Gre
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United States Department of Agriculture Forest Service Eastern Region
Sugarbush Stein’s Run Trail Widening Project
Town of Warren
Washington County, Vt
Decision Memo
Prepared by:
Eastern Region Winter Sports Team
June, 2011
For Information Contact: Tom Paquette Special Use Permit Administrator Green Mountain National Forest
99 Ranger Road, Rochester, VT 06767 (802) 767-4261 x 521 FAX (802) 767-4777
E-mail: [email protected]
Responsible Official: Susan Mathison Eastern Region Winter Sports Team Leader
71 White Mountain Drive, Campton, New Hampshire 03223
(603) 536-6245 FAX (603) 536-3685
E-mail: [email protected]
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and
activities on the basis of race, color, national origin, sex, religion, age, disability, political beliefs,
sexual orientation, and marital or family status. (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 USDA, Director, Office of Civil Rights, Room 326-W,
Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-
5964 (voice and TDD). USDA is an equal opportunity provider and employer.
This document can be made available in large print.
Contact Tom Paquette at (802) 767-4261
or e-mail [email protected]
Sugarbush Stein’s Run Trail Widening Project - Decision Memo
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Table of Contents
1 Summary.........................................................................................................................4
2 Decision To Be Implemented .......................................................................................4
2.1 Background and Project Area ............................................................................4
2.2 Purpose and Need ...............................................................................................5
2.3 Description of Decision………………………………………………………...6
3 Rationale for Categorically Excluding the Decision .................................................7
3.1 Category of Exclusion .........................................................................................8
3.2 Relationship to Extraordinary Circumstances .................................................8
4 Public Involvement .....................................................................................................12
5 Findings Required By and/or Related to Other Laws and Regulations ..............12
6 Project Mitigation Measures…………………………………………………...14
7 Administrative Review or Appeal ............................................................................15
8 Implementation Date and Contact ............................................................................16
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1 Summary
After careful consideration of public input, the recommendations of appropriate resource
specialists, and the requirements of applicable laws and regulations, I have decided, as Team
Leader of the Eastern Region Winter Sports Team, to authorize Sugarbush Resort to
implement the Stein’s Run Trail Widening Project. Activities authorized as part of this
decision include the removal of trees in a 0.2 acre area at the top of the Stein’s Run ski trail and
the drilling of a hole in ledge to locate a groomer winch point. The trail widening will allow
safer approach to the trail for grooming operations. The project is located on National Forest
System land in the Town of Warren, Washington County, Vermont on the Rochester Ranger
District of the Green Mountain National Forest (GMNF) (see attached map).
2 Decision to be Implemented
2.1 Background and Project Area
Sugarbush has been operated and managed as a commercial ski resort since 1958.
The area is currently authorized under a Special Use Permit issued to Summit
Ventures NE, LLC. The resort consists of two mountains with ski facilities:
Mount Ellen and Lincoln Peak. The ski resort’s summit is 4,083 feet with a 2,600
vertical drop; the ski resort has 111 ski trails consisting of approximately 53
miles, and many gladed areas. The mountain operates 16 ski lifts. Over 70% of
the mountain has snowmaking capabilities and average snowfall exceeds 250”.
On the average, Sugarbush is visited by over 250,000 guests annually, primarily
in the winter months. About 50% of the total skiing acreage is located on
National Forest System lands.
Stein’s Run trail is a 2,248 foot long trail with a 977 vertical foot drop and a 48%
to 59% grade. The trail averages 129’ in width and is rated as an expert trail. The
trail is allowed to bump up and is only occasionally groomed. The current
entrance to Stein’s is less than 60’ wide on the skier’s far left side of the trail and
is accessed from the Reverse Traverse trail after making a sharp turn off of Valley
House Traverse trail. This intersection area, along with the Valley House lift
unload area and The Mall trail entrance, has been identified as a complex high
traffic merge area of skiers with all ability levels. Currently, in order to groom
Stein’s, the operator must free-groom (not anchored) the top section in order to
get in position on the skier’s right side of the trail. The operator then must leave
the groomer on the steep section of trail to hook the winch cable to a tree. After
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grooming is completed, the operator then gets out again to unhook the winch
cable, and exits the trail at the narrow entrance at the top.
