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United States Department of the Interior

Bureau of Land Management

Categorical Exclusion

for

Gunnison Gulch Route Gate

Dominguez-Escalante National Conservation Area

2815 H Road

Grand Junction, Colorado 81506

DOI-BLM-CO-S090-2018-0002-CX

August 2018
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The Bureau of Land Management is responsible for the stewardship of our public lands. It is committed to 

manage, protect, and improve these lands in a manner to serve the needs of the American people for all 

times. Management is based on the principles of multiple-use and sustained yield of our nation’s 

resources within a framework of environmental responsibility and scientific technology. These resources 

include recreation, rangelands, timber, minerals, watershed, fish and wildlife, wilderness, air, and scenic, 

scientific, and cultural values.
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INTRODUCTION:

BLM law enforcement has reported numerous boundary violations in which off-highway 

vehicles (OHV) have entered Dominguez Canyon Wilderness Area along the Historic Pack Trail 

of the Gunnison in Dominguez-Escalante National Conservation Area. Motorized vehicles are 

prohibited in federally designated wilderness under section 4(c) of the Wilderness Act (16 U.S.C. 

1131-1136). The use of motor vehicles in wilderness diminishes the wilderness qualities of the 

undeveloped nature of wilderness, and opportunities for solitude. The 2017 DominguezEscalante National Conservation Area (D-E NCA) Resource Management Plan directs the BLM 

to preserve, protect, or enhance the qualities of wilderness character in the Dominguez Canyon 

Wilderness (WIL-GOAL-01).

This project would improve wilderness character in Dominguez Canyon Wilderness by 

restricting motorized access along a former motorized route, Route ID DE-576. The route is

designated as open for administrative use, and open to foot and horse travel on the 2017

Dominguez-Escalante Approved Travel Management Plan (TMP). The route intersects with the 

Historic Route of the Gunnison Pack Trail, a hiking trail in the wilderness with a primary 

objective of providing recreation experience using propulsion by foot and/or stock animal. 

Ongoing monitoring has shown evidence of OHV use extending into the wilderness to points up 

to seven miles towards the Gunnison River.

LEGAL DESCRIPTION:

New Mexico PM, T. 51 N., R. 14 W., sec. 10, E1⁄2 

APPLICANT: 

Bureau of Land Management

DESCRIPTION OF PROPOSED ACTION: 

The Proposed Action is to install a gate along route DE-576 in D-E NCA (designated as 

administrative use, open to foot and horse travel) to prevent the passage of motor vehicles into 

Dominguez Canyon Wilderness. The gate will be located at approximately 38.69506 N x 

108.4175 W (see Figure 1), in a location where existing topography can prevent motorists from 

circumventing along the sides of the route. The gate would include a pass through to allow for 

foot and horse travel. All permittees that have historically used this route for livestock grazing 

operations will still have access both by horseback and motorized means. Wing fencing would

be installed extending from the gate perpendicular to the route for up to 30 feet to the southeast 

(towards the Wilderness boundary), and up to 100 feet to the northwest. Existing downed 

vegetation would be placed along the periphery of DE-570 to prevent motorized vehicles from 

traveling cross-country to access the route (see map below for route locations). 
Figure 1. Locator map
Figure 2. Proposed gate location along route DE576

PLAN CONFORMANCE REVIEW: 

The Proposed Action is subject to and has been reviewed for conformance with (43 CFR 

§1610.5, BLM §1617.3) the following plan: 

Name of Plan: Dominguez-Escalante National Conservation Area Resource 

Management Plan

Date Approved: January, 2017

Decision Number/Page: TRV-OBJ-01/page 68, TRV-MA-01/page 68, and WIL-GOAL01/page 76.

Decision Language: 

TRV-OBJ-01: Manage the D-E NCA’s route system to meet objectives for the purposes 

of the D-E NCA (including recreation), while allowing continued use of the D-E NCA 

for livestock grazing, land authorizations and access to non-Federal property.
TRV-MA-01: Designate the Dominguez Canyon Wilderness as closed to off-highway 

vehicle (OHV) use.

WIL-GOAL-01: Preserve, protect, or enhance the qualities of wilderness character in the 

Dominguez Canyon Wilderness.

CATEGORICAL EXCLUSION REVIEW: 

The proposed action qualifies as a categorical exclusion under H-1790-1, Appendix 4, Letter G. 

