approval shall be adhered to.

8. All work associated with this permit requiring use of any heavy equipment or vehicles shalltake place within existing compacted roadways or along existing compacted dirt shoulders.Any work requiring minor temporary disturbance to existing vegetation or undisturbedareas shall employ the use of land mats and other protective devices.

9. All areas temporarily disturbed by construction shall be immediately (within 48 hours)reseeded/re-vegetated and mulched.

10. All temporary soil stockpiles shall be appropriately covered with tarps and contained bytemporary erosion control fences and/or coir logs with gravel bags.

11. No grading or excavation shall be permitted except as shown on the plans for building andparking improvements.

12. Where and when suitable, excess excavated material from lodge area is allowed to beutilized in areas adjacent to lodge providing these areas are stabilized with a TRPA revegetation prescription plan. Any excess material not used on site shall be hauled off siteto a TRPA approved location. No fills or re-contouring, other than those indicated onsubmitted approved plans shall be allowed.

13. All temporary erosion control structures must be maintained until disturbed areas arestabilized or sufficiently re-vegetated. Temporary erosion control structures shall beremoved once the site has been stabilized or re-vegetated.

14. Any and all new signs or changes to existing signs associated with the project shall bereviewed and approved in accordance with the Forest Service /TRPA MOU.

15. Any and all exterior lighting shall be consistent with TRPA Code of Ordinances, Chapter30, Section 30.8, Exterior Lighting Standards to be (downward facing, shielded, lowvoltage lighting standards).

16. The permittee is responsible for ensuring that the project meets all federal, state, andcounty regulations and design specifications.

Heavenly Gondola Lodge Page 5 of 6030-030-O1/ERSP2009-351 7

17. Any discovery of a TRPA sensitive species or species of interest shall immediately bereported to the TRPA Environmental Compliance Division and all construction shall cease.Any discovered nests, dens, or plant species locations shall be protected in accordancewith TRPA guidelines.

18. Any discovery of historic or cultural resources shall immediately be reported to the TRPAEnvironmental Compliance Division and all construction shall cease. Any discoveredhistoric or cultural resources shall be protected in accordance with TRPA regulation.

19. This approval is based on the permittee’s representation that all plans and informationcontained in the subject application are true and correct. Should any information orrepresentation submitted in connection with the project application be incorrect or untrue,TRPA may rescind this approval, or take other appropriate action.

20. The permittee is responsible for insuring that the project, as built does not exceed theapproved land coverage figures shown on the site plan. The approved land coveragefigures shall supersede scaled drawings when discrepancies occur.

21. Any normal construction activity creating noise in excess of the TRPA noise standardsshall be considered exempt from said standards provided all such work is conductedbetween the hours of 8:00 A.M. and 6:30 P.M.

22. This site shall be winterized in accordance with the provisions of Attachment Q by Octoberl5 of each construction season. All disturbed areas shall be stabilized with a 3-inch layerof mulch or covered with an erosion control blanket.

END OF PERMIT

Heavenly Gondola Lodge Page 6 of 6030-030-0 1 /ERSP2009-351 7

— TAHOE Mail Location ContactREGIONAL P0 Box 5310 128 Market Street Phone: 775-588-4547

PLANNING Stateline, NV 89449-5310 Stateline, NV 89449 Fax: 775-588-4527

AGENCY www.trpa.org

M[TIGATED STATEMENF NOSIGNIFICANTE-EEEcT

PROJECT DESCRIPTION: Construct new day skier lodgeRelocate surface ski lift (Magic Carpet)

APN 030-030-01

P ERM ITTEE: Heavenly Valley Limited Partnership FILE # ERSP2009-3571

COUNTY/LOCATION: El Dorado County, 4480 Lake Tahoe Blvd.

Staff Analysis: In accordance with Article IV of the Tahoe Regional Planning Compact, asamended, and Section 6.3 of the TRPA Rules and Regulations of Practice and Procedure, theTRPA staff has reviewed the information submitted with the subject project. On the basis of thisinitial environmental evaluation, Agency staff has found that the subject project will not have asignificant effect on the environment.

Determination: Based on the above-stated finding, the subject project is conditionally exemptfrom the requirement to prepare an Environmental Impact Statement. The conditions of thisexemption ar the conditions of permit approval.

Dat//

pi... o,cE:Ve

TR’utive

Response to Comments

Heavenly Mountain Resort 2010 Capital Projects Environmental Assessment

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ATTACHMENT C: RESPONSE TO COMMENTS

Nineteen comment letters were received during the 30 day comment period for the 2010 Capital Projects

Environmental Assessment (EA). Fifteen of these letters were in support of the Proposed Action; four

letters raised substantive comments, which are addressed below.

