DECISION MEMO. Hollow Stream Timber Sale. USDA Forest Service Fishlake National Forest, Beaver Ranger District Beaver County, Utah

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1 DECISION MEMO USDA Forest Service Fishlake National Forest, Beaver Ranger District Beaver County, Utah I. Background The Hollow Stream Salvage Sale project area lies at the upper headwaters of Dry Hollow, which is a tributary of the Beaver River. The project area is located on the Beaver Ranger District, Fishlake National Forest, Utah. The legal description is T.30S, R5W; Sections 10 and 15, SLBM (see map). The forested stands within in the project area are comprised of spruce-fir. Engelmann spruce is the primary component, with subalpine fir comprising a minor component. The primary species proposed to be harvested would be Engelmann spruce. Spruce beetles have flown from infested trees to the south and east of the project, into the residual stands left during harvest of the previous sales. Wind damaged and blown downed trees from the previous sales are also infested with beetles. As a result the downed trees and small patches of Engelmann spruce are infested. If left untreated, the beetles will spread to the remaining residual Engelmann spruce stands. The proposed sale would be the fourth entry into the area. This project is not within the roadless area. No new roads will be needed, existing skid trails and landings from past harvest will be utilized. II. Purpose and Need for Action The purpose of this project is to remove beetle infested and recently blown down or damaged trees located within recently harvested timber sale areas. Current epidemic populations of spruce bark beetles (Dendroctonus rufipennis) are on Circleville Mountain and within the LeBaron Creek drainage which is also a tributary of the Beaver River watershed. There is a need to reduce the spread of spruce beetles to maintain the diverse species composition and structure created from previous entries. Existing Condition Epidemic populations of spruce beetle can be found on Circleville Mountain, within the South Fork Vegetation treatment project area. A survey of the project area was conducted by district personnel and Liz Hebertson, (Forest Health Protection Specialist) in Scattered pockets of spruce beetle infested Engelmann spruce trees and recent blown down trees were found within the project area. During the winter of 2010/2011 additional trees blew over. Liz recommended that the blown down and pockets of beetle infested trees be removed to reduce the risk of future spread to the other stands in the area. (Forest Health Report OFO-TR-08-17, located in Project Record). Page 1

2 Hollow Stream Salvage Sale Desired Condition The desired condition for the project area is to reduce the potential for epidemic infestation from spruce beetles in the remaining stands left from past treatments while maintaining the Goshawk Foraging Area. The project is specifically intended to respond to the Fishlake National Forest Land and Resource Management Plan (FRMP) goals to Provide wood fiber while maintaining or improving other resource values, and Improve the timber age class distribution and maintain species diversity (Forest Plan, pg. IV-4). This project will be governed by the directions outlined in the Fishlake National Forest Land and Resource Management Plan as described on pages IV-114 to IV-120. The project area is within Management Area 7A (Emphasis on wood-fiber production and utilization). III. Decision Based upon my review of the project record I have decided to authorize the proposed action as described. Harvest, Access, and Regeneration: 1. Use sanitation and salvage harvest treatments to remove trees infested with spruce beetles on 247 acres of spruce-fir forest this includes trees that are wind damaged or blown down. Estimated harvest volume to be removed would be less than 1000 ccf. Primary species to be harvested would be Engelmann spruce. 2. Regeneration: Treated areas would be allowed to reforest with naturally regenerating aspen, subalpine fir, and Engelmann spruce. If regeneration is not occurring at the level required by the FS regeneration policy, planting of Engelmann spruce would occur. 3. Complete any necessary maintenance on forest system roads designated to be used for hauling. The following administrative roads will be utilized for access and hauling: FR 40650, 40658, 40659, and Maintenance activities could consist of blading to smooth and level the road surface, cleaning out or replacing culverts, and cleaning out drainage dips and lead out ditches. 4. No new permanent or temporary road construction will occur. 5. Where possible, use former skid trails and landings to transport and deck cut trees. Space skid trails a minimum of 100 feet apart, except where trails converge to landings. Obliterate and reseed skid trails and landings upon completion of treatment activities. 6. Locate skid trail to avoid areas of naturally regenerating tree stands. 7. Use conventional, ground-based logging equipment (e.g., rubber tired skidders, caterpillar tractors, forwarders, feller-bunchers) to cut and remove trees. Post Harvest Fuels Reduction: Page 2

