PRELIMINARY DECISION MEMO Categorical Exclusion. Methow Valley Ranger District. Okanogan and Wenatchee National Forests. Okanogan County, Washington

Transcription

1 PRELIMINARY DECISION MEMO Categorical Exclusion Methow Valley Ranger District Okanogan-Wenatchee National Forest Okanogan County, Washington Project Title: Chewuch River Habitat Restoration RM Project Location: The project is located approximately nine miles north of Winthrop along the Chewuch River between river miles to 13 at T36N, R21E, Sections 13, 14, 23, 24, W.M.. Background The U.S. Forest Service, Methow Valley Ranger District, has partnered with the Yakama Nation to conduct restoration work on U.S. Forest Service managed lands along Chewuch River from river mile (RM) to 13. The Chewuch River supports populations of salmonids that are currently listed under the Endangered Species Act (ESA), including spring Chinook salmon, summer steelhead, and bull trout. The restoration plan is designed to enhance fish habitat in the Chewuch River and to improve fish habitat diversity by: Increasing large wood levels and jams within the river, Increasing the quality of pool habitat, and Restoring historic off-channel habitat. The purpose of the project is to re-establish and enhance fish habitat in the Chewuch River. The river has been slow to recover from a legacy of instream wood removal that occurred during the early half of the 1900 s. Lack of wood and high sediment loads in the Chewuch River have also blocked off-channel habitat. Recent surveys of the Chewuch River have shown that large wood, pool habitat and off-channel habitat are below the desired levels in the reach from river mile to 13. The above described conditions have resulted in a need to provide in-stream wood and pool habitat created by in-stream structures as well as to enhance off-channel habitat in the Chewuch River from mile to 13 in order to move the project area towards the desired condition. Decision and Rationale I have decided to proceed with the Chewuch River Restoration RM to 13 project. The proposed action includes: Construction of large wood cover habitat in two different areas. Logs will be placed along the channel edges in complexes of approximately three to six logs to mimic natural fall out of woody material. Each treatment area will consist of multiple log complexes. Construction of three standalone large wood jams. Each will consist of approximately pieces of wood built into an interlocked matrix up to 50 feet by 40 feet. These structures (also referred to as engineered log jams) will be partially excavated into the riverbank or in the river along the channel edges. See the attached map for locations of the large wood habitat, wood jams and backwater channel enhancements. Chewuch River Habitat Restoration RM Methow Valley Ranger District

2 The following project design criteria will be implemented in order to minimize or eliminate potential for adverse resource impacts: 1. Due to the potential for subsurface cultural deposits along the Chewuch River, a professional Forest Service archaeologist, or their designated representative, will be present to monitor all excavation for large woody debris sites and all excavation associated with reopening old side-channels. 2. If cultural resources are uncovered during construction all work will be halted and a professional Forest Service archaeologist will be contacted to determine how to proceed. 3. The Yakama Nation will coordinate with the Forest Service to ensure that site designs minimize impacts to scenic qualities of the Chewuch River and do not interfere with the eligibility of this segment as a Wild and Scenic River. Structures shall not impede the free-flowing nature of the river. To the extent possible: a. Constructed structures will be designed to mimic naturally occurring log jams in terms of overall size and shape. b. Use a variety of sizes of logs in each structure to avoid a uniform look. c. Overall size will be in scale with naturally occurring log jams. d. The pattern of logs in the constructed structures will be as varied as possible, avoiding a parallel pattern or angular shape. e. Avoid blunt-cutting ends of logs in constructed structures or disguise blunt-cut ends. 4. Jams will be designed to minimize risks to boaters and other river users. 5. Access routes used for construction will be restored after implementation during the same year. Restoration will include de-compaction of routes, planting native vegetation, and blocking routes to dispersed travel. All access points will be put back to a natural grade and natural earthen barriers will be used to ensure that access to egress sites is eliminated from all off road terrain vehicles. 6. No large diameter (>20 ) hardwoods will be removed for access or construction. If large hardwoods need to be removed for safety or other reasons the Yakama Nation representative will coordinate with the Forest Service Wildlife Biologist prior to removal. 7. Erosion control and spill-prevention measures will be in place prior to commencement of construction, and will be maintained throughout the construction period. 8. Clean all equipment that will operate off the road prism prior to entering National Forest System Lands to reduce potential for spread of invasive plants. 9. Implementation details and responsibilities will be coordinated and agreed to in writing between the Forest Service and the Yakama Nation. 10. The Yakama Nation and their contractor will comply with all federal, state and local laws and permitting requirements. All necessary permits will be obtained by prior to implementation. Timing of Implementation All instream construction elements of this project are required to occur during the month of July (likely after the 4 th of July holiday weekend) to comply with salmonid work windows. Upland site preparation may occur during the month of June. Additional upland site stabilization and cleanup will extend into August. Riparian replanting and seeding will initiate during fall, and continue for an estimated two additional seasons to ensure species survival. Chewuch River Habitat Restoration RM Methow Valley Ranger District