A. COMMENT LETTER SUBMITTED BY ROBERT CORONADO

NEPA

1. Because the National Environmental Policy Act (42 Sec. 4331) (NEPA) requires that all Federal

agencies, including the U.S. Forest Service, preserve “natural aspects of our natural heritage” and

“fulfill the responsibilities of each generation as trustee of the environment for succeeding

generations,” the focus of the Heavenly Mountain Resort 2010 Capital Projects Environmental

Assessment (EA) should be to fairly balance the preservation of the natural environmental of the

Lake Tahoe Basin with the economic expansion of the Heavenly Mountain Resort. This EA fails to

do so.

Forest Service Response:

As mandated by NEPA, the EA was prepared to fulfill the LTBMU’s requirements for analysis and

disclosure of potential environmental impacts of the Proposed Action. The following information from

Title I of NEPA is provided to demonstrate how the spirit and intent of NEPA is incorporated throughout

the EA to aid the Responsible Official in making a reasoned decision.

NEPA is codified at 42 United States Code (USC) Chapter 55. Section 102 of NEPA (42 USC § 4332)

contains the “action forcing” provisions that form the basic framework for federal decisionmaking. Per

Section 102, “the Congress authorizes and directs that, to the fullest extent possible: (1) the policies,

regulations, and public laws of the United States shall be interpreted and administered in accordance with

the policies set forth in this Act, and (2) all agencies of the Federal Government shall, among other things:

(A) utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural

and social sciences and the environmental design arts in planning and in decision making which

may have an impact on man's environment;

(B) identify and develop methods and procedures, in consultation with the Council on Environmental

Quality established by title II of this Act, which will insure that presently unquantified

environmental amenities and values may be given appropriate consideration in decision making

along with economic and technical considerations;”

Item (B), above, is further discussed in the response to Comment #2.



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Alternative 2 best meets the purpose and need and balances the recreational opportunities provided by

Heavenly with the conservation of natural resources. Alternative 2 does not expand the resort beyond the

SUP area boundary instead it would redistribute existing skier demand and guest services on the

mountain. I have specifically required Alternative 2 to incorporate BMPs and Project Design Features in

order to minimize or avoid effects to natural and cultural resources (EA, page 2-17). The Gondola Lodge

has been situated to take advantage of a previously disturbed area, the Galaxy chairlift alignment will take

advantage of a previously cut lift line, and new trail construction and snowmaking enhances the

distribution of skiers/riders and the recreational experience of the existing Galaxy pod. In addition, the

Easy Street Run HR Prescription on California Trail and trails in the Galaxy pod will require less energy

and water resources for snowmaking.

NEPA

2. On page 1-12, in the Resources Not Analyzed In Detail In This EA section, it states that, “It was

determined that the following resources would not require detailed analyses in the EA.” However,

an EA is required to contain a full analysis of all relevant environmental impacts for any major

Federal action, therefore full analyses of these issues and inclusion of the findings is required in

the EA.


In determining which issues and resources to analyze in detail in the EA, the LTBMU utilized direction

contained in Forest Service Manual (FSM) 1909.15 – NEPA Handbook. Issue identification is

specifically discussed in FSM 1909.15, Chapter 10, Section 12.4:

“There is no set of standard issues applicable to every proposal, so it is important for the responsible

official to consider a variety of laws, regulations, executive orders and input, with the help of the

interdisciplinary team. The responsible official approves the issues to be analyzed in depth by the

interdisciplinary team in the environmental analysis (FSM 1950.41). It is often helpful to

organize and group similar issues by common resource, cause-effect relationships, same or

common geographical area, or those linked to the same action.

As per FSM 1909.15, Chapter 10, Section 12.4, the CEQ regulations refer to issues as they relate to

environmental impact statements. As such, agencies shall reduce excessive paperwork by:

Discussing only briefly issues other than significant ones

Using the scoping process not only to identify significant environmental issues deserving of

study, but also to deemphasize insignificant issues, narrowing the scope of the environmental

impact statement process accordingly

For example, as part of the scoping process the lead agency shall:



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Determine the scope… and the significant issues to be analyzed in depth in the environmental

impact statement. … (40 CFR 1501.7[a][2])

Identify and eliminate from detailed study the issues which are not significant or which have been

covered by prior environmental review (1506.3), narrowing the discussion of these issues in the

statement to a brief presentation of why they will not have a significant effect on the human

environment or providing a reference to their coverage elsewhere. (40 CFR 1501.7[a][3])

Appendix A of the EA contains the Scoping Comments Summary Report, which identifies all comments

submitted by the public and agencies during the scoping period. As indicated in Appendix A, all

comments received were given appropriate consideration by the Responsible Official. All were

determined to be “Non-Significant Issues”; the rationale for this determination, by comment, is provided.