3 1. Burn, chip, or shred concentrations of slash to reduce fuel loading, beetle populations, and visual impacts. Landing slash would be piled and burned. Avoid large slash piles to protect soils when burning. 2. In areas of natural tree stand regeneration, lop and scatter slash to a maximum depth of 24 inches. 3. In areas where artificial regeneration may be needed slash will be tractor piled and burned by hand. Place cut pieces of green Engelmann spruce larger than 14 inches diameter and 18 inches long in slash piles and burn along with residual slash to eradicate beetles and prevent further infestation. South Fork Vegetation Treatment Project Skidding This decision authorizes skidding timber from the adjacent South Fork Vegetation Treatment Project through the Hollow Stream project area. The South Fork Vegetation Treatment Project, which was approved on July 7, 2006, borders the Hollow Stream project on three sides. A portion of the South Fork project is located directly adjacent to the north of Hollow Stream and is located on a slope that would require trees designated for removal would need to be skidded up-hill. Down-hill skidding is the preferred method as up-hill skidding causes greater damage to the soils and therefore greater potential for erosion. Design Features In response to public comments and specialists concerns, the following design features and mitigation measures have been developed to alleviate potential impacts: 1. Provide cautionary signs to warn the public about logging trucks and logging operations along Forest Trail (FT) and FR Maintain and place erosion control structures on administrative roads following the completion of the sale. 3. Implement the project to coincide with Goshawk PFA requirements. a. Maintain at least 3 large (> 18 inch DBH, > 30 feet tall) snags per acre. b. Maintain a mosaic of vegetation structural stages. c. Maintain at least 5 large (> 12 inch diameter at mid-point > 8 feet long) downed logs per acre. d. Regarding live trees, for red squirrels; at least 1 intact group (with at least 6 mature or old trees per group) per 0.5 acre (2 groups per acre). 4. Avoid tree harvest during primary nesting season to conserve nesting neo-tropical birds (April to August 1). 5. Avoid harvesting trees with raptor nests. 6. Restrict hauling operations on FR-137 from 6:00 pm to 6:00 am, and on weekends and holidays for public safety; and to maintain the public recreational experience. 7. Place artificial nest boxes to provide nesting habitat for cavity nesters, if necessary, as determined by wildlife biologist. 8. Record and report any new observations of sensitive wildlife species to appropriate specialist. 9. Keep gate at junction of FR and FR locked to prevent motorized access by the general public. Page 3

4 Hollow Stream Salvage Sale IV. Reasons for Categorically Excluding the Proposed Action A proposed action may be categorically excluded from further analysis and documentation in an environmental impact statement or environmental assessment only if there are on extraordinary circumstances related to the proposed action and if the proposed action is within one of the categories established by the Secretary at 7 CFR part 1b.3 or the proposed action is within a category listed in 36 CFR sections (d) and (e). (36CFR 220.6(a)) The proposed action falls within category 36 CFR 220.6(e) (14), Commercial and noncommercial sanitation harvest of trees to control insects or disease not to exceed 250 acres, requiring no more than ½ mile of temporary road construction, including removal of infested/infected trees and adjacent live uninfested/uninfected trees as determined necessary to control the spread of insects or disease. The proposed action may include removal of live or dead trees for landings, skid trails, and road clearing. The categorical exclusion is appropriate in this situation because there are no extraordinary circumstances related to the proposed action. Extraordinary circumstances are those instances that could result in significant environmental effect to one or more of the following resource conditions, as described in 36 CFR 220.6(b). a. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. 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. As required by this Act, potential effects of this decision on federally-listed or proposed species or their critical habitats have been analyzed and documented in a Biological Assessment, and effects on Forest Service Sensitive species have been documented in a Biological Evaluation (Planning Record). This decision will have No Effect on the following federally-listed or proposed species or their critical habitats: Mexican Spotted Owl, Utah prairie dog, California condor, and Western Yellow-billed cuckoo. This decision will have No Impact on the following Forest Service Sensitive species: Spotted or Townsend s Big-eared bats, Peregrine falcons, Bighorn sheep, Bald Eagle, Pygmy rabbit, or Greater sage grouse (see wildlife BE/BA in project record). Implementation of the proposed action when combined with past present and reasonable foreseeable actions, would maintain adequate habitat Northern Goshawks if known nests are avoided during treatment and other LRMP standards and guidelines are followed across the Beaver Ranger District. Implementation is expected to maintain adequate Townsend s big-eared bat and spotted bats foraging and roosting habitat. Page 4

