Document alpinecountyca_gov_doc_a6bbabddaf

Hot Springs Road Reconstruction Project Section 4(f) De Minimis Finding Alpine County, California March 2021 ---PAGE BREAK--- ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  i Table of Contents Chapter 1 Introduction Chapter 2 Proposed Project Purpose and Need Project Description – Build Alternative 2.2.1 Construction Approach and Staging Areas No-Build Alternative Chapter 3 Section 4(f) Properties Humboldt-Toiyabe National Forest Bureau of Land Management Grover Hot Springs State Park Chapter 4 Proposed Use of the Section 4(f) Properties Process for Determining De Minimis Impacts on Section 4(f) Properties Proposed Use of Section 4(f) Properties: De Minimis Impacts 4.2.1 Humboldt-Toiyabe National Forest 4.2.2 BLM Sierra Front Field Office Parcel 4.2.3 Grover Hot Springs State Park Measures to Minimize Harm to the Section 4(f) Property Chapter 5 Other Park, Recreational Facilities, Wildlife Refuges, and Historic Properties Evaluated Relative to the Requirements of Section 4(f) 5.1.1 Markleeville Campground Chapter 6 Section 4(f) De Minimis Findings Chapter 7 Consultation and Coordination with the Official Jurisdiction Chapter 8 References Appendix A Communications Log Appendix B Section 4(f) Concurrence Letters ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  ii Acronyms APN Accessor Parcel Number BLM Bureau of Land Management Caltrans California Department of Transportation CFR Code of Federal Regulations County Alpine County FHWA Federal Highway Administration Project Hot Springs Road Reconstruction Project ROW Right of Way State Parks California Department of Parks and Recreation USDOT U.S. Department of Transportation USC United States Code USFS U.S. Forest Service ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  1 Chapter 1 Introduction Section 4(f) of the U.S. Department of Transportation (USDOT) Act of 1966, codified into federal law as 49 United States Code (USC) §303, declares that “[it] is the policy of the United States Government that special effort should be made to preserve the natural beauty of the and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.” Section 4(f) specifies that the Secretary of Transportation may approve a transportation program or project requiring the use of any publicly owned land from a public park, recreation area, wildlife and waterfowl refuge of national, state, or local significance, or land of a historic site of national, state, or local significance (as determined by the federal, state, or local officials having jurisdiction over the park, area, refuge, or site) only if: 1. There is no prudent and feasible alternative to using that land; and 2. The program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from such use. In general, a Section 4(f) use occurs when: 1. Section 4(f) land is permanently incorporated into a transportation facility; 2. There is temporary occupancy of Section 4(f) land that is adverse in terms of preservation purposes as determined by specific criteria; or 3. Section 4(f) land is not incorporated into the transportation project, but the Project’s proximity impacts are so severe that the protected activities, features, or attributes that qualify a resource for Section 4(f) protection are substantially impaired (constructive use). Further, Temporary Occupancy may be considered a Section 4(f) use if the land is subject to temporary or permanent adverse changes, such as contour alterations, removal of mature trees and other vegetation, or disruption of facilities or activities on the property. Temporary occupancy is not a Section 4(f) use if all of the following conditions exist:  The land use is of short duration (defined as less than the time needed for the construction of the project)  There is no change in ownership of the land  The scope of the work must be minor  There are no temporary or permanent adverse changes to the activities, features, or attributes of the property  The land must be fully restored to a condition at least as good as prior to the project  There must be documented agreement from the official(s) with jurisdiction over the property with the above conditions ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  2 Conditions must be evaluated on a case-by-case basis to determine whether or not a particular activity constitutes use of a Section 4(f) property. (FHWA 2020) Section 6009(a) of SAFETEA-LU amended Section 4(f) legislation at 23 USC 138 and 49 USC 303 to simplify the processing and approval of projects that have only de minimis impacts on lands protected by Section 4(f). This amendment provides that once the USDOT determines that a transportation use of Section 4(f) property, after consideration of any impact avoidance, minimization, and mitigation or enhancement measures, results in a de minimis impact on that property, an analysis of avoidance alternatives is not required and the Section 4(f) evaluation process is complete. The Federal Highway Administration’s (FHWA’s) final rule on Section 4(f) de minimis findings is codified in 23 Code of Federal Regulations (CFR) 774.3 and CFR 774.17. Responsibility for compliance with Section 4(f) has been assigned to the California Department of Transportation (Caltrans) pursuant to 23 USC 326 and 327, including de minimis impact determinations, as well as coordination with those agencies that have jurisdiction over a Section 4(f) resource that may be affected by a project action. ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  3 Chapter 2 Proposed Project This Section 4(f) Evaluation is being conducted for the Hot Springs Road Reconstruction Project (Project) proposed by the Alpine County (County) Community Development Department. The Proposed Project is located west of the unincorporated community of Markleeville near State Route 89 within a rural area of the Sierra Nevada Mountains (Figure Surrounding land uses include a variety of open space, recreational, residential, institutional and commercial use. The Project includes parcels adjacent to Hot Springs Road, including parcels owned and managed by the U.S Forest Service (USFS), California Department of Parks and Recreation (State Parks), and Bureau of Land Management (BLM). Much of the proposed Project is located within the Humboldt-Toiyabe National Forest and is subject to the Toiyabe National Forest Land and Resource Management Plan (USFS 1986). Purpose and Need Hot Springs Road is routinely used by recreationists and residents to access Grover Hot Springs State Park, hiking