Sugarbush Resort has submitted a request for authorization to create and
maintain a new direct approach to the trail that would allow the groomer
operator to attach the winch cable to a anchor in a safer location, and to directly
access the trail for grooming operations. The project is located within the
Sugarbush Resort Special Use Permit Area, Town of Warren, Washington
County, Vermont on the Rochester Ranger District. The project area is located
within an area designated as Alpine Ski Areas, Management Area (MA) 7.1, in
the Green Mountain National Forest Land and Resource Management Plan
(Forest Plan).
2.2 Purpose and Need
The Green Mountain National Forest administers the Sugarbush Special Use
Permit in order to maintain the range of recreation opportunities for alpine
skiing, snowboarding, and year-round outdoor based recreation activities,
managed by the permit holder. This is a major emphasis of the Alpine Ski Areas
MA as provided in the Forest Plan (p. 63). Management and operating practices
are designed to enhance permitted recreation activities at the area while
protecting the natural resources and visual characteristics (Forest Plan, p. 63).
The purpose of and need for the project is to create a safer entrance to Stein’s
Run for both skiers and for grooming operations by creating a direct trail access
from its intersection with Reverse Traverse and Valley House Traverse trails.
The new access would allow skiers to enter Stein’s Run directly from Valley
House Traverse without an additional turn in the complicated trail merge area,
and without additional mixing with beginner skiers using Reverse Traverse trail.
By creating this second direct access to Stein’s Run, the trail could be groomed
more frequently if the Resort desires, by providing a safer approach for the
groomer. The winch cable would be hooked up directly above the entrance to a
point anchored into the bedrock. The operator would not have to leave the
groomer on the steep trail in order to hook the winch cable around the tree.
The entire trail would be groomed from this one anchor point.
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2.3 Description of Decision
My decision is to authorize Sugarbush Resort to create a new direct entrance to
Stein’s Run trail. The new entrance will be created by removing all the trees and
vegetation in a 0.2 acre area beginning at the intersection with Valley House
Traverse ski trail. The opening will be about 60’ wide at the top, 200’ in length
on skier’s right side, and 170’ in length on the left side blending in with the
existing trail. An island of trees will remain at the top between the new and
existing entrances to Stein’s Run. All trees will be flush cut and then dispersed in
the adjacent woods, or chipped and blown into the woods. Any large rocks in
this new opening will be moved off the new trail by an excavator, if necessary. A
steel winch anchor point will be created above Valley Traverse Trail by drilling a
hole in ledge and placing a post in concrete in the hole. The existing trail sign
and snowmaking hydrant will be relocated. No further earth disturbance is
anticipated. The project area is at about 2850’ in elevation and is located below
the mapped Bicknell’s thrush habitat area. The project is expected to be
completed by September 15, 2011.
It is my determination that based on the project analysis and including the
specified mitigation measures, the project complies with the Green Mountain
National Forest management plan (Forest Plan) and meets the permit holder’s
purpose to expand the range of recreation opportunities provided at the Ski
Area.
This decision contributes to accomplishment of the Forest Plan Major Emphasis
for MA 7.1 to provide alpine winter sports opportunities and year-round
recreation opportunities at the alpine ski areas managed by the private sector
under Special Use Authority (Forest Plan, p. 63).
This decision contributes to accomplishment of the Forest Plan Desired Future
Condition for MA 7.1 including: Management and operating practices will be
aimed at enhancing permitted recreation activities of the area while protecting
the natural resources and visual characteristics. (Forest Plan, p. 63).
This decision complies with Forest-wide and MA 7.1 Standards and Guidelines
(Forest Plan, p. 19 through p. 44 and p. 63 through p. 65).
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Non-native Invasive Species
In keeping with Forest Plan standards and guidelines (S-1 and S-2, page 33), and
in accordance with the Biological Evaluation for Non-native Invasive Species for
this project, to prevent the spread of wild chervil onto these new trails, the
following project design criteria are needed:
Wild chervil infestations at Sugarbush have been mapped, so it is clear
which trails are infested and which trails are not.
