decision memo fossil creek interim management...
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Decision Memo – Fossil Creek Vault Toilets Project 1
Decision Memo
Fossil Creek Interim Management Vault Toilets Project
USDA Forest Service Red Rock Ranger District, Coconino National Forest
Payson Ranger District, Tonto National Forest Yavapai and Gila Counties, Arizona
The USDA Forest Service seeks to improve toilet facilities within the Fossil Creek Wild and Scenic River
corridor, located within the Coconino and the Tonto national forests in central Arizona. The project’s
purpose is to provide adequate sanitation for high visitation the area currently receives and to protect river
values, including water quality and cultural resources. Within this project, the Forest Service will replace
temporary porta potties with eight vault-style toilets to offer visitors long-term sustainable facilities and to
minimize the impact of human waste on natural and cultural resources.
Background
Fossil Creek is located within the administrative boundaries
of the Coconino and Tonto national forests in central Arizona.
In 1909, a dam was built across Fossil Creek that diverted the
entire baseflow for hydropower generation, creating the first
hydropower system in Arizona. In 2005, the hydroelectric
project was decommissioned and full flows were returned to
the Creek. In 2009, Congress designated approximately 17
miles of Fossil Creek as a wild and scenic river.
Fossil Creek is the only intact perennial system with
continuous flow without any water diversions in Arizona. It
contains significant cultural and natural resources, including
habitat for fish and wildlife species, and is the only pure warm
water native fishery in Arizona. Fossil Creek’s continuous
flow creates an opportunity for river-based recreation, and
after restoration of full flows in 2005, recreational use
increased dramatically. Visitors to Fossil Creek increased
from an estimated 20,000 in 2006 to over 86,000 in 2015.
Fossil Creek’s designation as a wild and scenic river requires the Forest Service to develop a
comprehensive river management plan (CRMP) to provide for the protection and enhancement of the
creek’s water quality, free-flowing condition, and its outstandingly remarkable values for the benefit and
enjoyment of present and future generations. Additionally, the CRMP will address visitor numbers and
any future developments, and outline a monitoring strategy. Development of the CRMP has been ongoing
since 2010 and is expected to be completed in 2018. During this time, several interim measures have been
implemented to address public health and safety concerns and protect resources. These measures included
visitor capacity controls, parking area delineation, and site restoration in 2011, and establishment of a
seasonal parking reservation system in 2016. This reservation system set a daily limit of approximately
740 people. Under the reservation system use decreased to approximately 48,000 people in 2016;
however, sanitation issues continue. Porta potties currently provide sanitation in the middle portion of the
Fossil Creek corridor; one vault toilet exists at the Fossil Springs Trailhead.
Decision Memo – Fossil Creek Vault Toilets Project 2
Project Overview
Although the 2016 interim management reservation system set a daily visitor limit, sanitation issues
continue to exist. Additional interim management actions are necessary so the river corridor contains
sanitation infrastructure needed to accommodate existing visitation numbers. The vault toilets interim
management project is intended to support previous interim measures by improving human health and
safety and protecting natural and cultural resources.
The purpose of this project is to improve toilet facilities in the Fossil Creek Wild and Scenic River
Corridor in order to provide adequate sanitation for the high visitation the area currently receives and to
protect river values, including water quality and cultural resources. Operational considerations have
brought into question the ability of existing porta potties to function properly, especially in light of misuse
they sometimes receive, as the only means of long-term sanitation in Fossil Creek. Water-quality
monitoring conducted in the Fossil Creek Wild and Scenic River has shown an increase in E. coli. To
prevent exceeding the E. coli standard, the Forest Service has identified a need for adequate facilities to
minimize abandoned human waste and toilet paper on the landscape, thereby keeping fecal bacteria levels
within Environmental Protection Agency limits. In addition, the Forest Service is required by the Wild
and Scenic Rivers Act to protect the river’s water quality, considered to be a river value.
