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
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
Existing Condition (No Action Alternative) ................................................................................... 21
Environmental Consequences (Proposed Action) ........................................................................... 21
Forest Service Sensitive Species ......................................................................................................... 22
Existing Condition (No Action Alternative) ................................................................................... 22
Environmental Consequences (Proposed Action) ........................................................................... 22
Management Indicator Species ........................................................................................................... 22
Existing Condition (No Action Alternative) ................................................................................... 23
Environmental Consequences (Proposed Action) ........................................................................... 23
Hotchkiss Reservoir Land Exchange iii
Wetlands and Floodplains ................................................................................................................... 24
Existing Condition (No Action Alternative) ................................................................................... 24
Environmental Consequences (Proposed Action) ........................................................................... 24
Cultural Resources .............................................................................................................................. 24
Existing Condition (No Action Alternative) ................................................................................... 25
Environmental Consequences (Proposed Action) ........................................................................... 25
Minerals .............................................................................................................................................. 25
Existing Condition (No Action Alternative) ................................................................................... 25
Environmental Consequences (Proposed Action) ........................................................................... 25
Recreation ........................................................................................................................................... 26
Existing Condition (No Action Alternative) ................................................................................... 26
Environmental Consequences (Proposed Action) ........................................................................... 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
Federal Parcel No. 1
704.973 acres
Non-Federal Parcel
726.119 acres
Federal Parcel No. 3
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
Hotchkiss Reservoir Land Exchange 2
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.
Hotchkiss Reservoir Land Exchange 3
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.
Hotchkiss Reservoir Land Exchange 4
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.:
Hotchkiss Reservoir Land Exchange 5
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
Hotchkiss Reservoir Land Exchange 6
The following federal lands are proposed for exchange to Spear Colorado, L.P.:
Federal Parcel No. 1
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
Hotchkiss Reservoir Land Exchange 7
Federal Parcel No. 2
National Forest System lands Private lands Federal Parcel 2 – 61.189 acres
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.
Hotchkiss Reservoir Land Exchange 8
Federal Parcel No. 3
National Forest System lands Private lands Federal Parcel 3 – 27.46 acres
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)
Hotchkiss Reservoir Land Exchange 9
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.
The Craig Point and North Creek C&H allotment boundaries and pasture fences would be
redesigned resulting in the removal and installation of fences.
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.
Hotchkiss Reservoir Land Exchange 10
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.
Hotchkiss Reservoir Land Exchange 11
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.
Hotchkiss Reservoir Land Exchange 12
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.
Federal Parcel No. 1
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.
Hotchkiss Reservoir Land Exchange 13
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.
Hotchkiss Reservoir Land Exchange 14
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.
Hotchkiss Reservoir Land Exchange 15
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.
Hotchkiss Reservoir Land Exchange 16
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:
Federal Parcel No. 1
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
Hotchkiss Reservoir Land Exchange 17
Federal Parcel No. 2
N.M.P.M., T. 46 N., R. 10 W.,
Section 9: portion
Ouray County, CO
61.189 acres
Federal Parcel No. 3
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 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.
The Craig Point and North Creek C&H allotment boundaries and pasture fences would be
redesigned resulting in the removal and installation of fences.
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).
Hotchkiss Reservoir Land Exchange 18
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.
Hotchkiss Reservoir Land Exchange 19
Comparative Indicator Alternative 1
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
Hotchkiss Reservoir Land Exchange 20
Comparative Indicator Alternative 1
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.
Hotchkiss Reservoir Land Exchange 21
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.
Existing Condition (No Action Alternative)
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.
Environmental Consequences (Proposed Action)
Federal Parcels (exchanged): Since there is no habitat present in the federal parcels, there would be
no loss of habitat for Gunnison Sage grouse.
Hotchkiss Reservoir Land Exchange 22
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.
Existing Condition (No Action Alternative)
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.
Environmental Consequences (Proposed Action)
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:
Hotchkiss Reservoir Land Exchange 23
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.
Existing Condition (No Action Alternative)
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.
Environmental Consequences (Proposed Action)
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.
Hotchkiss Reservoir Land Exchange 24
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.
Existing Condition (No Action Alternative)
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.
Environmental Consequences (Proposed Action)
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.
Hotchkiss Reservoir Land Exchange 25
Existing Condition (No Action Alternative)
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.
Environmental Consequences (Proposed Action)
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.
Existing Condition (No Action Alternative)
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.
Environmental Consequences (Proposed Action)
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.
Hotchkiss Reservoir Land Exchange 26
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.
Existing Condition (No Action Alternative)
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.
Environmental Consequences (Proposed Action)
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.
Hotchkiss Reservoir Land Exchange 27
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
Hotchkiss Reservoir Land Exchange 28
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