Attachment_8_-_PPNM_Stabilization_-_Appendix_G.pdf

APPENDIX G:

DECISION RECORD: POMPEYS PILLAR NATIONAL

MONUMENT STABILIZATION

Pompeys Pillar National Monument Stabilization

DOI-BLM-MT-C010-2022-0002-EA

February 2022 Pompeys Pillar National Monument

3039 US Highway 312 Pompeys Pillar, MT 59064

Decision Record

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Decision It is my decision to select Alternative A as analyzed in the Environmental Assessment (EA) DOI-BLM-MT-C010-2022-0002-EA for the stabilization of Pompeys Pillar National Monument. This selected alternative means initiation of the following remedial measures:

Scaling Foliage Removal Top of Sandstone Drainage Control Shale and Siltstone Stabilization Buttressing at Signature Block Rock Bolting at Signature Block 1a Underpinning at Turtle Rock Rock Bolting at Turtle Rock

Authorities The project is in conformance with the following authorities:

Federal Land Policy and Management Act of 1976 (43 U.S.C. §§ 1701-1782, P.L.

94-579, October 21, 1976, as amended 1978, 1984, 1986, 1988, 1990-1992, 1994 and 1996)

National Historic Preservation Act (54 U.S.C. 300101 et seq.)

Federal Lands Recreation and Enhancement Act of 2004 (REA), P.L. 108-447 (16

U.S.C. § 6804.)

National Historic Landmarks Program of 1983 (54 USC 302102 et seq.)

Rationale for Decision Alternative A was selected as it represents the best method for stabilizing the site and maintaining public safety. Through the project’s design features, these remedial measures included in the selected alternative do well to minimized adverse impacts to the analyzed resources. The selected alternative is in compliance with the 2015 Billings Field Office and Pompeys Pillar National Monument Approved Resource Management Plan (ARMP).

The project went through two separate public participation periods. First, the project was publicly scoped from November 1 through November 30, 2021. The project proposal was made available on BLM’s ePlanning site. State, federal, tribal, and organizations with an interest in the Pillar were made aware of this posting. During public scoping of the project BLM received two letters of support; one letter from the National Parks Service which oversees the National Historic Landmark program and one letter from Montana Department of Fish, Wildlife, and Parks.

Next, the preliminary version of the EA was posted on the ePlanning site for public comment from February 2 through February 15, 2022. No substantive comments were received during this time. Like with Public Scoping, federal, state, tribal, and

Page | 2 organizations with an interest in the Pillar were contacted alerting them of the availability of the preliminary EA and unsigned FONSI for review and comment. Additionally, a Facebook post was created alerting the public to do the same. All parties were directed to the BLM’s ePlanning site to formally submit their comments via the site’s “Participate Now” feature. Two non-substantive comments were received in total during this open period; one in general support of addressing stabilization of the Pillar and the other in support of letting natural degradation continue.

During this comment period, various news organizations picked up on the project and conducted interviews with BLM management, thus further publicizing the proposed work being analyzed for the Pillar. The Billings Gazette and Q2 News interviewed both John Reffit, Monument Manager for Pompeys Pillar, and Dave Lefevre, Billings Field Manager, on separate occasions before the close of the comment period. The resulting news stories were published and televised to the public.

Alternatives Considered The analysis considered three alternatives: No Action Alternative, Alternative A, and Alternative B. The selected alternative, Alternative A, is discussed above. The No Action Alternative examined the impacts from allowing the natural degradation of the site to continue. Under the applicable ARMP’s Management Decision PPNM-1, it has been decided that the BLM will protect the historical and cultural objects for which the site was designated a National Monument. Allowing degradation – though natural – may run afoul of this decision. Furthermore, this alternative would not meet the purpose and need of the action which included goals of stabilizing the formation, preventing further degradation, protecting the public, and allowing continued enjoyment of the site.

Alternative B was much like Alternative A but considered a few different remedial measures. Instead of Shale and Siltstone Stabilization, Alternative B analyzed Shale and Siltstone Environmental Protection, and instead of Buttressing at Signature Block, Alternative B analyzed Rock Bolting at Signature Blocks 2a, 2b, and 2c. Each of these changes for Alternative B were analyzed in the event the preferred method of stabilization analyzed in Alternative A were unachievable due to unfavorable on the ground conditions.