On the ground, maintenance of porta potties has proven challenging, as they fill quickly with sewage on
weekends and holidays. Due to the remote location, servicing Fossil Creek’s temporary toilet facilities is
not easy, even when the Forest Service added maintenance trips as urgent needs arose. The foul smell of
full porta potties discourages visitors from using them, resulting in people going to the bathroom in or
near the water. In the most extreme cases, porta potties have been purposely pushed over, often rammed
by a vehicle, which heavily impacts resource health and closes needed toilet facilities for days until they
can be repaired or replaced. Forest Service managers view precast concrete vault toilets as a sustainable
sanitation option to replace the existing temporary facilities for a number of reasons that include: (1) vault
toilets would be designed to blend in with the coloring of the scenic landscape, (2) vault toilets would
only need to be emptied once every few months, and (3) vault toilets would not be able to be pushed over.
This project will not increase the number of toilet facilities in the wild and scenic river corridor as much
as it will make for long-term sustainable facilities by replacing many of the existing porta potties with
precast concrete vault toilets. Currently, 14 porta potties exist in the peak season (April 1 – Oct. 1) and
four in the off season (Oct. 2 – March 31). Temporary porta potty facilities reside at Mazatzal (one toilet
in peak season); Purple Mountain (one toilet in peak season); Sally May (two toilets in peak season and
one in off season); the Junction of Forest Roads 502/708 (one toilet in peak season); Homestead (two
toilets in peak season and one in off season); Fossil Creek Bridge (two toilets in peak season); Tonto
Bench (one toilet in peak season); Irving (two toilets in peak season and one in off season); and Waterfall
Trailhead (two toilets in peak season and one in off season).
Decision
In response to the purpose and need for action, I have decided to install vault toilets within the Fossil
Creek Wild and Scenic River corridor at the following locations (see, also, Figure 1):
1. Mazatzal: Single-stall toilet
2. Junction of 502/708 (West Entrance Station): Single-stall toilet
3. Homestead Upper Loop: Double-stall toilet
4. Homestead Lower Loop: Single-stall toilet
5. Fossil Creek Bridge: Single-stall toilet
6. Tonto Bench: Double-stall toilet
7. Irving: Double-stall toilet
8. Waterfall Trailhead: Double-stall toilet
Decision Memo – Fossil Creek Vault Toilets Project 3
Although the project’s scoping document included a possible vault toilet at the Heinrich site, the toilet at
this location has been removed from this decision and will be included as part of the larger CRMP.
Once the vault toilets are installed, a minimal number of porta potties could remain elsewhere in the
Fossil Creek river corridor. At Purple Mountain and Sally May, construction of vault toilets is not
possible due to the presence of overhead power lines.
VAULT TOILET DESIGNS: The approximate disturbed area (the excavated hole sizes) will be: 19 feet
long by 11 feet wide by 5 feet deep for single-stall toilets and 19 feet long by 16 feet wide by 5 feet deep
for double-stall toilets. Toilet facility floor dimensions will be: single-stall units 14 feet 8 inches by 6 feet
6 inches; and double-stall units 14 feet 4 inches by 11 feet 11 inches. All vault toilet facilities will meet
accessible design standards and use Sweet Smelling Technology to minimize odor. Visually, the concrete
vault toilets would have a “stucco”-style finish for the walls and a cedar shake roof, allowing the facilities
to blend into the scenery moreso than commercial porta potties.
LOCATION AND ROAD MODIFICATIONS: Within the recreation sites listed above, the toilets will
be located outside of the 100-year floodplain and in locations that minimize disturbance of existing
vegetation and ensure adequate ventilation. Minimal road maintenance and vegetation removal may be
needed to allow visitors access to enter and exit facilities safely. As part of the project, the intersection of
forest roads 708 and 502 needs to be converted to a “T” intersection to facilitate safe toilet access.
CONSTRUCTION DETAILS: Construction will consist of excavation, installation of the vault,
installation of the concrete toilet buildings, and grading proximate to the buildings to ensure accessibility.
During construction, all or portions of the Fossil Creek permit area may be temporarily closed to ensure
public safety and to allow for construction activities to occur. This closure is planned for May 1-14.
Advance warning of the closure has been provided to the public in a March 31, 2017, news release and is
reflected in the online reservation system and the Coconino National Forest website. All the vault toilets
will be pre-built and transported from State Highway 260 to FR 708 to their respective sites within the
Fossil Creek river corridor. To prepare the sites prior to delivery of the precast vault toilets, vegetation
will be removed as necessary and the hole excavated to the correct depth. Holes will be approximately
1.5 to 2 feet wider on all sides to allow for backfill compaction around the vaults units. Once the building
is set, backfilling will occur with each one compacted until finished grade is reached. Backfill will either
consist of the excavated material if it is suitable or the contractor will import suitable material for use.
