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Cross Trail Extension Special Use Permit

Decision Memo

Sitka Ranger District

Issuance of a special use permit for construction and maintenance of Cross Trail extension from the water tank above Gavan Hill Subdivision to Cascade Creek Road

Decision

It is my decision to complete the following actions as they relate to the Cross Trail extension from the water tank above Gavan Hill Subdivision to Cascade Creek Road, Sitka, Alaska.

• Issue a special use permit for 20 years to the City and Borough of Sitka for the construction and maintenance of portions of a proposed extension to the existing Cross Trail. (see attached drawing). The extension is partially located on National Forest System (NFS) lands and is designed to accommodate pedestrian and bicycle use only. The permit will authorize only non-motorized use on NFS lands.
• Authorize the permittee to construct the Cross Trail from the water tank behind Gavan Hill Subdivision for approximately 1 mile to the end of Cascade Creek Road.
• Authorize the permittee to construct a five-vehicle trailhead parking area at the west end of Cascade Creek Road.
• Authorize the permittee to build two berms to discourage access to private property and to discourage motorized access to the Cross Trail.

Approximately 1200 feet of this trail and the parking area at the end of Cascade Creek Road will be located on National Forest System land. This special use permit will authorize use of a 50-foot wide strip of land along the 1200-foot trail corridor including the Cascade parking lot. Prior to issuance of the special use permit an operation and maintenance plan for the portions of the trail on National Forest System land will be submitted by the City and Borough of Sitka. Final location of trail sections authorized under special use permit will be determined when design level surveys of the trail are completed following this decision. This decision applies only to the portions of the trail on NFS lands. Construction of the trail is planned in 2007.

The trail extension runs above residential areas between Charteris Street and Cascade Creek Road. Most of the trail is on City land except for short sections at either end of the route. The trail route generally stays at the base of Gavan Hill at about 300 feet elevation. This non-motorized trail will have an 8 foot wide crushed rock surface with an overall trail grade of 12 percent or less. It is designed for use by pedestrians and bicycles. The majority of the trail route is set back over 150 feet from private property lines.

A portion of the route follows an abandoned water line easement managed by the City that has been used as an informal trail by hikers for many years. Housing lots have been developed adjacent to this easement such that hikers following the water line come close to a home along the route. To discourage continued use on the water line path where it leaves the Cross Trail, earthen berms will be built. Approximately 50 feet of berm will be built and vegetated on NFS land to create a physical and visual barrier to private property. Vegetation and soil used to build and plant the berms will be recovered from construction of the trail. The parking lot at the end of Cascade Creek Road will be built on the west end of the road to create separation from existing housing.

To discourage motorized use of this trail a new earthen berm will be built at the end of Cascade Creek Road uphill from the parking lot. Vegetation and soil used to build and plant the berm will be recovered from construction of the parking lot. Final height and planting details of all berms will be determined after survey and design of the trail and parking lot has been completed. Removable posts will be placed between the parking lot and the berm to allow limited motorized access for emergencies or maintenance. Forest Order and City Ordinance will close the trail to all other motorized use. Once the Travel Management Rule is implemented on Sitka Ranger District in December of 2007 this trail will not be identified as open to OHV use on NFS lands.

Culverts will be installed on the trail where needed to allow the continued flow of water in small streams and runoff channels. Any conditions stipulated in the permit required by the Army Corps of Engineers will be met.

This activity falls within two categories of actions established by the Chief of the Forest Service which normally do not individually or cumulatively have a significant effect on the quality of the human environment and, therefore, may be categorically excluded from documentation in an environmental impact statement or environmental assessment. These categories of actions are identified in Forest Service Handbook 1909.15, Chapter 30, Section 31.2, Category 1 as: Construction or reconstruction of trails; Category 3, Approval modification, or continuation of minor special uses of National Forest System lands that require less than five contiguous acres of land.

No extraordinary circumstances exist which would result in additional impacts. No irreversible or irretrievable commitment of resources are anticipated.

Public Involvement

During development of this proposal and to solicit comments for this analysis, letters were sent or meetings were held with the following agencies, groups, and individuals. This decision incorporates measures to address concerns raised during public involvement.

Sitka Tribe of Alaska
Army Corps of Engineers, Colonel Stephen Perrenot, Distict Engineer
Alaska D.N.R., Office of Project Management and Permitting,Alaska Coastal Management Program
Federal Highways Administration, Western Federal Lands Highway Division, Steve Zaski

Thirty-two landowners adjacent to the project area were notified. Names and addresses of these landowners are in the project record. Four landowners responded with comments concerning National Forest land. The City and Borough of Sitka contacted all landowners adjacent to the planned Cross Trail extension about the proposed trail construction in June 2003.

