DECISION MEMO LODA LAKE WILDFLOWER SANCTUARY IMPROVEMENT PROJECT

Transcription

1 DECISION MEMO LODA LAKE WILDFLOWER SANCTUARY IMPROVEMENT PROJECT USDA-Forest Service, Eastern Region Huron-Manistee National Forests, Baldwin Ranger District Newaygo County, Michigan I. DECISION A. Location, Setting, and Background Loda Lake Wildflower Sanctuary, a 72-acre contiguous block of National Forest System lands, is located in north central Newaygo County, Michigan, approximately 6 miles north of White Cloud and 60 miles north of Grand Rapids. The site is located in T14N, R13W (Lincoln Township) in the NE¼ of Section 2 and T15N, R13W (Merrill Township) in the SE¼ of Section 35. See Appendix A, Vicinity Map. Established on December 15, 1949, Loda Lake is the only designated wildflower sanctuary in the National Forest System. The designation came out of the efforts of the Federated Garden Clubs of Michigan (today Michigan Garden Clubs) and the Forest Service to provide protection for dwindling native wildflowers. A strong partnership between the Agency and MGC continues today actively working together to manage, maintain, publicize, and identify opportunities for improvements to the area. Loda Lake is an area with a complex and detailed cultural history and an area of noted botanical and natural resource diversity. It provides a unique setting for outdoor education and recreation activities in the Manistee National Forest. The 72-acre sanctuary borders the northern, eastern and southern edges of the spring-fed Loda Lake. The site currently consists of a picnic area with tables and grills, a parking area, an outhouse, an unimproved boat launch, a pollinator garden, a cultural trail, and a self-guided wildflower hiking trail. A third trail, Birch Grove, connects Loda Lake to the North Country National Scenic Hiking Trail. In addition to the study of wildflowers, other activities at the site include bird watching, environmental education studies, a cultural history tour, nature photography, hiking, boating, cross country skiing, picnicking, fishing, and hunting. Access to the site is a one-lane, winding road that traverses a fairly steep slope to the parking area. Traffic is two-way but the road is not wide enough for two vehicles to pass. If two vehicles meet, someone has to back up on a sloped, curved road, creating a hazardous situation and the potential for an accident. The parking lot at the top of the entrance road is small and its perimeter is defined by large barrier posts that are difficult to see when backing up. The area is tight and it is difficult for school buses to turn around if other cars are already parked at the site. Currently the parking area accommodates about 9 vehicles at a maximum. Facilities at the site include a toilet and picnic area. The toilet is a vintage wooden building that is not handicap accessible and the last of its kind on the District. Its current location is less than desirable as it sits at the intersection of several trails and at the entrance to the picnic area. The trail to the toilet is across uneven ground. The picnic area includes Decision Memo Loda Lake Improvement Project Page 1 of 7

2 tables and grills and is open to the weather. Lack of shelter limits the use of Loda Lake for environmental and educational activities to days when inclement weather is not forecasted. B. Purpose and Need for the Proposed Action The purpose of the project is to implement the actions from the Loda Lake Wildflower Sanctuary Management Plan and to continue the improvements for educational outdoor learning and recreational experiences begun in 2006 by Michigan Garden Clubs and the Forest Service. The improvements will allow us and our partners to showcase the area as a destination for educational outdoor learning and recreation for residents and visitors to northern Newaygo County. The proposed project will: 1. Enhance recreational and educational opportunities; 2. Decrease parking congestion during peak seasons; 3. Improve accessibility for all users; 4. Address deferred maintenance. C. Description of Decision 1. Improve vehicle access to the picnic area and hiking trails through the construction of a graded, crushed concrete, one-way drive. Improved traffic flow will reduce the potential for accidents and reduce congestion when large groups are using the site. 2. Develop parking along the drive to accommodate buses and up to 12 cars, including a designated handicap parking space, to decrease congestion and improve access to the site for larger groups, such as classrooms. 3. Enhance opportunities for educational activities and use of Loda Lake for outdoor learning activities through the installation of an open, handicap accessible pavilion within the existing picnic area that will provide shelter during inclement weather. 4. Install a precast concrete, handicap accessible toilet and a sidewalk located next to the drive to address deferred maintenance at the site and improve access for all users. It is estimated that the project will require approximately 4 months to complete. Construction will occur between June and September. The improvements will be funded by the Michigan Garden Clubs (MGC), the Fremont Area Community Foundation (FACF), and the Forest Service. A Proposed Action Analysis was completed by the District in April 2013 and has been made part of the project file. Results of that review indicated there are no Cultural resources, Threatened or Endangered species, or sensitive areas that will be impacted by this decision. The proposed improvements to the facilities are consistent with the 2006 Huron-Manistee National Forest Plan which indicates that management direction for the site is established in the Management Plan for the Loda Lake Wildflower Sanctuary, USDA-Forest Service, Manistee National Forest, The proposed improvements are also consistent with the HMNF s Recreation Facility Analysis (2008) which identified Loda Lake as a Signature Recreation Site. Decision Memo Loda Lake Improvement Project Page 2 of 7