3 Land and Resource Management Plan Conformance This project conforms to the Okanogan Forest Plan (the Forest Plan), as amended by Decision Notice and Environmental Assessment for the Interim Strategies for Managing Fish-producing Watersheds in Eastern Oregon and Washington, Idaho, and Portions of California (PACFISH, USDA and USDI 1995). This project is specifically designed to improve aquatic habitat for fish and meet Riparian Management Objectives and are therefore consistent with Forestwide Standards and Guidelines for Fisheries 3-1 to 3-5 (pages 4-31 and 4-32) and PACFISH Watershed and Habitat Restoration Standard and Guideline WR-1 (page C-18). The project is consistent with Forestwide Standards and Guideline for Wild and Scenic Rivers 9-3 (page 4-40) and will not adversely impact the eligibility of this segment of river for Wild and Scenic designation. The project is located in Management Area 5 and meets Visual Quality Objectives (VQOs) for the management area. The project would not be highly visible from either road paralleling the river. The project covers less than 1% of suitable westslope cutthroat trout, redband rainbow trout, Chinook, bull trout, and eastern brook trout habitat across the Forest. We expect some localized negative effects to streambanks and riparian vegetation that could lead to a low level temporary affect to these aquatic Management Indicator Species (MIS). The project would result in long-term benefits to habitat for these MIS species, leading to increases survival and production through as a result of better habitat conditions. Therefore, the effects of the action to MIS are consistent with the Forest Plan and continued viability of theses MIS is expected on the Okanogan National Forest Terrestrial wildlife MIS species on the Methow Valley Ranger District include marten, mule deer, ruffed grouse, barred owl, pileated, three-toed, black-backed, downy, hairy, Lewis and white-headed woodpeckers, red-naped and Williamson s sapsuckers, and northern flicker. This project would not affect the size or health of marten, pileated woodpecker, three-toed woodpecker, and barred owl populations, see Terrestrial Wildlife Report for details. Forest Plan requirements include analysis of landbird habitat. The project will not affect dead or defective tree habitat used by landbirds and therefore complies with Executive Order and the MOU between the Forest Service and U.S. Fish and Wildlife Service regarding conservation of landbird habitat. NEPA Compliance This project is categorically excluded from documentation in an environmental impact statement or environmental assessment under 36 CFR 220.6(d)(8). This category includes: "Timber stand and/or wildlife habitat improvement activities that do not include the use of herbicides or do not require more than one mile of low standard road construction. Based on the findings in the analysis file supporting this decision, a categorical exclusion is appropriate because there are no extraordinary circumstances that could potentially result in a significant effect on the environment, as described below. Chewuch River Habitat Restoration RM Methow Valley Ranger District

4 Finding of No Extraordinary Circumstances No extraordinary circumstances, as described in Forest Service National Environmental Policy Act regulation 36 CFR 220.6(b), were found to exist that might cause the proposed action to have a significant effect on the quality of the human environment as described under 40 CFR These are described below: 1. Federally listed threatened or endangered species or their critical habitat, species or critical habitat proposed for Federal listing, or Forest Service sensitive species: Consultation with the U.S. Fish and Wildlife Service and NOAA Fisheries is ongoing and will be completed by the Yakama Nation. Fish: Due to the presence of spring Chinook, steelhead, and possibly bull trout in the river while heavy equipment operations would be occurring, the project will affect these species temporarily and may result in take of the species. As a result, the project may affect, likely to adversely affect spring Chinook, steelhead, and bull trout for the short term. Overall, the project would result in long-term benefits to the species and their designated critical habitat within the project area. Consultation with the U.S. Fish and Wildlife Service and NOAA Fisheries is ongoing and been completed by the Yakama Nation. Redband rainbow and westslope cutthroat trout are on the R6 Sensitive Species List and likely to be present within the project area. There will be short-term adverse impacts to these species, but long-term the project will benefit habitat for the species. These factors would increase the species viability and resiliency and will not result in a loss of species viability or create trends toward federal listing. Terrestrial Wildlife: The effects determinations to gray wolf and grizzly are may effect, not likely to adversely affect. Any effects to these species would be minimal, temporary in nature, and via disturbance only. No new roads or trails would be built and riparian habitat would be expanded. No effect would occur for lynx or northern spotted owl as no suitable habitat for either species occurs within a mile of this project. The project is not in or adjacent to habitat for any Forest Service Region 6 sensitive wildlife species. These include Columbian sharp-tailed grouse, common loon, eared grebe, ash-throated flycatcher, gray flycatcher, ferruginous hawk, sandhill crane, and upland sandpiper. The proposed project would have no impact on any of these sensitive species. Additional R6 Sensitive wildlife species occurring, or possibly occurring, on the Methow Valley Ranger District include bald eagles, fishers, great gray owls, white-headed woodpeckers, harlequin ducks, wolverines, peregrine falcons, Townsend s big-eared bats, western gray squirrels and a number of intertebrates. The project wildlife biologist determined that no impacts would occur to any of these species. Plants: There are no Federally-listed Howellia aquatilis (water howellia), Hackelia venusta (lesser showy stickseed), Sidalcea oregano var. calva (Wenatchee Mountains checker- Chewuch River Habitat Restoration RM Methow Valley Ranger District