trails, bike trails, Markleeville Village at Pleasant Valley Road, and the Shay Creek Summer Home Residential Tract near the Grover Hot Springs State Park. The roadway also serves as an important access route for fire and emergency response providers. Hot Springs Road has a County Collector functional classification, an average of 490 daily vehicle trips (based on 1998 estimates), and an Level of Service, based on typical summer conditions collected in July 2009 (Alpine County 2017). However, the existing two-lane roadway has 11-foot wide travel lanes with shoulders of variable widths and a poor pavement condition index of 26, which is a numerical index between 0 and 100 used to indicate the condition of a specific section of road pavement. The Project is needed to improve traffic circulation and protect the safety of the travelling public along Hot Springs Road. The purpose of the Project is to improve pavement conditions and to construct paved shoulders and bike lanes. The Project will increase safety for drivers and bicyclists by providing drivers with a consistent roadway section and a wider area for recovery should they veer out of the travel lane, and providing bicyclists with wider paved shoulders. The Project will also improve road width for emergency responders and evacuating residents and visitors during emergency wildfires). ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  4 Figure 1. Project Location ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  5 Project Description – Build Alternative The Project will reconstruct Hot Springs Road, improve pavement conditions, and provide paved shoulders along the road’s 11-foot wide travel lanes, including 5-foot width for Class 2 and 3 bicycle lanes, where possible. The reconstructed pavement is expected to have a life span of approximately 25 to 30 years. The approximately 41-acre Project Area encompass all areas of potential direct and indirect Project effects, including all areas of road widening, temporary construction easements, and staging areas (Figure The Project is designed to keep road improvements within the existing right of way (ROW) to the maximum degree possible to protect existing infrastructure the Town Ditch, Markleeville Water Company facilities, and existing intersections and access points), and improve drainage. To address funding constraints, construction of the project will be phased, with Phase 1 reconstructing Hot Springs Road from Laramie Street to approximately Pleasant Valley Road (0.8 miles) and Phase 2 reconstructing the roadway from approximately Pleasant Valley Road to the entrance of Grover Hot Springs Park (2.4 miles). The location and amount of road widening varies along the roadway alignment in order to optimize how the wider road fits within the existing horizontal curves; this design approach is intended to minimize localized impacts to existing features that include utilities, driveways, natural drainage features and culverts. Figure 3 shows the typical cross-section. Within Phase 1, the widening ranges between 4.7 and 6.4 feet along the north side of the road and between 3.3 and 6.0 feet along the south side of the road. Within the future Phase 2 project segment, the widening ranges between 2.3 and 12.2 feet along the north side of the road and between 0 and 8.8 feet along the south side of the road. Temporary ROW easements will be required from State Parks, BLM, and USFS within the Phase II project limits. In this area, cut slopes (1:1 side slopes on the upslope side and 1.5:1 embankment slopes on the downslope side) will be used to daylight between the new edge of pavement, drainage features, and the existing hillside embankments. Construction of the cut slopes will be performed on BLM and USFS land under a temporary construction permit to perform the work. The USFS will issue a Special Use Permit (SF299) for construction and temporary easement on National Forest land. Construction-related activities also will require temporary construction easements for driveway conforms and staging areas along the roadway. No acquisition of private property is proposed. The County will work with the USFS to review the existing road ROW and easement; USFS will likely issue a new road easement that includes all roadway improvements, embankment cuts and fills, and areas around drainage features that are maintained by the County. Based on preliminary design, the Project will include the construction of two retaining walls within the Phase I project limits (Laramie Street to Pleasant Valley Road): 1) a gabion rock wall, approximately 180 feet long and 4 feet in height, on the downslope (south) side of the road; and 2) a soldier pile wall, approximately 170 feet long and 5 feet in height, on the upslope (north) side of the road. Wall face aesthetic treatments with color variations or rock façades will be ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  6 considered to provide walls that visually fit within the character of the rural, mountainous terrain and natural setting. Culverts will be replaced and drainage facilities improved to accommodate the wider roadway. Roadside ditches may be relocated. Few utilities would be relocated as part of the Project. Liberty Utilities has power lines adjacent to Hot Springs Road and up to 3 poles may need relocation within the Phase I project limits; however, the entire power line would not be affected. The Project will not require new utilities. 2.2.1 Construction Approach and Staging Areas To address funding constraints, construction of the project will be phased, with Phase 1 reconstructing Hot Springs Road from Laramie Street to approximately Pleasant Valley Road (0.8 miles) and Phase 2 reconstructing the roadway from approximately Pleasant Valley Road to the entrance of Grover Hot Springs Park (2.4 miles). Construction of Phase 1 of the Project would begin as early as May 2022 and may continue through 2024. Due to seasonal weather restrictions, construction activities would only take place during late spring, summer, and early fall months. The Project will not require road closures; however, it will require temporary lane closures within the construction zone. Traffic control during lane closure will ensure emergency/fire response and public access to local roadways are maintained within the construction area. Excavators, dump trucks, and other equipment may be required to implement the Project (Table Additional equipment may also be employed during the Project. Table 1. Proposed Construction Equipment