Mow wild chervil prior to seed set, including using a weed-whacker in
places the mower won’t reach AND monitor the cut-back material to
make sure neither the cut stems lying on the ground nor the remaining
cut plants go to seed. These steps should be repeated annually until wild
chervil is no longer present in these locations.
To prevent introduction of new NNIS or spread of existing NNIS, the following
project design criteria are needed:
1. Any equipment brought in to implement the project should be cleaned of
all mud, seeds, or other debris prior to accessing each construction site
2. Mud and plant debris should be removed from equipment after the work
is completed and before the equipment leaves one site to go to the next
site
3. If re-vegetation is needed, a native seed mix and weed-free hay should be
used; the Forest botanist can help choose a suitable mix
This decision is based on my review of the project record, including input from
appropriate resource specialists. The record shows a thorough review of
relevant scientific information, a consideration of responsible opposing views,
and the acknowledgement of incomplete or unavailable information, scientific
uncertainty, and risk. My decision is also based on my past experiences with
permit administration of this and similar activities on the Green Mountain
National Forest.
3 Rationale for Categorically Excluding the Decision
Decisions may be categorically excluded from documentation in an
environmental impact statement or an environmental assessment when they are
within one of the categories found at 36 CFR 220.6(d) or (e), and there are no
extraordinary circumstances related to the decision that may result in a
significant individual or cumulative environmental effect.
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3.1 Category of Exclusion
Based upon the environmental analysis contained in the project planning record
and on experience with similar activities on the GMNF, I have concluded that
this decision can be categorically excluded from further analysis and
documentation in an environmental impact statement or environmental
assessment.
I have determined that the selected action is a routine activity within the
following category of exclusion found at 36 CFR 220.6(e)(1): Construction and
reconstruction of trails.
3.2 Relationship to Extraordinary Circumstances
Based on information presented in this document and the entirety of the project
record, I have evaluated the resource conditions listed in 36 CFR 220.6(b)(1) and
determined there are no extraordinary circumstances related to this project. As
indicated in 36 CFR 220.6(b)(2), the mere presence of one or more of the listed
resource conditions does not preclude use of a categorical exclusion. It is the
existence of a cause-effect relationship between a proposed action and the
potential effect on these resource conditions and if such a relationship exists, the
degree of the potential effect of a proposed action on these recourse conditions
that determines whether extraordinary circumstances exist.
I have considered the potential effects from the project associated with the
resource conditions listed at 36CFR 220.6(b)(1) and conclude they are not
significant. As a result, there are no extraordinary circumstances related to this
action. My conclusion is based on information presented in this document and
the entirety of the project planning record. A summary of the project’s potential
effects on each resource condition is as follows:
Federally listed threatened or endangered species or designated critical habitat,
species proposed for Federal listing or proposed critical habitat, or Forest
Service sensitive species.
Threatened and Endangered species
The Endangered Species Act requires that federal activities not jeopardize the
continued existence of any animal or plant species federally listed or proposed as
threatened or endangered, or result in adverse modification to such species’
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designated critical habitat. As required by this Act, potential effects of this
decision on listed species have been analyzed and documented in a Biological
Evaluation (project record).
The Forest Service Wildlife Biologist technician and Forest Botanist have
determined that the likelihood for occurrence of any threatened and endangered
(T&E) species in the project area is Low. The Green Mountain National Forest
has historic occurrence records of three T&E species (eastern cougar, gray wolf,
and Canada lynx), and current occurrence records for one specie (Indiana bat).
The site is more than five miles from the nearest known Indiana bat
hibernaculum and is at elevations of over 1600 ft. The project area does not
include potential or critical habitat for T&E species.
As detailed in the Biological Evaluation, this decision will have ‘no effect’ on
listed animal or plant species or designated critical habitats because no listed
species or critical habitats have the potential to occur in the area that would be
affected by this project.
Sensitive species
Forest Service Manual (FSM) 2670 direction requires analysis of potential impacts
to sensitive species, those species for which the Regional Forester has identified
population viability is a concern. These species are listed as Regional Forester’s
Sensitive Species (RFSS).