3 II. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION Decisions may be categorically excluded from documentation in an environmental impact statement or environmental assessment when: 1. They are within one of the categories identified by the U.S. Department of Agriculture in 7 CFR Part 1b.3 or; 2. They are within one of the categories identified in 36 CFR 220.6(d) or (e) and; 3. There are no extraordinary circumstances related to the proposed action. A. Category of Exclusion This project is within Category 5 of 36 CFR 220.6(d) Repair and maintenance of recreation sites and facilities. B. Relationship to Extraordinary Circumstances Threatened and Endangered Species or Their Critical Habitat The Endangered Species Act requires that federal activities do not jeopardize the continued existence of any species federally listed or proposed as threatened or endangered, or result in adverse modification to such species designated critical habitat. Wildlife and botanical surveys were completed and a Biological Assessment/Evaluation (BA/BE) was prepared by the District Biologist and Botanist. It was determined that there are no ETS species or designated critical habitat that would be negatively impacted by the implementation of the Loda Lake Improvement Project. The results are documented in the BA/BE and are summarized below: - There is no documented use by Karner blue butterflies (KBB) within the Project Area (Michigan Natural Features Inventory (MNFI)). Although suitable habitat occurs within the Project Area, no effects are expected upon KBB or its habitat as the Project Area is not within dispersal distance of an occupied KBB site and no management activities will occur within the interior of the Wildflower Sanctuary. - The Project Area is outside the Tippy Management Zone (swarming habitat) for the Indiana bat and would not impact swarming habitat (Biological Opinion (BO) June 12, 2003). - The Project Area is outside the potential breeding range of the Indiana bat (BO). - No effects are expected upon species on the Regional Forester Sensitive Species (RFSS) Animal or Plant lists. RFSS plants which are present on the site are located in areas outside the Project Area. Based on the analysis of effects on proposed, endangered, threatened, and Regional Forester s Sensitive Species and critical habitat listed under the ESA, it is determined that the project will have no effect on the Indiana bat or Karner blue butterfly, or any other threatened or endangered species. No threatened or endangered plants occur within the Project Area. There would be no impacts to RFSS plants or animals. Decision Memo Loda Lake Improvement Project Page 3 of 7

4 Floodplains, Wetlands or Municipal Watersheds Floodplains - Executive Order is to avoid adverse impacts associated with the occupancy and modification of floodplains. Floodplains are defined by this order as, the lowland and relatively flat areas adjoining inland and coastal waters including flood prone areas of offshore islands, including at a minimum, that area subject to a one percent or greater chance of flooding in any one year. Loda Lake is not located in a floodplain. This has been validated by map and site-review (U.S. Fish & Wildlife Service, Wetlands Geodatabase, data/index. html). Wetlands The primary purpose of Executive Order is to avoid adverse impacts associated with destruction or modification of wetlands. Wetlands are defined by this order as, areas inundated by surface or ground water with a frequency sufficient to support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. There are freshwater emergent and forested/shrub wetlands adjacent to Loda Lake. However, none of the improvement activities take place within or adjacent to these areas. This has been validated by map and site-review (U.S. Fish & Wildlife Service, Wetlands Geodatabase, data/index. html). Municipal Watersheds Municipal watersheds are designated by Congress and managed under multiple use prescriptions in forest plans. There are no municipal watersheds within the Huron-Manistee National Forests. Native American Religious or Cultural Site, Archaeological Sites or Historic Properties or Areas - Section 106 of the National Historic Preservation Act requires federal agencies to take into account the effect of a project on any district, site, building, structure, or object that is included in, or eligible for inclusion in the National Register. Section 106 of the National Historic Preservation Act also requires federal agencies to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. The Archaeological Resources Protection Act covers the discovery and protection of historic properties (prehistoric and historic) that are excavated or discovered in federal lands. It affords lawful protection of archaeological resources and sites that are on public and Indian lands. The Native American Graves Protection and Repatriation Act cover the discovery and protection of Native American human remains and objects that are excavated or discovered in federal lands. It encourages avoidance of archaeological sites that contain burials or portions of sites that contain graves through in situ preservation, but may encompass other actions to preserve these remains and items. This decision complies with the above cited Acts. Surveys were conducted for Native American religious or cultural sites, archaeological sites, and historic properties or areas Decision Memo Loda Lake Improvement Project Page 4 of 7