Equipment Construction Purpose Backhoe Soil manipulation and drainage work Grader Earthwork construction Bulldozer/loader Earthwork construction, cleaning and grubbing Dump truck Fill material delivery/surplus removal Excavator Soil manipulation Front–end loader Dirt or gravel manipulation Haul truck Earthwork construction; clearing and grubbing Scraper Earthwork construction; clearing and grubbing Truck with seed sprayer (hydroseeded) Landscaping Water truck Earthwork construction; clearing and grubbing Bobcat Backfill distribution and compaction Paving equipment Road reconstruction ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  7 Equipment Construction Purpose Concrete truck Road reconstruction Concrete breakers Road reconstruction Temporarily disturbed areas may be revegetated with native seeds using a truck with seed sprayer. The County would consult with the California Department of Fish and Game regarding recommendations for the native seed mix used to revegetate these areas. No-Build Alternative The No-Build Alternative would maintain the current conditions within the Project limits. This alternative would not serve the Project purpose. ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  8 Figure 2. Proposed Project Area ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  9 Figure 2. Proposed Project Area (continued) ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  10 Figure 2. Proposed Project Area (continued) ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  11 Figure 2. Proposed Project Area (continued) ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  12 Figure 2. Proposed Project Area (continued) ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  13 Figure 3. Proposed Project – Typical Road Section ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  14 Chapter 3 Section 4(f) Properties There are three Section 4(f) properties within the Project limits (Table 3-1). These Properties have been determined to trigger the requirements for protection under Section 4(f). Table 2. Section 4(f) Properties Features and Attributes Property Name Official Agency Jurisdiction Location/Size Features/Description Humboldt – Toiyabe National Forest USFS 6.3 million acres/ surrounding the Project Area Open space, forested environment, Charity Valley trailhead. BLM Sierra Front Field Office Parcel: APN 002-250-025 BLM ~42 acres/ near the middle of the Project Area Open space, forested environment. Grover Hot Springs State Park State Parks 553 acres/ at the western terminus of the Project Area Recreation center, camping, and hot springs. Generally a forested environment. Humboldt-Toiyabe National Forest The Proposed Project is located within the Humboldt-Toiyabe National Forest. The Humboldt- Toiyabe National Forest encompasses 6.3 million acres and is different from most other National Forests in the fact that large non-contiguous sections are scattered between California and Nevada, with the majority residing in Nevada (USFS 2019). Landforms along Hot Springs Road vary from steep to moderately flat, with terrain sloping generally north to south. Elevation in the Project area ranges from approximately 5,500 to 5,900 feet amsl. Recreational uses surrounding the Project Area consist of camping and hiking. The Charity Valley trail can be accessed from Hot Springs Road and continues into the Grover Hot Springs State Park. Additional recreational uses within the Humboldt–Toiyabe National Forest consist of fishing, picknicking, scenic driving and various winter sports such as skiing and snowboarding. These uses are not available within the Project Area. Within the Humboldt-Toiyabe National Forest, the proposed Project area primarily consists of paved roadway, disturbed road ROW, road-side slopes, and surrounding undeveloped lands dominated by Jeffrey Pine forest. Bureau of Land Management Within the Proposed Project area, one parcel north of Hot Springs Road (Accessor Parcel Number [APN] 002-250-025) is owned and managed by the BLM. This parcel is non-contiguous with other BLM owned land and is approximately 42 acres in size. This parcel is managed by the Carson City District Office which administers 5.3 million acres of federal public lands in 11 ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  15 counties in western Nevada and eastern California. The BLM land in the Project area is administered through the BLM Sierra Front Field Office. The parcel is within a Taylor Grazing Act District Boundary but does not have an active grazing allotment. The mission of the BLM is to sustain the health, diversity, and productivity of public lands for the use and enjoyment of present and future generations (BLM 2019). BLM land managed by the Carson City District Office provides opportunities for hunting, fishing, recreational shooting, mountain biking, and camping. Grover Hot Springs State Park Grover Hot Springs State Park encompasses 553-acres and sits at the western terminus of the Hot Springs Road Project area (CDPR 2019). The State Park is located east of the Sierra Nevada mountain range at the edge of the Great Basin Province. Vegetation within the State Park is primarily open pine forest and sagebrush. Hot Springs Road is used by recreationists and residents to access the State Park and the characteristic hot springs. The State Park is open year- round and offers recreation activities including hiking, biking, camping, fishing, and swimming. Campgrounds at Grover Hot Springs State Park are located more than 500 feet north of the western terminus of the Project. ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  16 Chapter 4 Proposed Use of the Section 4(f) Properties Process for Determining De Minimis Impacts on Section 4(f) Properties A de minimis impact involves the use of Section 4(f) property that is generally minor in nature after taking into account avoidance, minimization, mitigation, and enhancement measures. De minimis impacts on publicly-owned parks, recreation areas, and wildlife and waterfowl refuges are defined as those that do not adversely affect the activities, features, and attributes of the 4(f) resource. A de minimis impact determination requires agency coordination with the officials having jurisdiction over the Section 4(f) property and opportunities for public involvement. A determination of de minimis impact on parks, recreation areas, and wildlife and waterfowl refuges, may be made when all three of the following criteria are satisfied: 1. The transportation use of the Section 4(f) resource, together with any impact avoidance, minimization, and mitigation or enhancement measures incorporated into the Project, does not adversely affect the activities, features, and attributes that qualify the resource for protection under Section 4(f); 2. The public has been afforded an opportunity to review and comment on the effects of the Project on the protected activities, features, and attributes of the Section 4(f) resource; and 3. The official(s) with jurisdiction over the property are informed of USDOT’s intent to make the de minimis impact determination based on their written concurrence that the Project will not adversely affect the activities, features, and attributes that qualify the property for protection under Section 4(f). De minimis impacts on historic sites are those that result in “no adverse effect” or “no historic properties affected” in compliance with Section 106 of the National Historic Preservation Act of 1966 regulations. Proposed Use of Section 4(f) Properties: De Minimis Impacts The following sections describe the de minimis impacts of construction and operation of the Proposed Project on the Section 4(f) properties. Table 3 provides an estimate of acreage temporarily and permanently affected by the proposed project. ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  17 Table 3. Estimated Permanent and Temporary Use of Section 4(f) Properties Land Owner/Manager Permanent Acquisition (Acres) Temporary Occupancy (Acres) BLM Sierra Front Field Office Parcel: APN 002-250-025 0 < 0.1 State Parks: Grover Hot Springs State Park 0 ~ 0.9 USFS: Humboldt-Toiyabe National Forest ~0.4 ~ 0.7 4.2.1 Humboldt-Toiyabe National Forest The proposed Project would result in permanent use of approximately 0.4 acre of road frontage from Humboldt-Toiyabe National Forest to accommodate the new roadside embankments and drainage improvements. The USFS will issue a new road easement that includes all roadway improvements, embankment cuts and fills, and areas around drainage features that are maintained by the County. The project would require the temporary occupancy of approximately 0.7 acre during construction (Table The area needed for temporary use consists of approximately 0.3 acre at the Charity Valley Trailhead parking area for staging and approximately 0.4 acre from various locations along the roadway. Construction Impacts The proposed Project would have short-term temporary alterations to the Humboldt-Toiyabe National Forest from the reconstruction of Hot Springs Road (Table During construction, the proposed Project would require temporary occupancy of portions of the Humboldt-Toiyabe National Forest for equipment access, driveway conforms, and staging along Hot Springs Road. Short-term impacts on forest users would result from temporary changes in access to recreation sites, and increased traffic delays along Hot Springs Road. Hot Springs Road is routinely used by recreationalists to access hiking and bike trails, including the Charity Valley Trailhead on USFS land. Charity Valley Trailhead offers a parking area off Hot Springs Road that may be used for staging equipment and materials during construction. Only a portion of the parking area would be used for staging, and the parking area is large enough to accommodate some recreational users along with Project staging. Hot Springs Road will remain open during construction; one-way traffic control will result in short-term traffic delays for recreation users. Delays will be temporary and of limited duration. These construction-related impacts would not adversely affect the attributes of the Humboldt- Toiyabe National Forest. Operations Impacts The USFS will issue a new road easement that includes all roadway improvements, embankment cuts and fills, and areas around drainage features that are maintained by the County. This totals approximately 0.4 acre of permanent use for the road ROW. The Project would repave and widen the existing roadway to provide paved shoulders and Class 2 or 3 bike lanes, when ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  18 feasible. Widening the road would require removal of trees and shrubs along the road corridor, the creation of additional paved surface, and recontouring slopes adjacent to the roadway. Tree and shrub removal will occur along the roadside to accommodate road widening and will have a minimal impact to overall scenic views along Hot Springs Road. Hot Springs Road is not designated as a scenic road; the Toiyabe National Forest Land and Resource Management Plan (USFS 1986) designates this area as having a visual quality objective of “partial retention”1. Tree removal along the roadway is consistent with County road maintenance policies; the County may be removing trees along Hot Springs Road for fire hazard prevention in the next few years before the road reconstruction project is completed. Removal of these roadside trees would not change the overall visual character of the forest lands and would not affect the recreational attributes and value of the forest property. Within the Humboldt-Toiyabe National Forest, cut slopes (1:1 side slopes on the upslope side and 1.5:1 embankment slopes on the downslope side) will be used to daylight between the new edge of pavement, drainage features, and the existing hillside embankments. Engineered slopes would be revegetated using a native seed mix. Construction of the cut slopes and alteration of existing contours will be performed on USFS land under a temporary construction permit. The addition of engineered slopes is consistent with the USFS management objectives and would not adversely affect the forest attributes and values. The proposed Project will result in long-term benefits to the Humboldt-Toiyabe National Forest. Following completion of the construction process, roadway operations would be improved for recreational users; Hot Springs Road will be widened and bicycle lanes will be added along Hot Springs Road allowing for safer travel for vehicles, bicyclists and pedestrians. The addition of bicycle lanes will allow recreationalists easier access between recreational sites such as the Charity Valley Trailhead and the Town of Markleeville. Given the improvements to vehicle, pedestrian, and recreationalists, long-term use of the Humboldt-Toiyabe National Forest and its nearby recreational features would not be adversely affected by the project. 