A presentation to the City and Borough Assembly was made on April 4, 2006, by Sitka Trail Works, at a regularly scheduled Assembly Meeting to gain approval and answer questions about the project. A resolution of support was passed by the Assembly to partially fund the project with City funds.

Results of comments received in response to scoping are included in the project record. Letters of response to comments were mailed to all adjacent landowners from the Forest Service and the City and Borough of Sitka. This record may be reviewed at Sitka Ranger District, 204 Siginaka Way, Sitka, Alaska. Comments on National Forest land are summarized as follows:

• Route follows too close to house and property
• Locate parking on Kramer Drive instead of Cascade Creek Road and have bicycle and pedestrian access only, with no parking at Cascade Creek Road
• Concern with motorized access to the trail
• Insure that all adjacent property owners are notified how concerns are to be resolved

The Cross Trail, which will eventually connect Thimbleberry Lake Trail to the Starrigavan Trail system, has a long history of public support. The 1981 Sitka Park and Recreation Plan is the first of several public documents to call for the construction of this trail. The trail is also supported in the 2002 Sitka Non-motorized Plan and the 2003 Sitka Trail Plan.

Sensitive Species

Biological Evaluations were completed for sensitive plants and animals. No sensitive species will experience impacts that would cause of contribute to a trend toward federal listing of cause a loss of viability to the population or species.

Findings Required by Other Laws

1997 Tongass Land and Resource Management Plan
This decision is consistent with the 1997 Tongass Land and Resource Management Plan (TLRMP). The project is located within an area identified in the TLRMP as having a Land Use Designation of Semi-Remote Recreation. Direction for management of this area is to provide for recreation and tourism in a natural appearing settings where opportunities for solitude and self reliance are moderate to high.

ANILCA Section 810, Subsistence Evaluation and Finding
The effects of this project have been evaluated to determine potential effects on subsistence opportunities and resources. There is no documented or reported subsistence use that would be restricted as a result of this decision. For this reason, none of the alternatives would result in a significant possibility of a significant restriction of subsistence use of wildlife, fish, or other foods.

Coastal Zone Management Act of 1972, As Amended
Under the Coastal Zone Management Act (CZMA), activities affecting the coastal zone that are conducted under Forest Service permits must be consistent with the Alaska Coastal Management Program (ACMP). This activity is one authorized under a Forest Service permit, as defined in 15 CFR 930.51(a). The Forest Service/State of Alaska Memorandum of Understanding on Coastal Zone Management Act/Alaska Coastal Management Program Consistency Reviews (MOU) lists permitted activities normally requiring a consistency determination (MOU, Section 302.B.2.). This activity is authorized under a categorical exclusion (FSH 1909.15, Section 31.2.8) rather than EA or an EIS, and is not listed in Section 302.B.2 as normally requiring a consistency determination. Therefore, unless the State of Alaska requests and is granted permission from the National Oceanographic and Atmospheric Administration to review this permit, no consistency certification or review will be required.

Endangered Species Act of 1973
A Biological Evaluation has been completed for this action which indicates that no Federally listed threatened or endangered species will be affected by this activity.

National Historic Preservation Act of 1966
The Forest Service program for compliance with the National Historic Preservation Act includes locating, inventorying and nominating all cultural sites that may be directly or indirectly affected by scheduled activities. This activity has been reviewed by a qualified archeologist and a determination made that no known cultural resources are present in the project area.

Floodplain Management (E.O. 11988), Protection of Wetlands (E.O. 11990)
This activity will not impact the functional value of any floodplain as defined by Executive Order 11988 and will not have negative impacts on wetlands as defined by Executive Order 11990. An individual permit application has been made to the U.S.Army Corps of Engineers for this project.

Environmental Justice (E.O. 12898)
I have determined that, in accordance with Executive Order 12898, this project does not have disproportionately high and adverse human health or environmental effects on minority populations and low income populations.

Magnuson-Stevens Fishery Conservation and Management Act
There is no Essensial Fish Habitat (EFH) in the analysis area because there are no fish bearing streams in or dowmstream of the project area. The proposed action would have no adverse effects on EFH because there are no fish bearing streams in or downstream of the project area.

Implementation Date

This action falls within a category of actions which are not subject to appeal. Implementation of this decision may occur immediately.

Contact Person

Annemarie LaPalme
Recreation Planner
Sitka Ranger District
204 Siginaka Way
Sitka, AK 99835
(907) 747-4209

Project map (700 Kb PDF)

USDA Forest Service - Tongass National Forest
Last Modified: October 19, 2006