5 mallow), or Spiranthes diluvialis (Ute lady's tresses) populations known to occur in the analysis area. None of these species were found during any of the surveys conducted for this project. There is little suitable habitat for them within the Chewuch watershed. There are no known populations of sensitive plants within the project area. 2. Flood plains, wetlands, or municipal watersheds: The project area is not within a designated municipal watershed. The long-term effect of this project will be improvement of riparian/floodplain habitat function. 3. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas: The project area does not overlap any congressionally designated areas. 4. Inventoried roadless areas or potential wilderness areas: The project area does not overlap any roadless or potential wilderness areas and does not propose any construction or removal of roads. 5. Research Natural Areas: The project does not occur within any Research Natural Areas. 6. American Indians and Alaska Native religious or cultural sites: There are no Alaskan Native religious sites or cultural sites. The Confederated Tribes of the Colville Reservation and the Yakama Nation were contacted on March 29, 2012 regarding the project and no letters indicating concern on the presence of Traditional Cultural Properties or other sites were received. 7. Archaeological sites, or historic properties or areas: This project satisfies the 1997 Programmatic Agreement and complies with Section 106 of the NHPA. A case-by-case documentation was completed December 14, 2012 with a determination of No Historic Properties Affected/No Effect. Monitoring by a professional archaeologist is recommended where anchoring of woody debris involves the use of heavy equipment to excavate the river bank and where excavation of former river channels is planned. A separate monitoring report will be prepared to document the result of project monitoring. Tribal consultation letters were sent on March 29, 2012 to the Yakama Nation and Confederated Tribes of the Colville Reservation. No concerns regarding Traditional Cultural Properties or any other cultural resource issues were raised by the consulting parties. While there is the potential that religious or cultural Native American sites, archaeological sites, or historic properties or areas may be present at the work sites, a Forest Archaeologist will be contacted and further ground disturbance will be halted if anything is discovered. Public and Agency Involvement This project has been listed on the Okanogan-Wenatchee National Forest Schedule of Proposed Actions (SOPA) since January A scoping letter was sent to on May 7, 2012 to approximately 35 adjacent or downstream landowners and 100 individuals and organizations on the District mailing list. A public meeting was hosted on May 16, 2013 that one individual attended. Two comment letters were received in response to the request for scoping comments. The comments and Forest Service responses are summarized below: Chewuch River Habitat Restoration RM Methow Valley Ranger District

6 A comment was received regarding the increase in sediment in the river in spring since the Thirtymile Fire and whether or not the tribe had funding to do planting in the burned areas. Restoration in the Thirtymile burned area is outside the scope of this proposal. A comment was received that supported activities to promote healthy waterways, but requested that we refrain from using heavy equipment and instead allow beavers to naturally restore the river. The District has conducted beaver reintroduction throughout the Methow Sub-basin and recognizes the importance of allowing natural process to do restore systems whenever possible. This project is designed to mimic natural processes and help to reset processes that will allow the river to continue improving on its own. At the time the project was scoped the Forest Service was proposing to complete an environmental assessment. The project was discussed, reviewed, and modified internally by an interdisciplinary team of resource specialists comprised by U.S. Forest Service and Yakama Nation staff. The resulting project that was scoped on was substantially reduced from the initial proposal received from the Yakama Nation. As a result of internal and external scoping results, the analysis type was changed to a categorical exclusion that is being documented through this Decision Memo. On March 29, 2012, government-to-government consultation letters were sent to the Yakama Nation and Colville Tribes. No concerns regarding the project were expressed by either Tribal government. Consultation with the U.S. Fish and Wildlife Service and NOAA Fisheries is ongoing and will be completed by the Yakama Nation prior to signature of a final Decision Memo. Findings Required by Other Laws The project is consistent with the National Forest Management Act, as described above under Land Use Plan Conformance. The Chewuch River has been designated as water quality limited (category 5) for temperature on the current (2012) Washington State 303(d) list. This project would have no effect on the stream temperatures within the planning area or the downstream segments of the Chewuch River. With design features for re-vegetating disturbed areas, none of the treatments will effect streamside vegetation or shading to measurable levels and therefore treatments will not affect this parameter or exacerbate the 303(d) listings downstream and the project complies with Clean Water Act. A Section 404 permit will be obtained through the Corps of Engineers to maintain compliance with the Clean Water Act because excavation within a National Water will occur. Air quality will not be affected, so the project is consistent with the Clean Air Act. This project is in compliance with Executive Order 12898, Environmental Justice. Scoping did not identify any potential disproportionably high or adverse human health or environmental effects that will adversely affect minority or low-income populations as a result of this project. This project is in compliance with Executive Order 13186, Conservation of Migratory Birds related to the Migratory Bird Treaty Act (MBTA) of 1918, as amended. See discussion of Landbirds under Land Use Plan Conformance, above. Chewuch River Habitat Restoration RM Methow Valley Ranger District