Transportation, and Number 2. When no extraordinary circumstances apply, the following types 

of Bureau actions normally do not require the preparation of an Environmental Assessment or 

Environmental Impact Statement: “Installation of routine signs, markers, culverts, ditches, 

waterbars, gates, or cattleguards on/or adjacent to roads and trails identified in any land use or 

transportation plan, or eligible for incorporation in such plan.”

EXTRAORDINARY CIRCUMSTANCES

There are no extraordinary circumstances having effects, which may significantly affect the 

environment. I considered the following resource conditions in determining whether 

extraordinary circumstances related to the proposed action warranted further analysis and 

documentation in an EA or EIS (516 DM 2, Appendix 2):

 

1. Have significant adverse effects on public health and safety. 

The proposed action is not expected to impact public health and safety because it 

involves installing a gate along a route that not open to motorized use, and would 

prevent the use of motor vehicles in areas where motor vehicles are prohibited.

2. Have adverse effects on such natural resources and unique geographic 

characteristics as historic or cultural resources; park, recreation, or refuge lands; 

wilderness areas; wild or scenic rivers; national natural landmarks; sole or 

principal drinking water aquifers; prime farmlands; wetlands, floodplains; 

national monuments; migratory birds; and other ecologically significant or 

critical areas.

Historic and Cultural Resources: A cultural resource inventory has been completed for 

the gate location to comply with Section 106 of the Nation Historic Preservation Act. 

No cultural resources were located within the project area. 

Wilderness Characteristics: The areas was inventoried for wilderness characteristics as 

part of the 2012 Dominguez-Escalante National Conservation Area Updated Inventory 

of Lands with Wilderness Characteristics. The report concludes that the area of the 

Proposed Action does not contain wilderness characteristics. 

Migratory Birds: Construction of the fence will be completed outside of May 15 to 

July 15 to mitigate potential impacts to nesting migratory birds.
Wildlife: This project is in bighorn sheep, elk, and mule deer habitat but the relatively 

small nature of the barrier (up to 130 feet) is not expected to significantly hinder the 

movement of wildlife.

3. Have highly controversial environmental effects or involve unresolved conflicts 

concerning alternative uses of available resources.

The impacts from installing gates along routes are generally well known and not likely 

to be controversial.

4. Have highly uncertain and potentially significant environmental effects or 

involve unique or unknown environmental risks.

The proposed gate that is similar to many existing gates in the region and pose no 

unique or unknown risks.

5. Establish a precedent for future action or represent a decision in principle about 

future actions with potentially significant environmental effects.

This decision is like one of many that have previously been made and will continue to 

be made by BLM responsible officials regarding installing gates on public lands. The 

decision is within the scope of the Resource Management Plan, and is not expected to 

establish a precedent for future actions. The decision does not represent a decision in 

principle about a future consideration. 

6. Be directly related to other actions with individually insignificant but 

cumulatively significant environmental effects.

This is a stand-alone project. There are no projects with significant environmental 

impacts known to BLM that would result directly or indirectly from the installation of 

this gate.

7. Have adverse effects on properties listed, or eligible for listing, in the National 

Register of Historic Places.

No historic properties are located within the project area.

8. Have adverse effects on species listed, or proposed to be listed, on the List of 

Endangered or Threatened Species, or have adverse effects on designated 

Critical Habitat for these species.

There are no listed or proposed species, or critical habitat that overlap with this 

project.

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9. Have the potential to violate a Federal law, or a State, local or tribal law or 

requirement imposed for the protection of the environment.

This decision complies with other Federal, State, or local laws and requirements 

imposed for the protection of the environment.
10. Have the potential for a disproportionately high and adverse effect on low income 

or minority populations.

The City of Delta is the closest municipality to the proposed project area. According 

to American Community Survey data, median household income in Delta County is 

$42,011, which is 67% of the statewide median. Although the relative income of 

Delta County residents is lower than the statewide average, the proposed project is 

ambiguous to any specific income profile, and would not have an adverse effect on 

low-income populations.

Minority populations of Delta, Mesa, and Montrose Counties are low relative to 

statewide averages, and these populations are dispersed throughout these counties. 

Therefore, minority populations would not suffer disproportionately because of the 

Proposed Action. 

11. Restrict access to and ceremonial use of Indian sacred sites by Indian religious 

practitioners or adversely affect the physical integrity of such sacred sites.