4.2.2 BLM Sierra Front Field Office Parcel The proposed Project would result in no permanent use of BLM land on parcel APN 002-250- 025 and would require the temporary occupancy of less than 0.1 acre during construction for equipment access and grading of slopes adjacent to the roadway (Table 1 The Toiyabe National Forest Land and Resource Management Plan (USFS 1986) categorizes areas using five visual quality objectives for future desired visual conditions: 1. “Preservation” – where only ecological changes have occurred 2. “Retention” – management practices are not evident to the casual observer 3. “Partial Retention” – management practices are visually subordinate 4. “Modification” – management practices may have dominated the landscape but activities should appear as natural occurrences in the fore- and middle-ground 5. “Maximum Modification” – management practices may have dominated the landscape but activities should appear as natural occurrences in the background ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  19 Construction Impacts The proposed Project would have short-term temporary alterations to BLM land from the reconstruction of Hot Springs Road. One parcel of BLM-owned land is present near the middle of the Project Area. As described for the Humboldt-Toiyabe National Forest in Section 4.2.1.1 above, short-term impacts would occur from increased traffic delays along Hot Springs Road and construction equipment access from the roadway onto the subject parcel. These construction- related impacts would not adversely affect the attributes of these the BLM-owned land. Operations Impacts The proposed Project would not require acquisition of land from the BLM parcel, so no permanent use of BLM land would occur. Within the BLM parcel, cut slopes (1:1 side slopes on the upslope side and 1.5:1 embankment slopes on the downslope side) may be used to daylight between the new edge of pavement, drainage features, and the existing hillside embankments. Engineered slopes would be revegetated using a native seed mix. Construction of the cut slopes and alteration of existing contours will be performed on BLM land under a temporary construction permit. Land ownership will be retained by the BLM upon project completion. The addition of engineered slopes on BLM land would not adversely affect the parcel’s attributes and values. As described in Section 4.2.1.2 for the National Forest, the Project would have a long-term operational benefit to adjacent properties. Hot Springs Road will be widened and bicycle lanes will be added along Hot Springs Road allowing for safer travel for vehicles, bicyclists and pedestrians. Roadway operations would be improved for recreational users, and the project would not have long-term adverse effects on the BLM parcel. The parcel will continue to be used and managed by the BLM as it is today. 4.2.3 Grover Hot Springs State Park The proposed Project would not require the permanent acquisition of State Parks land for road ROW, but would require the temporary occupancy of approximately 0.9 acre during construction for equipment access, driveway conforms, and staging (Table Construction Impacts The proposed Project would have short-term temporary alterations to the Grover Hot Springs State Park from the reconstruction of Hot Springs Road. Short-term impacts would occur from temporary changes in access to the park, increased traffic delays along Hot Springs Road for park users, and noise associated with construction activities. These construction-related impacts would not adversely affect the attributes and value of the Grover Hot Springs State Park. All visitors to the Grover Hot Springs State Park access the park using Hot Springs Road. Hot Springs Road will remain open during construction, but one-way traffic control will result in short-term traffic delays for park users. Construction impacts related to access to recreational sites and traffic delays will be the same as described in section 4.2.1.1. ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  20 Noise associated with short-term construction activities typically occurs intermittently and varies depending upon the nature or phase of construction land clearing, grading, and excavation). Noise generated by construction equipment, including earth movers and material handling equipment, can reach high levels, but diminishes in volume with distance. Campgrounds at Grover Hot Springs State Park are located more than 500 feet north of the western terminus of the Project. Construction will be completed in accordance with the County’s Noise Ordinance, which requires that all construction activities that occur in the close vicinity of residences and that could cause noise disturbance to residences (i.e. expose residences to equivalent continuous sound levels exceeding 65 A-weighted decibels) will be limited to daytime hours of 8:00 a.m. to 6:00 p.m. Monday through Friday, and 9:00 a.m. to 3:00 p.m. on Saturday and Sunday unless conditions warrant that certain construction activities occur during evening or early morning hours extreme heat) (Alpine County 2018). Temporary daytime construction noise may be a nuisance to park users but would not result in a significant impact on campground users. Operations Impacts The proposed Project would not require acquisition of State Parks land. No permanent use of Grover Hot Springs State Park would occur. The proposed Project will result in long-term benefits for Grover Hot Springs State Park. Roadway improvements will allow for safer travel between Grover Hot Springs State Park, other recreational facilities, and the Town of Markleeville. Given the improvements to vehicle, pedestrian, and recreational road users, the Project will benefit the Grover Hot Springs State Park. The Project would not adversely affect the qualities and attributes of Grover Hot Springs State Park. Measures to Minimize Harm to the Section 4(f) Property The following measures would be implemented to minimize harm to Section 4(f) properties.  Traffic Management Plan – Hot Springs Road will remain open during construction; one-way traffic control will result in short-term traffic delays. A traffic management plan will be developed by the Contractor and approved by the County, with input from the local community and State Parks. The traffic management plan will include elements such as one-way traffic controls, haul routes, flag workers, and phasing, to reduce impacts to local residents and recreational visitors and to maintain access for police, fire, and medical services in the area. Temporary pedestrian access will be provided during construction.  