HomeMy WebLinkAbout20140187.tiff United States Forest Arapaho and Roosevelt 2150 Centre Avenue,Building E
USDA Department of Service National Forests and Fort Collins,CO 80526-8119
Agriculture Pawnee National Grassland Voice: (970)295-6600 TDD: (970)295-6794
Web: www.fs.usda.gov/arp
Fax: (970)295-6696
File Code: 2360
Date: January 13, 2014
Board of Commissioners
Weld County
P.O. Box 758
Greeley, CO 80632
Dear Commissioners:
In response to the Colorado Flooding Emergency Declaration and Colorado Flooding Major
Disaster Declaration (4145), the Arapaho and Roosevelt National Forests and Pawnee National
Grassland (ARP) is proposing to negotiate a Programmatic Agreement (PA) with the Colorado
State Historic Preservation Office (SHPO), the Advisory Council on Historic Preservation
(ACHP) and any other interested parties to streamline the National Historic Preservation Act
(NHPA) consultation process for the implementation of undertakings in response to declared
emergencies and hazardous environmental conditions.
Heavy and sustained rain fell during September 11-18 2013 in Northern Colorado east of the
Continental Divide causing extreme flooding events throughout Adams, Arapahoe, Boulder,
Broomfield, Clear Creek, Denver, Fremont, Jefferson, Morgan, Larimer, Logan, Pueblo,
Washington and Weld counties. President Obama signed the Colorado Emergency Declaration
in response to the flood events on September 12, 2013. Two days later President Obama signed
a Major Disaster Declaration on September 14, 2013 (DR-4145).
The Arapaho and Roosevelt National Forests and Pawnee National Grasslands (ARP) manage all
National Forest System lands (NFS) within Boulder, Clear Creek, Gilpin, Grand, Larimer and
Weld counties in Colorado. The flooding damaged NFS facilities and infrastructure as well as
other resources. Additionally, much of the access to the Forest is on roads which connect from
Federal or State highways or county roads that have substantial damage or were destroyed.
In addition to the recent floods, the Arapaho and Roosevelt National Forests have been
experiencing extreme changes in environmental conditions. A bark beetle infestation has been
killing pine trees on the Forest since 2001. The ARP has been in the epicenter of this epidemic
with 70-80% of our forested areas affected. This increase of dead trees has increased the
incidence of large complex fires, creates public safety issues from falling trees and has affected
the watersheds and the soil's ability to absorb runoff, contributing to an increase in landslides,
mudslides and flooding. An additional complication for the ARP is our complex land ownership
pattern. Privately owned parcels are interspersed throughout the forested areas have homes on
them and large urban areas are very close to the Forest boundaries. The ARP expects to have a
complex fire with associated mudslides and threats to private homes potentially every other year.
These extreme environmental conditions are expected to continue, with the potential for declared
emergencies and emergencies that cover multiple land management agencies well into the future.rg
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Caring for the Land and Serving People „�
The purpose of this proposed PA is to streamline reporting/review and consultation procedures
after natural disasters, to provide a process for compliance with Section 106 when environmental
conditions are deemed to be too dangerous to conduct pedestrian field inventories and to identify
undertakings that can be managed in such a manner that affects to historic properties can be
minimized.
Enclosed is a draft of the proposed agreement. If you have questions regarding this proposed
Programmatic Agreement or wish to participate in the development of this PA, please feel free to
call Sue Struthers at (970) 295-6622. Written comments may be sent to Ms. Struthers at the
address above or electronically at sstruthers@Is.fed.us.
Sincerely,
/i_ GLENN P. CASAMASSA
,n_ Forest Supervisor
Enclosure
ARP PA Emergency/Hazardous Work Environment Draft#2 Jan. 8, 2014
PROGRAMMATIC AGREEMENT
AMONG
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
THE COLORADO STATE HISTORIC PRESERVATION OFFICE
AND
THE U.S.D.A. FOREST SERVICE
ARAPAHO AND ROOSEVELT NATIONAL FOREST
AND PAWNEE NATIONAL GRASSLAND
REGARDING THE EXPEDITED REVIEW OF ROUTINE MAINTENANCE,
OPERATIONAL AND RESTORATION UNDERTAKINGS
AND
IMPLEMENTATION OF UNDERTAKINGS IN RESPONSE TO DECLARED
EMERGENCIES
AND HAZARDOUS ENVIRONMENTAL CONDITIONS
WHEREAS, the USDA, Forest Service, Arapaho and Roosevelt National Forests and
Pawnee National Grassland (Forest) are authorized by the Organic Administration Act
(16 U.S.C. 551) and the National Forest Management Act of 1976 (P.L. 94-588, 90
Stat. 2949) and others; and
WHEREAS, the Forest is committed to preserving and fostering appreciation of
heritage resources on and related to National Forest System Lands in relationship to
such laws as the National Historic Preservation Act, as amended (NHPA) (1992; P.L.
89-665, 80 Stat.915); and
WHEREAS, the Forest intends to coordinate its compliance with Section 106 of the
NHPA (Section 106) with the applicable requirements of the National Environmental
Policy Act (NEPA) (42 U.S.C.4321-4347) pursuant to 40 CFR § 1500-1508; and
WHEREAS, the Forest is involved in undertakings that may potentially affect historic
properties, and are required to take into account the effects of any undertaking on such
historic properties pursuant to "Protection of Historic Properties" (36 CFR Part 800);
and
WHEREAS the Forest is increasingly responding to disasters including but not limited
to floods, fires, mudslides, tornados, and large scale mortality of forests. Some of
which are declared emergencies by the President, tribal government, Governor of a
State; and
WHEREAS, the Forest has determined these response actions constitute undertakings
under Section 106; and
WHEREAS, the Forest has determined these undertakings proposed after a natural
disaster may affect historic properties and have consulted with the Colorado State
Historic Preservation Officer (SHPO) pursuant to Section 800.14(b) of the regulations
(36 CFR PART 800), implementing Section 106; and
ARP PA Emergency/Hazardous Work Environment Draft #2 Jan. 8, 2014
WHEREAS, for the purposes of this agreement environmental disasters are those
events that are of a large enough scale to disrupt several land management
jurisdictions, and/or require specialized management teams and are identified or
designated as such by the relevant Forest Supervisor; and
WHEREAS, the Forest has developed this agreement to streamline the review,
reporting, and consultation requirements for undertakings proposed in response to
natural disasters, and for undertakings proposed in environmental conditions where
hazards to staff conducting pedestrian surveys cannot be mitigated; and
WHEREAS, the Forest proposes to continue administering a cultural resource
program within areas of bark beetle epidemic, stands of dead, dying and otherwise
declining tree stands in which, for safety reasons, pedestrian cultural resource
inventories cannot be conducted; and
WHERAS, this agreement also identifies routine maintenance, operational and
restoration undertakings that may be exempt from further review and consultation
because they are unlikely to affect historic properties; and
WHEREAS, the Forest has invited the Advisory Council on Historic Preservation
(ACHP) to participate in consultation pursuant to 36 CFR§§ 800.6(a)(I) and
800.14(b) and the ACHP has elected to participate; and
WHEREAS, the Forest has consulted with the Kiowa,Northern Ute, Northern
Arapaho, Northern Cheyenne, Oglala Sioux, Pawnee, Rosebud Sioux, Shoshone,
Southern Ute, Southern Cheyenne, Southern Arapaho and Ute Mountain Ute Tribes
(Tribes) in developing this agreement; and
WHEREAS, the Forest has consulted with the Colorado counties of Boulder, Clear
Creek, Gilpin, Grand, Larimer, and Weld as Local Governments;
NOW, THEREFORE, the Forest, ACHP, and SHPO agree that undertakings in
response to restoration following natural disasters, undertakings in hazardous
environmental conditions, and routine maintenance, operational and restoration
undertakings shall be administered in accordance with the following stipulations to
satisfy the Forest's Section 106 responsibilities for these individual.
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STIPULATIONS INDEX Page
A. Scope and Objectives 4
B.) Management of Undertakings in Response to a Natural Disaster
1) Exempt Actions or Treatments 4
2) Consultation Conducted During the NEPA Scoping Process 4
a) NEPA Scoping Process
b) Native American Consultation
c) Local Government and Public Consultation
d) Unusual or Controversial Projects.
3) Reporting and Consultation Procedures 5
a) Reporting Process for Negative Results Reports
b) Alternate Report Process with Standard Treatments
c) Process with Phased Reporting.
4) Standard Treatments for Historic Properties 10
C. Undertakings within Hazardous Environments I 1
1) Procedures for Managing Cultural Resources within the Hazardous
Environments after Emergency Situations
a) Existing Data Review
b) Job hazard analysis (JI-IA) and a risk assessment (RA)
c) No Field Inventory Actions (NFI)
d) Resource Benefit Actions (RBA)
C. Third party undertakings/projects 12
E. Annual Summary 12
ADMINISTRATIVE STIPULATIONS 12-15
Appendix A —Exempt Actions 16
Appendix B —Survey Strategy 32
Appendix C—Definitions 35
Appendix D—Annual Report Format 41
Appendix E- Process for NEPA Analysis 42
Appendix F- Safety Guidelines and Procedures 45
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STIPULATIONS
The Forest shall ensure that the following Stipulations are implemented:
A. SCOPE AND OBJECTIVES
1) The Purpose of this agreement is to provide a streamlined review and reporting
process for undertakings:
a) restoration activities in response to environmental disasters.
b) in hazardous environmental conditions, and
c) or routine maintenance, operational and restoration activities.
Due to changes in the environmental conditions the Forest is experiencing
environmental disasters on a very frequent basis; many of these receive State
and/or Federal Declarations of Emergency. These emergencies include but are not
limited to floods, fires, large scale forest mortality events, and mud slides.
For the purposes of this agreement environmental disasters are those events that
are of a large enough scale to disrupt several land management jurisdictions,
and/or require specialized management teams, and are identified or designated as
such by the relevant Forest Supervisor.
2) The purpose of this agreement is to provide an alternative to pedestrian
inventories in areas where the environmental conditions are too hazardous to
complete pedestrian inventories for undertakings. Recent extreme changes in
environmental conditions, such as drought and pine beetle infestations, large
stands of trees have died, leaving the trees susceptible to wind throw. Large stands
of trees may pose a hazard to people conducting pedestrian inventories.
Following a natural disaster the restoration activities may be required in areas that
have increased hazards to people conducting pedestrian surveys. For example
flooding can increase the potential for unstable soils, undercut banks, and increase
the accumulation of potentially hazardous waste. Fires can cause an increase in
unstable soils, damaged trees, mudslides and slumping.
B. MANAGEMENT OF UNDERTAKINGS
2) Exempt Actions or Treatments
Certain classes of actions or treatments have little or no potential to affect historic
properties and are exempt from further review and/or consultation under the terms
of this agreement. Forest Managers, planners and heritage staff are not required to
notify or consult with the SHPO, tribes, or other parties on these undertakings or
activities unless they have reason to believe that a specific undertaking may affect
historic properties. Detailed descriptions of the exempt undertakings are included
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in Appendix A. Exempt undertakings may be added or deleted from Appendix A
with agreement between the Forest and the SHPO.
