Draft Decision Memo OHV Trails 22 and 42 Reroute Project

Transcription

1 Draft Decision Memo OHV Trails 22 and 42 Reroute Project USDA Forest Service McKenzie River Ranger District Willamette National Forest Linn County, OR T13S, R7E, Sections 25 and 34 Willamette Meridian Proposed Action The McKenzie River Ranger District is proposing to reroute approximately 0.2 miles of the 22 Trail and 0.3 miles of the 42 Trail at the Santiam Pass Off-Highway Vehicle (OHV) Area. Both the 22 and 42 Trails are Class III OHV four wheel drive trails. The construction would be done with primarily native materials onsite or imported materials when needed for stabilization and occasional grading. This project will require cutting trees (less than 12 inches diameter) in the proposed trail prism (72 inches-96 inches) and disturbing the ground via tread construction (96 inches wide). Where the trail is rebuilt, the old trail will be decommissioned using a series of check dams which will slow erosion and allow sediment to fill the old trail. This work will be done with heavy machinery which may include bulldozers and excavators. The rerouted sections will meet USFS trail standards for Class III OHV trails including a maximum short pitch grade of 20 percent with a target grade of 5-18 percent for most of the trail. The proposed action is located at the Santiam Pass OHV Area off of Highway 126 near Hoodoo Ski Area (Attachment A). Purpose and Need The purpose of this project is to reroute eroded and improperly built sections of trail. The proposed project is needed because portions of the 22 Trail and 42 Trail were originally constructed in areas that are too steep, do not incorporate appropriate drainage structures, or were otherwise built unsustainably. Severe erosion has occurred which has made the trails unsafe and increased turbidity in adjacent water systems. All trail reroutes and improvements would follow standards and specifications established in the USDA Forest Service Trails Management Handbook FSH , including specifications on maximum grade, frequency of drainage structure, guidelines for safety of user groups, and requirements established by engineering specifications on structures that require engineering consultation.

2 Scoping and Public Involvement You are invited to provide comments on the proposed action and draft decision. Comments received by August 10, 2016 will be most helpful in considering the final design of this project. Comments may be submitted online through the Forest Service online comment system available at or mailed to Edward Tyson Cross, Wilderness and Trails Programs Manager, McKenzie Hwy, McKenzie Bridge, OR 97413; or delivered in person to the District Office from 8:00 am 4:30 pm. Names and addresses of those who comment will be considered part of the public record on this project and will available for public inspection. This proposed action is listed in the current edition of the Willamette National Forest s Schedule of Proposed Actions (SOPA) and can be accessed on the web at During internal scoping, McKenzie River Ranger District resource specialists raised no issues and found no effects in relation to implementing this proposed action. All supporting documentation is located in the project file available at the McKenzie River Ranger District. Categorical Exclusion Criteria Decisions may be categorically excluded from documentation in an environmental impact statement or environmental assessment when they are within one of the categories identified by the U.S. Department of Agriculture in 7 CFR part 1b.3 or one of the categories identified by the Chief of the Forest Service in Forest Service Handbook (FSH) sections or 32.2, and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative environmental effect. The specific category for this proposed action is found in 36 CFR 220.6(e) (1) and described in Forest Service Handbook (FSH) , Chapter 30, Section 32.2(1): Construction and reconstruction of trails. This category of action(s) is applicable because this project proposes construction and reconstruction of heavily eroded trails. Several resource conditions must be considered when determining whether extraordinary circumstances related to the proposed action warrant further analysis and documentation. During development of the proposed action, a team of resource specialists determined whether or not any of the resource conditions are present, and if so, the degree of the potential effects on the listed resource. The mere presence of one of these resource conditions does not preclude use of a categorical exclusion. Based on the information in Table 1, I have determined no extraordinary circumstances exist for this project that would warrant further analysis and documentation in an environmental assessment or environmental impact statement. OHV Trails 22 and 42 Reroute Project - Draft Decision Memo 2

3 Table 1: Evaluation of Extraordinary Circumstances Related to the Proposed Action Extraordinary Circumstance to be Evaluated Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species Present? (Yes or ) Yes Degree of Potential Effect Fisheries: The project will have no effect on the bull trout and spring Chinook salmon downstream from the project area. There will be no effect to Essential Fish Habitat designated under the Magnuson-Stevens Fishery Conservation and Management Act. The project will have no impact on three Forest Service special status species (caddisflies). Floodplains, wetlands, or municipal watersheds Congressionally designated areas such as wilderness, wilderness study areas or national recreation areas Inventoried Roadless Areas or potential wilderness areas effect effect effect Research Natural Areas effect American Indians and Alaska Native religious or cultural sites Archaeological sites, or historic properties or areas effect effect Design Criteria The following is a list of design criteria and/or mitigation developed for this project to avoid/reduce the environmental effects of the proposed activities: 1. Avoid cutting of larger snags; route trail around these as possible. Snags shall be left standing when not a safety concern, and retained as downed wood when cutting is necessary. 2. If TES species are found in future field work or during activities associated with this project, and potential for adverse effects exists, project modifications may be needed. Any contracts should include provisions to provide required habitat protection measures in the event of TES species discovery. 3. Recreation personnel are requested to complete a wildlife sighting form for all wildlife sightings of interest, as listed on the current wildlife sighting form. This trail reroute project will cross through suitable Great Gray Owl nesting habitat. 4. Work with Fire to insure that there is not an unacceptable level of slash following project implementation. Slash will be scattered or burned depending on how much is present. 5. Inform engineering of any equipment transport so that they can monitor road conditions pre and post implementation. OHV Trails 22 and 42 Reroute Project - Draft Decision Memo 3