Gravel may be used to facilitate access and improve parking. In order to access the area for construction,
material may be placed on the road prism and existing culverts temporarily protected to make the road
more accessible to construction vehicles. Crews may camp within developed rec sites during construction.
The following soil and water best management practices, cultural resources design features and
monitoring requirements are integral to this decision:
Table 1. Fossil Creek Interim Management Best Management Practices and Design Features
Best Management Practice or Design Feature Objective
Soil and Watershed
For all ground disturbing activities implement and monitor Best Management Practices prior to project implementation. Assure that excavated soil material is placed outside of stream course high water marks or floodplains and drainage bottoms. Ensure that excavated material is not placed in a location hydrologically connected to Fossil Creek.
To minimize impacts to soil and water resources from project implementation, to minimize non-point source pollution, to adhere to the Clean Water Act, and to adhere to the intergovernmental agreement between
Decision Memo – Fossil Creek Vault Toilets Project 4
Best Management Practice or Design Feature Objective
Region 3 of the Forest Service and the Arizona Department of Environmental Quality.
Use gravel or other suitable measures to install and maintain suitable drainage measures to collect and disperse runoff and avoid or minimize erosion on the construction site.
To minimize impacts to water resources from project implementation, to minimize non-point source pollution into Fossil Creek.
Sanitation facilities will be planned, located, designed, constructed, operated, inspected, and maintained to minimize the possibility of water contamination. All vault toilets will be located well outside of the potential flows of the 100 year flood event.
To protect surface and subsurface water from unacceptable levels of bacteria, nutrients, and chemical pollutants resulting from the collection, transmission, treatment, and disposal of waste water and sewage at Forest Service facilities.
Cultural Resources
No delineated parking areas associated with the toilet installation locations will be expanded. Site AR-03-12-04-2071, a National register eligible property, encompasses the Waterfall Trailhead installation location. No concerns regarding vault toilet installation were expressed during Apache Tribal Consultation. However, archaeological monitoring will take place during toilet installation at the Waterfall Trailhead location due to the possible presence of buried prehistoric cultural deposits.
Protect cultural resources
Decision Rationale
My decision to implement this interim management measure is based on the need to protect the river
values of the Fossil Creek Wild and Scenic River from the impacts of existing recreational use while a
comprehensive river management plan is being developed. The existing porta potties fill quickly; their
odor discourages use; and they have been subject to vandalism and even tipped over, resulting in resource
impacts. Vault toilets are a more sustainable sanitation solution because of their greater capacity, odor
mitigation technology, and resistance to vandalism that impairs their ability to function properly. This
project supports previous interim measures by improving human health and safety and protecting
resources.
I have selected the locations specified above for installation of the new vault toilets because of the
recreational use these locations receive, their positioning throughout the Fossil Creek corridor, and
assessment of site-specific resource conditions. Additionally, I have determined that vault toilets at these
locations would be consistent with the alternatives under consideration for the CRMP. I have decided to
remove the toilet location at the Heinrich site from this project to allow for more detailed assessment of
resource conditions and site design in the CRMP analysis.
In making my decision, I have considered feedback received on the proposed action regarding visual
impacts, infrastructure development, location, construction, and maintenance, as described below.
Public Involvement
The proposal for this project was listed on the Coconino National Forest’s Schedule of Proposed Actions
(SOPA) on Feb. 15, 2017, as open for comment through March 17, 2017. On Feb. 15, a news release was
Decision Memo – Fossil Creek Vault Toilets Project 5
distributed to media and a scoping proposal was sent via email to 1,489 recipients, made up of interested
individuals, organizations, state and federal agencies and local government including the City of Sedona,
Camp Verde and Payson, Yavapai County and Gila County. The scoping letter with supporting
documents was posted to the project’s website (https://www.fs.usda.gov/project/?project=51085). At the
end of the 30-day comment period, 19 comment letters had been received, most voicing support for the
project. Only one commenter stated that vault toilets were not warranted while a few who supported vault
toilets indicated a specific concern.