3) For Projects Where an Environmental Impact Statement or Environmental
Assessment Will be Completed, Consultation with Tribes, Local Governments
and the Public Shall Be Conducted During the National Environmental Policy
Act Scoping Process
a)NEPA Scoping Process
The Forests shall use the NEPA scoping process and other means necessary to
help identify consulting parties and interested parties, and communicate with the
public as required in 36 CFR § 800.3(e)-(f).
b) Native American Consultation
i. During the NEPA scoping process the Forests will ensure that
representatives of Indian tribes, including but not limited to the Ute
Mountain Ute, Southern Ute, Northern Ute, Northern Arapaho, Southern
Arapaho, Northern Cheyenne, Southern Cheyenne, Jicarilla Apache and
Shoshone, are consulted to identify properties of traditional religious and
cultural significance that may be located within the project area. Tribes
will also be consulted to obtain their views on determinations of
eligibility. Field visits will be arranged to visit significant sites located
previously and to identify areas of potential importance to Indian tribes.
ii. If during the field inventory for cultural resources, sites are located that
may have traditional cultural and religious significance to Indian tribes
or other interested parties, the Forest will conduct additional
consultation with SHPO and the affected Indian tribes or other interested
parties. This consultation will include determinations of eligibility as
appropriate.
c) Local Government and Public Consultation
i. During the NEPA scoping process the Forests will ensure that
representatives of local governments, local historical societies and the
public are consulted to identify properties of historic significance that
may be located within the project area. Local governments and the
public will also be consulted to obtain their views on determinations of
eligibility. Field visits will be arranged to visit significant sites located
previously and to identify areas of potential importance to the local
public.
ii. If during the field inventory for cultural resources sites are located that
may have special historic significance to interested parties, the Forest
will conduct additional consultation with SHPO and the interested
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parties. This consultation will include determinations of eligibility as
appropriate.
d) Unusual or Controversial Projects.
If the Forest or the Forest Heritage Staff determine through the NEPA
scoping that a proposed project has elements that are too unusual or too
controversial to be covered by the stipulations in this Agreement, the Forest
will follow the process specified in federal regulations, "Protection of
Historic Properties" (36 CFR §§ 800.3 through 800.6).
3) Reporting, Review And Consultation Procedures.
The following reporting and consultation process will be followed for all
disaster response restoration undertakings and undertakings in hazardous
environmental settings. The Forest may follow one of the three following
processes. They are (1) reporting a negative results inventory, (2) reporting
after project implementation utilizing Standard Treatments (Standard
Treatment) and (3) reporting during project implementation with cultural
resource reporting conducted in phases (Phased Reporting).
a) Reporting Process for Negative Results Reports
In the cases in which the field survey for an undertaking identifies no
cultural resources, or in which only isolated finds were identified, the Forest
shall follow the procedures outlined in the Programmatic Agreement
Regarding the Reporting of Negative Results Cultural Resource Inventories,
signed by all of the Colorado Forest, SHPO and the ACHP in 2009. This
stipulation will be in force as long as the Negative Results agreement is in
place.
b) Alternate Report Process with Standard Treatments
For undertakings where the project will be implemented before the final report
is submitted to SHPO/Tribes/CLG and SHPO/Tribe/CLG is offered the
opportunity to review the eligibility determinations of resources located
during inventory, the following procedures will be used:
i) The Forest will submit a letter of notification to the SHPO/Tribe/CLG
containing information about the Area of Potential Effect (APE), High
Potential Areas and proposal to use the Standard Treatment reporting
process. If the Forest does not submit a letter of notification to SHPO
prior to the field investigation for each related action, the Forest will
follow the process specified in federal regulations, "Protection of Historic
Properties" (36 CFR § 800).
ii) The Forest will consider all cultural resource sites located during the
field inventory to be historic properties and will utilize the standard
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treatments (Stipulation F) to protect cultural resources. The Forest will
proceed with the implementation of the project prior to the report
submittal. The signatories agree to a finding of no adverse effect on a
project by project basis when the standard treatments will be
implemented. The cultural resource inventory reports shall be completed
after the project implementation and shall be consistent with SHPO
guidelines. The report will include documentation of all previously
recorded and newly recorded heritage resources, and deteimination of
National Register eligibility for each heritage resource.
iii) The Forest will submit the report for comment on eligibility of resources,
to other consulting parties after project implementation,provided that
confidential information will be protected from disclosure to the public in
accordance with 36 CFR § 800.11 (c). The report will document a finding
of no adverse effect documenting the use of standard stipulations and
resource avoidance, pursuant to 36 CFR § 800.5(b), for the undertaking.
iv) SHPO will only comment on eligibility of the sites if they do not concur
with the Forest's determination of eligibility. SHPO will have thirty days
to comment after receipt of the final report; comment may be by verbal
communication, email or formal letter. If the SHPO does not comment on
the project, the Forest will assume SHPO concurrence with eligibility
determinations at the end of 30 days and will place a memo in the Forest
project file and internal databases regarding the official detennination of
eligibility.
v) If the Forest Service determines that adverse effects cannot be avoided,
the Forest will consult further with the SHPO and other consulting parties
in accordance with 36 CFR § 800.6 to resolve the adverse effects. The
final cultural resource report will be submitted and SHPO concurrence
will be received before the project is implemented. Project implementation
will not proceed until the adverse effects are resolved with all consulting
parties.
c) Process with Phased Reporting.
For undertakings where the project will be implemented before the final report
is submitted, the following procedures will be used:
i) The Forest will submit a letter of notification to the SHPO/Tribe/CLG
containing information about the APE, High Potential Areas and proposal
to use Phased Reporting for the related undertaking. If the Forest does not
submit a letter of notification to SHPO prior to the field investigation for
each related action, the Forest will follow the process specified in federal
regulations, "Protection of Historic Properties" (36 CFR Part 800).
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ii) The SHPO will assign a tracking number for the project and will send
that tracking number to the Forest project contact. The tracking number
may be sent by verbal communication, email or formal letter. All
addendums to this report will have the tracking number, addendum
number, and project name in the title.
iii) The Forest shall not treat every cultural resource as a historic property
and will use the Standard Treatments only for sites determined, based on a
field examination and consultation with the SHPO/Tribe, to be eligible.
iv) The Forest will submit an initial cultural resource inventory report, and
will consult on the eligibility of individual sites as they are recorded.
The initial cultural resource report shall consist of the following:
• Cultural Resource Survey Management Information Form.
• Title Page
• Abstract
• Table of Contents
• Introduction
• Environment
• Culture History/Context and Previous Work
• Statement of Objectives and Research Design
• Field/Lab Methods
• References Cited
The initial report shall be submitted to SHPO for review and comment
after the project plan has been approved, and after notification of the
phased reporting process has been sent to SHPO, but before project
implementation. The report will document a finding of no adverse effect,
pursuant to 36 CFR § 800.5(b), for the undertaking.
v) As cultural resource sites are located during the field inventory, each site
will be recorded to Colorado Office of Archaeology and Historic
Preservation (CO OAHP) standards. Site forms, a description of each
resource, and site eligibility determinations will be sent to SHPO/Tribes as
an addendum to the initial report during the field inventory, as the sites are
located. Previously recorded sites will have a re-visitation form filled out
to SHPO standards.
vi) The cover letter and site forms for each phase of the report will be
submitted electronically. The hard copy forms will be submitted with or
prior to the final phase of the report.
vii) SHPO/Tribes will comment on eligibility of the sites only if they do not
concur with the Forest's determination of eligibility. SHPO/Tribe will
have two weeks to comment; comment may be by verbal communication,
email or formal letter. The Forest will wait a full two weeks (14 calendar
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days) for notification from SHPO that they do not concur with the
eligibility determination. The Forest will assume SHPO concurrence with
eligibility determinations at the end of two weeks and will proceed with
the project implementation utilizing the appropriate standard treatments
for eligible sites.
viii) All sites that are field evaluated as eligible, and/or sites where SHPO
has not concurred with the Forest's determination of eligibility, will be
treated with the Standard Treatment for eligible sites (Stipulation). The
signatories agree to a finding no adverse effect when standard treatments
will be implemented on a project by project basis.
ix) After project implementation but no later than six months after
implementation, the final reporting phase will include an evaluation of the
survey strategy, evaluation of effectiveness of Standard Treatments, a list
of all sites recorded during the project, summary, and conclusions from
the entire project. All phases of the cultural resource inventory reports
shall be consistent with SHPO guidelines including documentation of all
previously recorded and newly recorded heritage resources, and a
determination of National Register eligibility for each heritage resource.
x) The Forest will submit the report for comment on eligibility
determinations to other consulting parties, provided that confidential
information will be protected from disclosure to the public in accordance
with 36 CFR § 800.11 (c). The report will document a finding of no
adverse effect, pursuant to 36 CFR § 800.5(b), for the undertaking.
xi)For historic built environment sites; if the Forest Service determines that
adverse effects cannot be avoided, or if SHPO objects to a determination of
eligibility and finding of no adverse effect, the Forest and SHPO agree that
one of the following actions wilt sufficiently mitigate the adverse effect to
the historic property:
(A) Photo-documentation will consist of the following:
• One site overview on 35mm (or larger as appropriate) black
and white negative.
• All accessible elevations of each standing structure will be
photographed with a 35mm (or larger as appropriate) black and
white negative,
• All prints will be produced using archival developing
processes.
• Within 14 days of completion the FS shall submit the archival
photo-documentation report to SHPO for review and
comments. The SHPO shall have 14 days for review and
comments. Upon acceptance of the archival report, the FS will
provide an original of the archival report to the SHPO.
Acceptance of the photo-documentation report by the SHPO
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shall conclude the mitigation of the adverse effect for this
property.
(B) Interpretive Signs
(C) Web based Interpretation
xii) For prehistoric and or historic archaeological sites; if the Forest Service
determines that adverse effects cannot be avoided, or if SHPO objects to a
determination of eligibility and finding of no adverse effect, the Forest
will consult further with SHPO and other consulting parties in accordance
with 36 CFR § 800.6 to resolve the adverse effects, including notifying
ACHP of the determination of adverse effect. Project implementation will
not proceed until the adverse effects or determination of eligibility is
resolved with all consulting parties.
6) Standard Treatments for Historic Properties
Standard Treatments shall be included in the NEPA specialist report and NEPA
decision document as design criteria for the protection of heritage resources.
The standard treatments below will be included for each type of action in an
undertaking:
a) Activities involving hazardous tree removal, grapple piling, mechanical
treatment, skid trails and landing areas
When sites that are evaluated as field eligible historic properties are located
during the field inventory, no mechanical treatment will occur within the site
boundary plus a 50 foot buffer around the site. If treatment is necessary, these
sites and the 50 foot buffer will be hand-treated for hazard trees and
accumulated fuel build up utilizing the treatment options in Stipulation B.
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b) Activities involving road construction, temporary road construction and skid
trails.
When sites that are evaluated as field eligible historic properties are located
during the field inventory, a 50 foot buffer around the site will be
established. The road control line will be moved to avoid the site and the 50
foot buffer area. If the undertaking consists of construction and there is the
potential for unidentified buried cultural remains, the location will be moved
to avoid the site and the construction activities in the area will be monitored
by an archaeologist.
c) Activities where culturally modified trees maybe felled, limbed or removed.
Any culturally modified trees found will be photographed with 35mm black
and white film, and will be mapped using GPS. The photos will be developed
using standard archival techniques. The photos and site forms with maps will
be sent to the SHPO. When culturally peeled trees are felled or die and are
wind thrown, additional descriptive information and age borings or scar cross
sections will be made to gather as much information about the trees.