Work Hours and Holiday Limits – Construction activities will be limited to daytime hours of 8:00 a.m. to 6:00 p.m. Monday through Friday, and 9:00 a.m. to 3:00 p.m. on Saturday and Sunday unless conditions warrant that certain construction activities occur during evening or early morning hours extreme heat) (Alpine County 2018). No construction activities that require one-way traffic control will occur during holiday ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  21 weekends in peak recreational use season (Memorial Day, Fourth of July, and Labor Day).  Public Outreach and Notification – The County shall notify State Parks, USFS, and BLM of the construction schedule and any road restrictions prior to starting construction. The County or County’s Contractor will post road restrictions at the Grover Hot Springs State Park Ranger Station and Campground. Construction schedule will be posted on Hot springs Road to notify local residents of construction dates for traffic delays.  Restore Temporarily Disturbed Areas - Temporarily disturbed areas will be revegetated with native seeds using a truck with seed sprayer. The County would consult with the California Department of Fish and Wildlife regarding recommendations for the native seed mix used to revegetate these areas. Parking areas used for staging equipment during construction will be restored to pre-project or improved conditions.  Aesthetic Treatment of Retaining Walls – Retaining walls visible from the roadway will be designed using aesthetic treatments, such as rock facades and color variations. The County will solicit input on wall design from local residents, State Parks, and USFS. ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  22 Chapter 5 Other Park, Recreational Facilities, Wildlife Refuges, and Historic Properties Evaluated Relative to the Requirements of Section 4(f) As recommended in the FHWA Section 4(f) checklist, all National Register-eligible historic and archaeological sites within the area of potential effects and all public parks, recreational facilities, and wildlife refuges within approximately a half mile of the Proposed Project were included in the evaluation. This section of the document discusses parks and recreational facilities found near the Project Area that do not trigger Section (4f) protection because the Project does not permanently use the property. One public park is present within a half mile of the Project area. No National Register-eligible historic or archaeological sites were identified as potentially affected Section 4(f) properties (Table 5-1). Table 5-1. Summary of Potentially Affected Section 4(f) Properties Section 4(f) Property Location Current Ownership National Register Status Public Parks, Recreational Facilities, and Wildlife Refuges Markleeville Campground Markleeville USFS N/A; Public Park 5.1.1 Markleeville Campground The Markleeville Campground is located within 0.5 miles east of the Project area in the unincorporated community of Markleeville. The campgrounds are located off Highway 89, provide access to Hot Springs Creek/Markleeville Creek, and offer tent camping, RV camping, picnic tables, and restrooms. The facility is managed by the USFS. The Proposed Project would not result in a Section 4(f) use of the Markleeville campground. The Proposed Project would not permanently nor temporarily incorporate land from these resources into the proposed Project, nor would it result in proximity or constructive use impacts that would substantially impair the recreational resource. Therefore, no “use” would occur and the requirements for protection under Section 4(f) are not triggered. ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  23 Chapter 6 Section 4(f) De Minimis Findings As described in Chapter 4, the proposed Project would require the temporary occupancy of land from the Humboldt-Toiyabe National Forest, BLM, and Grover Hot Springs State Park. Because the temporary occupancy of land on USFS and BLM properties may require grading of cut slopes and resulting in alterations of contours, this temporary occupancy is considered a 4(f) use. This use will not affect the activities, features, and attributes of the Humboldt-Toiyabe National Forest, BLM, and Grover Hot Springs State Park. During construction, inconveniences to recreation users and park visitors (traffic delays, noise) would be of short duration and will have a negligible effect on the recreation activities in these areas. Implementing the measures to minimize harm listed in section 4.3 would further reduce impacts on these recreation properties to a de minimis level. Recreation activities would return to pre-Project conditions and access for pedestrians, bicycle, and vehicular traffic would be improved following completion of the Project. Therefore, Caltrans is proposing a Section 4(f) de minimis finding for impacts to the Humboldt-Toiyabe National Forest, BLM parcel, and Grover Hot Springs State Park. ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  24 Chapter 7 Consultation and Coordination with the Official Jurisdiction Alpine County initiated consultation with the USFS, State Parks, and BLM with regards to the characterization of effects of the project in the context of this Section 4(f) analysis, consistent with 49 USC 303(d)(3)(B). Appendix A includes a log of communications between Alpine County, Alpine County’s engineering and environmental consultants, and the Section 4(f) land managers between 2017 and 2021. Alpine County sent a Preliminary Section 4(f) Resource Analysis coordination letter to USFS, State Parks, and BLM (the officials with jurisdiction) on March 20, 2020. Concurrence letters were received from USFS on January 19, 2021, State Parks on March 1, 2021, and BLM on March 24, 2021 (Appendix ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  25 Chapter 8 References Alpine County. 2017. Alpine County General Plan. Available at: http://alpinecountyca.gov/documentcenter/view/51. Accessed June 10, 2019. . 2018. Alpine County Municipal Code. Available at: 6.html. Accessed September 26, 2018. BLM see Bureau of Land Management. Bureau of Land Management. 2019. U.S. Department of the Interior Bureau of Land Management. Carson City District. Available at: Accessed June 10, 2019. California Department of Parks and Recreation. 2019. Grover Hot Springs State Park website. Available at: Accessed June 10, 2019. CDPR. See California Department of Parks and Recreation. Federal Highway Administration. 2020. FHWA Environmental Review Toolkit: Section 4(f) Tutorial. Available online: Accessed March 18, 2020. U.S. Forest Service. 