Environmental Assessmenta123.g.akamai.net/7/123/11558/abc123/forestservic...Enhance hunting experience in Unit 61, a specialty Colorado hunting unit, by eliminating a large non-federal

United States

Department of

Agriculture

Forest

Service

August 2013

Environmental Assessment

Hotchkiss Reservoir Land Exchange

Norwood Ranger District

Grand Mesa, Uncompahgre, and Gunnison National Forests

Montrose, San Miguel and Ouray Counties, Colorado

Hotchkiss Reservoir

For Information Contact:

Dee A. Closson

Lands/Minerals Staff Officer

Norwood Ranger District

PO Box 388

Norwood, CO 81423

(970) 327-4261

[email protected]

Hotchkiss Reservoir Land Exchange i

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities

on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status,

familial status, parental status, religion, sexual orientation, genetic information, political beliefs,

reprisal, or because all or part of an individual’s income is derived from any public assistance program.

(Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative

means for communication of program information (Braille, large print, audiotape, etc.) should contact

USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination,

write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC

20250-9410, or for Forest Service issues please call, toll free, (866) 632-9992 (Voice). TDD users can

contact USDA through local relay or the Federal Relay at (800) 877-8339 (TDD) or (866) 377-8642

(relay voice users). USDA is an equal opportunity provider and employer.

Hotchkiss Reservoir Land Exchange ii

TABLE OF CONTENTS

TABLE OF CONTENTS ......................................................................................................................... ii

SUMMARY .............................................................................................................................................. 1

Document Structure .............................................................................................................................. 2

Background ......................................................................................................................................... 3

Purpose and Need for Action ................................................................................................................ 3

Proposed Action .................................................................................................................................... 4

Consistency with the Forest Plan, Laws, Regulations, Policies, and Other Guidance ....................... 10

Land Management Plan ................................................................................................................... 10

Future Use ....................................................................................................................................... 11

Land Ownership Adjustment Strategy (LOAS) .............................................................................. 12

Uncompahgre National Forest Travel Plan ..................................................................................... 12

Decision Framework ........................................................................................................................... 12

Public Involvement ............................................................................................................................. 13

Issues ................................................................................................................................................... 15

Key issues ........................................................................................................................................ 15

ALTERNATIVES INCLUDING THE PROPOSED ACTION ............................................................. 16

Alternatives Considered But Dropped From Detailed Analysis ......................................................... 16

Alternatives ......................................................................................................................................... 16

Alternative 1 – Proposed Action ..................................................................................................... 16

Alternative 2 – No Action ............................................................................................................... 18

Comparison of Alternatives ................................................................................................................ 18

ENVIRONMENTAL CONSEQUENCES ............................................................................................. 20

Hazardous Materials ........................................................................................................................... 20

Existing Condition (No Action Alternative) ................................................................................... 21

Environmental Consequences (Proposed Action) ........................................................................... 21

Threatened and Endangered Species ................................................................................................... 21



Forest Service Sensitive Species ......................................................................................................... 22



Management Indicator Species ........................................................................................................... 22



Hotchkiss Reservoir Land Exchange iii

Wetlands and Floodplains ................................................................................................................... 24



Cultural Resources .............................................................................................................................. 24



Minerals .............................................................................................................................................. 25



Recreation ........................................................................................................................................... 26



Valuation ............................................................................................................................................. 26

Cumulative Effects .............................................................................................................................. 27

CONSULTATION AND COORDINATION ........................................................................................ 27

Document Preparers ............................................................................................................................ 27

Federal, State, and Local Agencies ..................................................................................................... 27

Tribes .................................................................................................................................................. 28

Others .................................................................................................................................................. 28

Documents Referenced ....................................................................................................................... 28

Hotchkiss Reservoir Land Exchange 1

SUMMARY

The land exchange proposal that is considered in this document is located within the Norwood and

Ouray Ranger Districts of the Grand Mesa, Uncompahgre and Gunnison (GMUG) National Forests, as

shown on the Vicinity Map.

Vicinity Map

National Forest Boundary Private lands Federal Parcels Non-Federal Parcel

Federal Parcel No. 2

61.189 acres


704.973 acres

Non-Federal Parcel

726.119 acres


27.46 acres

Sanborn Park Road

(NFSR 530)

Disclaimer

The USDA Forest Service makes no warranty, impressed or implied regarding the data displayed on this map, and reserves

the right to correct, update, modify, or replace this information without notification.

Dave Wood Road

(NFSR 510)

NFSR 514

NFSR 551

National Forest

Boundary

WAPA Power line


The non-federal parcel to be acquired consists of 726.119 acres which is located on the Uncompahgre

Plateau.

The federal property consists of three parcels: Federal Parcel No. 1 is located on the Norwood Ranger

District which consists of 704.973 acres; Federal Parcel No. 2 is located on the Ouray Ranger District

which consists of 61.189 acres; and Federal Parcel No. 3 is also located on the Ouray Ranger District

consisting of 27.46 acres, for a total of 793.622 acres. All three of these parcels are also located on the

Uncompahgre Plateau. One, two or three of these parcels, depending on their value, would be

exchanged with Spear Colorado, L.P.

INTRODUCTION

Document Structure_________________________________________________________

This Environmental Assessment (EA) documents the analysis of the potential environmental effects

resulting from a proposal to exchange up to 793.622 acres of National Forest System (NFS) lands for a

726.119 acre non-federal inholding. In compliance with the National Environmental Policy Act

(NEPA), this EA addresses the direct, indirect, and cumulative environmental impacts that may result

from implementation of the proposed action or its alternatives.

The information contained in this EA will allow the Forest Supervisor to make an informed decision

about how best to meet the stated purpose and need for action. The decision will be documented in a

Decision Notice when the environmental review process is completed.

Introduction: This section includes information on the history of the project proposal, the

purpose of and need for the project, and the agency’s proposal for achieving that purpose and

need. This section also details how the Forest Service informed the public of the proposal and

how the public responded.

Comparison of Alternatives, including the Proposed Action: This section provides a more

detailed description of the agency’s proposed action as well as alternative methods for

achieving the stated purpose. These alternatives were developed based on significant issues

raised by the public and other agencies. This discussion also includes possible mitigation

measures. Finally, this section provides a summary table of the environmental consequences

associated with each alternative.

Environmental Consequences: This section describes the environmental effects of

implementing the proposed action and other alternatives. This analysis is organized by

resource areas. Within each section, the affected environment is described first, followed by

the effects of the No Action Alternative that provides a baseline for evaluation and comparison

of the other alternatives that follow.

Consultation and Coordination: This section provides a list of preparers and agencies

consulted during the development of the environmental assessment.

Additional documentation, including more detailed analyses of project-area resources, can be found in

the project planning record located at the Norwood Ranger District office in Norwood, Colorado.


Background _______________________________________________________________

On March 4, 2010, Spear Colorado, L.P., formally submitted a proposal to the Norwood Ranger

District to proponent finance a land exchange with this Forest. Spear Colorado, L.P., currently owns

what is locally known as the “Weimer Property” which consists of 726.119 acres located on the

Uncompahgre Plateau. This property is a large non-federal inholding surrounded on all sides by

National Forest System (NFS) lands.

The federal property consists of three parcels: Federal Parcel No. 1 is located on the Norwood Ranger

District which consists of 704.973 acres, Federal Parcel No. 2 is located on the Ouray Ranger District

which consists of 61.189 acres, and Federal Parcel No. 3 is also located on the Ouray Ranger District

consisting of 27.46 acres.