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C. MANAGEMENT OF CULTURAL RESOURCE PROGRAMS HAZARDOUS
ENVIRONMENTS AFTER EMERGENCY SITUATIONS
1) For all projects/actions conducted in areas the Forest Supervisor and/or District
Ranger has determined are too hazardous to allow pedestrian inventories, the Forest
will follow the following procedures regardless of the type of action (i.e. fuel
reduction, hazardous tree removal, restoration activities following natural disasters
and range improvement).
a) The Forest will conduct an Existing Data Review (Literature Search) for all
actions/projects. The Existing Data Review will include a survey strategy based
on previously accepted models and will prepare a budget or plan for the
resources needed to complete compliance with Section 106 of the NHPA.
b) The Forest will develop a job hazard analysis (JHA) and a risk assessment
(RA) for each project. If the Risk Management Matrix risk level is in the
Acceptable/Tolerable or the Acceptable/Tolerable with Mitigations levels, the
project will receive a field inventory and the consultation on the eligibility of
sites and the effects of the project will follow the reporting and consultation
procedures in Stipulation B.
c)No Field Inventory Actions (NFI)—Projects where the Risk Management
risk level is Unacceptable/Intolerable (as defined in Appendix F) will not be
subjected to a pedestrian inventory.
i) If the existing data review reveals historic properties within the
boundaries of the NFI project, a plan will be developed to mitigate the
effects of the action and protect the site from other environmental hazards
(i.e. falling trees, undercut or slumping soils, fire etc). The mitigation plan
will be used only if the Forest determines that the implementation of such a
plan is within the Acceptable/Tolerable as defined in Appendix F (Risk
Management Matrix) or the Acceptable/Tolerable risk levels as defined in
Appendix F (Risk Management Matrix).
ii) The Forest will use the budget or plan for the resources developed with
existing data review and risk assessment to determine the level of effort that
would normally be expended to comply with Section 106 of the NHPA for
each NFI. This effort will be redirected to a Resource Benefit Action (RBA)
that will identify new cultural resource sites or will benefit known historic
properties.
iii) The Forest will forward the existing data review, risk assessment forms
with the Line Officer Work Activity Review, mitigation plan for previously
recorded historic properties and the budget to the SHPO for review and
comment.
d) Resource Benefit Actions (RBA)—The Forest will contact all Tribes who
may have traditionally used the lands managed by the Forest, the planning or
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preservation departments of local governments, local historic preservation
organizations and the SHPO, and ask them to participate in the Cultural
Resource Stewardship Group (CRSG). The CRSG members may vary by
District or Forest boundaries.
For the first two years of this agreement, and bi-annually after that, the CRSG
members, the Forest and SHPO will meet either in person or through electronic
means to review and rank RBAs that will be conducted in lieu of the NFI
projects.
RBAs may include the following:
• Cultural resource inventory of areas of high site probability in
which the CRSG has an interest.
• Testing of sites
• Interpretation of sites
• Data recovery from sites
• Rehabilitation of sites, structures or buildings
• Removal of trees or other hazards around significant sites
• Synthesis of existing data into cultural contexts
• Ethnographic studies
• Historical or oral history studies
• Other cultural or historical preservation or research
D. THIRD PARY PROJECTS All third party undertakings/projects proposed in
response to a diaster, or in an area with hazardous environmental conditions as
definied in Stipulation Athat require a license, permit or authorization from the Forest
Service will be considered individually but will follow the process as outlined for
Undertakings in Response to Declared Emergencies and Hazardous Environmental
Conditions in Stipulation C.
E. ANNUAL SUMMARY REPORT Each Forest will document the combined results
of the field inventories, numbers and type of sites, eligibility recommendations, and
number of acres surveyed in fulfillment of the Agreement, and dates when reports were
sent or are to be sent to SHPO in an Annual Summary Report, due by March 1st of each
year. The Annual Summary Report will utilize the format in Appendix D. Each Forest
is responsible for sending in its report for its unit. If a Forest fails to send in the report
by April l', SHPO may so advise the Forest Supervisor and the ACHP. If the Forest
fails to send in the report within 30 calendar days of SHPO's letter, SHPO shall send a
letter documenting the failure to the offending Forest and ACHP, removing that Forest
from this agreement.
ADMINISTRATIVE STIPULATIONS
F. DISPUTE RESOLUTION. Should SHPO or any other consulting party object
within 30 days to any finding or action proposed pursuant to this agreement, the
specific Forest shall consult with SHPO and the objecting party to resolve the
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objection. If the Forest determines that the objection cannot be resolved, the specific
Forest shall forward all documentation relevant to the dispute to the ACHP. Within 30
days after receipt of all pertinent documentation, the ACHP will either:
1. Provide the Forest with recommendations that the Forest will take into account in
reaching a final decision regarding the dispute; or
2. Notify the Forest that it will comment pursuant to 36 CFR § 800.7(c), and
proceed to comment. Any ACHP comment provided in response to such a request
will be taken into account by the Forest Service in accordance with 36 CFR §
800.7(c)(4) with reference to subject of the dispute.
3. Any recommendation or comment provided by the ACHP will be understood to
pertain only to the subject of the dispute; the Forest's responsibility to carry out all
actions under this agreement that are not the subjects of the dispute and will remain
unchanged.
G. QUALIFICATIONS. The Forest shall ensure that cultural resource personnel meet
the Secretary of the Interior's Standards and Guidelines for Archeology and Historic
Preservation and Professional Qualifications for Archeologists/Historians
(48FR190:44716-44742) throughout the implementation of this agreement.
H. COMMENCEMENT AND EXPIRATION. This agreement is executed as of the
last date shown below and expires five years from the date of execution. If the Forest
wishes to extend the duration of the agreement past the five-year period, the Forest will
contact the ACHP and SHPO ninety days prior to expiration and schedule a meeting.
Based on the meeting, the Forest will make any needed changes to the agreement, and
circulate the new document for review and signature prior to its expiration.
1. TERMINATION. SHPO, the ACHP, or any signatory Forest Supervisor may
terminate this agreement by providing thirty (30) days written notice to the other
parties, provided that the parties consult during the period prior to termination to seek
agreement on amendments or other actions that would avoid termination. If within
thirty (30) days (or another time period agreed to by all signatories) an amendment
cannot be reached, any signatory may terminate this agreement upon written
notification to the other signatories. In the event this agreement is terminated, Forest
will comply with 36 CFR Part 800 with regard to individual undertakings covered by
this agreement.
J. AMENDMENTS. Amendments to this Agreement shall be executed in the same
manner as this Agreement. This PA may be amended when such an amendment is
agreed to in writing by all signatories. The amendment will be effective on the date a
copy signed by all of the signatories is filed with the ACHP.
K. STATEMENT OF NON-BENEFIT. Pursuant to Section 22, Title 41, United States
Code, no member of, or Delegate to, Congress shall be admitted to any share or part of
this agreement, or any benefits that may arise therefrom.
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L. NON-FUND OBLIGATING DOCUMENT. The Forest Service obligations under
this PA are subject to the availability of appropriated funds, and the stipulations of this
PA are subject to the provisions of the Anti-Deficiency Act. The Forest Service will
make reasonable and good faith efforts to secure the necessary funds to implement this
PA in its entirety. If compliance with the Anti-Deficiency Act alters or impairs the
Forest Service ability to implement the stipulations of this agreement, the Forest
Service will consult in accordance with the amendment and terminations procedures
found at Stipulations IX and X of this agreement.
M. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the
Forest Service under this instrument is subject to the Freedom of Information Act (5
U.S.C. 552). However, certain sensitive spatial and non-spatial information may be
protected per Section 304 of the NHPA (1966, with revisions).
N. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts
the Forest Service of the Cooperators from participating in similar activities with other
public or private agencies, organizations, and individuals.
O. RESPONSIBILITIES OF PARTIES. The Forest Service and ACHP or Colorado
SHPO and their respective agencies and office will handle their own activities and
utilize their own resources, including the expenditure of their own funds, in pursuing
these objectives. Each party will carry out its separate activities in a coordinated and
mutually beneficial manner.
P. PRINCIPAL CONTACTS. The principal contacts for this agreement are:
Colorado State Historic Preservation Office Advisory Council on Historic Preservation
Currently Mark Tobias Currently Kelly Fanizzo
1560 Broadway, Suite 400 Room 803, 1 100 Pennsylvania Avenue
Denver, CO 80302 NW Washington, DC20004
Phone: (303) 866-4674 Phone: ((202) 606-8520
FAX: (303) 866-2711 FAX: (202)-606-5072
Email: mark.tobias@statc.co.us Email: kfanizzo(d-.achp.aov
Arapaho and Roosevelt National Forest
Currently Sue Struthers
2150 Centre Avenue, Building E
Fort Collins, CO80526 - 8119
Phone: (970) 295-6622
FAX: (970) 295-6799
Email: sstruthers(iefs.fed.us
Q.COMPLIANCE WITH SECTION 106 OF THE NATIONAL HISTORIC
PRESERVATION ACT. Execution and implementation of this Agreement evidences
that the Forest have afforded the ACHP an opportunity to comment on the
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Programmatic Agreement Regarding the Expedited Review of Routine Maintenance,
Operational and Restoration Undertakings and Implementation Of Undertakings In
Response to Declared Emergencies and Hazardous Environmental Conditions and that
the Forest has taken into account the effects of these undertakings on historic
properties.
S. AUTHORIZED REPRESENTATIVES. By signature below, Forest Service SHPO
and ACHP certify that the individuals listed in this document as representatives of the
signatories are authorized to act in their respective areas for matters related to this
agreement.
THE PARTIES HERETO as evidenced by their authorized signature below, have
executed, and thereby entered into, this agreement upon the date of their signature
below.
USDA FOREST SERVICE COLORADO STATE HISTORIC
ARAPAHO/ROOSEVELT N.F. PRESERVATION OFFICE
GLENN P. CASAMASSA DATE EDWARD C.NICHOLS DATE
FOREST SUPERVISOR COLORADO STATE HISTORIC
PRESERVATION OFFICER
ADVISORY COUNCIL ON HISTORIC
PRESERVATION
JOHN M.FOWLER DATE
EXECUTIVE DIRECTOR
APPENDIX A.
EXEMPT UNDERTAKINGS
Sivicultural Treatments
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a.) Protective Chemical Spraying— Chemical pesticides will be used on individual
trees and on small stands of trees. Employees walk from developed roads to the
infected trees, and apply the chemical by hand. No trees are removed under this
activity.
b.) Individual Tree Sanitation — Individual trees are felled, peeled and piled by
hand. One year later the piles of trees are burned as slash. No heavy machinery
is used. In areas of ponderosa or aspen where there is the potential for culturally
scared trees, either culturally peeled or arbor art, the Forest archaeologist or
heritage designee will train the hand crews to recognize those trees. Any trees
found will be photographed with 35mm black and white film, and will be
mapped using GPS. The photos will be developed using standard archival
techniques. The photos and site forms with maps will be sent to the SHPO.
When culturally peeled trees are felled or die and are wind thrown, additional
descriptive information and age borings or scar cross sections will be made to
gather as much information about the trees as possible.
c.) Trap Tree — Under this prescription, live saw timber size Engelmann
spruce would be felled at a rate of 1 tree per 4 infested trees to serve as "trap
trees" within spruce dominated areas where beetle populations have increased
past endemic levels. Much like natural blow down, the felled trees attract adult
beetles which subsequently lay eggs. One year later the trees would be
debarked to kill the beetles that have hatched, piled by hand and burned in
designated bum areas.
d.) Lethal Trap Tree — Trees are felled using a chainsaw then chemical
pesticide is applied along the entire length of the tree. No trees are removed.
e.) Trap Out Beetles (also called Aggregate Beetles) — Funnel traps with
attractive pheromones are hand-placed in trees. The beetles fly to the traps and
die within the trap. Traps are subsequently placed by hand and removed by
hand. Occasionally a metal fence post will be driven into the ground to
support the trap.
f.) Disaggregate Beetles — Pheromones which beetles find distasteful are
placed in the trees. These pheromones scare the beetles away from specific
stands of trees.