Supportive comments, as to why the project should move forward, included:
Porta potties are an eye-sore, impacting scenery, while vault toilets could blend with natural
surroundings to a larger extent.
Vault toilets would lessen people using the bathroom elsewhere, thereby, contaminating the
landscape and creek with human waste and toilet paper. The presence and use of vault toilets
would help protect river values.
Vault toilets would not be able to be tipped over and possibly contaminating the creek.
Concerns to consider while finalizing the project included the following. Responses are included to
provide clarification.
Proposal of vault toilets shows a level of development in the river corridor and is too many to
install, especially if toilets are in close proximity of each other. Consider allowing access to a low
number of people so that you do not need to build so many facilities.
o Response: The 2016 reservation system limited access to the corridor to 148 vehicles or
740 people at one time, which is substantially less than visitation levels seen in previous
years. Even with this lower number of visitors, the need for proper sanitation facilities to
provide a quality recreation experience while protecting the natural and cultural resources
remained evident. The locations selected for installation of the new vault toilets were
determined based on the recreational use these locations receive and their positioning
throughout the Fossil Creek corridor.
Trash service needs to exist to mitigate people choosing to throw trash into the toilet vault, which
is difficult to remove.
o Response: The Forest Service currently requires trash to be removed by the visitors who
brought it (through pack-it-in and pack-it-out messaging). The Forest Service will
evaluate the need for additional trash collection this summer after installation of the vault
toilets.
Maintenance of toilets should allow for a clean condition, with re-stocking of toilet paper, so that
people are not deterred from using them.
o Response: The Forest Servcie has contracted for toilet pumping and cleaning services.
Contracts can be adjusted based on need.
Visual impact of vault toilets would take away from the wild character of the area.
o Response: The concrete vault toilets would have a “stucco”-style finish for the walls and
a cedar shake-style roof, allowing the facilities to blend into the scenery moreso than
commercial porta potties.
Location of toilets outside the 100-year floodplain might not be sufficient due to more frequent
intense storms, as related to climate change.
Decision Memo – Fossil Creek Vault Toilets Project 6
o Response: According to National Best Management Practices for Water Quality
Management on National Forest System Lands printed in April 2012, location of toilets
outside the 100-year floodplain is the best management practice recommended for vault
toilet structures. In this project, the toilets are located well outside the 100-year
floodplain; therefore, if climate changes increase the flood flows for the 100-year event,
these toilet locations may still be outside that increased margin.
When constructed, the concrete vaults should be precast and sealed with coated surfaces to
minimize leaks from possible cracks underground, and the vaults should have stable footing so
that settlement will not cause cracks and leaks
o Response: The vaults are designed with two forms of protection against leaks. Primary
leak protection is the ABS plastic liners cast into the concrete. The secondary is the
precast reinforced vault. The vaults are set into a cleanly excavated hole sitting on a
compacted bedding material and backfilled with material that will not cause point loads
and potential cracking of the concrete.
People may still behave inappropriately by not using the facilities and defecating close to the
water. The Forest Service should consider issuing Wag Bags to encourage appropriate behavior so
that people to pack out their waste.
o Response: The Forest Service intends that the presence of vault toilets will encourage
people to behave appropriately. Pack-out systems, using Wag Bags, are an appropriate
option for remote backcountry settings where toilets are not feasible or are not consistent
with management direction.
Installation of the vault toilets can be noisy to wildlife and people.
o Response: The Forest Service is installing toilets before the breeding season for rare bird
species, as not to disturbe them. Recreationists will not be disturbed by noise or
equipment because this middle portion of the corridor where the toilets are to be installed
will be closed at this time from May 1-14, 2017.
How are the vault toilets more sustainable—specifically how many gallons of waste will a vault
toilet hold?
o Response: Single vault toilets have a vault capacity of 1,000 gallons; double vault toilets
have two vaults, equating to a total of 2,000 gallons. Vaults toilets are more sustainable,
in part, because need to only be pumped out one or twice a season as compared to porta
potties that need more frequent pumping and maintenance. The concrete vault buildings
are fairly maintenance free, providing for long-term sustainability.