If the Forest were to acquire the non-federal parcel, this would place all of Hotchkiss Reservoir into

public ownership, thus complementing a previous land exchange that took place within the immediate

surrounding area. The non-federal parcel is located within the specialty Colorado hunting Unit 61,

where, on average, it takes about 15 years to draw a hunting license. This parcel would also place

habitat into public ownership for the Gunnison sage grouse. Most importantly, conveying this parcel

into public ownership eliminates a very large non-federal inholding, thus protecting the

aforementioned features and making the very southern tip of the Uncompahgre Plateau all NFS lands.

Conveying the federal parcels into private ownership further streamlines boundary patterns, eliminates

a small sliver of NFS lands that requires several different land owners to obtain an easement from the

Forest Service to cross, and assists in implementation of the Uncompahgre Travel Plan.

Purpose and Need for Action_________________________________________________

The need for action is to acquire land to:

Complement the previous Carston Land Exchange, eliminating an isolated inholding and

completing the consolidation of NFS lands in this area.

Acquire potential Gunnison sage grouse habitat.

Allow for public access on the entire length of National Forest System Roads (NFSR) 514 and

551, which could be combined back to one road, and allow better access into the North Creek

drainage.

Enforce the Uncompahgre Travel Plan by eliminating illegal routes going around the non-

federal parcel.

Enhance hunting experience in Unit 61, a specialty Colorado hunting unit, by eliminating a

large non-federal inholding.

Encourage big game to stay on NFS lands longer during the spring and fall transition times to

minimize impact on private lands.

Increase of 1.59 acres of water benefiting wetlands on NFS lands.

Place all of the 4.68 acre Hotchkiss Reservoir into public ownership.


To convey land that:

Consolidates private and Forest Service ownership patterns on the eastern Forest boundary of

the Uncompahgre National Forest.

Resolves a right-of-way issue between the Forest and several land owners along the Dave

Wood Road (NFSR 510). These landowners currently hold a special use permit from the

Forest allowing access across Federal Parcel No. 3 to their subdivision. Upon completion of

the land exchange, they would either hold an easement with equal or better terms than current

special use permit or be allowed to purchase Federal Parcel No. 3 from Spear Colorado, LP.

Conveyance of the federal parcels will allow the Forest to acquire the non-federal parcel which

contains suitable sage habitat that is identified as historic range for Gunnison Sage grouse.

This action responds to the goals and objectives outlined in the Grand Mesa, Uncompahgre and

Gunnison National Forest Land and Resource Management Plan (Forest Plan), as amended, and helps

move the project area towards desired conditions described in the Forest Plan. These goals are listed in

Chapter III, pages 71-73 which states “Acquire lands that are valuable for National Forest Service

purposes such as lands in designated wilderness areas, rights-of-ways needed to meet resource

management goals, lands that provide habitat for threatened and endangered species, lands which

include floodplain or wetlands, or lands having historical or cultural resources, outstanding scenic

values or critical ecosystem when these resource are threatened by change of use….”

The Forest Plan describes objectives in classifying lands for disposal and lists “When critical or unique

resource (wetlands, floodplains, essential big game winter range, threatened or endangered species

habitat, etc…) effects are mitigated by reserving interests to protect the resource, or by exchange where

other critical resources to be acquired are considered to be of equal or greater value.”

Proposed Action____________________________________________________________

The Forest is considering a proposal by Spear Colorado, L.P., to exchange 726.119 acres of non-

federal land for 793.622 acres of NFS lands, all located on the Uncompahgre Plateau. The non-federal

land is located in Montrose County and the federal lands are in Montrose, San Miguel and Ouray

Counties. All parcels are located on the Uncompahgre Plateau of the Uncompahgre National Forest.

The following non-federal lands are proposed for exchange to the Forest Service by Spear Colorado,

L.P.:


Non-Federal Parcel

National Forest System lands Non-Federal Parcel – 726.119 acres

NFSR 514

NFSR 551

Disclaimer

The USDA Forest Service makes no warranty, impressed or implied regarding the data displayed on this map, and reserves the right to

correct, update, modify, or replace this information without notification.

N.M.P.M., T. 45 N., R. 11 W.,

Section 8: S½SW¼, SW¼NE¼, SE¼

Section 9: W½SE¼, SW¼

Section 17: NW¼NE¼, NW¼

Montrose County, Colorado

Hotchkiss Reservoir


The following federal lands are proposed for exchange to Spear Colorado, L.P.:


National Forest System lands Private lands Federal Parcel 1 – 704.973 acres

Disclaimer

The USDA Forest Service makes no warranty, impressed or implied regarding the data displayed on this

map, and reserves the right to correct, update, modify, or replace this information without notification.

N.M.P.M., T. 45 N., R. 11 W.,

Section 15: S½S½NW¼, NE¼SW¼, W½SW¼, NW¼SE¼

Section 16: portion

Section 21: portion

Section 22: W½NW¼, W½SW¼, SE¼SW¼, SW¼SE¼

Section 27: portion

Montrose County, CO and San Miguel County, CO

NFSR 551

Eldred

Casselberry

Spear

Spear

USFS

USFS

USFS

Lot 11A

Spear

Spear

Lot 6A

Lot 6B

USFS

WAPA Power Line




Dave Wood Road

NFSR 510

N.M.P.M., T. 46 N., R. 10 W.,

Section 9: portion

Ouray County, CO

Disclaimer

The USDA Forest Service makes no warranty, impressed or implied regarding the data displayed on this map, and reserves the right

to correct, update, modify, or replace this information without notification.




Dave Wood Road

(NFSR 510)

Disclaimer

The USDA Forest Service makes no warranty, impressed or implied regarding the data displayed on this map, and reserves

the right to correct, update, modify, or replace this information without notification.

N.M.P.M., T. 46 N., R. 10 W.,

Section 17: portion

Section 20: portion

Montrose County, CO

Dave Wood Road

(NFSR 510)


Under the proposed action the lands proposed for acquisition by the Forest Service would include the

following uses and recognized interest for the future:

Land would become part of the Craig Point C&H allotment and continue to be grazed by cattle

authorized under the appropriate federal grazing permits.

The Craig Point and North Creek C&H allotment boundaries and pasture fences would be

redesigned resulting in the removal and installation of fences.

The Forest would acquire both of the historic Lambert homesteads (one of which is known as

the Weimer cabin). These homesteads are eligible for the National Register of Historic Places

and would be managed as such by the Forest’s Heritage program.

NFSR’s 514 and 551 could be combined into one road and open to full size motorized vehicles,

as both routes currently exist.

Land would be open to the public for hunting and recreational purposes; this also includes all of

Hotchkiss Reservoir. There are no water rights associated with this reservoir.

The hunting blind located due south of Hotchkiss Reservoir, on the very southeast property

corner, would be removed prior to acquisition.

All mineral rights associated with the non-federal parcel will be conveyed to the United States.

The federal lands conveyed into private ownership:

Would continue to be grazed by cattle for two years unless the permittee elects to waive their

right. Future grazing would be subject to terms of a private lease should the landowner wish to

allow grazing.



Federal Parcel No. 1 would be fenced from the northern boundary south, to just beyond VH

Pasture Reservoir, with elk friendly fence.