TRAFFIC

3. While the 2007 EIR/EIS/EIS determined that the Master Plan Amendment 07 would not increase

peak traffic beyond the levels estimated in the approved 1996 Final EIR/EIS/EIS, this assertion

must be substantiated in the EA by a summary of the empirical data supporting this claim.


It is well recognized and documented that traffic volumes in South Lake Tahoe have been declining for

the last decade. As indicated in Chapter 1 of the EA, the Responsible Official, through the

Interdisciplinary Team, determined that it was not necessary to analyze traffic-related issues for this

project, as traffic was analyzed in the 2007 EIR/EIS/EIS.

The EA tiers to the 2007 EIR/EIS/EIS for determinations of traffic-related issues. The 2010 Capital

Projects are qualitative in nature – meaning they were designed to support/maintain the visitors who are

already coming to the ski area, and not considered to attract additional visitation to a resort. Therefore,

these projects are not designed, nor likely, to produce measurable increases in visitation to the resort or

additional vehicular traffic in South Lake Tahoe.

Chapter 1 of the EA (page 1-13) has been updated with traffic volume data from the California

Department of Transportation in Table 1-1. This data indicates a trend of decreasing Average Annual

Daily Traffic (AADT) on Highway 50 through South Lake Tahoe since 1999.

TRAFFIC

4. … on page 1-12, the EA states that the Heavenly Mountain Resort is a founding partner in the

Coordinated Transportation System (CTS) intended “…to create a public /private partnership to

mitigate traffic and air quality impacts by improving transit operation in the Lake Tahoe Basin.

Heavenly continues [to] discourage the use of automobiles.” While this is an admirable goal, the

EA does not state how Heavenly Mountain Resort conducts this discouragement of the use of

automobiles and what the results from these efforts have been. The EA should substantiate these

claims with empirical data.



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Chapter 1 of the EA “Resources Considered But Not Analyzed in Detail in this EA” has been updated

with additional information on Heavenly’s on-going efforts to reduce traffic levels. In addition, Table 1-1

has been added to the EA, which provides information on Average Annual Daily Traffic volumes on

Highway 50 through South Lake Tahoe since 1999.

TRAFFIC

5. … what are the empirical data from the public/private partnership to monitor traffic and air

quality? Has traffic been reduced since the CTS’ Memorandum of Understanding became effective

and has the air quality improved? If so, these data should be clearly stated in the EA. If data are

not available to support these assertions then a full EIS must be conducted to fully analyze the

traffic and air quality impacts of expanding the Heavenly Mountain Resort.


The 2008 Regional Transportation Plan for the Lake Tahoe Basin (RTP), found that traffic volumes along

the US Highway 50 corridor through South Lake Tahoe have actually decreased. Based on Caltrans and

NDOT traffic counts, peak month traffic volumes in the South Shore have decreased by 20 percent from

the recorded high in 1988 with Annual Average Daily Trips (AADT) declining by 23 percent for the same

period (RTP p.15).1 The 2008 RTP shows a similar decline in the 8-hour average Carbon Monoxide

readings taken at the Stateline area since 1988 (near the base of the gondola) (RTP Appendix B, Regional

Emissions Analysis).

TRAFFIC

6. … the EA states that the 2007 EIR/EIS/EIS analysis estimated that “no new trips (and no

significant increase in vehicular miles traveled) … primarily due to decreased automobile trips in

the Lake Tahoe Basin…” However, the EA cites no summary of the data to support this assertion.


See Response to Comments #3, #4 and #5, above.

AIR

7. On the issue of traffic and parking, the EA fails to cite its compliance with Executive Order 13057,

Federal Actions in the Lake Tahoe Region, which requires the “control of airborne and other

sources of contaminants.” Similarly, this Executive Order requires “regional programs and

studies” to attain environmental threshold standards for “transportation” and “air quality” and

that Federal agencies, including the U.S. Forest Service, “support appropriate regional

transportation and air quality goals.”

1 The RTP can be found on the Tahoe Metropolitan Planning Organization website under the tab

“Mobility 2030” at www.tahoempo.org.