The Interdisciplinary Team has noted that the upper most section of the trail lies
below the area known to be suitable for Bicknell’s thrush nesting habitat. Forest
Service biologists have reviewed the site and have determined that there will be
no adverse effect to Bicknell’s thrush habitat.
This project will have ‘no effect’ on any of the RFSS or their preferred habitats,
and thus is not likely to lead to loss of viability or trend toward federal listing for
any animal or plant on the RFSS list (Wildlife Biological Evaluation, June 10,
2011; Plant Biological Evaluation, June 10, 2011).
Floodplains, Wetlands, or Municipal Watersheds
Executive Orders 11988 and 11990 direct federal agencies to avoid adverse
impacts to floodplains or wetlands, which are defined in the executive orders.
Based on map and site review, the project is not located within or directly
adjacent to floodplains, wetlands, or municipal watersheds (project record).
Therefore, effects from this decision on floodplains and wetlands will be non-
existent. (Nancy Burt, Soils and Water Specialist, Small Projects Day, March 22,
2011).
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Congressionally designated areas, such as wilderness, wilderness study areas, or
national recreation areas
Wilderness
Congressionally designated Wilderness is allocated to the Wilderness
Management Area in the Forest Plan (Forest Plan, p. 49). The Project is not
within or directly adjacent to any Wilderness. This decision does not affect
Wilderness. This decision, with impacts limited to the immediate area of activity
and similar in nature, intensity and appearance as current activities, will not
affect Wilderness Areas elsewhere on the Forest or the values for which they
were designated (Donna Marks, Recreation Planner, Small Projects Day, March
22, 2011).
National Recreation Areas
The GMNF contains two National Recreation Area: the Moosalamoo NRA and
the Robert T. Stafford White Rocks NRA. The project is not located within or
near these areas as validated by the map and site-review. As a result, there will
be no effects associated with the National Recreation Area resource expected
from this project. (Donna Marks, Recreation Planner, Small Projects Day, March
22, 2011).
Long National Recreation Trail (Long Trail)
The Long Trail traverses the ridge top adjacent to the Special Use Permit
boundary and affords viewpoints from nearby peaks. The proposed trail
widening project is located about 1200’ in elevation lower than the ridge. The
project will not adversely affect visitors to the Long Trail or the values for which
it was designated. There will be no effects to the Long Trail or its visitors
(Donna Marks, Recreation Planner, Small Projects Day , March 22, 2011).
Wild and Scenic Rivers
Although the GMNF does not contain any Congressionally designated Wild and
Scenic Rivers, there are many river segments that are eligible to be further
considered for addition to the National Wild and Scenic River System. These
river segments and their associated corridors are within the Eligible Wild, Scenic,
and Recreational Rivers Management Area (Forest Plan, pp. 105 to 107). The
project is not located within or near these eligible river segments. This has been
validated by map and site-review. This decision will not affect the outstandingly
remarkable values identified for any eligible Wild, Scenic, and Recreational
Rivers (Donna Marks, Recreation Planner, Small Projects Day, March 22, 2011).
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Inventoried roadless area or potential wilderness area
There are no inventoried roadless areas (2001 Roadless Area Conservation Rule
or 2006 Forest Plan Inventoried Roadless Areas) in the project area. This decision
will not affect inventoried roadless areas (Donna Marks, Recreation Planner,
Small Projects Day, March 22, 2011).
Existing and Candidate Research Natural Areas
There are no Existing or Candidate Research Natural Areas (Forest Plan, pp. 90
to 93) within or directly adjacent to the project area. This decision, with impacts
limited to the immediate area of activity, will not affect Existing or Candidate
Research Natural Areas (Forest Ecologist, Diane Burbank, Small Projects Day,
March 22, 2011).
American Indian and Alaska Native religious or cultural sites; and
archaeological sites, and historic properties or areas
The Federal government has trust responsibilities to Tribes under a government-
to-government relationship to insure that the Tribes’ reserved rights are
protected. Consultation with tribes helps insure that these trust responsibilities
are met. There are no potentially affected tribes. No tribal concerns were
identified for this project. This decision complies with the National Historic
Preservation Act, the Archaeological Resources Protection Act, and the Native
American Graves Protection and Repatriation Act (Melissa Reichert, acting for
Forest Archaeologist, Small Projects Day, March 22, 2011).