Spear Colorado, L.P. would be responsible, both contractually (to Forest Service specifications)

and monetarily, for re-routing the existing NFSR 551 to the west, starting north of VH Pasture

Reservoir and ending at the existing allotment fence south of VH Pasture Reservoir, at

N.M.P.M., T. 45 N., R. 11 W., Sec. 21: E½NE¼. This would be completed no later than two

(2) years after the closing of the land exchange. (Affects Federal Parcel No. 1).

Both of the historic Barlow homesteads would be conveyed into private ownership. These

homesteads are eligible for the National Register of Historic Places and would be conserved via

the terms of a Memorandum of Agreement which will allow for data recovery, excavation and

curation of these sites (Affects Federal Parcel No. 1).

At closing, Spear Colorado, L.P. would convey a public road easement to Montrose County for

the Dave Wood Road (NFSR 510) as it crosses Federal Parcels No. 2 and No. 3.

At closing, the Forest would convey a Forest Road Easement to Spear Colorado, L.P. for NFSR

536.3A (Spring Creek Cutoff Road). (Affects Federal Parcel No. 2).

At closing, Spear Colorado, L.P. would convey a road easement to Cornerstone Metro District

for the continued use of their access road at N.M.P.M., T. 46 N., R. 10 W., Sections 17 and 20.

(Affects Federal Parcel No. 3).

Reserve to the United States a right-of-way thereon for ditches and canals constructed by the

authority of the United States, Act of August 30, 1890 (26 Stat. 391; 43 U.S.C. 845).

Mineral estate would be conveyed to Spear Colorado, L.P., for the federal parcels, except for

those minerals held in private ownership.

Water rights for Vurl Reservoir would be conveyed to Spear Colorado, L.P., which affects

Federal Parcel No. 1.


Consistency with the Forest Plan, Laws, Regulations, Policies, and Other Guidance__________________________________________________________________

Land Management Plan

The Forest Plan was issued in 1983 and subsequently amended in 1991.

A review of the Forest Plan has been made to determine this exchange proposals compliance. Listed

below is the Lands direction as stated on page III 71-73 of the Forest Plan; and how the proposed land

exchange complies with the Forest Plan:

1. Acquire rights-of-ways (ROW’s) on existing Forest System roads and trails that cross private

land.

Compliance with Forest Plan: With the acquisition of the non-federal parcel, NFSR 514 and

551 could once again form one road. NFSR 514 is on the north side of the property and NFSR

551 is on the south side of the property. Currently, the non-federal parcel dissects this road into

two separate roads, since there is not a public right-of-way through this parcel.

2. Ensure floodplain and wetland values are approximately equal on both offered and selected

properties.

Compliance with Forest Plan: The Uncompahgre Plateau is relatively arid, with surface water

generally confined to small streams most of which flow intermittently, therefore, wetlands are

exceedingly rare and in nearly all cases associated with either perennial surface water or a

perched groundwater aquifer. There was little to indicate that naturally occurring wetlands

exists within either the federal or non-federal parcels. No jurisdictional wetlands exist within

the parcels.

There are no designated floodplains within the project area. The exchange as proposed would

be a reasonable value for value trade with regard to floodplains and wetlands. (Spears Ranch

Land Exchange, Floodplain and Wetlands Report, John Almy, October 26, 2010).

3. Classify interest in lands for acquisition according to the following priorities:

a. In designated Wilderness Areas. – Not applicable.

b. Where lands or ROW’s are needed to meet resource management goals/objectives. – The

non-federal land is needed to allow NFSR 514 and 551 to be combined back into one road,

allowing better access into the North Creek drainage.

c. Lands providing habitat for threatened and endangered species. - While not yet a federally

listed species, protecting the Gunnison sage grouse habitat is critical.

d. Lands which include floodplain or wetlands. - Not applicable.

e. Lands having historical or cultural resources, outstanding scenic values or critical

ecosystems threatened by change of use. – The historic Lambert Homestead Sites, built in

1910 and 1919, reside on the non-federal parcel.


4. Classify lands for disposal according to the following priorities:

a. To states, counties, cities, or other Federal agencies when disposal will serve a greater public

interest.

b. In small parcels intermingled with mineral or homestead patents.

c. When suitable for development by the private sector is in the public interest.

d. When critical or unique resource effects are mitigated by reserving interest to protect the

resource, or by exchange where other critical resources to be acquired are considered to be of

equal or greater value.

Compliance with Forest Plan: Conveying Federal Parcel No. 1 by exchange allows for

acquisition of a public right-of-way, potential Gunnison sage grouse habitat, and places all of

Hotchkiss Reservoir into public ownership (Applies to Item D above).

Federal Parcel No. 2 and No. 3 are located along the Dave Wood Road (NFSR 510), which has

become a commuter route between the towns of Norwood and Montrose. Due to the high

activity levels in this area, these parcels are better suited in private ownership (Applies to Item

C above).

Future Use

Non-Federal land conveyed to the Forest:

Future management of the non-federal land would follow the current management area direction

designated for the surrounding NFS lands as stated in the Forest Plan and the Uncompahgre National

Forest Travel Plan.

The non-federal parcel is located within Management Area 6B which is managed primarily for

livestock grazing and for semi-primitive non-motorized, semi-primitive motorized and roaded natural

recreation opportunities.

This parcel would be included in the Craig Point C&H allotment and would be grazed by cattle. The

fences located on this property will be evaluated for need by the District Range Conservationist with

the possibility of removal of portions or possibly all.

The Lambert Sites (commonly known as the Weimer Cabin) are eligible for the National Register of

Historic Places and would be managed as such by the Forest Heritage Resource Program.

The hunting blind located due south of Hotchkiss Reservoir, on the very southeast property corner,

would be removed before acquisition.

Also, upon the acquisition of this property, NFSR 514 and 551 would be combined into one road

allowing the public better and uninterrupted access to this part of the Forest.


Federal land conveyed to Spear Colorado, L.P.:

Future management of the federal parcels would continue basically as it is today. Spear Colorado, L.P.

has stated there are no plans to develop any of the properties but to keep Federal Parcel No. 1 as a

sanctuary for elk and to continue grazing cattle; Federal Parcel No. 2 would be combined with other

undeveloped property owned by Spear Colorado, L.P.; and Federal Parcel No. 3 would either be

offered to the adjacent land owners to resolve access problems along the Dave Wood Road (NFSR

510) or a replacement easement will be granted across this parcel for access to the adjacent land.

Once the federal parcels are conveyed into private ownership, they take on all of the rights and

privileges afforded under state law. Future land use will be under the jurisdiction of the appropriate

local government.

Land Ownership Adjustment Strategy (LOAS)

All alternatives, including the proposed action, were reviewed for consistency with the Landownership

Adjustment Strategy (LOAS) for the Norwood Ranger District approved on August 24, 1995. The

primary objective of landownership adjustment is to achieve the optimum land ownership pattern in

the National Forest System that provides for resource use and protection to meet public needs.


The portions of this parcel that are located in section 15 are identified in the LOAS as property to

convey for the purpose of ownership consolidation.

Federal Parcel No. 2 and 3

These properties are located on the Ouray Ranger District in which a LOAS has not yet been

completed.

Non-Federal Parcel

This parcel is identified for acquisition in the LOAS for the following reasons: 1) consolidation of

ownership; 2) management efficiency; 3) to acquire inholdings; 4) acquire access to NFS lands and 5)

acquire critical wildlife habitat.