7 Appeal Rights and Project Implementation This decision is subject to appeal pursuant to 36 CFR 215, the Forest Service will provide public notice, comment, and an opportunity for administrative appeal. The appeal must be filed (via regular mail, fax, , hand-delivery, or express delivery) with the Appeal Deciding Officer. Appeals must be submitted to: Hand-deliver appeals to: Appeal Deciding Officer ATTN: 1570 Appeals U.S. Forest Service Pacific Northwest Region 333 SW First Avenue Portland, OR or Mail appeals to: Appeal Deciding Officer ATTN: 1570 APPEALS U.S. Forest Service Pacific Northwest Region P.O. Box 3623 Portland, OR Fax appeals to: (503) appeals to: The business hours for those submitting hand-delivered appeals are 7:45am to 4:30pm, Monday through Friday, excluding holidays. Electronic appeals must be submitted in one of the following formats: as part of an message, portable document format (.pdf), rich text format (.rtf), or Microsoft Word (.doc or.docx), to the address listed above. In cases where no identifiable name is attached to an electronic message, a verification of identity will be required. A scanned signature is one way to provide verification. Appeals, including attachments, must be filed within 45 days from the publication date of the legal notice for this decision in the Wenatchee World, the newspaper of record. The publication date in the Wenatchee World is the exclusive means for calculating the time to file an appeal. Those wishing to appeal this decision should not rely upon dates or timeframe information provided by any other source. It is the responsibility of all individuals and organizations to ensure their appeals are received in a timely manner. For electronically mailed appeals, the sender should normally receive an automated electronic acknowledgement from the agency as confirmation of receipt. If the sender does not receive an automated acknowledgement of the receipt of the appeal, it is the sender s responsibility to ensure timely receipt by other means. Appeals and attachments postmarked or delivered after the 45 day appeal period, or containing viruses will not be considered. Only individuals or organizations who submitted comments during the comment period specified at 36 CFR may appeal this decision. The notice of appeal must meet the appeal content requirements at 36 CFR Chewuch River Habitat Restoration RM Methow Valley Ranger District

8 Contact Questions regarding this project and additional information can be obtained by contacting Victoria Wilkins, District Environmental Coordinator, Methow Valley Ranger District, 24 West Chewuch Rd., Winthrop, WA 98862, (509) Michael C. Liu District Ranger Date Chewuch River Habitat Restoration RM Methow Valley Ranger District

9 BELLINGHAM WENATCHEE SEATTLE IDAHO ELLENSBURG SPOKANE YAKIMA WEST CHEW UCH OREGON ROAD PORTLAND STATE OF WASHINGTON EXISTING BEAVER PONDS NAT F O HW Y EASTSIDE CHEWUCH RD ES LARGE WOOD JAMS 0 CH ROAD 800 SCALE IN FEET WINTHROP VICINITY MAP 400 EAST CHEWU 12.6 AD 12.5 SC BACKWATER ENHANCEMENT A 12.4 CA 12.3 H RT R RD NO C RIV HEWU ER FLOCH W SITE MAP LEGEND: CHEWUCH RIVER MILE CHEWUCH RIVER BACKWATER ENHANCEMENT STAND ALONE LARGE WOOD JAMS LARGE WOOD HABITAT PREPARED BY: April 9, 2013 U.S. FOREST SERVICE AND YAKAMA NATION CHEWUCH RIVER RESTORATION RIVER MILES MAP