Other Resources
In addition to resource conditions that could lead to extraordinary
circumstances, I also have considered the direct, indirect, and cumulative effects
to other resources such as soil/water, fisheries, visuals, recreation, and non-native
invasive species. The project is not expected to result in any adverse effects
associated with these resources, particularly because all applicable Forest Plan
Standards and Guidelines will be implemented (communication with Resource
Specialists at Small Projects Day, March 22, 2011).
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4 Public Involvement
This project was listed in the quarterly Green Mountain National Forest Schedule of
Proposed Actions (SOPA) beginning in April 2011, and will remain in the SOPA
until the project is authorized for implementation, and posted on the GMNF
Internet site. Additional scoping was done internally with Forest Service
specialists at the Small Projects Day meeting on March 22, 2011.
A scoping package was mailed out to 11 interested individuals and
organizations. In response, one e-mail response was received which contained
substantive comments regarding the project.
The commenter was concerned about additional wind scour at the top of Stein’s
Run trail due to additional exposure and would require more snowmaking to
keep the trail snow covered. Response to the comments: the prevailing wind at
this site is westerly, the trail opening is northeast-southwest, and not expected to
be impacted by wind scour. Also, trees will remain on both sides of the new
clearing. The additional opening would add 0.2 acres to the snowmaking terrain.
The capacity of the snowmaking system is not expected to be impacted by the
addition of this small acreage. The commenter also thought the project would
lead to additional skier traffic conflicts at the complicated intersection. In
response, the new opening to Stein’s Run at this intersection is expected to allow
for skiers to more quickly get out of the main flow of traffic at the intersection,
resulting in better skier traffic patterns.
5 Findings Required By and/or Related to Other Laws and
Regulations
My decision will comply with all applicable laws and regulations. I have
summarized some pertinent ones below.
National Environmental Policy Act (NEPA)
This Act requires public involvement and consideration of potential
environmental effects. The entirety of documentation for this decision supports
compliance with this Act.
Forest Plan Consistency (National Forest Management Act)
The National Forest Management Act (NFMA) requires the development of long-
range land and resource management plans, and that all site-specific project
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activities be consistent with direction in the applicable Land and Resource
Management Plan (Forest Plan). The Stein’s Run Trail Widening project
implements the 2006 GMNF Forest Plan, and its consideration is guided by
direction for the Alpine Ski Area Management Area (Forest Plan, pp. 63 to 67).
My decision is based on the best available science, including a review of the
record that shows a thorough review of relevant scientific information, a
consideration of responsible opposing views, and the acknowledgment of
incomplete or unavailable information, scientific uncertainty, and risk. As
required by NFMA Section 1604(i), I find this project to be consistent with the
Forest Plan including goals, objectives, desired future conditions, and Forest-
wide and Management Area Standards and Guidelines.
Endangered Species Act
See 3.2, Federally Listed Species, in this document.
Clean Water Act
The intent of the Act is to restore and maintain the integrity of waters. The Forest
Service complies with this Act through Forest Plan Standards and Guidelines,
specific project design criteria, and mitigation measures to ensure protection of
soil and water resources.
Wetlands (Executive Order 11990) and Floodplains (Executive Order 11988)
See 3.2, Floodplains, Wetlands, or Municipal Watersheds, in this document.
Wilderness Act
See 3.2, Congressionally Designated Areas
National Trails System Act
See 3.2, Congressionally Designated Areas
National Historic Preservation Act, Archaeological Resources Protection Act,
Native American Graves Protection and Repatriation Act
See 3.2, Native American Cultural Sites, and Archaeological / Historic Sites, in
this document.
Wild and Scenic Rivers Act
See 3.2, Congressionally Designated Areas, this document.