Uncompahgre National Forest Travel Plan

The Record of Decision for the Uncompahgre National Forest Travel Management Plan

(Uncompahgre TMP) was signed in March 2002. This Uncompahgre TMP identifies which roads and

trails on the Forest are open to motorized use and the type of uses allowed on these routes. The

proposed action was developed to be consistent with Uncompahgre TMP objectives. Routes necessary

to meet travel objectives for administration and public use through the federal parcels were identified

for rights-of-way reservation. Management of routes on acquired lands would be consistent with

current use and resource protection requirements.

Decision Framework________________________________________________________

This EA will need to be of sufficient scope to ensure all appropriate legal and regulatory requirements

are met and to provide the deciding official with sufficient information to determine whether or not the

proposed action is in the public interest. It is not a decision document.


Land exchanges convey land, interest in land, and resources associated with them. However, the act of

conveyance has no environmental effects. Therefore, the environmental analysis will focus primarily

on future use and management of lands acquired and conveyed and the effect of the exchange on lands

that adjoin them (Forest Service Handbook (FSH) 5409.13).

This action is in accordance with the General Exchange Act of March 20, 1922 (42 Stat. 465; 16

U.S.C. 485) as amended by the Act of February 28, 1925 (43 Stat. 1090); the Federal Land Policy and

Management Act of October 21, 1976 (90 Stat. 2743; 43 U.S.C. 1716); and the Federal Land Exchange

Facilitation Act of August 20, 1988 (102 Stat. 1086; 43 U.S.C. 1716). This proposal is consistent with

the forest-wide standards and guidelines for land ownership adjustments presented on page III-72 of

the Land and Resource Management Plan, as amended, for the Grand Mesa, Uncompahgre and

Gunnison National Forest (Forest Plan, USFS 1991).

The Forest Supervisor for the GMUG is the official responsible for deciding whether or not to proceed

with the proposed action as described. A Forest Plan amendment is not necessary and the decision

would be effective after appeals (if any) are settled.

Public Involvement__________________________________________________________

The proposal was listed in the Schedule of Proposed Actions for the period of July 1, 2012 to the

present. The proposal was provided to Congressional Delegates, all adjacent landowners, the public,

the Southern Ute Indian Tribe, environmental groups, and other agencies for comment during scoping

from April 26, 2012 to May 25, 2012. A request was made to the Forest to extend the scoping period

an additional 30 days, which extended the scoping period to June 25, 2012.

Public notices were published in the Telluride Daily Planet, Ouray County Plaindealer, The Montrose

Daily Press and The Daily Sentinel on May 25, June 1, June 8 and June 15, 2012. In addition, as part

of the public involvement process, the Forest also presented the proposal to the Ouray County

Commissioners on May 1, 2012; Montrose County Commissioners on May 7, 2012; and San Miguel

County Commissioners on May 30, 2012. Public open houses were also held on May 16, 2012 in

Norwood, Colorado and May 23, 2012 in Montrose, Colorado.

The Forest Service received twelve comment letters regarding this project. Those comments are

summarized below.

Continue allowing public access to NFSR 551 upon conveyance of Federal Parcel 1.

NFSR 551 would remain on NFS lands and open to the public. The portion of this road that is

located within Federal Parcel 1 would be relocated back onto NFS lands at the expense of the

proponent. This is already addressed in the proposed action.

Continue allowing public access to the Dave Wood Road (NFSR 510) upon conveyance of

Federal Parcels 2 and 3. Upon conveyance of Federal Parcels 2 and 3, public access to the

Dave Wood Road would be maintained through the conveyance of a public road easement to

Montrose County. This is already addressed in the proposed action.

Transfer fee title to Montrose County for the Dave Wood Road (NFSR 510) as it crosses

Federal parcel 3. At closing, Spear Colorado, L.P. would convey a public road easement to

Montrose County for the Dave Wood Road (NFSR 510) as it crosses Federal Parcels No. 2 and

No. 3. Fee title will not be vested in Montrose County through this land exchange.


Will current Special Use authorizations be replaced in-kind upon conveyance of the Federal

parcels? Any existing special use authorizations would be replaced in-kind from Spear

Colorado, L.P., with the same rights and privileges, upon conveyance of the federal parcels.

This is already addressed in the proposed action.

Objection to the inclusion of Federal Parcel No. 3 in the proposed land exchange without

written assurance that the historical access (to private land) will be observed and maintained.

Currently the only access authorization issued across Federal Parcel No. 3 is to Cornerstone

Metro District. Any other private use occurring on this parcel: 1) has previously been denied,

2) is currently being used in trespass and 3) there is no adverse possession against the United

States.

Private landowners adjacent to Federal Parcel 1 will lose access to National Forest as a result

of the land exchange. With the exception of the Casselberry property, Spear Colorado, LP

currently owns all the private land adjacent to Federal Parcel No. 1. At this time, the only way

residents can access national forest lands known as Federal Parcel No. 1 is to cross lands

owned by Spear Colorado, LP, the Delle Casselberry property, or they follow the Western Area

Power Association (WAPA) power line to the national forest. The only property affected by

this proposal is the Casselberry property, which will no longer border the national forest. The

power line access is not affected by this proposal.

The Forest Service does not provide or guarantee private access to public lands, except where

easements exist. There are no easements in this area. See Federal Parcel No. 1 map on page 6.

Describe the reason for preparing an Environmental Assessment for this land exchange instead

of an Environmental Impact Statement. Land exchanges convey land, interest in land, and the

resources associated with them. However, the act of conveyance has no environmental effects.

Therefore, the environmental analysis will focus primarily on the future use and management

of the lands acquired and conveyed and the effect of the exchange on the lands that adjoin

them. (FSH 5409.13). Because there are no environmental effects associated with conveyance

itself, factors affecting NEPA significance (40 CFR 1508.27) are absent that would require

preparation of an EIS. In fact, land exchanges could occur without the public NEPA process

((36 CFR 220.6(d)(7)(ii)) assuming the future uses did not require authorizations that also

required NEPA (easements, management of the historic sites…). Therefore, an EA is being

prepared to address the effects for future uses.

Address the disposition of the mineral estate and water rights for both acquired and conveyed

lands. This is already addressed in the proposed action.

Describe how fencing in the project area is to be addressed. This has been addressed in

analysis of impacts. See Proposed Action.

Final acreages are determined by appraisal. This is already addressed in the analysis of the

proposed action. See Valuation section.


Exchange will result in a loss of forest resources and add another isolated inholding with the

conveyance of Federal Parcel 2. This is already addressed in the analysis of the proposed

action. See Vegetation and Wildlife Sections. Federal Parcel 2 is approximately 61 acres

between Dave Wood Road and many miles of private land therefore it is not considered an

isolated parcel.

Describe the effects of exchanging ponderosa pine habitat for sagebrush habitat. This is

addressed in the proposed action. See the Wildlife Section.

Describe the effects of connecting NFSR’s 514 and 551 and its impact to wildlife. This is

already addressed in the analysis of the proposed action. See Wildlife section.

Describe the development of the Federal Parcels in the foreseeable future. Because there is no

proposed development of the Federal parcels that is reasonably foreseeable, this is speculative

and outside the scope of the analysis.

Issues ____________________________________________________________________

Issues serve to highlight effects or unintended consequences that may occur from the proposed action

and alternatives, giving opportunities during the analysis to reduce adverse effects and compare trade-

offs for the decision maker and public to understand. Issues are best identified during scoping early in

the process to help set the scope of the actions, alternatives, and effects to consider; but, due to the

iterative nature of the NEPA process, additional issues may come to light at any time.