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Forest Service Response to Executive Order 13057- Federal Actions in the Lake

Tahoe Region

Comments 7, 15, 17, 19, 20, 21, and 22 cite portions of Executive Order 13057: Section 1-103.

This EO establishes a Federal Interagency Partnership on the Lake Tahoe Ecosystem and identifies the

Partnership members (federal agencies) along with fourteen areas of coordination. The comments

referenced above pulled out portions of these fourteen areas rather than recognizing them collectively and

acknowledging that there are considerations for recreation and economic goals. The EO is implemented

through a variety of coordinated programs - the Environmental Improvement Program (EIP) and under

the Lake Tahoe Restoration Act of 2000. The EIP works to support and attain environmental thresholds

on a Basin-wide scale. Project consideration of thresholds is considered and disclosed under project

NEPA and in coordination with the Tahoe Regional Planning Agency (TRPA).

Some portions of the projects are outside of the scope of this Executive Order (i.e., they are not located

within the Lake Tahoe Basin). The projects located within the Basin were reviewed and coordinated with

the TRPA (through Heavenly's 2005 Master Plan; 2007 Final Environmental Impact Statement and/or

through a 3/26/10 Mitigated Statement of No Significant Effect). The Forest Service disclosed the effects

on the resources in the EA.


In addition, The Forest Service fulfills its responsibility (in part) for compliance with the Federal

Interagency Partnership for the Lake Tahoe Basin found in EO 13057 through Heavenly’s on-going

contributions to annual capital equipment purchases and operating costs as a member of the South Tahoe

Area Transit Authority (STATA, formerly CTS). Participation in STATA implements air quality and

transportation goals and polices for the South Shore region of the Lake Tahoe Basin.

Project Design Features and Best Management Practices that are intended to lessen or avoid resource

impacts are included in the EA on pages 2-7 and 2-8, as well as in Table 2-3.

In addition, on March 24, 2010, TRPA Governing Board made a Finding of No Significant Effect for the

Gondola Lodge. The Board further found, based on evidence in the record, that the Gondola Lodge

complies with all applicable requirements of the TRPA Goals and Policies Plan, Plan Area Statements,

Code of Ordinances, and Environmental Threshold Carrying Capacities. The Board found the Gondola

Lodge project to be consistent with the MPA 07 and Final EIS, which indicated that no new vehicle trips

were likely to result.

CLIMATE CHANGE

8. … in the Climate Change section, the EA states that the individual construction components of the

economic expansion plan for the 2010 Heavenly Capitol Projects are of “such a minor scale” that

their impact in contributing to climate change need not be analyzed. However, all construction



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factors in the EA must be fully analyzed to determine their impact on the environment, including

climate change.

9. … the EA incorrectly states that climate change activities are “outside the U.S. Forest Service’s

control.” However, the U.S. Forest Service has control over the Heavenly Mountain Resort 2010

Capital Projects proposed actions that occur within its jurisdiction and it is obligated under NEPA

to act to reduce or mitigate the proposed actions that contribute to climate change.

10. … the EA fails to fully analyze the air emissions produced by the proposed snowmaking

infrastructure to be installed on the Perimeter and Galaxy trails. The amount of energy used in

operating the snowmaking machinery, as well as the amount of energy used to transport the water

used in the snow making process, must be analyzed for increases in CO2 and other greenhouse gas

emissions required to produce the 24.6 acres of new snow coverage.


Greenhouse gas (GHG) emissions were considered in proportion to the nature and scope of implementing

Alternative 2 including the potential to either affect emissions or be affected by climate change impacts.

There may be increases in GHG emissions from snowmaking, lift operations, and grooming. However,

taken individually, these components of the Proposed Action are of such a minor scale in the context of

global climate change that the quantification or qualification of direct, indirect, or cumulative effects

would be meaningless to a reasoned choice among alternatives.

There is uncertainty and unknown risk associated with the effects to climate change from a project as

small as the Proposed Action. It is not possible to discern significant effects on climate change as a result

of implementing the Proposed Action. This is due to the fact: (1) The Proposed Action affects only a

small area of National Forest System lands; and (2) as a result of the limited size and scope of the project,

the effects of the Proposed Action cannot be meaningfully evaluated under current science, modeling, and

policies. However, recognizing that energy efficiency can be indirectly associated with climate change,

the Proposed Action incorporates several features that reduce our contribution to climate change and

result in efficient energy use, including: utilization of efficient snow guns (EA, page 1-18), the lodge

design and operation will be LEED certified (EA, page 2-4), and implementation of the Easy Street Run

HR Prescription on all new trails U3, U4, 14, 15, and California Trail (EA, page 2-5 – 2-7).