1986. Toiyabe National Forest Land and Resource Management Plan. Available online: Accessed June 10, 2019. . 2019. Humboldt-Toiyabe National Forest Website. Available at: Accessed June 10, 2019. USFS. See U.S. Forest Service. ---PAGE BREAK--- Section 4(f) De Minimis Finding Hot Springs Road Reconstruction Project  26 Page intentionally blank ---PAGE BREAK--- Appendix A. Communications Log ---PAGE BREAK--- Hot Springs Rd 4f Coordination Log Organization Date of Contact Description Bureau of Land Management, Carson District 3/24/2021 Email from Rachel Crews, BLM, to Aimee Dour‐Smith, Area West Environmental (AWE), with Section 4(f) concurrence letter. Bureau of Land Management, Carson District 3/24/2021 Phone call between Rachel Cross, BLM Assistant Field Manager, and Aimee Dour‐Smith, AWE, regarding the proposed project, environmental compliance for the project, and purpose of the Section 4(f) concurrence letter. Bureau of Land Management, Carson District 3/17/2021 Phone call and email from Aimee Dour‐Smith, AWE, to the BLM Caron City District Office, Sierra Front Field Office, Division of Lands and Realty, re‐transmitting the 3/19/2020 letter and requesting reply. California State Parks 3/1/2021 Email from Daniel Canfield, State Parks, to Aimee Dour‐Smith, AWE, with Section 4(f) concurrence letter. California State Parks 2/9/2021 Email from Aimee Dour‐Smith, AWE, to Daniel Canfield, State Parks, regarding Section 4(f) analysis and environmental review for the project. Aimee transmitted copies of environmental technical studies to Dan for their files. California State Parks 2/4/2021 Telephone call between Daniel Canfield, State Parks, and Mike Sanchez, Quincy Engineering (QEI), regarding project. U.S. Forest Service ‐ Toiyabe National Forest 1/19/2021 Email from Marnie Bonesteel, U.S. Forest Service (USFS), to Mike Sanchez QEI, Jeff Schwein, Alpine County, and Debbie Burkett, Alpine County, with Section 4(f) concurrence letter. U.S. Forest Service ‐ Toiyabe National Forest 1/12/2021 Meeting (video conference) between USFS (Marnie Bonesteel, Matthew Zumstein and Troy Jorgenson), Alpine County (Jeff Schwein) and QEI (Mike Sanchez and Jason Jurrens) re proposed project, road ROW, and construction authorization. U.S. Forest Service ‐ Toiyabe National Forest 1/7/2021 Emails exchanged between Mike Sanchez (QEI) and Marnie Bonesteel (USFS) regarding the project's environmental process, Section 4(f) evaluation, and road ROW. U.S. Forest Service ‐ Toiyabe National Forest 7/9/2020 Email from Aimee Dour‐Smith to Marnie Bonesteel with more information regarding cut slopes; a link to download the Natural Environment Study, Cultural Resources Reports, and Visual Impact Technical Memorandum; and a request for a Section 4(f) concurrence statement. U.S. Forest Service ‐ Toiyabe National Forest 7/8/2020 Email from Marnie Bonesteel USFS to Jeff Schwein, Alpine County Transportation; Aimee Dour‐Smith AWE, and Jason Jurrens requesting more Phase II project details and copies of technical environmental studies U.S. Forest Service ‐ Toiyabe National Forest 5/19/2020 Phone conversation between Marnie Bonesteel USFS and Aimee Dour‐Smith of Area West Environmental U.S. Forest Service ‐ Toiyabe National Forest 5/19/2020 E‐mail sent to Marnie Bonesteel with detailed Project Description, Preliminary Project Plans, and update on NEPA process U.S. Forest Service ‐ Toiyabe National Forest 5/11/2020 Phone conversation between Marnie Bonesteel USFS and Scott Maas, Alpine County Transportation Program Manager U.S. Forest Service ‐ Toiyabe National Forest 3/19/2020 Letter to Marnie Bonesteel of USFS from Brian Peters, Alpine County Community Development Director requesting Section 4(f) concurrence Alpine County - Hot Springs Road Improvement Project Communications Log regarding Section 4(f) lands Page 1 of 3 ---PAGE BREAK--- Hot Springs Rd 4f Coordination Log Organization Date of Contact Description Alpine County - Hot Springs Road Improvement Project Communications Log regarding Section 4(f) lands California State Parks 3/19/2020 Letter to Marilyn Linkem, Sierra District Superintendent/ Grover Hot Springs State Park from Brian Peters, Alpine County Community Development Director requesting Section 4(f) concurrence Bureau of Land Management, Carson District 3/19/2020 Letter to BLM Lands and Realty Program, Carson District/ Sierra Front Field Office, from Brian Peters, Alpine County Community Development Director requesting Section 4(f) concurrence U.S. Forest Service ‐ Toiyabe National Forest 11/8/2018 Brian Peters, Alpine County, emailed notice of availability for the CEQA Initial Study/Mitigated Negative Declaration (IS/MND) and public meeting announcement to Marnie Bonesteel USFS California State Parks 11/8/2018 Brian Peters, Alpine County, emailed notice of availability for the CEQA Initial Study/Mitigated Negative Declaration (IS/MND) and public meeting announcement to Marilyn Linkem State Parks Bureau of Land Management, Carson District 11/8/2018 Brian Peters, Alpine County, emailed notice of availability for the CEQA Initial Study/Mitigated Negative Declaration (IS/MND) and public meeting announcement to BLM Carson District office U.S. Forest Service ‐ Toiyabe National Forest 10/17/2018 Phone conversation between Marnie Bonesteel USFS and Scott Maas, Alpine County, regarding cut slopes versus retaining walls. (Date has been estimated per internal emails) Bureau of Land Management, Carson District 3/16/2018 Phone message to BLM Sierra Field Office in Carson City from Aimee Dour‐Smith regarding contact information for Section 4f) coordination; no reply received U.S. Forest Service ‐ Toiyabe National Forest 2/1/2018 ‐ 2/6/2018 Emails between Kalie Crews USFS District Archaeologist, Marnie Bonesteel USFS Lands Administrator, and Sara Castellanos Cortez of AWE, regarding results of archaeological pedestrian surveys and conformance with ARPA permit post‐survey reporting due to project delay U.S. Forest Service ‐ Toiyabe National Forest 12/12/2017 Emails between Teri Coy USFS and Becky Rozumowicz and Sara Cortez of AWE, regarding an ARPA permit U.S. Forest Service ‐ Toiyabe National Forest 11/13/2017 Email from Corinne Munger, AWE Biologist, to Tim Kellison USFS Botanist regarding special‐status plant species and planned surveys California State Parks 11/13/2017 and 11/17/2017 Emails between Daniel Shaw, State Park Biologist, and Corinne Munger AWE biologist, regarding special‐status species data for Grover Hot Springs SP California