Key issues are defined as those directly or indirectly caused by implementing the proposed action.

Issues not defined as key issues are those that are: 1) outside the scope of the proposed action; 2)

already decided by law, regulation, Forest Plan or other higher level decision; 3) irrelevant to the

decision to be made; or 4) conjectural and not supported by scientific or factual evidence. The Council

on Environmental Quality (CEQ) NEPA regulations require this delineation in Sec. 1501.7,

“…identify and eliminate from detailed study the issues which are not significant or which have been

covered by prior environmental review (Sec. 1506.3)…”

A list of issues and reasons regarding their categorization may be found at the Norwood Ranger

District in the project record.

Key issues identified during the public scoping period carried forward for analysis include:

If Federal Parcel No. 1 is conveyed, a portion of prime elk habitat will become private.

If Federal Parcel No. 1 becomes private, some quality hunting will be lost to the public.


ALTERNATIVES INCLUDING THE PROPOSED ACTION

Alternatives Considered But Dropped From Detailed Analysis

Direct Purchase of Non-Federal Lands

The Forest considered the alternative of acquiring the non-Federal parcel by direct purchase from the

owner. However, this alternative was dropped from further consideration for the following reasons: 1)

the owner is unwilling to sell the property and 2) funds are currently not available. Efforts to secure

the necessary appropriation would have competed against other requests regionally and nationwide

and, given higher priority requests, it is unlikely the necessary funds would have been appropriated.

While there are easily identified benefits associated with acquisition of these non-federal lands, they

are unlikely to compete well at the national level in the highly competitive Land and Water

Conservation Fund (L&WCF) process. Based on past experience, a land exchange is believed to be

the only truly viable method for completing such acquisitions. Therefore, it was concluded that the

land exchange process offered a more viable and expedient means of acquiring the non-federal parcel.

Because this property is not currently available for purchase and no funds are available, this was not

considered a viable alternative. Since this is truly not a viable alternative, it is considered unlikely to

be implemented and was dismissed from further evaluation. All effects, impacts, and benefits

described in this document associated with the non-federal portion of the exchange alternative would

be identical to a purchase alternative.

Alternatives_______________________________________________________________

Alternative 1 – Proposed Action

The Forest would acquire the non-federal parcel, containing 726.119 acres, from Spear Colorado, L.P.,

located at:

N.M.P.M., T. 45 N., R. 11 W.,

Section 8: S½SW¼, SW¼NE¼, SE¼

Section 9: W½SE¼, SW¼

Section 17: NW¼NE¼, NW¼

Montrose County, Colorado

726.119 acres

In exchange, the Forest would convey Federal Parcels No. 1, No. 2 and No. 3 for a total of 793.622

acres, to Spear Colorado, L.P., at the following locations:


N.M.P.M., T. 45 N., R. 11 W.,

Section 15: S½S½NW¼, NE¼SW¼, W½SW¼, NW¼SE¼

Section 16: portion

Section 21: portion

Section 22: W½NW¼, W½SW¼, SE¼SW¼, SW¼SE¼

Section 27: portion

Montrose County, CO and San Miguel County, CO

704.973 acres



N.M.P.M., T. 46 N., R. 10 W.,

Section 9: portion

Ouray County, CO

61.189 acres


N.M.P.M., T. 46 N., R. 10 W.,

Section 17: portion

Section 20: portion

Montrose County, CO

27.46 acres

Under the proposed action the lands proposed for acquisition by the Forest Service would include the

following uses and recognized interest for the future:

Land would become part of the Craig Point C&H allotment and continue to be grazed by cattle

authorized under the appropriate federal grazing permits.



The Forest would acquire both of the historic Lambert homesteads (one of which is known as

the Weimer cabin). These homesteads are eligible for the National Register of Historic Places

and would be managed as such by the Forest’s Heritage program.

NFSR’s 514 and 551 could be combined into one road and open to full size motorized vehicles,

as both routes currently exist.

Land would be open to the public for hunting and recreational purposes; this also includes all of

Hotchkiss Reservoir. There are no water rights associated with this reservoir.

The hunting blind located due south of Hotchkiss Reservoir, on the very southeast property

corner, would be removed prior to acquisition.

All mineral rights associated with the non-federal parcel will be conveyed to the United States.

The federal lands conveyed into private ownership:

Would continue to be grazed by cattle for two years unless the permittee elects to waive their

right. Future grazing would be subject to terms of a private lease should the landowner wish to

allow grazing.



Federal Parcel No. 1 would be fenced from the northern boundary south, to just beyond VH

Pasture Reservoir, with elk friendly fence.

Spear Colorado, L.P. would be responsible, both contractually (to Forest Service specifications)

and monetarily, for re-routing the existing NFSR 551 to the west, starting north of VH Pasture

Reservoir and ending at the existing allotment fence south of VH Pasture Reservoir, at

N.M.P.M., T. 45 N., R. 11 W., Sec. 21: E½NE¼. This would be completed no later than two

(2) years after the closing of the land exchange. (Affects Federal Parcel No. 1).

Both of the historic Barlow homesteads would be conveyed into private ownership. These

homesteads are eligible for the National Register of Historic Places and would be conserved via

the terms of a Memorandum of Agreement which will allow for data recovery, excavation and

curation of these sites (Affects Federal Parcel No. 1).


At closing, Spear Colorado, L.P. would convey a public road easement to Montrose County for

the Dave Wood Road (NFSR 510) as it crosses Federal Parcels No. 2 and No. 3.

At closing, the Forest would convey a Forest Road Easement to Spear Colorado, L.P. for NFSR

536.3A (Spring Creek Cutoff Road). (Affects Federal Parcel No. 2).

At closing, Spear Colorado, L.P. would convey a road easement to Cornerstone Metro District

for the continued use of their access road at N.M.P.M., T. 46 N., R. 10 W., Sections 17 and 20.

(Affects Federal Parcel No. 3).

Reserve to the United States a right-of-way thereon for ditches and canals constructed by the

authority of the United States, Act of August 30, 1890 (26 Stat. 391; 43 U.S.C. 845).

Mineral estate would be conveyed to Spear Colorado, L.P., for the federal parcels, except for

those minerals held in private ownership.

Water rights for Vurl Reservoir would be conveyed to Spear Colorado, L.P., which affects

Federal Parcel No. 1.

Alternative 2 – No Action

The current landownership pattern within the analysis area would remain the same. The proposed

exchange between the Forest and Spear Colorado, L.P., would not occur under this alternative at this

time. Through the design of the project, no other alternatives were considered.

Analysis of this alternative provides a baseline for comparing effects of the other alternatives,

providing the decision maker with a clearer basis for a reasoned choice among alternatives studied in

detail. Selection of this alternative would not preclude consideration of either the federal parcel or the

non-federal parcel in a future proposal.

Comparison of Alternatives__________________________________________________

This section provides a summary of the effects to the NFS lands of implementing each alternative.

Information is focused on activities and effects where different levels of effects or outputs among

alternatives can be distinguished quantitatively or qualitatively.

Comparative Indicator Alternative 1

Proposed Action Alternative 2

No Action

Threatened and Endangered

Species – Gunnison sage grouse

Would add 726.119 acres of

suitable habitat into public

ownership.

The Federal parcels are not

considered suitable habitat.



Proposed Action

Alternative 2

No Action

Wildlife – Elk habitat Federal Parcels (Exchanged):

Lose 793.622 acres of summer

range and some transition range

for elk which is plentiful on the

Uncompahgre Plateau.