5 that may be affected by this decision. A no historic properties affected determination has been made. Appropriate consultation with the Forest Archeologist, State Historic Preservation Officer, and tribal government was completed. Congressionally Designated Areas Wilderness - The only Wilderness Area within the Huron-Manistee National Forests is Nordhouse Dunes and the proposed action does not take place in or adjacent to the Wilderness Area. This decision does not affect Wilderness. Wilderness Study Areas - There are no Wilderness Study Areas on the Forests. This decision will not affect Wilderness Study Areas. National Recreation Areas - There are no National Recreation Areas on the Forests. This decision will not affect National Recreation Areas. Wild & Scenic Rivers The project area is not near the Pere Marquette National Scenic River. This decision will not affect Wild and Scenic Rivers. Inventoried Roadless Areas The National Forest System land is not in or near the Bear Swamp Roadless Area. This decision will not affect inventoried roadless areas. Research Natural Areas There are no Research Natural Areas (RNA) in the decision area. This decision will not affect RNA s. No other extraordinary circumstances related to this decision were identified. III. PUBLIC INVOLVEMENT This project has been listed on the Schedule of Proposed Actions and the Forest s website since January, Pursuant to the case of Sequoia Forestkeeper v. Tidwell, a 30-day comment and notice letter was mailed to persons and organizations on the Forest s and District s scoping lists on March 8, 2013 and a legal notice was published in the Lake County Star on March 14, One comment in support of the project was received. A copy of the letter, a list of contacted parties, and comments received can be found in the Loda Lake Project File. Decision Memo Loda Lake Improvement Project Page 5 of 7

6 IV. 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 laws below: Environmental Justice (EO12898) This Order requires consideration of whether projects would disproportionately impact minority or low-income populations. This decision complies with this Act. Public involvement occurred for this project, the results of which I have considered in the 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. National Environmental Policy Act This Act requires public involvement and consideration of potential environmental effects. The entirety of documentation for this decision supports compliance with this Act. V. ADMINISTRATIVE REVIEW AND APPEAL A recent court ruling (Sequoia Forestkeeper v. Tidwell) requires that a notice, comment, and appeal opportunity be provided for all projects and activities implementing land and resource management plans that are documented in a decision memo. This decision is not subject to appeal in accordance with 36 CFR 215 as only one comment in support of the project was received during the comment and notice period. VI. IMPLEMENTATION DATE This decision may be implemented immediately. VII. CONTACT PERSON Further information about this decision can be obtained from Diane Walker at the Baldwin District Office, Baldwin, Michigan; Telephone: (231) ; TTY/TDD: (231) ; FAX: (231) ; dtwalker@fs.fed.us. VIII. SIGNATURE AND DATE I have concluded that this decision qualifies for categorical exclusion from documentation in an environmental impact statement or environmental assessment as identified in 36 CFR 220.6(d) (5) Repair and maintenance of recreation sites and facilities. It is my finding that there are no extraordinary circumstances which may result in significant individual or cumulative effects on the quality of the human environment. The proposed improvements at the Loda Lake Wildflower Sanctuary are consistent with the 2006 Huron-Manistee National Forest Plan which indicates that management direction for Decision Memo Loda Lake Improvement Project Page 6 of 7

7 the site is established in the Management Plan for the Loda Lake Wildflower Sanctuary, USDA-Forest Service, Manistee National Forest, My conclusions are based on information presented in this document and the entirety of the Project Record. /s/ Leslie Russell LESLIE E. RUSSELL, District Ranger Dated: _5/8/2013 Non-Discrimination Policy The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.) To File a Program Complaint If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form (PDF), found online at or at any USDA office, or call (866) to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C , by fax (202) or at program.intake@usda.gov. Persons With Disabilities Individuals who are deaf, hard of hearing or have speech disabilities and you wish to file either an EEO or program complaint please contact USDA through the Federal Relay Service at (800) or (800) (in Spanish). Persons with disabilities who wish to file a program complaint, please see information above on how to contact us by mail directly or by . If you require alternative means of communication for program information (e.g., Braille, large print, audiotape, etc.) please contact USDA's TARGET Center at (202) (voice and TDD). Decision Memo Loda Lake Improvement Project Page 7 of 7