State Parks 11/9/2017 ‐ 11/15/2017 Emails between Marilyn Linkem and Daniel Shaw, State Parks, and Sara Cortez, AWE, regarding extension to research and collecting permit. U.S. Forest Service ‐ Toiyabe National Forest 11/2/2017 Email from Marnie Bonesteel USFS to Sara Cortez AWE re: Archaeological Investigation Permit Application (ARPA permit) U.S. Forest Service ‐ Toiyabe National Forest 10/27/2017 Email to Marnie Bonesteel USFS from Sara Cortez AWE re: cultural resources permit, planned technical reports, and field review meeting Page 2 of 3 ---PAGE BREAK--- Hot Springs Rd 4f Coordination Log Organization Date of Contact Description Alpine County - Hot Springs Road Improvement Project Communications Log regarding Section 4(f) lands U.S. Forest Service ‐ Toiyabe National Forest 10/20/2017 Phone call between Marnie Bonesteel USFS and Sara Cortez AWE re cultural resources permits and invite to field review meeting. (est date) U.S. Forest Service ‐ Toiyabe National Forest 10/19/2017 Meeting between Marnie Bonesteel USFS and Brian Peters Alpine County re proposed project (est date) U.S. Forest Service ‐ Toiyabe National Forest 10/18/2017 Email to Marnie Bonesteel USFS from Sara Cortez AWE re: proposed cultural surveys for the Hot Springs Road project California State Parks 10/1/2017 Email from Marilyn Linkem, State Parks, to Sara Cortez, AWE, with approved research and collecting permit for Grover Hot Springs SP. California State Parks 9/28/2017 Email to Daniel Shaw, State Parks Biologist, from Sara Cortez AWE with collecting permit application California State Parks 9/26/2017 Email to Marilyn Linkem, Sierra District Superintendent/ Grover Hot Springs State Park from Corinne Munger AWE, regarding planned field survey dates U.S. Forest Service ‐ Toiyabe National Forest 9/25/2017 Email to Marnie Bonesteel USFS from Sara Cortez AWE re: proposed biological and cultural surveys for the Hot Springs Road project California State Parks 7/31/2017 Email to Marilyn Linkem, State Parks, from Scott Maas, Alpine County, with PowerPoint summary of the proposed project. California State Parks 7/30/2017 Email from Marilyn Linkem, State Parks, to Scott Maas, Alpine County, regarding State Park contacts for environmental study collecting permits California State Parks 7/28/2017 Email to Marilyn Linkem, Sierra District Superintendent/ Grover Hot Springs State Park from Scott Maas, Alpine County, regarding environmental coordination for the project California State Parks 4/12/2017 Phone call and emails between Scott Maas, Alpine County, and Marilyn Linkem, State Parks, regarding Hot Springs Road Project letter of support Page 3 of 3 ---PAGE BREAK--- Appendix B. Section 4(f) Concurrence Letters ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 6 2 4 8 M A I N A V E N U E , S U I T E C • O R A N G E V A L E , C A 9 5 6 6 2 P H O N E ( 9 1 6 ) 9 8 7 - 3 3 6 2 • W E B S I T E : A R E A W E S T . N E T February 9, 2021 Dan Canfield California Department of Parks and Recreation Grover Hot Springs State Park P.O. Box 266 Tahoma CA 95142 Email: [EMAIL REDACTED] Dear Mr. Canfield: The purpose of this letter is to request concurrence that the activities, features, and attributes of the Grover Hot Springs State Park are not adversely affected by the Hot Springs Road Reconstruction Project (Project). The County of Alpine (County), in cooperation with the California Department of Transportation (Caltrans), is proposing to reconstruct Hot Springs Road, improve pavement conditions, and provide paved shoulders for Class 2 and 3 bicycle lanes, where possible, from Laramie Street to the entrance of Grover Hot Springs Park. The purpose of the Project is to increase safety for drivers and bicyclists by providing drivers with a consistent roadway section and a wider area for recovery should they veer out of the travel lane, and providing bicyclists with wider paved shoulders. The Project will also improve road width for emergency responders and evacuating residents and visitors during emergency wildfires). The Project will not require permanent right-of-way from the State Park. However, a temporary construction easement may be needed to provide equipment access, staging, and driveway conforms at the Grover Hot Springs State Park entrance. During construction, Hot Springs Road will experience temporary, intermittent delays during construction, and a portion of the road right-of-way near the Park entrance may be temporarily used for equipment and materials staging. Because the Project may affect recreational users of Grover Hot Springs State Park, which is a recreational property of regional importance, it requires protection under Section 4(f) of the U.S. Department of Transportation (USDOT) Act of 1966. Caltrans and the County prepared documentation in accordance with the Section 4(f) regulation; the enclosed Section 4(f) de minimis finding demonstrates how the Section 4(f) criteria applies and explains how the criteria is met for de minimis. Pursuant to Section 4(f) requirements for de minimis impact determinations, the official(s) with jurisdiction over the subject property must concur in writing with the Section 4(f) de minimis finding that the Project will not adversely affect the activities, features, or attributes that qualify the property for protection under Section 4(f). Please indicate your written concurrence by signing in the signature block provided below and returning this letter to me. Receipt of written concurrence from State Parks will enable us to move forward in the process. ---PAGE BREAK--- - 2 – Your response by March 1, 2021 is much appreciated. If you have any questions or comments, please contact me at (916) 987-3362 or [EMAIL REDACTED]. Sincerely, Aimee Dour-Smith Environmental Project Manager Enclosure: Section 4(f) De minimis Finding report cc: Debbie Burkett, Alpine County Community Development Director Jeff Schwein, Alpine County Engineer and Program Manager Mike Sanchez, Quincy Engineering The California Department of Parks and Recreation, as the property manager of the Grover Hot Springs State Park, concurs with the determination that the Hot Springs Road Reconstruction Project will result in a Section 4(f) de minimis impact on the Grover Hot Springs State Park, as defined in 23 CFR 774.17 and as demonstrated in the finding document presented with this letter. Dan Canfield Date California Department of Parks and Recreation March 1, 2021 ---PAGE BREAK--- ---PAGE BREAK--- RACHEL CREWS Digitally signed by RACHEL CREWS Date: 2021.03.24 15:59:33 -07'00'