Sewage smell can still occur in vault toilets, despite the use of Sweet Smelling Technology;
composting toilets, if used, could minimize smell and remove the need to pump.
o Response: The vault toilets have been situated to allow for best ventilation, considering
wind directions, to minimize smell. Vault toilets installed with Sweet Smelling
Technology ensure the best and proper ventilation occurs. If smell continues to be a
problem, a solar powered fan system could be installed to help alleviate any persistent
issues with smell. The number and size of composting toilets that would be needed to
accommodate the amount of waste would exceed available funding. In addition, almost
all composting toilets require a water component and daily maintenance for them to work
effectively and efficiently.
Share with the public where to find statistics regarding E. coli levels in the water.
Decision Memo – Fossil Creek Vault Toilets Project 7
o Response: The Arizona Department of Environmental Quality posts water-quality
statistics, including E. coli, at http://www.azdeq.gov/programs/water-quality-
programs/surface-water-monitoring-and-assesments.
Homeless people could sleep inside the vault toilet buildings as shelter.
o Response: The presence of homeless people sleeping in the vault toilet buildings is
outside the scope of this project; however, during the seasonal permit system, Fossil
Creek is a day-use area open from 8 a.m. to 8 p.m. with no overnight camping.
Tribal Consultation
On February 9, 2017, a meeting was held with the Yavapai-Apache Nation to discuss the proposed vault
toilet installations. The Apache Culture Director reviewed air photos of the proposed installation locations
and had no concerns with them.
Exclusion from Further National Environmental Policy Act Analysis
The Forest Service NEPA regulations (36 CFR 220) provide that a proposed action may be categorically
excluded from further analysis and documentation through an environmental impact statement (EIS) or
environmental assessment (EA) only if there are no extraordinary circumstances. The applicable
categories in 36 CFR 220.6 are:
The action to improve temporary toilet facilities with sustainable vault toilets falls within the
category of 36 CFR 220.6(d)(5): Repair and maintenance of recreational sites and facilities.
The action to improve roads to facilitate access to toilet locations falls within the category of 36
CFR 220.6(d)(4): Repair and maintenance of roads, trails, and landline boundaries.
Evaluation of the following resource conditions indicates that no extraordinary circumstances are present
in the project. As a result, further analysis and documentation is an EA or EIS is not necessary.
Federally listed threatened or endangered species or designated critical habitat, species
proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species –
The status of threatened and endangered species, designated critical habitat, species proposed for
federal listing, proposed critical habitat and Forest Service sensitive species is summarized in Table 2.
The biological assessment found the proposed action will have no effect to terrestrial threatened,
endangered, or sensitive species nor designated or proposed critical habitat and that the proposed
action will have wholly beneficial effects to aquatic species due to reducing E. coli in Fossil Creek.
This determination was based on the fact that the project will not alter or impact habitat conditions,
and because the breeding season for rare birds will be avoided, the project will not create a
disturbance to the threatened and endangered species of concern listed or to all species on the
district's 2013 threatened, endangered and sensitive species list. There will be no change in habitat or
population trend for any Coconino and Tonto national forest sensitive species or management
indicator species. The U.S. Fish and Wildlife Service concurred with the findings of the biological
assessment on March 31, 2017.
Flood plains, wetlands, or municipal watersheds – There are floodplains and wetlands within the
decision area but no municipal watersheds or drinking water source areas. The amount of soil ground
disturbance that would occur from actions is negligible (estimated at about 100 square feet). Soil and
water BMPs will be implemented to prevent any non-point source pollution into Fossil Creek by
safely removing and depositing excavated soil outside of the high water mark or floodplain.
Compliance with Executive Order 11988 (Floodplains) requires that agencies restore and preserve the
natural and beneficial values served by floodplains; evaluate potential effects on floodplains; consider
alternatives to avoid adverse effects in floodplains; and minimize potential harm to floodplain
Decision Memo – Fossil Creek Vault Toilets Project 8
function. The decision is compliant with Executive Order 11988 (Floodplains) because the project
will not have any potential effect on floodplains. Sanitation facilities will be planned, located,
designed, constructed, operated, inspected, and maintained to minimize the possibility of water
contamination. All vault toilets will be located well outside of the potential flows of the 100 year
flood event. Ongoing water quality monitoring for E. coli as well as turbidity will make sure all Best
Management Practices are effective. The decision is compliant with Executive Order 11190
(Wetlands) because there will be no anticipated unacceptable effects to wetland areas, riparian areas
or perennial streams in the project area.