Mechanical Fuel Reduction Program Activities in this PA consist of the following
actions within the defined Forest boundaries and do not include any other land
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management decisions or proposed undertakings on public lands unless otherwise
stipulated.
a.) Chainsaw Thinning and Wood Chipping— Thinning actions consist of
employees or contractors who walk to stands from developed roads and utilize
chain saws to thin out stands of oak brush, aspen and conifers. Small trees or
brush are cut by hand and dropped to the ground. Often thinning is a precursor
to a prescribed burn. All vehicles used will be one-ton or smaller with rubber
tires. Any chippers utilized will be restricted to those which are equipped with
rubber tires and are small enough to be pulled by a one-ton vehicle. In areas of
ponderosa or aspen where there is the potential for culturally scared trees,
either culturally peeled (peeled for food, procurement of fiber or in a ritual) or
arbor art (aspen art or other art carved into the trunks of trees), the Forest
archaeologist or heritage designee will train the hand crews to recognize those
trees. Any trees found will be photographed with 35mm black and white film,
and will be mapped using GPS. The photos will be developed using standard
archival techniques. The photos and site forms with maps will be sent to the
SHPO. When culturally peeled trees are felled or die and are wind thrown,
additional descriptive information and age borings or scar cross sections will
be made to gather as much information about the trees.
b.) Personal Firewood Sales — Permits are sold to the public which allow
individuals to cut firewood for personal use. Slash would be lopped and
scattered with heavier concentrations hand-piled and burned in designated burn
areas. All vehicles used will be one-ton or smaller with rubber tires. Any
chippers utilized will be restricted to those which are equipped with rubber
tires and are small enough to be pulled by a one-ton vehicle.
c.) Public Slash Disposal Area — Under this prescription, a gravel pit or non-
forested area will be identified in the project area to serve as a slash disposal
area for both the FS and private landowners in the vicinity. The slash will be
piled by hand and burned (yearly) each fall when there is adequate snow. All
vehicles used will be one-ton or smaller with rubber tires. Any chippers
utilized will be restricted to those which are equipped with rubber tires and are
small enough to be pulled by a one-ton vehicle.
d.) Understory Removal — Under this prescription non-commercial subalpine
fir and mistletoed lodge pole regeneration would be cut from the understories •
of existing mixed conifer stands, lodge pole timber and small saw timber
stands to reduce ladder fuels, break up the continuity of fuels, and to improve
stand health and resiliency. This treatment is proposed along with the
commercial treatment sanitation/salvage. Slash would either be hand-piled for
chipping and/or bucked up by hand, and loaded onto rubber tired vehicles to be
hauled to designated burn piles for burning. All vehicles used will be one-ton
or smaller with rubber tires. Any chippers utilized will be restricted to those
which are equipped with rubber tires and are small enough to be pulled by a
one-ton vehicle.
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e.) Aspen Enhancement — Similar to the understory removal treatment, under
this prescription non-commercial subalpine fir and mistletoed lodge pole
regeneration would be cut from the understories of existing aspen stands to
reduce ladder fuels, break up the continuity of fuels, and to improve stand
health and resiliency of existing aspen. To stimulate aspen growth the aspen
stands may be cut down using hand tools. The end result of this treatment will
be a shaded fuel break around and adjacent to the treated area.
Slash would either be hand-piled for chipping and/or bucked up by hand, and
loaded onto rubber tired vehicles to be hauled to designated burn piles for
burning. All vehicles used will be one-ton or smaller with rubber tires. Any
chippers utilized will be restricted to those which are equipped with rubber tires
and are small enough to be pulled by a one-ton vehicle. In areas of ponderosa
or aspen where there is the potential for culturally scared trees, either culturally
peeled (peeled for food, procurement of fiber or in a ritual) or arbor art (aspen
art or other art carved into the trunks of trees), the Forest archaeologist or
heritage designee will train the hand crews to recognize those trees. Any trees
found will be photographed with 35mm black and white film and will be
mapped using GPS. The photos will be developed using standard archival
techniques. The photos and site forms with maps will be sent to the SHPO.
g.) Fir Removal—Similar to the understory removal and aspen enhancement
•
treatments, under this prescription non-commercial subalpine fir would be cut
from regenerated clear cuts to promote a more balanced mix of tree species
dominated by aspen and lodge pole pine. Slash would either be hand-piled for
chipping and/or bucked up by hand, and loaded onto rubber tired vehicles to be
hauled to designated burn piles for burning. All vehicles used will be one-ton or
smaller with rubber tires. Any chippers utilized will be restricted to those which
are equipped with rubber tires and are small enough to be pulled by a one-ton
vehicle.
h.) Public Christmas Tree Harvesting—Under this treatment, non-commercial
subalpine fir would be cut from the understories of stands along roads through
personal-use Christmas tree sales to further reduce fir in the vicinity. Slash
would either be hand piled for chipping and/or bucked up by hand, and loaded
onto rubber tired vehicles to be hauled to designated burn piles for burning. All
vehicles used will be one-ton or smaller with rubber tires. Any chippers utilized
will be restricted to those which are equipped with rubber tires and are small
enough to be pulled by a one-ton vehicle.
i.) Branch Pruning— Under this prescription selected trees would be pruned to
remove dwarf mistletoe "witch's brooms" to improve tree health and resiliency,
reduce ladder fuels, and to create defensible space around structures. Slash
would either be hand-piled for chipping and/or bucked up by hand, and loaded
onto rubber tired vehicles to be hauled to designated burn piles for burning. All
vehicles used will be one-ton or smaller with rubber tires. Any chippers utilized
will be restricted to those which are equipped with rubber tires and are small
enough to be pulled by a one-ton vehicle.
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j.) Boundary Treatment—Under this prescription dead standing and down trees
and slash within 200 feet of the National Forest and private land boundary
would be cleared, understory ladder fuels would be removed, and lower
branches on retained trees pruned to create a fuel break that would both increase
the ability to control a wildfire to prevent it from burning onto private land
and/or from private land onto the Forest. Characterized as a "German Forest"
concept, the end result of this treatment will be a park-like area, forested with
scattered live trees with little or no slash or dead trees present. Slash would
either be hand-piled for chipping and/or bucked up by hand, and loaded onto
rubber tired vehicles to be hauled to designated burn piles for burning. All
vehicles used will be one-ton or smaller with rubber tires. Any chippers utilized
will be restricted to those which are equipped with rubber tires and are small
enough to be pulled by a one-ton vehicle. In areas of ponderosa or aspen where
there is the potential for culturally scared trees, either culturally peeled (peeled
for food, procurement of fiber or in a ritual) or arbor art (aspen art or other art
carved into the trunks of trees), the Forest archaeologist or heritage designee
will train the hand crews to recognize those trees. Any trees found will be
photographed with 35mm black and white film and will be mapped using GPS.
The photos will be developed using standard archival techniques. The photos
and site forms with maps will be sent to the SHPO.
k.) Feller—Buncher Grapple Piling from Road - Piling actions from the road
consist of using large wheeled or tracked vehicles to reach from the road into
harvest area, grab downed trees and lift them onto the road. Once on the
hardened road surface, the trees will be put into slash piles, which are then burnt
or are placed on trucks to be hauled out of the project area.
1.)Feller—Buncher Grapple Piling on Mine Dumps -Piling actions consist of
using large wheeled or tracked vehicles to skid downed trees and slash to
separate slash piles, which are then burnt. For the purposes of this agreement,
grapple piling includes any activity where machines are used to push, pull, or
skid trees, brush, logs or slash over the ground. For the purposes of this
agreement grapple piling on mine dumps would be limited to large waste rock
piles associated with historic mining activities and would be devoid of artifacts,
cabins, or other mining structures. Grapple piling would only be allowed on
hardened mine dumps.
ROADS BRIDGES and SMALLER TRANSPORTATION FEATURES —
provided that excavation or site work will not disturb previously undisturbed soil
or known archeological sites or features.
a) Repairs of roads to pre-disaster geometric design standards and conditions,
number and width of lanes, shoulders, medians, curvature, grades clearances
and side slopes, provided that all work is conducted from within previously
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disturbed areas of the existing road right-of-way, typically considered the
outer edge of one road ditch to the outer edge of the other.
b) Repair of road composition with in-kind materials to maintain pre-disaster
size, traffic capacity and load classifications of motor vehicles, including the
reshaping and compacting of road bed soil and the repair of asphalt, concrete
or cement modified soils.
c) Repair, replacement or upgrade of culverts and associated head walls and
wing walls within rivers, streams, or drainage ways, including any modest
increase in capacity of mitigation purposes or to meet current codes and
standards, provided that they substantially conform to their pre-existing
function footprint, depth or profile, and location, and/or that related
excavation will not disturb any previously undisturbed areas. Also included
is the repair, replacement, upgrade or installation of culverts functioning as
cross-drains beneath roads or within drainage ditches, as well as related
concrete or synthetic elements of culverts, such as flared end sections, riprap
or small headwalls. NOTE: Stone culverts and stone arches beneath
roadways are specifically excluded from this Allowance.
d) Borrow material if from a commercial source, or a stock tank berm, dug-out,
reclaimed ditch or reclaimed dam provided the original surface of the ground
it not impacted by the removal method.
e) Repairs to slope failures (road slips and landslides) that do not require
grading of undisturbed soils and where staging areas are in improved existing
rights of way.
f) Re-establishment, armoring, skimming and/or upgrading of existing ditches
to original width and depth or to meet codes and standards.
g) Stabilization of hazardous slopes within transportation rights-of-way.
Stabilization methods include the installation of footings, foundations or
retaining walls and systems, such as gabion basket walls, crib walls, and pile
and lag walls. Work will not exceed the limits of previously disturbed
portions of the rights-of-way without SHPO consultation, and will not take
place in close proximity of structures that are listed in, eligible or
unevaluated for listing in the National Register or are located within National
Register eligible or listed Historic Districts.
h) In-kind repairs to bridge components, specifically abutments, wing walls and
decks, but also including scoured areas, when the area of potential effect,
including staging areas, is restricted to previously disturbed portions of the
right-of way, typically considered the outer edge of one road ditch to the
outer edge of the other.
i) Repair or replacement of non-historic bridges (constructed less than 50 years
ago), where repair work, including staging areas do not exceed the existing
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road right-of-way, typically considered the outer edge of one road ditch to
the outer edge of the other.
j) In-kind repair, replacement or hardening of utilities under existing improved
roads/roadways or within other previously disturbed rights-of-way, typically
considered the outer edge of one road ditch to the outer edge of the other.
k) Repair of driveways, parking lots, paths, and walkways. Repairs may
include minor upgrades to prevent future erosion, such as the addition of
pavement or the installation of water bars or other similar devices.
1) Repair of traffic control devices such as traffic signs and signals, delineators,
pavement markings and traffic surveillance systems.
m) In-kind repair of road lighting systems, including period lighting fixture
styles.
n) In-kind repair of road appurtenances such as curbs, berms, fences and
sidewalks that are not brick or stone, unless they have been identified as
historic elements to a historic property.
o) In-kind repair of freestanding exterior stone or brick walls.
p) In-kind repair of roadway safety elements such as barriers, guardrails, and
impact-attenuation devices. In the case of guardrails, the addition of safety
end treatments is allowed.
WATER CONTROL FACILITIES
a) Sediment removal from man-made drainage facilities, including
retention/detention basins, ponds, ditches, and drainage canals, to restore the
facility to its pre-disaster condition, provided that the sediment is used to repair
eroded banks or is disposed at an existing licensed or permitted spoil site.
b) Dewatering flooded developed areas of an acre or less by pumping unless an
archaeologically sensitive area is identified.
c) Debris collection from canals, transport, and disposal in existing licensed solid
waste facilities. This Allowance does not include establishment or expansion of
previously unpermitted debris staging or disposal areas. However, it does apply to
the use of temporary storage areas located in existing hard-topped areas with
controlled drainage (such as parking lots), provided other issues do not exist. This
does not include new or temporary access roads.
d) In-kind repair of a canal's washed out trail surface and/or sub-base.
e) In-kind repair of a canal's shoulders and stabilization.
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f) Canal towpath,beim, and adjacent river slope repairs. Repair of the embankments
to functional restoration with in-kind fill material from an approved source.
g) Canal towpath/embankment washout where entire areas of the embankment have
been breeched, the embankment is functionally restored with in-kind fill material
from an approved source.
h) Canal bed scour repaired with in-kind fill material from an approved source.
i) Repair of stone revetments in front of shoreline features
j) In-kind repair of earthen core dams and/or related spillways.
k) Repair or replacement of any associated equipment, machinery, piping or any
other nonstructural item.