Non-Federal Parcel (Acquired):

Would add 726.119 acres of

additional winter habitat for elk

which is much more limited on

the Uncompahgre Plateau.

No Change

Elimination of an isolated

inholding

Removes 726.119 acre non-

federal inholding

No Change

Impacts to Big Game Hunting Unit 61 (Specialty Unit):

Convey 704.973 acres (Federal

Parcel 1) and acquire 726.119

acres (Non-Federal Parcel) of

suitable hunting area.

Results in net gain of 21.15

acres to Unit 61 which currently

consists of 606,720 acres.

Unit 62

Convey 88.65 acres (Fed.

Parcels 2 and 3) and acquire 0

acres of suitable hunting area.

Results in a net loss of 88.65

acres in Unit 62 which currently

consists of 840,960 acres.

No Change



Proposed Action Alternative 2

No Action

Access to National Forest

System lands

NFSR 514 and 551 would

be combined into one road.

NFSR 551 will remain on

NFS lands and open to the

public.

Public access will continue

as usual on NFSR 510

(Dave Wood Road).

Access from McKenzie

Springs subdivision will

not change as there is no

common boundary shared.

NFSR 514 and 551 would

remain separate roads.

NFSR 551 will remain

open to the public.

Public access will continue

on NFSR 510 (Dave Wood

Road)

Access from McKenzie

Springs subdivision will

not change as there is no

common boundary shared.

ENVIRONMENTAL CONSEQUENCES

This section describes the affected environment and discloses potential effects of the proposed action

and alternatives. It forms the scientific and analytical basis for comparison of potential environmental

effects of the alternatives. In determining potential environmental consequences of each alternative, the

project interdisciplinary team considered the following:

Probable consequences of each alternative on social, physical, and biological resources.

Achievement of the stated purpose of and need for the project.

Adherence to Forest Plan standards and guidelines.

Compliance with federal and state laws and regulations.

Future use and management of the lands acquired and conveyed and the effect of the exchange

on the lands that adjoin them.

The area of analysis for direct and indirect effects includes the federal and non-federal lands identified

in the proposed action and the surrounding areas which will vary by resource.

Hazardous Materials ________________________________________________________

For the federal parcels, the Land Transaction Screening Process was completed and signed on May 20,

2013. This process identifies any hazardous materials that might be located on the federal parcels prior

to conveyance into private ownership.

For the non-federal parcel, the All Appropriate Inquiries Screening Process was completed and signed

on June 14, 2013. The All Appropriate Inquiries rule prescribes federal standards and practices for

conducting environmental site assessments of real property prior to acquisition.


Existing Condition (No Action Alternative)

Federal Parcels: The federal parcels show no evidence of release, storage or disposal of hazardous

substances or petroleum products.

Non-Federal Parcel: The non-federal parcel contains the historic Lambert sites, one of which is

known locally as the Weimer Cabin. This structure was tested on October 10, 2012 for asbestos and

lead based paint. The results showed that the cabin and outhouse contain asbestos in the log chinking.

The Asbestos Containing Material (ACM) contains a regulated asbestos content (>=1% asbestos) and

has been rendered friable (damaged to the point that the material crumbles easily and therefore readily

releases asbestos fibers) due to weathering. This quantity of ACM (estimated at <15 square feet) is

less than the Colorado State trigger level of 32 square feet and therefore is not regulated by Colorado

State regulations.

The structures tested negative for lead based paints.

The non-federal parcel shows no other evidence of release, storage or disposal of hazardous substances

or petroleum products.

Environmental Consequences (Proposed Action)

Federal Parcels (exchanged): Since the federal parcels identified to exchange show no evidence of

release, storage or disposal of hazardous substances or petroleum products, there would be no change

from the current condition.

Non-Federal Parcel (acquired): The non-federal parcel would be acquired with the historic Weimer

Cabin. This structure would not be occupied in any way and will be managed by the Forest’s Heritage

Resource Program as an important historic structure. No other evidence of hazardous substances or

petroleum products was found on this parcel.

Threatened and Endangered Species __________________________________________

A Biological Evaluation/Biological Assessment/MIS Assessment was completed on September 20,

2012. The only Threatened and Endangered Species identified was the Gunnison Sage grouse, which

is a candidate for listing under the federal Endangered Species Act.


Federal Parcels: The current federal parcels identified to exchange are not considered to be current or

historic Gunnison Sage grouse habitat.

Non-Federal Parcel: The parcel to be acquired contains suitable sage habitat that is identified as

historic range for Gunnison Sage grouse. This area likely served as a corridor for Gunnison Sage

grouse movement between the Iron Springs area and Sanborn Park. With the current condition of the

sagebrush in the area, it is likely this could have been a wintering area for sage grouse.


Federal Parcels (exchanged): Since there is no habitat present in the federal parcels, there would be

no loss of habitat for Gunnison Sage grouse.


Non-Federal Parcel (acquired): Acquisition of the non-federal parcel would help protect the unique

sagebrush ecosystem present from future land development through the acquisition of 726.119 acres of

suitable habitat.

Forest Service Sensitive Species _____________________________________________

An evaluation of the Forest Service sensitive species was completed on September 20, 2012. Those

species identified were:

Northern Goshawk – Preferred habitat on the Forest appears to be large blocks of mature and

old growth aspen, mixed aspen and spruce-fir, spruce-fir with remnant open crowned aspen

trees, lodgepole pine, or ponderosa pine. No known nests or territories are present within the

land exchange parcels.

Sage Sparrow – This is a sagebrush obligate species, selecting only sizeable, low-elevation

stands of big sagebrush or mixed sagebrush and greasewood. There are no site specific

records of this species within the project area. The non-federal parcel is considered high-

country sagebrush and could still serve as summer habitat.

Lewis’ Woodpecker – Surveys on the Forest have documented their occurrence on the

Uncompahgre Plateau dominated by ponderosa pine forest habitat. Local Forest and Colorado

Natural Heritage Program data does not include records of Lewis’ woodpecker within the

project area.

Brewer’s Sparrow – In Colorado they are concentrated in the State’s greatest sagebrush

counties of Moffat, Rio Blanco, Jackson, and Gunnison, although the Breeding Bird Atlas

records document the presence of this species in Montrose County. There are no site-specific

records of Brewer’s sparrows within the project area.


Federal Parcels: There are no site specific records of any of the listed species occupying the federal

parcels.

Non-Federal Parcel: The land to be acquired contains suitable high-country sagebrush that could

serve as summer habitat for the Sage Sparrow.


Federal Parcels (exchanged): The proposed land exchange itself would have no direct impact on the

Northern Goshawks, Sage Sparrows, Lewis’ Woodpeckers and Brewer’s Sparrow or their habitat. If

the non-federal parcel is ever developed some impact to habitats could occur.

Non-Federal Parcel (acquired): The acquired parcel would be protected from future development

which could provide summer habitat for the Sage Sparrow.

Management Indicator Species _______________________________________________

The 1982 Planning Rule 36 CFR 219.19(a)(6) related to Management Indicator Species (MIS) requires

the Forest Service to produce a unique list of species to represent Forest communities or ecosystems.