Congressionally designated areas such as wilderness, wilderness study areas, or national
recreation areas – The project does not occur in any wilderness, wilderness study areas or national
recreation areas.
Inventoried roadless areas or potential wilderness areas – The project does not occur in any
inventories roadless areas or potential wilderness areas.
Research natural areas – No research natural areas are within or adjacent to the Fossil Creek permit
area. There will be no effect to research natural areas.
American Indians and Alaska Native religious or cultural sites – All project activity locations
have been surveyed 100 percent and one cultural site is present within the installation areas. The
cultural resources clearance report (Neff 2017) states that while it was observed to retain no physical
integrity and therefore not considered eligible to the National Register under criterion D, site AR-03-
12-04-2071 is considered eligible under criteria A and B because of its association with the return of
the Dilzhe’e (Tonto Apache) from the San Carlos Reservation to their traditional homeland and with
Dixon Lewis, who was an important person to the spiritual wellbeing of traditional Apache (Bone,
CNF Report 2010-43-A). Given this, potential project effects to the property need to be evaluated
from the perspective of significant contributions to the broad patterns of history and association with
the lives of persons significant in the past. Because the property retains no physical integrity, the
evaluation of effects must be based not on the extent of ground disturbance relative to aspects of
integrity but rather on the perspective of individuals or entities that have cultural knowledge about the
property. The Apache Culture Director confirmed that all of the proposed vault toilet locations,
including within the Dixon Lewis site (AR-03-12-04-2071), were acceptable from the Apache
perspective (also see above “Tribal Consultation” section). No delineated parking area expansion will
be allowed within site boundaries. There will be no adverse effect to any cultural resources from the
project.
Archaeological sites, or historic properties or areas – All project activity locations have been
surveyed 100 percent and two historic properties are present in the installation areas. The cultural
resources clearance report (Neff 2017) states that site AR-03-04-01-1079 does not retain integrity and
was determined not eligible for the National Register in 1998 (Larson and Boston, CNF Report 1998-
72). Given this, the installation of two vault toilets within its boundaries will result in no adverse
effects to property. As mentioned above, Site AR-03-12-04-2071 has no physical integrity but is
eligible for nomination to the National Register of Historic Places under Criteria A (significant
contributions to the broad patterns of history) and B (association with the lives of persons significant
in the past). The Apache Culture Director confirmed that the proposed installation of a vault toilet at
the site was acceptable from the Apache perspective. Given this, the proposed vault toilet installation
at the site will result in no adverse effects to a register eligible historic property. Archaeological
monitoring is recommended during toilet installation at the site, however, because of the potential
presence of a buried prehistoric component at the site. No delineated parking area expansion will be
allowed. Concurrences from the Arizona State Historical Preservation Office (SHPO) are expected in
Decision Memo – Fossil Creek Vault Toilets Project 9
late April, 2017. Project construction will not commence at the Waterfall Trail location (encompassed
by AR-03-12-04-2071) until concurrences are received.
Findings Required by Other Laws and Regulations
Coconino and Tonto National Forest Plans: This project is consistent with the goals, objectives, and
management standards of the Coconino and Tonto national forest plans, as amended. The need for
additional management measures is consistent with the Tonto National Forest Plan and the Coconino
National Forest Plan direction for wild and scenic rivers. The river values such as water quality, scenery,
fish, wildlife, and historic and cultural resources are to be maintained while also protecting the river’s
free-flowing character.
National Historic Preservation Act: Cultural resource surveys have been completed and reviewed by
the Forest Service archeologist. Results indicated there were no adverse effects to the historical cultural
resources of the area.
American Indian Religious Freedom Act: One American Indian cultural site, site AR-03-12-04-2071
(the Dixon Lewis place) has been identified within the Waterfall Trailhead installation area. Vincent
Randall (Apache Culture Director) of the Yavapai – Apache Nation review the proposed toilet installation
location within the site, as well as all of the other installation locations, and expressed no concerns. No
comments regarding cultural sites were received regarding the project proposal through scoping.