4 Decision and Rationale for Decision Based on my review of the information presented in this document and the supporting documents in the project record, I have decided to implement the proposed action as described above. Through past experience and review of similar projects, I have concluded that this project is not a major Federal action. It will have limited context and intensity (40 CFR ), individually or cumulatively, to the biological, physical, social, or economic components of the human environment. It does not pose a violation of Federal, State, or local law requirements imposed for the protection of the environment. The action that I have selected falls within a category established by the Forest Service that normally does not individually or cumulatively have a significant effect on the quality of the human environment and no extraordinary circumstances exist that would cause the proposed action to have any significant environmental effects. Therefore this action is excluded from documentation in an environmental impact statement or environmental assessment, so neither will be prepared. Findings Required by Other Laws and Regulations This decision is consistent with the amended Willamette National Forest Land and Resource Management Plan. The project was designed in conformance with standards and guidelines for the management area 10B - dispersed recreation, semi primitive motorized. This project is also consistent with forest wide standards found in the USDA Forest Service Trail Management Handbook, FSH I find that this project complies with all laws, regulations and policies regarding trail management. Table 2 outlines the major laws, regulations and policies with respect to trail management and displays how this project complies with those laws. Table 1: Compliance with Other Laws, Regulations, and Policies Year Enacted Title Summary How applied in this project 1897 Organic Act This Law is the foundation for multiple use and Forest Service management of National Forest System Lands 1969 National Environmental Policy Act (NEPA) 1973 Endangered Species Act (ESA) Creates the environmental impact statement (EIS) and environmental assessment (EA) as instruments of environmental policy. Requires public participation. Council on Environmental Quality regulations allow federal agencies to exclude certain categories of actions from documentation in EA or EIS. Provides broad protection for species of fish, wildlife and plants that are listed as threatened or endangered in the U.S. or elsewhere. Provisions are made for listing species, as well as for recovery plans and the designation of critical habitat for listed species. The Act outlines procedures for federal agencies to Implementation of this project follows direction in this law for the Forest Service to manage National Forest System Lands. Scoping was conducted as required by NEPA. This project follows FSH Chapter 30 requirements for categorically excludable activities. The project is in compliance with the Endangered Species Act. Applicable procedures were followed with respect to threatened and/or endangered species. OHV Trails 22 and 42 Reroute Project - Draft Decision Memo 4

5 Table 1: Compliance with Other Laws, Regulations, and Policies Year Enacted 1976 National Forest Management Act (NFMA) Title Summary How applied in this project follow when taking actions that may jeopardize listed species, and contains exceptions and exemptions. Requires the Secretary of Agriculture to assess forest lands, develop a management program based on multiple-use, sustained-yield principles, and implement a resource management plan for each unit of the National Forest System. It is the primary statute governing the administration of national forests. This project was developed in full compliance with NFMA via compliance with the Willamette National Forest Land and Resource Management Plan 1990, as amended. The project follows appropriate standards and guidelines and management direction for the Management Allocations in the project area. Administrative Review (Appeal) Opportunities Effective March 5, 2014, the Forest Service will no longer offer notice, comment and appeal opportunities for categorically excluded projects pursuant to 36 CFR Part 215. On February 7, 2014, the President signed into law the Agricultural Act of 2014, Pub. L (i.e., Farm Bill). Section 8006(a) of the 2014 Farm Bill repealed the Appeals Reform Act, Pub. L , 106 Stat (1992). Section 8006(b) directs that the pre-decisional objection process established in Section 428 of division E of the Consolidated Appropriation Act of2012, Pub. L , shall not be applicable to categorically excluded projects or activities. The Forest Service will continue to offer public involvement opportunities for categorically excluded projects as provided for in the agency's NEPA Procedures, see 36 CFR (d) (SOPA) and 36 CFR 220.4(e) and 220.6(c) (scoping). Comments received on the proposed action will be reviewed and considered prior to making a final decision; however, the project is not subject to appeal. Implementation Date Plans are to implement this project in August 2016 Contact Information For further information, please contact Edward Tyson Cross, Wilderness and Trails Programs Manager, at the McKenzie River Ranger District, McKenzie Highway, (541) OHV Trails 22 and 42 Reroute Project - Draft Decision Memo 5

6 Approved by: Draft Decision Memo Terry Baker District Ranger McKenzie River Ranger District Willamette National Forest Date The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual s income is derived from any public assistance program. (t all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C , or call (800) (voice) or (202) (TDD). USDA is an equal opportunity provider and employer. OHV Trails 22 and 42 Reroute Project - Draft Decision Memo 6

7 Attachment A OHV Trails 22 and 42 Reroute Project - Draft Decision Memo 7

8 OHV Trails 22 and 42 Reroute Project - Draft Decision Memo 8