These species and the ecosystems in which they represent must be considered for each project to

evaluate consistency with the Forest Plan. MIS and ecosystems they represent include:


Common trout (aquatic and riparian ecosystems)

Abert’s squirrel (ponderosa pine ecosystems)

American Marten (late seral spruce-fir and lodgepole pine ecosystems)

Northern goshawk (aspen, aspen with conifer and mixed conifer)

Rocky Mountain elk (gamble oak/piñon-juniper ecosystems and road/transportation impacts)

Red-napped sapsucker (aspen ecosystems)

Merriam’s turkey (gamble oak/piñon-juniper ecosystems)

Brewer’s sparrow (sagebrush ecosystems)

Two MIS were analyzed in the sensitive species section and further analysis would not be necessary

for the Brewer’s Sparrow and the Northern goshawk. Because this project does involve potential

habitat impacts to the Rocky Mountain elk, further analysis was completed. Forest-level species

assessments were completed for all MIS. The assessments determined what is known about a species

on a Forest-wide scale.


Federal Parcels: The vegetation type on Federal Parcel No. 1 is ponderosa pine and aspen, with

several small meadows; the vegetation type for Federal Parcel No. 2 and No. 3, is primarily aspen

located along the heavily used Dave Wood Road (NFSR 510). These parcels serve as summer range

and some transition range for elk. Currently, elk numbers and bull/cow ratios are at or above

management objectives on the Uncompahgre Plateau.

The Uncompahgre Plateau geographic area supports stable populations of Abert’s squirrels as this area

comprises the majority of high quality habitat on the Forest and contains the majority of known

populations. It is also considered secure nationally and within the State of Colorado and is no longer

tracked by the Colorado Natural Heritage Program. The Abert’s squirrel has no federal legal protection

and is not considered rare or threatened.

Non-Federal Parcel: The non-federal parcel is primarily composed of sagebrush and aspen.

Sagebrush and mountain shrub communities currently comprise 3% of the vegetation type on the

GMUG National Forest. Aspen has been identified as good elk calving and fawning habitat while

sagebrush habitat serves as winter and/or transition range for elk that inhabit the Uncompahgre

Plateau.


Federal Parcels (exchanged): The federal parcels are not considered to be winter range. These

parcels likely serve as summer and transition range for elk which tend to be more plentiful on the

Uncompahgre Plateau. If NFSR’s 514 and 551 are combined back into one road, then the North Creek

area, adjacent to Federal Parcel No. 1, could receive more human activity, particularly in the fall

hunting seasons.

The proposed land exchange would not alter any habitat for the Abert’s squirrel. The majority of the

ponderosa pine on the Plateau is currently considered to be moderate quality habitat for Abert’s

squirrels. This project would not degrade the quality of habitat any further. The proposed land

exchange would not lead the Abert’s squirrel population to a large decline or a trend causing need for

listing.


Non-Federal Parcel (acquired): This parcel would serve as transition and winter range for elk.

Winter range is often considered to be more critical than summer range because it is usually much more limited. The Forest Plan identifies that the limiting factor for elk is winter range.

Though most of the winter range on the Forest is not identified as critical winter range, this parcel

would serve as early and late winter range.

Wetlands and Floodplains ___________________________________________________

Executive Orders 11988 and 11990 require federal agencies to avoid adverse impacts associated with

the occupancy, development, modification, and disposal of lands located in wetlands and floodplains.


Federal Parcels: The only indications of wetland plant communities found either during field

investigations or during review of imagery are those areas in immediate proximity of the stock ponds.

Most of these plant communities only exist within the ordinary full storage boundary and for just a few

feet beyond. There are no naturally occurring wetlands or jurisdictional wetlands on any of the federal

parcels.

In regards to floodplains, given the small tributary areas supplying water to the channels, which are

typically less than 20 feet wide, the federal parcels do not contain floodplains nor are there any

designated floodplains.

Non-Federal Parcel: The same situation occurs on the non-federal parcel as well. The only

indications of wetland plant communities found are those areas in immediate proximity of the stock

ponds. There are no naturally occurring wetlands or jurisdictional wetlands on the non-federal parcel.

There are also no floodplains or designated floodplains on the non-federal parcel.


Federal Parcels (exchanged): Since wetlands or floodplains don’t exist on the federal parcels, there

would be no loss of wetlands or floodplains.

Non-Federal Parcel (acquired): No wetlands or floodplains exist on the non-federal parcel.

Cultural Resources _________________________________________________________

There are two cultural sites located on Federal Parcel No. 1 (Barlow Homestead Sites) and two cultural

sites located on the non-federal parcel (Lambert Homestead Sites). The State Historic Preservation

Officer (SHPO) noted that this project would result in an adverse effect to the cultural resources that

are leaving public ownership. To mitigate this adverse effect a Memorandum of Agreement (MOA)

between the Forest, the SHPO and Spear Colorado, L.P. was entered into on June 6, 2013.



Federal Parcels: On Federal Parcel No. 1, there are two cultural sites known as the Barlow

Homestead Sites. The first site, dated from 1906 consists of four building sites, remnants of two

corrals, root cellar, and board and log concentrations. The second site, dated from 1914, consists of a

discrete concentration of historic domestic artifacts. Currently, little is known about these sites and

they have not been fully studied nor have they been fully inventoried. There are no cultural sites on

Federal Parcel No. 2 and No. 3.

Non-Federal Parcel: On this parcel are two cultural sites known as the Lambert sites. At the first site

is a residential agricultural complex, dated from 1910, consisting of a historic cabin, corral, wood-

frame structure, root cellar, collapsed outhouse, a collapsed wood structure and a spring development.

At the second site is another residential agricultural complex, dated from 1919, consisting of a historic

cabin, outhouse, corrals and a hay enclosure which is commonly referred to today as the Weimer

Cabin. These sites have not been fully studied or inventoried.


Federal Parcels (exchanged): The MOA would facilitate opportunity to obtain useful information and

increase our understanding of this historical era. The archeological data would be obtained via

excavation of features of the Barlow Homestead Sites. There are no cultural sites on Federal Parcel

No. 2 and No. 3.

Non-Federal Parcel (acquired): The Lambert sites would also be studied under the MOA. This parcel

contains structures that are still mostly intact and would aid in understanding how the southern part of

the Uncompahgre Plateau was settled.

Minerals __________________________________________________________________

The Bureau of Land Management Locatable Minerals Report was completed on June 19, 2012 per

Public Law 86-509. BLM concurrence to convey the mineral estate underlying the federal parcels was

given on October 1, 2012.


Federal Parcels: There are no known mineralizations, prospects, or mines located within the

boundaries of any of the parcels. The locatable mineral resource potential for all parcels is rated

“moderate” for sandstone-hosted uranium-vanadium deposits and “low to moderate” for sediment-

hosted copper deposits. There are no active or pending oil and gas leases on the federal parcels nor are

there community pits or common use areas for saleable minerals.

Non-Federal Parcel: The mineral estate for this parcel is fully intact. There are no known prospects,

mines or oil and gas leases on this parcel.


Federal Parcels (exchanged): On Federal Parcel No. 1, 210 acres of the mineral estate is privately

owned by third parties. The remaining 495 acres of mineral estate would be conveyed to Spear

Colorado, L.P., with the surface estate. The mineral estate on Federal Parcel No. 2 and No. 3 are also

intact with the surface and would be conveyed to Spear Colorado, L.P.


Non-Federal Parcel (acquired): The mineral estate would be donated to the Forest by Spear Colorado,

L.P. These lands would then take on acquired status and be closed to future mineral entry.

Recreation _________________________________________________________

The dominant recreational activity on the Uncompahgre Plateau is hunting. Other activities include

horseback riding, hiking and four-wheeling.