1) Repair or upgrade of a waste-water treatment lagoon or other earthen feature,
when all work is done within the same footprint or is confined to a previously
disturbed area adjacent to it.
m) Repair or replacement of wells, pumps or surrounding protective structures.
n) In-kind repair or minimal upgrade to codes and standards of existing piers, docks,
boardwalks, and boat ramps,provided the footprint will substantially match the
existing footprint.
BUILDINGS AND EQUIPMENT - These Allowances apply to buildings that qualify
as historic properties because they are more than 50 years old (or less than 50 years old if
of exceptional architectural and/or engineering significance) and are listed in, eligible or
unevaluated for listing on the National Register of Historic Places, when all work is
consistent with the Secretary of the Interior's Standards (36 C.F.R. § 68) and when
consideration has been given to identifying ways to repair rather than replace damaged
historic features whenever feasible unless the severity of deterioration or destruction
requires replacement of a distinctive feature. Determination that any work undertaken
meets the Secretary of the interior's Standards will be made by a qualified Forest Service
staff member. Repairs to buildings younger than 50 years (unless of exceptional
architectural and/or engineering significance) are not historic, do not require SHPO
review, nor do they need to meet the Secretary of the Interior's Standards.
A. Interior Floors, Walls, Stairs and Ceilings
a) In-kind repair, replacement, restoration, preservation,protection, maintaining of
materials, or features on interior floors, walls, stairs, ceilings and trim. The
Allowance applies to repair of interior finishes, including plaster and wallboard,
provided the repair is restricted to damaged areas and does not affect adjacent
materials.
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b) Painting and surface preparation provided color is matched to pre-existing finish
"and the coating and preparation is limited to material repaired or replaced or
immediately adjacent thereto.
c) Repair or replacement of suspended or glued ceiling tiles.
d) In-kind replacement of sheetrock or prefabricated panel walls to their pre-disaster
appearance.
e) Interior cleaning of non-porous surfaces using a weak solution of household
bleach and water, mold remediation, or mold removal. The Allowance applies to
interior finishes, including plaster and wallboard, provided the repair is restricted
to damaged areas, does not affect adjacent materials, and character defining
features are retained.
f) Installation of grab bars and other such minor interior modifications for
handicapped accessibility, when significant interior features (such as trim or
architectural details) are not altered.
g) Non-destructive or concealed testing for hazardous materials (lead paint, asbestos
etc.) or damage assessment.
h) Replacement of damaged vinyl or asbestos floor tile with contemporary floor tile
of the same dimensions, thickness and similar texture or pattern.
B. Utilities, Mechanical and Electrical Systems
a) Heating, ventilation and air conditioning (HVAC), electrical, or plumbing work,
which is limited to upgrading, elevation, or in-kind replacement. Historic fixtures,
where exposed to view, must be repaired in-kind for this Allowance to apply. This
Allowance does not apply to exposed new ductwork.
b) Replacement or installation of interior fire detection, fire suppression, or security
alarm systems. This Allowance does not apply to surface mounted wiring,
conduits, and piping unless previously existing, or to the installation of new
systems where they will affect significant interior features.
c) Elevation of HVAC and mechanical equipment as long as it is placed or located
where it is not highly visible from the public areas, or if its installation does not
result in significant loss of historic fabric, or character-defining details.
C. Windows, Doors and Shutters
a) In-kind repair or replacement of windows, doors and shutters where profiles,
elevations, details and materials match those of the original windows, doors, and
shutters.
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b) Replacement of window panes provided the result does not alter the existing
window material, form, muntin profiles or number of divided lights. This
Allowance applies to the in-kind replacement of existing archaic or decorative
glass. Historic windows or glazing may be treated with clear window films.
c) in-kind replacement of historic door and window hardware where repair is not
possible.
D. Exterior Walls, Cornices, Porches, and Foundations
a) Cleaning, repairing or repainting of surfaces, provided that destructive surface
preparation treatments, such as water blasting, sandblasting, power sanding, and
chemical cleaning are not used. Surface treatments must comply with the
treatment approaches outlined in Preservation Brief#6: Dangers of Abrasive
Cleaning to Historic Buildings (National Park Service, 1979).
b) In-kind repair or partial replacement of porches, cornices, exterior siding, doors,
balustrades, stairs, or trim, as long as the replacement pieces match the original
element in detail and material.
c) In-kind repair or in-kind replacement of signs or awnings.
d) Installation of temporary stabilization bracing or shoring, provided such work
does not result in additional damage, loss of fabric, or irreversible alterations, and
does not affect known archaeological sites or features.
e) Anchoring of walls to floor systems, provided the anchors are embedded and
concealed from exterior view and disturbed historic fabric is restored in-kind.
f) In-kind repair or reconstruction of concrete/masonry walls, columns,parapets,
chimneys, or cornices, including comparable brick, and mortar that matches the
color, strength, content, rake, and joint width, where occurring.
g) Bracing and reinforcing of chimneys and fireplaces, provided the bracing and
reinforcing are either concealed from exterior view or removable in the future
without having damaged or caused visible changes to chimneys or fireplaces once
removed.
h) Strengthening of foundations and the addition of foundation bolts, provided that
visible new work is in-kind, including mortar that matches the color, content,
strength, rake and joint width, where occurring.
i) In-kind repair or installation of non-historic perimeter drainage systems,
providing the work will not affect known archaeological sites or features or alter
character defining features of an historic building.
j) In-kind repair or replacement of fencing and other freestanding exterior walls.
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k) Repairs to and replacement of elements of curtain wall assemblies when
materials, color, size, reflectivity and visual patterns are unaltered.
E. Roofing
a) In-kind repair or replacement of roofing,rafters, fascia, soffits, gutters, verge
boards, leader boxes or downspouts. Consideration should first be given to
identifying ways to repair rather than replace damaged historic materials
whenever feasible. Also, cement asbestos shingles may be replaced with asphalt
based shingles, three-tab asphalt shingles may be replaced with composite
dimensional architectural shingles; and corrugated asbestos panels may be
replaced with corrugated metal panels or other roofing of similar appearance to
the original.
b) Replacement of T -lock asphalt shingles that are no longer available with' an
architectural/laminate shingle of similar appearance, depth, and wind rating.
c) Repairs to a flat roof, including changes in roofing materials, and making minor
alterations to the roof slope to improve drainage, where the repairs are not visible
from the ground level.
d) Replacement of metal roofs with in-kind materials. If the roofing material to be
replaced is character defining, the replacement must be in-kind, not just a form of
metal roofing.
e) In-kind replacement of greenhouse glass panels.
F. Weatherproofing and Insulation
a) Caulking and weather-stripping to complement the color of adjacent surfaces.
b) Replacement of insulation provided that interior plaster, woodwork, or exterior
siding or exterior architectural detail is not altered. This Allowance does not apply
to urea formaldehyde foam insulation or any other thermal insulation containing
water, when installed within wall cavities. Also, the Allowance does not apply to
exterior insulation finishing systems (EIFS) that do not include an adequate vapor
and moisture drainage system, or to work in enclosed spaces that are not vented.
G. Seismic, Tornado and Hurricane Upgrades
a) The installation of the following seismic upgrades, provided that such upgrades
are not visible on the exterior or within character-defining historic interiors: attic
bracing, cross-bracing on pier and post foundations; metal fasteners; collar ties;
gussets; tie downs; strapping and anchoring of mechanical, electrical and
plumbing equipment; concealed anchoring of furniture; installation of plywood
diaphragms beneath first floor joists, above top floor ceiling rafters, and on roofs;
and automatic gas shut off valves.
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b) Replacement, repair or installation of lightning rods, provided no historic fabric
will be substantially damaged due to installation.
H. Building contents, repair or replacement, including furniture, movable partitions,
computers, cabinetry, supplies, equipment, publications and any other moveable item that
is not a character-defining element of a historic property.
I. Elevation or demolition of an existing structure that is less than fifty years old and that
is not individually listed in nor located in or adjacent to a historic district.
UTILITIES, COMMUNICATIONS SYSTEMS, AND TOWERS -provided the
excavation will not disturb previously undisturbed soil, and that work occurs at least 50
feet outside the boundaries of all known historic and archaeological sites, including areas
of archaeological sensitivity as defined by SHPO or qualified Forest Service staff.
a) In-kind repair or replacement, or minor upgrading, small scale realignment, and
elevation of utilities and associated features and structures within previously
disturbed soils of rights-of-way or utility corridors.
b) Substantially in-kind repair or replacement of utilitarian structures including
major exposed pipelines, except for those structures that have achieved historical
significance. Modern materials may be used provided their finish is compatible
with the context of the site. Structures such as bridges, water towers, and antenna
towers are not considered utilitarian structures for purposes of this Allowance.
c) Installation of new utilities and associated features within existing rights-of-way.
d) Connections to new metering points when the line is within twelve (12) feet of the
previously disturbed public or private road right-of-way.
e) Expansion of an existing substation, switching station,regulator/transformer
platform, or similar facilities where work is confined to areas previously disturbed
during construction of original facilities.
f) Repair of or replacement of an existing substation, switching station,
regulator/transformer platform, or similar facilities.
g) Temporary storage of supplies and equipment (poles, cable spools, pedestals, etc.)
where no ground disturbance will occur; this does not include construction of
temporary access routes.
h) Placement or replacement of pedestals in public or private right-of-way
immediately adjacent to borrow ditch.
Placement of sacrificial anodes in public or private right-of-way or adjacent to
borrow ditch.
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j) Repair, replace, upgrade or retire existing poles, anchors, wires, cross arms and
miscellaneous hardware on existing overhead lines, where work occurs from or
within previously disturbed public or private right-of-ways or within a 6-foot
radius of the existing pole.
k) Placement of underground cables, overhead poles, or other equipment in
previously disturbed public or private right-of-ways.
1) Placement of new underground cable of any length within six (6) feet of fence
line adjacent to the previously disturbed public right-of-way, when the placement
of cable does not include open trenching.
m) Underground cable replacements of any length when the replacement cable is
placed within six (6) feet of the same trench as an existing or failed cable, and
when the placement of cable does not include open trenching.
n) Single pole overhead line construction on public or private right-of-way where the
auguring, pole placement, and line placement is conducted from within the
previously disturbed right-of-way or when the line will not pass within or through
any areas known or suspected to contain human remains, archeological resources,
or any other historic properties.
o) Placement of poles, wires, and other facilities within developed areas unless those
facilities are located within a National Register District.
p) Directional boring of replacement service line and related appurtenances
involving boring or silt trenches in previously disturbed ground up to one (1) foot
in width and connection of directional boring for utility lines not greater than ten
(10) square feet.
q) In-kind repair or replacement, or minor upgrade of water towers provided
activities take place within previously disturbed soils. Ground-level facilities may
be added or expanded in previously disturbed areas. This allowance does not
apply to masonry water towers.
r) In-kind repair or replacement, or minor upgrades elevation, and/or installation of
generators, HVAC systems, and similar equipment provided activities occur
within previously disturbed soils, or, if replaced to a rooftop, equipment is not
visible from the ground level.
s) Acquisition, installation, or operation of communication towers and security
equipment/systems and weather-warning sirens that use existing distribution
systems, facilities, or existing infrastructure right-of-way;
t) The collocation of communication and security equipment on existing towers and
buildings/structures less than 50 years of age, provided that the work is not
located within an historic district and that it occurs within previously disturbed
soils.
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u) Enhancement, repair or replacement of existing communication towers and
antenna structures provided the work is not located within an historic district and
that it occurs within previously disturbed soils.
v) Installation of new temporary (not to exceed 12 months) communications towers
and antenna structures provided that the work occurs does not require
modification of buildings/structures more than 50 years of age and occurs within
previously disturbed soils.