In addition to these project specific energy efficiencies, Vail Resort has implemented an energy layoff

plan in which their goal is to reduce company-wide energy use by 10% in two years (EA, page 1-17

through 1-18).

As indicated in the EA above, in the context of global actions this project would not result in significant

effects to climate change.

Chapter 1 of the EA “Resources Considered But Not Analyzed in Detail in this EA” has been updated to

include additional information on addressing climate change in NEPA documentation.



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ENERGY

11. Executive Order 12902, Energy Efficiency and Water Conservation at Federal Facilities, requires

Federal agencies, including the U.S. Forest Service, to conduct a survey on the “grounds … owned

by the U.S,” including U.S. Forest Service lands, of the “energy or water consuming support

systems” for their impact on “climate…and related environmental concerns.” The Executive Order

also requires that the U.S. Forest Service make recommendations for the “installation of energy

conservation measures, including solar and other renewable energy and water conservation

measures.”


EO 12902 – Energy Efficiency and Water Conservation at Federal Facilities – specifically applies to

Federal structures and facilities, and does not apply to structures that are owned, and operated on National

Forest System lands by special use permittees. As per Section 107 of EO 12902, Federal building is

defined as “any individual building, structure, or part thereof, including the associated energy or water

consuming support systems, which is constructed, renovated, or purchased in whole or in part for use by

the Federal Government and which consumes energy and water.” Section 108 of EO 12902 defines

Federal facility as: “any building or collection of buildings, grounds, or structure, as well as any fixture or

part thereof, which is owned by the United States or any Federal agency or which is held by the United

States or any Federal agency under a lease-acquisition agreement under which the United States or a

Federal agency will receive fee simple title under the terms of such agreement without further

negotiation.” Note that EO 12902 (Section 306d) does apply to “government-owned contractor-operated

facilities.” However, this does not apply to Heavenly, as the Forest Service does not own buildings or

facilities within SUP area.

That being said, page 2-4 of the EA indicates that the Gondola Lodge “…design and operation would be

LEED certified for environmental efficiency and sustainability.” Furthermore, one of the objectives of

implementing the Easy Street Run Hazard Reduction Prescription on trails U3, U4, 14, 15, and California

Trail is to reduce consumption of electrical energy and water resources related to snowmaking by

reducing the height of existing surface cover including felled trees, large woody debris, stumps, and

boulders (EA page 2-5).

WATER

12. On page 3-1, in Heavenly’s 2007 Master Plan Amendment section, the EA states that the total

snowmaking acreage would increase by approximately 30 acres … “but should not result in a net

increase in water use/consumption due to changes in run prescriptions.” However, it is not clear

whether these prescriptions were supported by empirical data and whether this assertion is in

compliance with Executive Order 12902, Energy and Water Conservation at Federal Facilities,

which would require a survey of energy and water consuming systems, including water usage

increases, in the Heavenly Mountain Resort’s snowmaking acreage. The EA must clarify these

points.



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Heavenly will continue to address improvements to recreational experience while reducing the amount of

energy and water that is consumed in its snowmaking operations. With that being said, page 3-1 of the EA

provides a brief overview of the MPA 07 at full build-out for use in the cumulative effects discussions.

Regarding total snowmaking coverage at full build-out of the MPA 07, page 3-1 of the Final EA has been

updated to reflect this.

As discussed previously in the Response to Comment #11, EO 12902 specifically applies to Federal

structures and facilities, and does not apply to structures that are owned, and operated on National Forest

System lands by special use permittees. Thus, Section 302 of EO 12902: Energy and Water Surveys and

Audits of Federal Facilities is not applicable to Heavenly’s snowmaking operations.

WILDLIFE

13. … the EA states that there would be an “increase … of two lodge locations” and an “increase in

floor area and land coverage” and “an increase of 11,079 square feet as compared to the MP96 (5

percent increase).” However, it is unclear if this assertions are made in compliance with Executive

Order 13186, Responsibilities of Federal Agencies to Protect Migratory Birds, which requires

Federal agencies, including the U.S. Forest Service, to take action to design migratory bird habitat

principles…into agency plans “to promote the conservation of migratory bird populations” with

“an emphasis on species of concern.”


Page 3-1 of the EA provides a brief overview of the site-specific and programmatic analyses related to

build-out of the MPA 07 for use in the cumulative effects discussions of the EA. The Powderbowl Lodge

has already been site-specifically approved.