The proposed action would not restrict access and ceremonial use of sacred sites for 

American Indian practitioners. There are no known sacred sites present in the 

proposed area.

12. Significantly, contribute to the introduction, continued existence, or spread of 

noxious weeds or non-native invasive species known to occur in the area or 

actions that may promote the introduction, growth, or expansion of the range of 

such species.

BLM does not expect this project to contribute to invasive species infestation.
INTERDISCIPLINARY REVIEW:

Name Title Area of Responsibility_______

Alissa LeavittReynolds

Matt Heinritz

Archaeologist

Park Ranger

Cultural Resources, Native 

American Religious Concerns

Dan Ben-Horin National Conservation Lands

Specialist

Wilderness, Wild & Scenic 

Rivers, WSA, NHT, VRM, 

Wilderness Characteristics 

Nikki Hoffman 

(NCA)

Wildlife Biologist T&E Species, Migratory Bird 

Treaty Act, Terrestrial & Aquatic 

Wildlife, Land Health 

Assessment, Special Status 

Plants, Riparian and Wetlands

Lynae Rogers Rangeland Management 

Specialist

Range

Jedd Sondergard Hydrologist NEPA Coordination

NAME OF PREPARER: Dan Ben-Horin

NAME OF ENVIRONMENTAL COORDINATOR: Jedd Sondergard

DATE: 
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UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA

DECISION DOCUMENT

GUNNISON GULCH ROUTE GATE

DOI-BLM-CO-S090-2018-0002-CX

INTRODUCTION

In order to prevent motor vehicle use in Dominguez Canyon Wilderness, the Bureau of Land 

Management would like to install a gate near the wilderness boundary along a hiking and 

equestrian route in Dominguez-Escalante National Conservation Area.

DECISION: 

I have reviewed this document and have decided to implement the Gunnison Gulch Route Gate

as described above in the Proposed Action. This project is categorically excluded from 

documentation in an EA or EIS under H-1790-1, Appendix 4, Letter G. Transportation, and 

Number 2. 

RATIONALE: 

This action is listed in the National Environmental Policy Act Handbook as an action that may be 

categorically excluded. I have evaluated the action relative to the 12 criteria listed above and 

have determined that no extraordinary circumstances exist.

This project would restrict motorized access into Dominguez Canyon Wilderness, thus 

improving wilderness character. The route identified for the placement of the gate is designated 

as open for administrative use, open to foot, horse travel on the 2017 Dominguez-Escalante 

Approved Travel Management Plan (TMP), and intersects with the Historic Route of the 

Gunnison Pack Trail, a hiking trail in the wilderness with a primary objective of providing 

recreation experience using propulsion by foot and/or stock animal.

PUBLIC INVOLVEMENT: 

Internal scoping for the project included discussion of the project with BLM DominguezEscalante NCA staff and presentation at a BLM Uncompahgre Field Office interdisciplinary 

meeting (IDT).

PLAN CONSISTENCY: 

Based on information in the CX, the project record, and recommendations from BLM specialists, I 

conclude that this decision is consistent with the 2017 Dominguez-Escalante Resource 

Management Plan, the Endangered Species Act, the Native American Religious Freedom Act, other 

cultural resource management laws and regulations, the Migratory Bird Treaty Act, the Clean Water 

Act, the Clean Air Act, the National Historic Preservation Act, Executive Order 12898 regarding 
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Environmental Justice, and Executive Order 13212 regarding potential adverse impacts to energy 

development, production, supply and/or distribution. 

ADMINISTRATIVE REMEDIES: 

Administrative remedies may be available to those who believe they will be adversely affected by 

this decision. Appeals may be made to the Office of Hearings and Appeals, Office of the Secretary, 

U.S. Department of Interior, Board of Land Appeals (Board) in strict compliance with the regulations 

in 43 CFR Part 4. Notices of appeal must be filed in this office within 30 days after publication of 

this decision. If a notice of appeal does not include a statement of reasons, such statement must be 

filed with this office and the Board within 30 days after the notice of appeal is filed. The notice of 

appeal and any statement of reasons, written arguments, or briefs must also be served upon the 

Regional Solicitor, Rocky Mountain Region, 755 Parfet Street, Suite 151, Lakewood, Colorado 

80215. 

National Conservation Area Manager 

Dominguez-facalante National 

Conservation Area 

Date