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Federal Noxious Weed Act of 1974 and Executive Order 11312 (Non-Native
Invasive Species)
The Federal Noxious Weed Act requires cooperation with State, local, and other
federal agencies in the management and control of non-native invasive species
(NNIS); Executive Order (EO) 11312 requires all pertinent federal agencies
(subject to budgetary appropriations) to prevent the introduction of NNIS. This
project’s decision meets the intent of this law and EO by incorporating all
pertinent Forest Plan Standards and Guidelines to ensure the management and
control of NNIS. See Standards and Guidelines discussion in section 2.3, page 7
of this document.
Migratory Bird Treaty Act
This decision is consistent with this Act, Executive Order 13186, and the
Memorandum of Understanding between the Forest Service and U.S. Fish &
Wildlife Service to promote the conservation of migratory birds. The Biological
Evaluation evaluates the likely effects to migratory birds of management concern
that are known to nest and breed on the Green Mountain National Forest and
finds there would be no adverse effects to any of these species.
Environmental Justice (Executive Order 12898)
This order requires consideration of whether projects would disproportionately
impact minority or low-income populations. This decision complies with this
order. Public involvement occurred for this project, the results of which I have
considered in this decision-making. Public involvement did not identify any
adversely impacted local minority or low-income populations. This decision is
not expected to adversely impact minority or low-income populations.
6 Project Mitigation Measures
• Implementation will occur within 36 months of this decision,
• Avoid cutting hemlock trees throughout the project area;
• Cut vegetation will remain on site; stems will be chipped, piled or scattered
within the permit area,
• Prior to project implementation, the Permit Administrator will approve in
writing the project’s erosion control plan and associated construction dates,
• Woody stems will not be removed or burned; down woody debris will remain
on site and will provide habitat for a variety of species,
Sugarbush Stein’s Run Trail Widening Project - Decision Memo
15
• Ground disturbance will be limited to the immediate vicinity of the trail
construction,
The introduction and spread of non-native invasive plants will be avoided with
techniques discussed in section 2.3, p. 7.
7 Administrative Review or Appeal
This decision is not subject to an administrative review or appeal pursuant to 36
CFR 215.
This decision is subject to appeal pursuant to 36 CFR 251 by those who hold or,
in certain instances, those who apply for written authorizations to occupy and
use National Forest System lands. An appeal for initial review may be filed by
those who hold or, in certain instances, those who apply for written
authorizations to occupy and use National Forest System lands. To appeal this
decision under 36 CFR 251, a written Notice of Appeal, meeting the content
requirements at 36 CFR 251.90, must be postmarked or received within 45
calendar days after the date of notice of this decision to applicants and holders of
written authorization to occupy and use National Forest System land. However,
when the 45-day filing period would end on a Saturday, Sunday, or Federal
Holiday, the filing time is extended to the end of the next Federal working day.
The Notice of Appeal must be sent to: USDA Forest Service, Green Mountain
and Finger Lakes National Forests, ATTN: Forest Supervisor, Colleen Madrid,
231 N. Main St. Rutland, VT 05701 (fax: 802-747-6766). The Notice of Appeal may
alternatively be faxed to: USDA Forest Service, Green Mountain and Finger
Lakes National Forests, Region 9, ATTN: Forest Supervisor, Colleen Madrid,
(fax: 802-747-6766). A copy of the appeal must simultaneously be sent to the
Eastern Region Winter Sports Team Leader, Susan Mathison, (fax: 603-536-3685).
If an appeal is filed, I am willing to meet and discuss concerns. Additionally, if
an appeal is filed, an oral presentation concerning the appeal (36 CFR 251.97)
and/or stay of implementation (36 CFR 251.91) of the decision may be requested
at any time prior to closing the appeal record.
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8 Implementation Date and Contact
Implementation of this decision may begin immediately.
For additional information concerning this decision, contact: Tom Paquette at
email: [email protected], or by phone at (802-767-4261, extension 521), or by
FAX (802-767-4777).
Additional information about this decision also can be found on the Green
Mountain National Forest web page at:
http://www.fs.fed.us/r9/forests/greenmountain/htm/greenmountain/links/project
s/nepa_project.htm?project=35267.
/s/ Susan H. Mathison
SUSAN H. MATHISON Date: June 22 , 2011
Team Leader
Eastern Region Winter Sports Team