Goals and objectives for integrating bird conservation into forest management comes from numerous

sources, including: the January 2000 USDA Forest Service Landbird Conservation Strategic Plan, EO

13186 - Responsibilities of Federal Agencies to Protect Migratory Birds (2001), Partners in Flight (PIF)

specific habitat Conservation Plans for birds, and the January 2004 PIF North American Landbird

Conservation Plan. Furthermore, the 2008 Memorandum of Understanding between the USDA Forest

Service and the US Fish and Wildlife Service to Promote the Conservation of Migratory Birds (MOU)

strengthens migratory bird conservation through enhanced collaboration and cooperation between the

Forest Service, the United Stated Fish and Wildlife Service (USFWS) and other federal, state, tribal and

local governments. On National Forests, conservation of migratory birds focuses on providing a diversity

of habitat conditions at multiple spatial scales and ensuring that bird conservation is addressed when

planning for land management activities.

Specific to the 2010 Capital Projects EA, a Migratory Landbird Conservation Report was prepared to

document potential impacts to migratory birds and to summarize design features incorporated into the

2010 Capital Projects that are meant to eliminate or minimize impacts to landbirds. It was determined that



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there would be no impacts to migratory birds with implementation of project design features because

there were no bald eagles, spotted owls, or northern goshawks detected during surveys and because

mountain quail and hairy woodpecker habitat loss would not cause a loss of viability to those species

(EA, page 1-20). This report incorporates direction from all of the previously-mentioned sources

(including EO 13186) and is contained in the Project File at the LTBMU (Project Record Document 4).

VISUALS

14. … violations of the VQO will occur with the construction of the U3, U4, 14, and 15 ski runs, as

well as the proposed Gondola Lodge which will have a 14,750 square foot footprint and a 4,320

square foot concrete patio.


As discussed in the EA, the proposed lodge at the top of the gondola was referred to as “Von Schmidt’s

Lodge” in the MPA 07, and was conceptually sited slightly northeast of the currently proposed location.

After the MPA 07 was accepted, Heavenly completed a detailed site analysis at the top of the Gondola

and identified the ideal location for the lodge. Similarly, conceptual alignments of all four proposed trails

in the Galaxy pod are described in the MPA 07. The lengths and areas of these trails described in the

Proposed Action are slightly different from the MPA 07 and reflect contemporary trail planning and, in

some cases, avoidance of known cultural resources. However, all proposed projects are consistent with

the MPA 07.

As discussed in the Scenery Resources section of the EA (page 3-26), “Due to the topography of

Heavenly, proposed trails 14 and 15 would be visible in the middle and background view from outside the

ski area in Nevada (as shown in Figure 3.10-9 of the 2007 EIR/EIS/EIS).” While the Gondola Lodge

would require some tree removal, this structure would only be visible from the foreground view within

the top of the gondola area.

As a part of the Scenery Resources analysis for the EA (Section B), the aesthetic impacts of the proposed

changes within the SUP area were considered in relation to the overall existing development/recreational

theme of the resort and the VQO for the Heavenly Valley Management Area, which is managed for

“Alpine skiing.” As such, tree clearing for construction of the proposed Galaxy trails and construction of

the Gondola Lodge were determined to be consistent with current management direction by LTBMU

landscape architects and the Responsible Official. Design features such as revegetation, construction

materials and siting are incorporated into the projects and would minimize impacts to the visual resource.

Therefore, with the implementation of the 2010 Capital Projects, visual resources within the project areas

would continue to comply with the VQO of Partial Retention. (EA page 3-24)



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VEGETATION

15. … the EA describes the removal of 23.6 acres of vegetation for the construction of the proposed

U3, U4, 14, and 15 ski trails, as well as the removal of the 0.4 acres of vegetation for the widening

of the chair lift corridor. Not only would this be a violation of the U.S. Forest Service’s VQO, as

stated above, but it also would violate Executive Order 13057, Federal Actions in the Lake Tahoe

Region, which requires “vegetation management actions necessary to attain a healthy Lake Tahoe

ecosystem, including a program of revegetation … and promotion of forest health.”


See Response to Comment #14, above, regarding VQOs and Response to Comment #7 regarding EO

13057.