RECREATION FACILITIES, AND OTHER ITEMS
a) Repair or replacement in public use areas of recreational and landscaping
elements and their related support features such as paving, planters, trellises,
irrigation, lighting, hardened trail surfaces, signage, retaining walls, ramps and
steps, flag poles, decks, and athletic field recreational structures and equipment
(i.e., benches, bleachers, permanent seating, batting cages, score boards,
basketball hoops, picnic tables, fire pits, utility hook-ups, playground equipment,
such as slides and swing sets, or other movable objects), provided that the repairs
will not disturb more soil than was previously disturbed. This Allowance also
permits associated minor mitigation measures, such as increases in equipment
diameters and addition of safety anchors.
b) Repair and re-vegetation of eroded or otherwise damaged playgrounds, athletic
fields, campgrounds, visitor centers, picnic areas, trailheads, kiosks or
amphitheaters,provided that the repairs will not disturb more soil than was
previously disturbed.
c) Removal of root balls from uprooted trees on developed property. When located
in cemeteries, known archaeological sites, historic sites where landscaping
elements are character-defining features, or when root ball exposure has resulted
in unexpected archaeological finds, root balls will be separated from the tree trunk
and returned to their original depressions, removed by hand, or removed by heavy
equipment taking any precautionary measures necessary to minimize ground
disturbance or disturbance of associated landscaping elements. In all instances
root balls voids are to be filled with suitable materials taken from an approved
source.
d) Debris collection within areas of historic or archaeological sensitivity when
staging and operation of associated machinery is limited to existing service roads,
parking lots, or other existing hardened surfaces.
e) In-kind repair of historic gravestones, monuments, fences, and other historic
components.
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f) Repair or upgrade to codes and standards of existing piers, docks, boardwalks,
hardened trail boat ramps, stands, kiosks and gazebos, provided the footprint will
match the existing footprint.
g) Repair of driveways, parking lots, paths, walking and snowmobile trails, and
simple wooden/wire stream crossings. Repairs may include minor upgrades to
prevent future erosion, such as the addition of pavement or the installation of
water bars or other similar devices.
h) In-kind repair or replacement of fencing and other freestanding exterior walls.
i) In-kind repairs to railroads, including repair or replacement of damaged railroad
tracks
(e.g., rails, cross ties, spikes, plates and clips), earthen and ballast roadbeds and
embankments, railroad crossings, passenger loading areas, and transportation
safety components and systems (e.g., signals, gates, and automatic control
devices), provided that excavation work site work will not disturb more soil than
previously disturbed by the original construction.
j) Repair or replacement of fish hatcheries (e.g., raceways, ponds, fish ladders, and
water intake or outfall structures) provided that the work substantially conforms
to the existing footprint and the integrity of any historic materials is not
significantly compromised.
k) In-kind replacement of fish-ways or fish ladders on spawning streams.
1) Installation of scaffolding, temporary barriers (e.g., chain link fences, etc.),
polyethylene sheeting or tarps, provided such work does not result in additional
damage, significant loss of historic fabric or irreversible alterations. This
Allowance does not apply to such work in historic districts or in archaeologically
sensitive areas as determined through consultation between Forest Service and
SHPO.
m) Vector Control- Application of pesticides to reduce adverse public health effects,
including aerial and truck mounted spraying.
n) Mold Remediation - Damp wiping of non-porous materials; dry vacuuming of
remediated areas; temporary pumping or vacuuming to remove standing water
provided no changes are made to character-defining features; and use of portable
de-humidification systems provided no changes are made to character-defining
features.
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APPENDIX B. SURVEY STRATEGY
A pedestrian field survey using zigzagging transects fewer than 30 meters in width and
with no greater than 30 meters between each transect will be used to inventory all areas
determined to be of high potential for historic properties within the APE. No sites will be
left unevaluated during these field inventories. The following areas are defined as having
high potential for historic properties. Field archaeologists may expand the survey area
based on site potential identified in the field.
LOWER MONTANE FOREST
The lower montane forest region occupies an elevational range of 6,000 to 8,000 feet.
This region consists of a belt of hog backs up to five miles wide to the west of the High
Plains. Soil depths and textures vary from deep loam and clay-loam to shallow, young
and course deposits.
This region has a shorter growing season than the plains, usually less than 140 days, with
warm summers and cold winters. Humidity is quite low and precipitation averages 14 to
20 inches annually. Sage brush and grasses are intermixed in the eastern portion;
ponderosa pine and grasses predominate in the central portion; and stands of Douglas-fir
and ponderosa pine are found in the western portion of the region. Low moisture levels
produce park-like stands of widely spaced trees with a grass/shrub under story.
A. Areas Expected to Have a High Potential for Prehistoric Cultural Sites
1. Areas of known high site density, or known site locations.
2. Ecotonal boundary areas (specifically boundaries between canopied areas and
non-canopied areas).
3. Geomorphic features within loosely canopied areas including high points with
open views, saddles, terraces, benches, and ridges.
4. South, east, and west facing slopes less than 15% in loosely canopied areas.
5. Areas known to contain geologic outcrops of tool stone source materials (e.g.
cherts, quartzites,basalts, etc.).
B. Areas Expected to Have a High Potential for Historic Cultural Sites
1. Areas within or in close proximity to bedrock deposits containing precious or
marketable metal ores (gold, silver, zinc, lead, copper, tungsten, molybdenum,
among others).
2. Natural travel corridors (river and major stream drainages with suitable slope
and terrain for wagon trails or auto roads, or railroads).
3. Areas in proximity to railroad grades.
4. Any potential historic site identified as a result of the literature search.
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UPPER MONTANE FOREST
The upper montane forest region is found from roughly 8,000 to 9,000 feet. It
occupies the Rocky Mountain physiographic surface. Metamorphic and igneous
rock characterize the region. Broad U-shaped valleys were carved by glaciers.
Soils are often shallow and rocky on the slopes, and deeper and more mature on
the valley floors. Meandering streams, many dammed by beavers, grain the
slopes and valley floors.
This region's climate is cooler, moister, and more humid than at lower
elevations. Precipitation averages 20 to 25 inches per year. The growing season
is about 100 days long. Willows, alder, birch, grasses and sedges cover the
valley floors. The valley walls and ridge tops host fairly dense stands of aspen,
ponderosa pine, Douglas fir, limber pine and lodge pole pine.
A. Areas Expected to Have a High Potential for Prehistoric Cultural Sites
1. Areas of known high site density or known site locations.
2. Ecotonal boundary areas (specifically boundaries between canopied areas and
non-canopied areas).
3. Geomorphic features within loosely canopied areas including high points with
open views, saddles, terraces, benches, and ridges.
4. South, east, and west facing slopes less than 15% in loosely canopied areas.
5. Areas known to contain geologic outcrops of tool stone source materials (e.g.
cherts, quartzites, basalts, etc.).
B. Areas Expected to Have a High Potential for Historic Cultural Sites.
I. Areas within or in close proximity to bedrock deposits containing precious or
marketable metal ores (gold, silver, zinc, lead, copper, tungsten, molybdenum,
among others).
2. Natural travel corridors (river and major stream drainages with suitable slope
and terrain for wagon trails, auto roads, or railroads).
3. Areas in proximity to rail road grades.
4. Any potential historic site identified as a result of the literature search.
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SUBALPINE FOREST
The subalpine forest region occurs from 9,000 to 11,000 feet in elevation and
occupies the flattop physiographic surface. Ridges rise more steeply within this
region. Glacial carving of the metamorphic and igneous rock is abundant. Near-
surface Tertiary intrusions and associated metallic mineralization have created
the Colorado Mineral Belt. Soils are shallow and rocky except in the vicinity of
cirque and moraine-formed lakes in the valley floors. Wet meadows and bogs
are common.
The region is cool in the summer and cold in winter. Temperatures below zero
degrees Fahrenheit are frequent and may extend for long periods of time. The
growing season is less than 90 days. Precipitation is 25-30 inches annually. The
principal vegetation series are willow-birch and sedge-grass meadows on the
valley floors, with limber pine, lodge pole pine, aspen, Engelman spruce, and
subalpine fir on the slopes and ridge tops.
A. Areas Expected to Have a High Potential for Prehistoric Cultural Sites
1. Areas of known high site density or known site locations.
2. Ecotonal boundary areas (specifically boundaries between canopied areas and
non-canopied areas).
3. Geomorphic features within loosely canopied areas including high points with
open views, saddles, terraces, benches, and ridges.
4. South, east, and west facing slopes less than 15% in loosely canopied areas.
5. Areas known to contain geologic outcrops of tool stone source materials (e.g.
cherts, quartzites, basalts, etc.).
6. Known travel routes and river drainages associated with mountain passes
7. Known Native American trails.
8. Areas located within '/a mile of permanent water sources in areas of moderate
or slight slope (including all spring areas regardless of slope.)
B. Areas Expected to Have a High Potential for Historic Cultural Sites
1. Areas within or in close proximity to bedrock deposits containing precious or
marketable metal ores (gold, silver, zinc, lead, copper, tungsten,
molybdenum, among others).
2. Natural travel corridors (river and major stream drainages with suitable slope
and terrain for wagon trails, auto roads, or railroads).
3. Areas in proximity to railroad grades.
4. Any potential historic site identified as a result of the literature search.
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APPENDIX C. DEFINITIONS OF TERMS USED IN THE AGREEMENT
Area of Potential Effects (APE): As defined in 36 CFR § 800.16(d) the "area of
potential effects means the geographic area or areas within which an undertaking
may directly or indirectly cause changes in the character or use of historic properties,
if any such properties exist. The area of potential effects is influenced by the scale
and nature of an undertaking and may be different for different kinds of effects
caused by the undertaking".
Aspen Enhancement— Similar to the understory removal treatment, under this
prescription non-commercial subalpine fir and mistletoed lodge pole regeneration
would be cut from the understories of existing aspen stands to reduce ladder fuels,
break up the continuity of fuels, and to improve stand health and resiliency of
existing aspen. To stimulate aspen growth the aspen stands may be cut down using
hand tools. The end result of this treatment will be a shaded fuel break around and
adjacent to the treated area. Slash would either be hand-piled for chipping and/or
bucked up by hand, and loaded onto rubber tired vehicles to be hauled to designated
burn piles for burning. All vehicles used will be one-ton or smaller with rubber
tires. Any chippers utilized will be restricted to those which are equipped with
rubber tires and are small enough to be pulled by a one-ton vehicle.
Boundary Treatment—Under this prescription dead standing and down trees and
slash within 200 feet of the National Forest and private land boundary would be
cleared, understory ladder fuels would be removed, and lower branches on retained
trees pruned to create a fuel break that would both increase the ability to control a
wildfire to prevent it from burning onto private land and/or from private land onto
the Forest. Characterized as a "Gelman Forest" concept, the end result of this
treatment will be a park-like area, forested with scattered live trees with little or no
slash or dead trees present. Slash would either be hand-piled for chipping and/or
bucked up by hand, and loaded onto rubber tired vehicles to be hauled to designated
burn piles for burning. All vehicles used will be one-ton or smaller with rubber
tires. Any chippers utilized will be restricted to those which are equipped with
rubber tires and are small enough to be pulled by a one-ton vehicle.
Branch Pruning —Under this prescription selected trees would be pruned to remove
dwarf mistletoe "witch's brooms" to improve tree health and resiliency, reduce
ladder fuels, and to create defensible space around structures. Slash would either be
hand-piled for chipping and/or bucked up by hand, and loaded onto rubber tired
vehicles to be hauled to designated burn piles for burning. All vehicles used will be
one-ton or smaller with rubber tires. Any chippers utilized will be restricted to those
which are equipped with rubber tires and are small enough to be pulled by a one-ton
vehicle.