Endangered Species Act: The Forest Service biologist has developed a biological assessment for the
proposed project area, which considered potential impacts on threatened, endangered or proposed species
and their habitats. Based on this analysis, there will be no effects to federally listed species. The U.S. Fish
and Wildlife Service concurred with the findings of the biological assessment on March 31, 2017.
Migratory Bird Treaty Act: On January 10, 2001, President Clinton signed an Executive Order
outlining responsibilities of federal agencies to protect migratory birds. Upon review of the information
regarding neotropical migratory birds and the scope of the project, the Forest Service wildlife biologist
determined that no significant loss of migratory bird habitat is expected from implementation of this
project.
Clean Water Act: Public Law 92-500, as amended in 1977 (Public Law 95-217) and 1987 (Public Law
100-4) (also known as the Federal Clean Water Act) provides the structure for regulating pollutant
discharges to waters of the United States. In Arizona, the designated agency for enforcement of the Clean
Water Act is the Arizona Department of Environmental Quality. Soil and water best management
practices will be implemented as described to prevent any non-point source pollution into Fossil Creek by
safely removing and depositing excavated soil outside of the high water mark or floodplain. Water quality
monitoring will be used to inform any management actions that are needed to maintain water quality
standards.
Outstanding Arizona Water Designation: Fossil Creek was designated as an Outstanding Arizona Water
on June 30, 2010. The designation triggers implementation of tier 3 anti-degradation protection. This
decision will protect the designation because recreation impacts that can affect water quality will be
managed in a sustainable manner.
Executive Order 12898 - Environmental Justice: No environmental justice concerns are anticipated to
arise from installing vault toilets in Fossil Creek, or were raised by the public during scoping.
Administrative Review Opportunities
This decision is not subject to administrative review opportunities, including objections pursuant to 36
CFR 218.
USDA z::::::;;;;
Implementation Date The dec ision may be implemented immediately upon signature of this decision . As described above, insta llation of the vault toi lets is anticipated to occur May 1-1 4, 2017.
For More Information For additional information concerning this decision, contact Elizabeth Munding, NEPA planner, on the Coconino's Red Rock Ranger District, 8375 State Route 179, Sedona, AZ, 863 51, or by calling (928) 203-29 14. For the project web page, see https://www.fs.uscla.gov/project/?project=5 l 085.
NIC~ District Ranger
DATE
USDA NON-DISCRIMINATION POLICY STATEMENT: DR 4300.003 USDA Equal Opportunity Public Notification Pol icy (June 2, 2015) In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation far prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD· 3027, found online at http://www.ascr.usda.gov/complaintJiling_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 63219992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) Jax: (202) 690-7442; or (3) email: [email protected] .
USDA is an equal opportunity provider, employer and lender.
Decision Memo - Fossil Creek Vault Toilets Project 10
Decision Memo – Fossil Creek Vault Toilets Project 11
Figure 1. Toilet locations, Fossil Creek Interim Management Vault Toilets Project
Decision Memo – Fossil Creek Vault Toilets Project 12
Table 2. Threatened, Endangered, and Sensitive Species List
for the
Coconino and Tonto National Forests
Project Name: Fossil Toilet Installation