Per the Tahoe Regional Planning Compact, Article II - Definitions, the Lake Tahoe Region is defined as:

(a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas and Washoe Counties and Carson

City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe

Basin in the State of Nevada, and the adjacent parts of the counties of Placer and El Dorado lying

within the Tahoe Basin in the State of California, and that additional and adjacent part of the

county of Placer outside of the Tahoe Basin in the State of California which lies southward and

eastward of a line starting at the intersection of the basin crestline and the north boundary of

section 1, thence west to the northwest corner of section 3, thence south to the intersection of the

basin crestline and the west boundary of section 10; all sections referring to township 15 north,

range 16 east, M. D. B. & M. The region defined and described herein shall be as precisely

delineated on official maps of the agency.

The existing and proposed Galaxy lift and trail system is outside of the Lake Tahoe basin (see Figure 1),

therefore, EO 13057 – Federal Actions in the Lake Tahoe Region is not applicable to this project.

Nonetheless, the 2010 Capital Projects EA is consistent with the spirit and intent of this EO, which

created a Federal Interagency Partnership and is designed to ensure that Federal agency actions protect

the extraordinary natural, recreational, and ecological resources in the Lake Tahoe Region.

WILDLIFE

16. … the EA states that the 2007 EIR/EIS/EIS identified suitable nesting habitat for the northern

goshawk in the forested areas surrounding the project site. Executive Order 13186, Responsibilities

of Federal Agencies to Protect Migratory Birds, requires Federal agencies, including the U.S.

Forest Service, to take action to “promote the conservation of migratory bird populations”

including “programs for endangered species and uncommon species” (emphasis added). It is

unclear if the EA or the EIS cited took this requirement into consideration.



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See Response to Comment #13, above, regarding EO 13186.

Per the EA (page 3-52) Northern goshawks have been detected in the stand of trees that is proposed to be

modified for construction of trails U3 and U4. The last detection was in 2005. Dawn acoustical surveys in

the Daggett Creek drainage and broadcast surveys have been performed annually since the last detection

with no observations. In the years that detections were recorded, no nest tree was ever located; therefore

the stand is likely utilized for foraging. The potential does exist for northern goshawks to occupy the

project area prior to commencement of construction. As no northern goshawks have been detected in the

last four survey seasons, no direct impacts to this species would result from implementation of the

Proposed Action.

WETLANDS

17. … the EA states that a mitigation wetland area is present along Daggett Creek on U.S. Forest

Service lands. Executive Order 13057, Federal Actions in the Lake Tahoe Region, requires Federal

agencies, including the U.S. Forest Service, to “support appropriate action to improve the water

quality of Lake Tahoe [Basin] through all appropriate means, including “restoration of

…wetlands.” It is unclear if the EA or the EIS cited above took this requirement into

consideration. Under the law, the U.S. Forest Service would be required to enhance this wetland

area.


Page 1-13 of the EA discloses the existence of a wetland in the Galaxy pod, along a portion of the

Daggett Creek Drainage. The Galaxy pod is outside of the Lake Tahoe Region, and therefore EO 13057 is

not applicable (Refer to Figure 1 of the EA, and the response to Comments #7, 15). Nonetheless, as is

indicated in the EA, the new lift alignment would span the wetland where the lift crosses the drainage,

similar to the existing lift design; this is true for trail construction and snowmaking line installation, as

well. Therefore, as is stated in the EA, all wetland impacts would be avoided.

NOISE

18. … the EA states that “[n]oise from construction activities has [the] potential to impact the

suitability of habitats adjacent to the project location” and “[t]he introduction of snowmaking

[machinery] into the Galaxy pod area would increase noise and [human] activity in the area and

have the potential to decrease the suitability of habitat for northern goshawks and California

spotted owls.”

19. It is unclear if the EA properly analyzed the requirement under Executive 13186, Responsibilities

of Federal Agencies to Protect Migratory Birds, which requires an “assessment of information on

environmental contaminants and other physical or biological stressors having potential relevance

to migratory bird conservation. In addition, Executive Order 13057, Federal Actions in the Lake

Tahoe Region, requires Federal agencies, including the U.S. Forest Service, to “support regional

programs for “noise [reduction].”



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See Response to Comment #13, above, regarding EO 13186.

See Response to Comments #7, 15, above, regarding EO 13057. Note that the Galaxy pod is outside of

the Lake Tahoe Region.

WILDLIFE

20. … the EA states that “[t]he removal of 17.21 acres of habitat will not result in a decrease in the

viability of the population of mountain quail.” However, the EA is unclear if this assertion

complies with Executive Order 13057, Federal Actions in the Lake Tahoe Region, which requires

Federal agencies, including the U.S. Forest Service, to “support … wildlife restoration programs

for the Region, including programs for endangered species and uncommon species.”


See Response to Comment #7, 15, above, regarding EO 13057.