Broadcast Burning: Prescribed burning activity in which fire is applied generally
to most or all of an area within well-defined boundaries for reduction of fuel hazard,
as a resource management treatment or both.
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Chainsaw Thinning and Wood Chipping— Thinning actions consist of employees
or contractors who walk to stands from developed roads and utilize chain saws to
thin out stands of oak brush, aspen and conifers. Small trees or brush are cut by
hand and dropped to the ground. Often thinning is a precursor to a prescribed burn.
All vehicles used will be one-ton or smaller with rubber tires. Any chippers utilized
will be restricted to those which are equipped with rubber tires and are small enough
to be pulled by a one-ton vehicle.
Christmas Tree Harvesting—Under this treatment, non-commercial subalpine fir
would be cut from the understories of stands along roads through personal-use
Christmas tree sales to further reduce fir in the vicinity. Slash would either be hand
piled for chipping and/or bucked up by hand, and loaded onto rubber tired vehicles
to be hauled to designated burn piles for burning. All vehicles used will be one-ton
or smaller with rubber tires. Any chippers utilized will be restricted to those which
are equipped with rubber tires and are small enough to be pulled by a one-ton
vehicle.
Culturally Modified Trees (CMTs) —CMT's are trees that have been bent, scarred,
or written on during historic and prehistoric times. Native peoples used certain trees
for a food source, medicine, and for ceremonial purposes. Miners and Settlers marked
trees as trail markers. There are four types of CMTs: peeled bark trees, bent trees,
arborglyphs (or message) trees, and burial trees.
Cultural Resource Site: A cultural resource site is the location of a significant event,
a prehistoric or historic occupation or activity, or a building or structure,whether
standing or mined or vanished, where the location itself possesses historical, cultural,
or archaeological value. Cultural resource sites are extremely variable in size and
range from the location of a single object to a cluster of structures with associated
objects and features. A site may consist of cultural materials in a secondary
depositional context or in some cases may exhibit no physical remains at all.
Design Criteria: Design Criteria are the goals a project must achieve in order to be
considered successful. They govern the elements of the proposed action, and do not
vary by alternative. Design criteria written by specialists during the environmental
analysis and included in the design of projects to avoid affecting important resources.
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Developed Recreation Sites: Is defined for the purposes of this agreement as "any
site on lands managed by the Forest Service, used for public recreation that has built
or constructed features and is managed by and/or permitted by the Forest Service."
This list includes, but is not limited to:
• Campgrounds
• Picnic Areas
• Boat Ramps
• Trailheads
• Trails
• Ski Lifts
• Ski Runs
• Parking Areas
• Information and Interpretation Kiosks
• Fishing Docks
• Warming Huts
• Designated Dispersed Camping Site
Emergency Beetle and Hazardous Tree Area (EBHT): Any area of the Forest
where 10 % of trees have been hit with a pathogen that will likely cause mortality
within one year.
Exempt Undertakings: Those classes of undertakings listed in Appendix B that
when managed according to this agreement, have no potential to affect historic
properties, and are exempt from further review or consultation.
Feller—Buncher Grapple Piling - Piling actions consist of using large wheeled or
tracked vehicles to skid downed trees and slash to separate slash piles, which are
then burnt. For the purposes of this agreement, grapple piling includes any activity
where machines are used to push,pull, or skid trees, brush, logs or slash over the
ground.
Fell: To cut down
Fir Removal — Similar to the understory removal and aspen enhancement treatments,
under this prescription non-commercial subalpine fir would be cut from regenerated
clear cuts to promote a more balanced mix of tree species dominated by aspen and
lodge pole pine. Slash would either be hand-piled-for chipping and/or bucked up by
hand, and loaded onto rubber tired vehicles to be hauled to designated burn piles for
burning. All vehicles used will be one-ton or smaller with rubber tires. Any chippers
utilized will be restricted to those which are equipped with rubber tires and are small
enough to be pulled by a one-ton vehicle.
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Fire Line Construction: Construction of a linear boundary that inhibits and/or
contains the spread of fire. Fire lines may be hand- or machine- constructed, or
created by pre-burning organic material (black line).
Fuel: Any living or dead material that will bum.
Grapple Piling—Piling actions consist of using large wheeled or tracked vehicles to
skid downed trees and slash to separate slash piles, which are then burnt. For,the
purposes of this agreement, grapple piling includes any activity where machines are
used to push pull, or skid trees, brush, logs or slash over the ground.
Hazard Tree- Any tree that may fail due to mortality or a structural defect or
changed stand conditions and, as a result, may cause property damage or personal
injury. Every tree will eventually fail; therefore, knowledge of tree species, site
characteristics, and local weather conditions and patterns are essential when
evaluating potentially hazardous trees. A defective tree is hazardous only when its
failure could result in damage to something of value.
Heritage Designee: Is defined for the purposes of this agreement as "a permanent
employee with the Forest Service who is employed in the GS193 series and is at the
grade level of GS 9, or above." The heritage designee must meet the criteria for a
Principal Investigator in the Secretary of the Interior's Standards and Guidelines for
Archeology and Historic Preservation and Professional Qualifications for
Archeologists/Historians (48FR190:447 1 6-44 742).
High Potential Areas: Are defined for the purposes of this agreement as the areas
where the predictive model in Appendix B indicates a high potential for locating
cultural resources.
Historic Property: Historic property means any prehistoric or historic district, site,
building, structure, or object included in, or eligible for inclusion in, the National
Register of Historic Places. For the purposes of this agreement, this term includes
artifacts, records, and remains that are related to and located within such properties.
The term "eligible for inclusion in the National Register" includes both properties
formally determined as such by the Secretary of the Interior and all other properties
that meet the National Register criteria.
Historic Site: Fifteen or more associated artifacts with or without features. In
general, cultural material recorded should be 50 years of age or older. One
bottle 51 years of age and broken into 50 pieces is not a historic site. Artifacts
and/or features may be completely deposited on the surface of the ground,
may be partially on the surface and partially subsurface or buried, or may be
completely buried.
Hydro axe: A specialized cutting head on a piece of equipment used to turn stumps,
wood. or other organic material into mulch.
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Inventory: Includes a literature search, a pedestrian field survey,
determination of eligibility to the National Register of Historic Places when
appropriate, and property management recommendations. The data from the
inventory shall be compiled in a report. It may include treatment plans for
historic properties if necessary. Historic properties will be evaluated using
approved Colorado state contexts. The field surveys and reports will meet the
Secretary of Interior's Standards and Guidelines for Archaeological
Documentation and all Colorado SHPO standards and guidelines for
documentation.
Isolated Find: Fourteen or fewer associated artifacts (historic or prehistoric),
without associated features. Five or fewer prospecting pits that do not have
associated artifacts will be recorded as an isolated find.
Landing: A cleared area within a timber harvest where harvested logs are processed,
piled, and loaded for transport.
Lopping: Cutting tree tops and branches, to a maximum specified height above the
ground after a tree is felled.
Literature Search: A review of existing information about a specific area to
ascertain historic properties potentially affected by an undertaking, including
any data conceming the likelihood that unidentified historic properties exist in
the area of potential effects (36 CFR § 800.4(a)(i)), can include Forest
records, SHPO site files, GLO plats, historic documents, and published
sources. Also referred to as a file search, records review, or Class I survey.
Masticate: To reduce larger woody slash and surface fuels into smaller materials.
Material is generally masticated in place with equipment.
No Field Inventory Project: Any project planned on National Forest System
Lands were the project lies within, or pedestrian access to a project is within
an area of an imminent failure stand, and the Risk Management Matrix falls
within the Unacceptable/Intolerable range.
Personal Firewood Sales—Permits are sold to the public which allow individuals to
cut firewood for personal use. Slash would be lopped and scattered with heavier
concentrations hand-piled and burned in designated burn areas. All vehicles used
will be one-ton or smaller with rubber tires. Any chippers utilized will be restricted
to those which are equipped with rubber tires and are small enough to be pulled by a
one-ton vehicle.
Prehistoric Site: Fifteen or more associated artifacts with or without
associated features. Artifacts and/or features may be completely deposited on
the surface of the ground, may be partially on the surface and partially
subsurface or buried, or maybe completely buried.
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Project Implementation: For the purposes of this agreement, project
implementation means the actual construction, timber sale or other ground
disturbing action of the undertaking. Contracting, planning, and landline surveys in
preparation of the project are not considered part of the project implementation.
Protective Chemical Spraying—Chemical pesticides will be used on individual
trees and on small stands of trees. Employees walk from developed roads to the
infected trees, and apply the chemical by hand. No trees are removed under this
activity.
Public Slash Disposal Area— Under this prescription, a gravel pit or non-forested
area will be identified in the project area to serve as a slash disposal area for both the
FS and private landowners in the vicinity. The slash will be piled by hand and burned
(yearly) each fall when there is adequate snow. All vehicles used will be one-ton or
smaller with rubber tires. Any chippers utilized will be restricted to those which are
equipped with rubber tires and are small enough to be pulled by a one-ton vehicle.
Slash: Branches and other woody material left on a site after tree cutting.
Snag: A standing dead tree or part of a dead tree from which at least the smaller
branches have fallen.
Stand: A continuous group of trees sufficiently uniform in age-class distribution,
composition, and structure, and growing on a site of sufficiently uniform quality, to
be a distinguishable unit.
Staging Area: An area in which vehicles, equipment or supplies may be parked or
driven repeatedly, resulting in ground disturbance.
Survey: The actual field examination of the APE to locate historic properties. Three
types are:
1. Sample—A pedestrian field examination, of a portion (or portions) of a
project area for historic properties. This type of survey is considered
sufficient for the identification of all historic properties within the APE,
which could be affected by the undertaking.
2. Intensive— Afield examination designed to identify, to the extent
practicable, all locatable cultural resources within an area defined by the
survey strategy.
3. Reconnaissance—Reconnaissance surveys are visual or predictive
surveys that identify the general distribution, location, and nature of
cultural resources within a given area. These surveys are generally of low
intensity and record only selective resources.
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Temporary Road Construction and Road Reconstruction —Construction of a
road or a formal way or reconstruction of an existing road, trail, or way for accessing
a prescribed burn or tree removal activity, including widening, rerouting, and adding
water or soil erosion control features.
Understory Removal — Under this prescription non-commercial subalpine fir and
mistletoed lodge pole regeneration would be cut from the understories of existing
mixed conifer stands, lodge pole timber and small saw timber stands to reduce
ladder fuels, break up the continuity of fuels, and to improve stand health and
resiliency. This treatment is proposed along with the commercial treatment
sanitation/salvage. Slash would either be hand-piled for chipping and/or bucked up
by hand, and loaded onto rubber tired vehicles to be hauled to designated burn piles
for burning. All vehicles used will be one-ton or smaller with rubber tires. Any
chippers utilized will be restricted to those which are equipped with rubber tires and
are small enough to be pulled by a one-ton vehicle.
Undertaking: Any project, activity, or program funded in whole or in part under
the direct or indirect jurisdiction of a Federal agency, including: (1) those carried
out by or on behalf of a the agency; (2) those carried out with Federal financial
assistance; (3) those requiring a federal permit, license, or approval: and (4) those
subject to State or local regulation pursuant to a delegation or approval by a Federal
agency.
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APPENDIX D. FORMAT FOR ANNUAL REPORTING
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APPENDIX E. PROCESS FOR NEPA ANALYSIS FOR ALL
UNDERTAKINGS
1.) Pre-Decision Process:
The following actions will be completed as part of the Forest's environmental
analysis under NEPA, prior to issuance of a Decision Memo (DM), or Finding of
No Significant Impact (FONSI):
a. The Forest shall use the NEPA scoping process and other means necessary
to identify consulting parties as required in 36 CFR §800.3O).
b. The Forest shall conduct a literature search of existing information and
compile a literature review identifying all known heritage resources in the
analysis area. The literature review will include information obtained during
the literature search and through consultation with the SHPO, Indian tribes,
and the public during the NEPA scoping process.
c. The Categorical Exclusion (CE) or NEPA Environmental Analysis (EA)
will include a heritage specialist report and summary of tribal consultation
efforts which do not disclose sensitive site information, and will use this
information as a basis for determining potential effects of the undertaking(s)
on historic properties. The DM or FONSI will also reference this agreement
and condition the decision on compliance with the Stipulations contained in
this Agreement.
d. The CE or EA will include the following Standard Treatments as Design
Criteria for the protection of cultural resources and will reference this
Agreement in the NEPA document.