Species Name Species Status No Suitable Habitat
Suitable Habitat Present
Suitable Habitat
Occupied Federal State
Forest Service
Mammals
Western Red Bat, Lasiurus blossevillii -- 1B Sen X
Spotted Bat, Euderma maculatum -- 1B Sen X
Allen’s lappet-browed Bat, Idionycteris phyllotis -- 1B Sen X
Pale Townsend’s Big-eared Bat, Corynorhinus townsendii pallescens -- 1B Sen X
Birds
Southwestern willow flycatcher, Empidonax traillii extimus E 1A -- X
Mexican Spotted Owl, Strix occidentalis lucida T 1A -- Recovery
Yuma Clapper Rail, Rallus longirostris yumanensis E 1A -- X
Western Yellow-billed Cuckoo, Coccyzus americanus occidentalis T 1A Sen X
Bald Eagle, Haliaeetus leucocephalus -- 1A Sen X
American Peregrine Falcon, Falco peregrinus anatum -- 1A Sen X
Northern Goshawk, Accipiter gentilis -- 1B Sen X
Burrowing Owl, Athene cunicularia -- 1B Sen X
Reptiles and Amphibians
Chiricahua Leopard Frog, Rana chiricauhuensis T 1A -- X
Narrow-headed Gartersnake, Thamnophis rufipunctatus T 1A Sen X
Northern Mexican Gartersnake, Thamnophis eques megalops T 1A Sen X
Lowland Leopard Frog, Rana yavapaiensis -- 1A Sen X
Northern Leopard Frog, Rana pipiens -- 1A Sen X
Fish
Colorado Pikeminnow, Ptychocheilus lucius E 1A -- X
Razorback sucker, Xyrauchen texanus E 1A -- X
Decision Memo – Fossil Creek Vault Toilets Project 13
Loach Minnow, Tiaroga cobitis E 1A -- X
Spikedace, Meda fulgida E 1A -- X
Gila Chub, Gila intermedia E 1A -- X
Gila Trout, Oncorhynchus gilae gilae T 1A -- X
Gila Topminnow, Poeciliopsis occidentalis E 1A -- X
Headwater Chub, Gila nigra P 1A Sen X
Roundtail Chub, Gila robusta P 1A Sen X
Sonora Sucker, Catostomus insignis -- 1B Sen X
Desert Sucker, Catostomus clarki -- 1B Sen X
Invertebrates
A Mayfly, Moribaetis mimbresaurus -- -- Sen X
A Caddisfly, Lepidostoma knulli -- -- Sen X
Balmorhea Saddle-case Caddisfly, Protoptila balmorhea -- -- Sen X
A Caddisfly, Wormaldia planae -- -- Sen X
Snails
Fossil Springsnail, Pyrgulopsis simplex -- 1A Sen X
Page Springsnail, Pyrgulopsis morrisoni -- 1A Sen X
Clams
California Floater, Anodonta californiensis -- 1A Sen Historic
Plants
Arizona Cliffrose, Purshia subintegra T -- -- X
Tonto Basin Agave, Agave delamateri -- -- Sen X
Phillips’ Agave, Agave phillipsiana -- -- Sen X
Sacred Mountain Agave, Agave verdensis -- -- Sen X
Page Springs Agave, Agave yavapaiensis -- -- Sen X
Mt. Dellenbaugh Sandwort, Arenaria aberrans -- -- Sen X
Rusby’s Milkvetch, Astragalus rusbyi -- -- Sen X
Cochise Sedge, Carex ultra -- -- Sen X
Arizona Bugbane, Cimicifuga arizonica -- -- Sen X
Metcalfe’s Tick-trefoil, Desmodium metcalfei -- -- Sen X
Rock Fleabane, Erigeron saxatilis -- -- Sen X
Decision Memo – Fossil Creek Vault Toilets Project 14
Table Legend: E = Federally Endangered T = Federally Threatened C = Federal Candidate P = Proposed Candidate Tier 1A = State Species of Greatest Conservation Need Tier 1B = State Species of Greatest Conservation Need Sen = Forest Service Sensitive
F = Foraging N = Nesting H = Historic S = Spawning M = Migration R = Roosting W = Wintering O = Occupied X = Suitable Habitat Not Present/Present CR = Critical habitat
Heathleaf Wild Buckwheat, Eriogonum ericifolium var. ericifolium -- -- Sen X
Ripley Wild Buckwheat, Eriogonum ripleyi -- -- Sen X
Flagstaff Pennyroyal, Hedeoma diffusum -- -- Sen X
Eastwood Alum Root, Heuchera eastwoodiae -- -- Sen X
Verde Breadroot, Pediomelum verdiensis -- -- Sen X
Lyngholm’s Brakefern, Pellaea lyngholmii -- -- Sen X
Arizona Phlox, Phlox amabilis -- -- Sen X
Alcove Bog Orchid, Platanthera zothecina -- -- Sen X
Hualapai Milkwort, Polygala rusbyi -- -- Sen X
Ertter’s Rose, Rosa woodsii var. ertterae -- -- Sen X
Mearns Sage, Salvia dorrii spp. mearnsii -- -- Sen X