The 17.2 acres of habitat removal are related to construction of trails U3, U4, 14 and 15, which are

outside of the Lake Tahoe Region and therefore EO 13057 is not applicable (refer to Figure 1 of the EA,

and the response to Comment #15). Nonetheless, the EA further discloses the direct impacts to mountain

quail by offering some perspective for the impacts of this 17.2 acres of habitat removal: “Habitat trends

for mid seral coniferous forest has increased in the last decade from 21 percent to 25 percent of the acres

on National Forest System Lands. Currently there are 2,766,000 acres of mid seral coniferous forest

habitat on National Forest System Lands. The decrease of 17.2 acres of mid seral forest will have no

effect on this species.

VEGETATION

21. … in the Tahoe draba section, the EA states that “[s]uch plants are vulnerable to any activity

resulting in habitat destruction.” It is unclear if the EA has properly complied with Executive

Order 13057, Federal Actions in the Lake Tahoe Region, which requires Federal agencies,

including the U.S. Forest Service, to “support … wildlife [defined to include plant life] restoration

programs for the Region, including programs for endangered species and uncommon species.”



Tahoe draba are vulnerable to any activity resulting in habitat disturbance. However, the EA goes on to

define potential direct and indirect impacts from implementation of the 2010 Capital Projects on this R5

Sensitive plant (page 3-66):

“While blasting and construction activities associated with the ESRHR Prescription on California Trail

have the potential to impact the existing draba population, Project Design Features (PDFs) have been

incorporated to protect the existing Tahoe draba population located on California Trail in the form of



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identification of draba locations, a 165-foot buffer zone between known populations and proposed

disturbance, and covering of plants to protect during blasting activities. Implementation of these PDFs

will prevent any direct and indirect impacts to the draba population located on California Trail.

Approximately 8.7 acres of California Trail have been identified as suitable habitat for Tahoe draba. Of

this, 4.2 acres of unoccupied habitat are proposed to receive the ESRHR Prescription. The EA indicated

that suitability of habitat should remain high as the ESRHR Prescription does not include chipping of any

woody material or use of straw, hay or any organic material that could increase ground cover and litter in

the area, thereby decreasing habitat suitability.”

WATERSHED

22. … in the Soil Erosion section, the EA states that “measurable soil loss or sediment yield only

occurred under modeling of snowmaking corridors.” It is unclear if the EA has properly complied

with Executive Order 13057, Federal Actions in the Lake Tahoe Region, which requires Federal

agencies, including the U.S. Forest Service, to take “action to improve the water quality of Lake

Tahoe through … restoration … of [all] parts of the watershed … and control … sources of

contaminants [including eroded soil and sediments].”



On page 3-78 of the EA, it is disclosed that: “This analysis assumes that 16.7 acres of ground disturbance

would occur under Alternative 2 that could result in measureable erosion.” The bulk of this (15.2 acres) is

related to installation of snowmaking lines in the Galaxy pod, which is outside of the Lake Tahoe basin,

and therefore EO 13057 is not applicable (refer to Figure 1 and the response to Comment #15). The

remaining ground disturbance is in-basin, and is related to construction of the Gondola lodge and the

realigned access road. Best Management Practices and Project Design Features are included in the EA to

reduce the potential for erosion and sedimentation associated with all of these projects. Note that the

Proposed Action does not include installing additional snowmaking infrastructure on California Trail.

B. COMMENT LETTER SUBMITTED BY AMY SMITH

23. Heavenly is too close to the lake and this expansion will further damage the lake and harm the

wildlife.


All potential impacts to wildlife habitat and water quality are documented throughout Chapter 3 of the

EA.

C. COMMENT LETTER SUBMITTED BY ROBERT GIBBS

24. … they can’t keep the trash from blowing as it is right now… Let them clean up the area and

neighbors’ area for a couple years see if they can do a better job for what they are ready need to

care for.



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Heavenly has a large number of trash receptacles located throughout the SUP area and diligently pursues

trash collection. Trash receptacles are located throughout the base area parking lots and adjacent streets.

Furthermore, Heavenly stages an annual neighborhood clean-up day each spring.

D. COMMENT LETTER SUBMITTED BY MIKE SHARP

25. Cutting trees affects the quality of the snow. Plant the off-camber run at Dipper Knob to make up

for the new runs at Galaxy.


Implementing snowmaking in the Galaxy pod would increase the consistency of the terrain (EA

page 3-12). Planting trees at Dipper Knob is beyond the scope of this project.

heavenly mountain resort 2010 capital projects...

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