5 Implementation would maintain potentially suitable nesting and foraging habitat for the Peregrine Falcon. Implementation of the project would not affect the Flammulated owl species persistence. Implementation of the proposed project may impact Three-toed woodpecker individuals and habitat, but these impacts would be low. There are no known Bighorn sheep on the Beaver Ranger District and because there are no direct or indirect effects there are also no cumulative effects as a result of the implementation of this project. (Wildlife BE located in the Project File.) b. Floodplains, wetlands, or municipal watersheds. Executive Order provides for avoidance of 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 (100- year recurrence) or greater chance of flooding in any one year. Executive Order provides for avoidance of 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. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds. The project is not located in or near floodplains, wetlands or municipal watersheds. This has been validated by map and site-review (Hydrology report). This decision will not affect floodplains, wetlands or municipal watersheds. c. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas. There are no Wildernesses, Wilderness Study Areas, or National Recreation Areas on the Forest. This decision will not affect these areas. d. Inventoried roadless areas There are no inventoried roadless areas (2000 Forest Service Roadless Area Conservation EIS) in the project area. This decision will not affect inventoried roadless areas. e. Research natural areas There are no Research Natural Areas in the project area. This decision will not affect Research Natural Areas. f. American Indians and Alaska Native religious or cultural sites. There are no Alaska Native religious or cultural sites on the Forest. This decision does not affect Alaska Native religious or cultural sites. There are no American Indian religious or Page 5

6 Hollow Stream Salvage Sale cultural sites in the project area. This decision does not affect American Indian religious or cultural sites. g. 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 covers 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. No cultural or historical resource concerns were identified for this project. Heritage surveys were completed for the project area (reference memos dated Feb 12, 2009 and November 4, 2010 in Project Record). This decision complies with the Acts cited above. V. Public Involvement The proposal has been listed in the Schedule of Proposed Actions database since July 1, 2010 to the present. This database is updated quarterly and is available to the public at: The proposal was provided to the public and other agencies for comment during the scoping period which was initiated on February 10, Letters were mailed to interested parties and other Federal and state agencies. A legal notice requesting public input was published in the Richfield Reaper on February 10, Comments received during scoping identified and emphasized the value and role of unharvested forests in providing ecosystem services. Other comments stressed the urgency of timely removal of dead and infested spruce through basal area reduction in an effort to prevent a spruce beetle outbreak on National Forest System lands as well as adjacent private lands. Some comments expressed concern for the goshawk, watersheds, economics and species viability. These concerns were evaluated in appropriate specialist reports, which are located in the Project Record. VI. Findings Required by Other Laws Forest Plan Consistency (National Forest Management Act) This Act requires the development of long-range land and resource management plans (Forest Plans), and requires all projects and activities be consistent with the Forest Plan, 1986, and amendments. The Forest Plan has been reviewed in consideration of this project. This decision responds to guiding direction contained in the Forest Plan, as discussed in Section II of this document. This decision is consistent with the standards and guidelines contained in the Forest Plan. Page 6

7 Clean Water Act This goal of this Act is to ensure that the integrity of waters is restored and maintained. There are no bodies of water, within the cumulative effects area, listed on the State of Utah s 303(d) list of impaired waters nor waters that have a total maximum daily load (TMDL). This decision incorporates Best Management Practices as described in FSH Soil and Water Conservation Practices to ensure protection of soil and water resources. The project complies with the Clean Water Act. Migratory Bird Treaty Act and Executive Order The Migratory Bird Treaty Act (MBTA) requires that Federal actions are evaluated for effects on migratory birds, and includes provisions that prohibit take of migratory birds. Executive Order (EO) outlines responsibilities of Federal agencies to consider effects on migratory birds in implementing management activities. EO instructs Federal agencies to develop policies to address MBTA issues (see wildlife specialist report in project file pages 23-25). This project complies with the provisions of the MBTA. 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. VII. Implementation Date Implementation of this project may begin immediately. VIII. Administrative Review or Appeal Opportunities This decision is not subject to administrative appeal pursuant 36 CFR (f). VIIII. Contact Person For additional information concerning this decision, contact Monty Cartwright, Forestry Technician, Beaver Ranger District, 575 S. Main, P.O. Box E, Beaver UT 84713, (435) _/s/ Amy C. Barker AMY C. BARKER District Ranger _September 26, 2011 Date The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, or marital or family status. (Not 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 USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC or call (202) (voice and TDD). USDA is an equal opportunity provider and employer. Page 7

8 Fishlake National Forest Vicinity 15 Oak City 28 «89 Scipio Fillmore 15 Salina Richfield Project Location «Monroe Koosharem Marysvale Beaver «24 «Loa Teasdale Circleville Legend Fishlake National Forest Beaver Ranger District Miles Project Boundary Acres Forest Boundary Land Ownership USDA Forest Service Private