Hazardous Tree Removal, Grapple Piling, Mechanical 'Treatment
and/or Commercial Timber Sale, Skid Trails and Landing Areas
Design Criteria - When sites that are evaluated as field eligible historic
properties are located during the field inventory, no mechanical treatment
will occur within the site boundary plus a 50-foot buffer around the site.
If treatment is necessary, these sites and the 50-foot buffer will be hand-
treated for hazard trees and accumulated fuel build up utilizing the
treatment options in Stipulation A.
Road Construction, Temporary Road Construction
Design Criteria - When sites that are evaluated as field eligible historic
properties are located during the field inventory, a 50-foot buffer around
the site will be established. The construction for the project will be
moved to avoid the site and the 50-foot buffer area. If the undertaking
consists of road construction, prescribed fire control line construction or
water line construction and there is the potential for unidentified buried
cultural remains, the road/fire line/water line will be moved to avoid the
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ARP PA Emergency/Hazardous Work Environment Draft #2 Jan. 8, 2014
site and the construction activities in the area will be monitored by an
archaeologist.
Actions where a culturally modified tree may be felled, limbed or
removed
Design Criteria - Any culturally modified trees found will be
photographed with 35mm black and white film, and will be mapped
using GPS. The photos will be developed using standard archival
techniques. The photos and site forms with maps will be sent to the
SHPO. When culturally peeled trees are felled or die and are wind
thrown, additional descriptive information and age borings or scar cross
sections will be made to gather as much information about the trees.
2. Post NEPA Decision Process
The following actions will be carried out by the Forest AFTER the NEPA decision
is made, wherein cultural resource inventories will be conducted before project
implementation, but where the final cultural resource inventory report will be
completed during or after the project implementation:
a. The Forest will develop a specific project plan. The APE for mechanical
treatment along roads and trails will be defined as a 200-foot corridor on both
sides of the road. The APE for developed recreation sites will be defined as
the administrative boundaries of the site and a 100-foot buffer around the
developed recreation site. The APE for power lines will be a 200-foot
corridor from centerline for transmission lines and a 75-foot corridor from
centerline for distribution lines. The APE also includes any slash piles that
will be burned outside of the corridors. The Forest will complete field
inventories of all areas defined as "areas of high potential for historic
properties" within the APE using the survey strategy contained in Appendix
B, or survey strategy based on a probability model approved in advance by
SHPO. The Forest will determine which of the following reporting process
(Process with Standard Treatments or Phased Reporting) will be used and will
submit a letter of notification to the SHPO containing information about the
APE, High Potential Areas, and reporting process, as defined in Stipulation
B(5), the Forest proposes to use.
b. If during the field inventory cultural resources are located through field
inventory or consultation with Indian tribes or other interested parties that
may have traditional cultural and religious significance to Indian Tribes or
other interested parties the Forest will conduct additional consultation with
SHPO and the affected Indian tribes or other interested parties. This
consultation may include determination of eligibility and potential effect to
sites, and/or mitigation to minimize or mitigate effects.
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ARP PA Emergency/Hazardous Work Environment Draft #2 Jan. 8, 2014
c. If during the project development and planning, the heritage staff
determines that specific actions in the project have the potential to affect roads
or power lines that are 50 years old or older, then the road or power line shall
be considered to be within the APE and will be recorded and evaluated. All
developed recreation sites that are 50 years old or older that have proposed
mechanical treatments shall be considered to be within the APE for the project
and will be recorded and evaluated. The site forms for recorded roads, power
lines and developed recreation sites will be included in the inventory report.
d. The Forest will follow the reporting process for each individual undertaking
as stipulated in the Notification Letter to SHPO and Stipulation B. If the
Forest has not sent a notification letter to the SHPO declaring the use of the
reporting process as in Stipulation B (5), the Forest will follow the process
specified in federal regulations, "Protection of Historic Properties" (36 CFR
§§ 800.3 through 800.6), prior to project implementation.
e. If the Forest Service determines that adverse effects cannot be avoided, or if
the SHPO objects to a finding of no adverse effect, the Forests will rescind the
portion of the DM or FONSI, that implements the undertaking for the area
where the historic property is located and consult further with the SHPO and
other consulting parties in accordance with 36 CFR § 800.6 to resolve the
adverse effects, including notifying the ACHP of the determination of adverse
effect. Consultation and mitigations of adverse effects will be completed prior
to project implementation.
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ARP PA Emergency/Hazardous Work Environment Draft#2 Jan. 8, 2014
APPENDIX F.
WORK ACTIVITY SUPPLEMENT
TO
HAZARDOUS ENVIRONMENTAL CONDITIONS
GUIDELINES AND PROCEDURES
Introduction
The hazardous environment conditions requires us to look beyond traditional approaches for
assuring the health and safety of our employees. When and where appropriate, the
introduction and use of risk management tools can be valuable in complimenting a Job Hazard
Analysis in assessing the hazards, risks and consequences of employee exposure. It can also be
useful for aiding decision makers in defining the conditions of how work will be accomplished;
and whether or not a work activity should even be initiated. Some key principles of assessing
risk include:
• Situational awareness at all times during the work activity.
• Assessing the existing and potential hazards.
• Assessing the risk in relation to the known and unknown hazards.
• Identifying options and risk mitigations.
• Evaluating risk versus the benefits of accomplishing work activities.
• Identifying decision/trigger points for ceasing the work activity.
• Having monitoring standards to assess unforeseen changes in the work site
environment as well as those human factors associated with our employees engaged in
the work activity.
Line Officer Work Activity Review
A Line Officer Work Activity Review (Attachment A) will be used to verify that a comprehensive
review of all work activities in bark beetle impacted areas, areas of hazardous environmental
conditions and after an environmental disaster has been done to assure that the continued
safety and health of our employees has been fully addressed. Local Line Officer leadership must
demonstrate an integral role in defining work objectives, tools and methods of the work to be
performed, and weighing the benefits of work against employee exposure and risk. As specified
in (3) of the Theater-wide Guidelines and Procedures, a Job Hazard Analysis (JHA) is the
approved process for identifying hazards and appropriate mitigations. A risk
management/assessment process will not be used in lieu of the JHA; however the field is
encouraged to supplement their JHA process with risk management tools where this additional
assessment would assist in better defining hazards and potential consequences.
A sample copy of a Risk Management Analysis form (Attachment B) and Risk Management
Matrix (Attachment C) is provided. These are basic examples of the many risk management tools
and methods that are available and when used together, can assist further in assessing risk and
associated consequences. Work sites associated with Enterprise Teams, Youth Corps, Job Corps
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ARP PA Emergency/Hazardous Work Environment Draft#2 Jan. 8, 2014
and Department of Corrections, and crews through other agreements will have a JHA completed
and reviewed with each of the groups.
Work Activity Categories
The following categories are not all inclusive of those being performed by our employees or
partners; however they represent key work activities associated within bark beetle impacted
areas, areas of hazardous environmental conditions and after an environmental disaster.
Further reference must be made to the FSH 6709.11 Health and Safety Code Handbook for
requirements associated with other activities not specified here.
1. Field Surveys, Measurements, Inventories
a. All critical steps (1-11) identified in the June 24, 2010 Safety Guidelines and
Procedures will be understood and followed by all field going employees
performing any type of resource survey, assessment, inventory, and
measurement work activity.
2. Contract/Permit/Agreement Administration
a. All critical steps (141) identified in the June 24, 2010 Safety Guidelines and
Procedures and will be understood and followed by all field going employees in
the administration of contracts, permits, and agreements.
b. Should a decision be made to disengage from a work site noted above, an
employee will communicate with the contract/permit/agreement holder's on-
site representative the basis for disengaging.
Briefing and Monitoring
A comprehensive safety briefing package in conjunction with a face-to-face meeting will be
provided and conducted with all in-coming resources. This briefing will provide a two-way
communication opportunity for resources to become fully aware of the specific hazards
associated with their assignment,the local policies, local weather sources, and emergency
evacuation procedures. Additionally, all in-coming resources must be fully engaged in leadership
expectations for management of exposure and risk, and their role in managing their personal
health and safety while assigned.
IMO Safety Officers, work supervisors, and Line Officers will monitor the application of all safety
related principles through frequent visits to work sites to provide input into safety issues and
concerns. Work supervisors and Line Officers will also manage the fatigue of all their employees
through monitoring of consecutive days worked and days off.
Documentation Process
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ARP PA Emergency/Hazardous Work Environment Draft #2 Jan. 8, 2014
Signed copies of the Line Officer Work Activity Review, and all supporting documentation
including any risk assessments processes for each project will be scanned at the local unit and
electronically sent to Forest Safety Officer.
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^r,n PA Emergency/Hazardous Work Environment Draft #2 Jan. 8, 2014
t°AsT s Attachment "A"
1441°T Line Officer
`!nrioe�r Mpaa
Work Activity Review
Project Name:
Project Location (Forest &District):
Project description/work activity to be performed:
Is this project a District and/or-Forest priority? Yes No
Basis:
What work accomplishment methods have been evaluated?
If this is a tree falling work activity, what is the recommended method?
Mechanical (with administration)
Hand: Occasional Extended
Basis:
Has a Job Hazard Analysis been completed: Yes No
Was a risk assessment process used to supplement the JHA?
Yes: No
If yes,please describe the risk assessment process used for this project to allow engagement with
mitigations if needed?
Under what conditions will the assigned resources be directed to disengage from the project?
How will this project be monitored for safe work practices, implementation of safety procedures,
emergency evacuation procedures, communications and span of control?
Line Officer Review
I have reviewed the need for this work activity, the basis for the selected method and resource, and
concur that the Job Hazard Analysis plus any supplemental risk assessment process has appropriately
identified the hazards and recommended mitigation measures to be taken. This document(s) will be
provided and reviewed as a part of the in-brief for those resources assigned.
Name: Date:
District Ranger/Line Officer
48
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USFS MBR Agreement No. 07-MU-11020600-056
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USFS WR Agreement No. 07-MU-11021500-043
USFS PSI Agreement No. 07-MU-11021200-071
Risk Management Matrix
Severity
1 2 3 4 5
Negligible Minor Major Hazardous Catastrophic
5 6 7
Frequent •
•
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Ri 4
Occasional 6 7
i.,
Acceptable/
3 Tolerable
Remote With 7
Mitigation
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4 Improbable 6 7
1
Extremely 6
Improbable
Severity- Levels of Consequences:
5- Catastrophic- Equipment Destruction, multiple fatalities, Stress on Operations
4-Hazardous -Physical Distress, Serious Injury, Major Equip Damage, Operations Overload
3-Major- Serious Injury, Serious Accident, Serious Reduction in Safety Margins
2 -Minor-Nuisance,Use of Emergency Procedures,Minor Incident
1 -Negligible-Little Consequence
Likelihood/Probability of Occurrence:
5-Frequent-Likely to Occur Many Times
4-Occasional-Likely to Occur Sometimes •
3-Remote-Unlikely,but possible to Occur
2 -Improbable-Very Unlikely to Occur
1 -ExtremelyImprobable-Almost Inconceivable that the Event Will Occur
Risk Level:
Red (8 to 10)-Unacceptable/Intolerable
Yellow (6-7)-Acceptable/Tolerable with Mitigations
Green (2-5)-Acceptable/Tolerable
50
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