Federal Parcels: Federal Parcel 1 is located within GMU (Game Management Unit) #61 and offers a

wide variety of hunting opportunities for elk and other species including mule deer, bear and turkey.

GMU #61 is a trophy or quality hunting unit for which it takes sportsmen several years to build

preference points to draw a coveted hunting permit for elk. Federal Parcels 2 and 3 are located within

GMU #62 which is not a specialty hunting unit. Of all the Federal parcels, Federal parcel 1 offers the

best hunting opportunities.

Non-Federal Parcel: Approximately 2.04 acres of the 4.68 acre Hotchkiss Reservoir resides on this

parcel which offers sightseeing and bird watching opportunities for the hikers and horseback riders.

This parcel is also located within the specialty hunting unit, GMU #61.


Federal Parcels (exchanged): Due to the difficult access into Federal Parcel No. 1, this area provides

a more isolated hunt and also offers good cover for elk. It does offer a quality hunting experience but

the effects of conveying this parcel would be minimal to the overall hunting opportunities offered in

Unit #61, which comprises 606,720 acres. With the loss of Federal Parcel No. 1 (704.973 acres) and

the acquisition of the non-federal parcel (726.119 acres), there is a net gain of 21.15 huntable acres in

Unit 61.

There are no hunting opportunities lost with the conveyance of Federal Parcel No. 2 and No. 3 since

these are both smaller parcels located along the very busy Dave Wood Road (NFSR 510).

Non-Federal Parcel (acquired): There would no longer be a large isolated inholding that the public

would have to navigate around in their attempts to access the North Creek drainage. This would also

allow for NFSR’s 514 and 551 to be combined into one road thus allowing easier access into the North

Creek area. Although this parcel is open to hunting, it does lack in elk hunting values, such as good

cover and seclusion for elk, which can be found on Federal Parcel No. 1. This would also place all of

the 4.68 acre Hotchkiss Reservoir into public ownership.

Valuation _________________________________________________________________

The Federal Land Policy and Management Act (FLPMA) of 1976, as amended, requires that the value

of exchanged lands be equal, but can be adjusted for any difference in value by cash equalization

payments of up to 25 percent of the value of the federal lands. Forest Service regulations require that

values for exchange purposes be determined by appraisal.


Appraisals of the market value of the federal and non-federal parcels proposed for exchange must

conform with the Uniform Appraisal Standards for Federal Land Acquisitions, the most recent edition

of the Uniform Standards of Professional Appraisal Practice, and written appraisal instructions

(specifications) for the exchange issued by the Forest Service Review Appraiser.

Cumulative Effects _________________________________________________________

The proposed land exchange itself has no physical effect on resources present; however future uses of

the parcels involved show increased boundary management ability, improved public access and

increase of habitat for sensitive and candidate species.

CONSULTATION AND COORDINATION

The Forest consulted the following federal, state, and local agencies, individuals, and tribes during the

development of this EA:

Document Preparers ________________________________________________________

The following individuals were instrumental in the preparation of this document:

Dee A. Closson Norwood Ranger District Lands/Minerals Staff Officer

Judy Schutza Norwood Ranger District District Ranger

Curtis Keetch Norwood Ranger District Wildlife Biologist

Luke Holguin Norwood Ranger District Assistant Wildlife Biologist

Brian Hoefling Norwood Ranger District Range Conservationist

Gene Dollarhide GMUG NF Forest Surveyor

Leigh-Ann Hunt GMUG NF Forest Archeologist

Ryan Taylor GMUG NF Geologist

Linda Lanham GMUG NF Environmental Engineer – HAZMAT

John Almy (retired) GMUG NF Forest Hydrologist

Steve Rinella USFS, Rocky Mtn. Region 2 Group Leader, Land Ownership Adjust.

Tate Curtis USFS, Rocky Mtn. Region 2 Regional Review Appraiser

Federal, State, and Local Agencies ____________________________________________

U.S. Senator Michael Bennett

U.S. Senator Mark Udall

U.S. Representative Scott Tipton

Governor John Hickenlooper

Colorado State Representative Don Coram

Colorado Department of Parks and Wildlife Colorado State Land Board Colorado Office of the Governor

Colorado Division of Water Resources

Colorado Division of Water Conservation

Colorado Department of Natural Resources

San Miguel Board of County Commissioners

Ouray Board of County Commissioners

Montrose Board of County Commissioners

San Miguel County Environmental Health

San Miguel County Attorney

Sheep Mountain Alliance

The Wilderness Society


Tribes ____________________________________________________________________

Southern Ute Indian Tribe

Others ____________________________________________________________________

Althoff, Bob Anderson, Dean Avery, Michael and Kelley

Bash, Deborah and Gibson, Stuart Bender, David Bush, Jeff

Bush, Jerry and Burrow, Maida Casselberry, Delle Chambers, Adam and Price, Mary

CLMG Corporation Deghionno, Dino and Tozer, Rosemary

Ditmore, Dana and Elaine Dora, Alexander and Trina Efinger, Gerry and Mayer, Lynn

Eisenlohr, Robert and Teruko Erickson, Dennis Erickson, Lars

Fornell, Dick and Arlene Foy, Laura Fuller, Ed and Nancy

Garnett, Paul and Lane, Donna Gray, Bobby Haerle, Wade

Hannah, Daryl Harris, J.Joe and Diana Hunter, Zack

Hutchison, Julee and Steve Johnson, Ed Kaptur, Tom and Annette

Kirschner, Myrna and Leon Knight, Don and Karen Kocks, Fred and Marianne

Kuntz, Henry J. Lanihan, Chip Lanzl, Bruce and Catherine

Lechleiter, Kim Loccisano, Christopher Long, Robin

Major, Dawn Mex and Sons Meyer, Deborah

Miller, Bud and Cheryl Mulligan, Sean and Diana Nerlin, Jim and Peggy

Nolan, Bud and Janet Nolan, Jay and Jennifer Pernice, Thomas and Liza

Perrins, Steve Peterson, Steve and Jane Powers, Jane

Puerner, John and Liz Ross, Jack and Kimberly Schlickman, Alison and Steve

Scurci, John and Ogorzaly, Tamara Seikel, Leigh Sharp, Nelson

Slawson, Richard Sloan, Kelly Smith, Cody

Spear, K.L. and Jayne Steele, Dick Tonatiuh Ranch, LLC

Vandenberg, Andrew Wagner, Joy and Marc Warner, Paul

Weightman, Stephen Western Land Exch. Project Whiteman, Tom and Colleen

Zabel, Paul Zinck, Randy

LITERATURE REFERENCE SECTION

Documents Referenced________________________________________________

Grand Mesa, Uncompahgre and Gunnison National Forests Land and Resource Management Plan, as amended,

1991

Forest Service Guide to Land Transactions, USDA, Forest Service, September 1999.

All Appropriate Inquires (AAI) Requirements Related to the Acquisition of Real Property, Environmental

Protection Agency, November 2006.

Water Rights Determinations, Floodplain and Wetlands Report, John Almy, Forest Hydrologist, October 2010.

Cultural Resources Documentation for the Hotchkiss Reservoir Land Exchange, Leigh Ann Hunt, Forest

Archeologist, June 2013.

Hotchkiss Reservoir Land Exchange Biological Evaluation/Biological Assessment/MIS Assessment, Curtis

Keetch, September 2012

Asbestos, Lead Based Paint & Mold Consulting Service for the Weimer Homestead, Phase Con Environmental

Consultants, October 2012