Terms and Conditions/Stipulations The project includes many design features with will reduce or eliminate adverse impacts to resources of concern. Ones especially noted in the analysis are as follows:

There would be times when all or parts of the monument would be closed to public access for reasons such as public safety or the need to utilize normally publicly accessible places solely for construction purposes.

All site design elements shall be integrated with the surrounding landscape by engaging in such measures that minimize the profile of any structures, blends in with the surrounding environment, and maintains the character of the site.

All rock surfaces shall be protected against permanent, unintended damage during

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BLM archaeologist would review and approve operations near significant historical markings as necessary in order to ensure there are no impacts to those resources. Site monitoring would be enacted as necessary.

Measures shall be taken to prevent over spraying of shotcrete, concrete, or other such stabilization or preservation materials in any phase of construction in order to avoid adverse impacts to historical signatures and the natural look of the remedial work.

All drilling will include dust abatement measures and shall commence at a speed and/or force that is unlikely to create vibrations that could damage the Pillar.

Staging areas, except the main construction and crane staging area, will be used in its current state and will not have vegetation removed prior to use.

All staging areas, except the main construction and crane staging area, are for daily use for equipment and material. The contractors shall removal all equipment and materials from the work areas at the end of each day.

All drainage features will be designed in such a way as to avoid erosion impacts.

Effects to nesting owls would be mitigated by avoiding construction activities on Turtle Rock and the west/northwest side of the Pillar from February 1 through June 30.

Effects to current year breeding and nesting migratory birds would be mitigated by avoiding construction activities from April 15 through July 15.

Mowing of the Main Construction Staging Area prior to and frequently throughout the breeding and nesting season for migratory birds up until its use would be implemented in order to reduce suitable nesting habitat and reduce the likelihood of birds attempting to nest at these high use sites.

All construction activities will be required to implement the Billings Field Office Approved Resource Management Plan (ARMP) Best Management Practices (BMPs) (noteworthy elements can be found in Appendix G)

Compliance and Monitoring A BLM archaeologist would review and approve all operations near significant historical markings. If the archaeologist then determines that monitoring is necessary, then a plan would be enacted as needed.

The site itself will continue to be monitored under the Trigger Action Response Plan (TARP). The TARP sets out predetermined courses of action if defined visual observations or monitoring thresholds are exceeded. See Appendix E of the EA for a full description of the plan. The Draft TARP and all associated rock block monitoring system pieces will remain in place both during and post construction. Once construction is complete, a finalized TARP will be implemented taking into account the changes made to the Pillar from implementation of this project.

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Appeal of the Decision The decision may be appealed to the Interior Board of Land Appeals, Office of the Secretary, in accordance with the regulations contained in 43 CFR Part 4. Public notification of this decision will be considered to have occurred on (Include the date that Decision was signed). Within 30 days of this decision, a notice of appeal must be filed in the office of the authorized officer at (address of the authorized officer). If a statement of reasons for the appeal is not included with the notice, it must be filed with the Interior Board of Land Appeals, Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy St., Suite 300, Arlington, VA 22203 within 30 days after the notice of appeal is filed with the authorized officer.

If you wish to file a petition for stay pursuant to 43 CFR Part 4.21(b) (or cite applicable programmatic rules for petition for stay), the petition for stay should accompany your notice of appeal and shall show sufficient justification based on the following standards:

1. The relative harm to the parties if the stay is granted or denied,

2. The likelihood of the appellant’s success on the merits,

3. The likelihood of irreparable harm to the appellant or resources if the stay is not granted, and

4. Whether the public interest favors granting the stay.

If a petition for stay is submitted with the notice of appeal, a copy of the notice of appeal and petition for stay must be served on each party named in the decision from which the appeal is taken, and with the IBLA at the same time it is filed with the authorized officer.

A copy of the notice of appeal, any statement of reasons and all pertinent documents must be served on each adverse party named in the decision from which the appeal is taken and on the Office of the Field Solicitor, U.S. Department of the Interior, 2021 Fourth Avenue North, Suite 112, Billings, Montana 59101, not later than 15 days after filing the document with the authorized officer and/or IBLA.

John Reffit Date Monument Manager Pompeys Pillar National Monument