U.S. FOREST SERVICE DECISION MEMO RIMINI COUNTY ROAD HAZARD TREE REMOVAL USDA

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1 DECISION MEMO RIMINI COUNTY ROAD HAZARD TREE REMOVAL U.S. FOREST SERVICE Helena National Forest Helena Ranger District Lewis and Clark County, Montana T9N, R5W, Sec 20, 29, 32 BACKGROUND The Rimini County Road was excluded from the Forest-Wide Hazardous Tree Removal Project mainly to provide the public yearlong firewood opportunities close to Helena; however due to the large numbers of hazard trees directly adjacent to the road and the importance of the road as an evacuation route, a hazard tree removal operation is needed. Lewis and Clark County has right-of-way maintenance responsibilities along the Rimini County Road; however the distance is limited to 60 feet from the centerline of the road. This distance is not sufficient to adequately mitigate the hazard trees, which requires a distance of up to 1-1/2 tree lengths from the edge of the road. DEcIsIoN TO BE MADE After careful consideration of resource specialists reports specific to this project, the Forest Wide Hazardous Tree Removal Project, and the analysis conducted for that project by resource specialists, I have decided to treat the following road: Helena Ranger District Road ID Road Name 695 Rimini County Road Total Project Acres 31 In order to reduce hazards to public safety, I have decided to: Remove dead, dying, or structurally unsound trees determined to pose a hazard within 1-1/2 tree lengths of Rimini County Road #695 on the Helena Ranger District. Remove trees within an identified corridor along the road. The corridor will vary, depending on the slope and height of the trees, from 0 to about 150 feet along both sides of the roadways. Whole-tree yard trees to landing areas. Where accessible, landing slash may be chipped and spread on-site, or chipped and removed; otherwise slash will be burned. Utilize existing roads for all activities; no permanent or temporary roads will be constructed. Page 1 of 13

2 Retain trees that do not pose a safety hazard to the public, and any areas along the roadways that do not pose a safety hazard (for example, no dead, dying, or structurally unsound trees, open areas, small trees) will be excluded from activity. In areas with hazard trees that cannot be removed via ground-based mechanical means due to resource concerns, the trees will either be hand felled and left on-site, or removed in such a way as to have no effect on the resources (e.g. via hand-carrying, end-lining to the road, or grappling from road). Such sites include, but are not limited to, Streamside Management Zones (SMZs) and archeological sites. This action is categorically excluded from documentation in an environmental impact statement (EIS) or an environmental assessment (EA). The applicable category of actions is identified in agency procedures as 36 CFR 220.6(d)(4): Repair and maintenance of roads, trails and landline boundaries, as described in FSH Section The interdisciplinary team reviewed the resource conditions listed at 36 CFR 220.6(b) and other concerns applicable to this project to determine suitability for categorical exclusion. It is the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions and if such a relationship exists, the degree of the potential effect of a proposed action on these resource conditions that determine whether extraordinary circumstances exist (36 CFR 220.6(b). The interdisciplinary team made the following findings: I RESOURCE CONDITION APPLICABILITY TO PROJECT Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. 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 Research natural areas American Indians and Alaska Native religious or cultural sites Archaeological sites, or historic properties or areas See Table 1-4 below. No negative impacts to floodplains, wetlands, municipal watersheds, or 303(d) listed streams are projected. The project areas are not located within any congressionally designated areas; no impacts are projected. The project areas are not located within any inventoried roadless areas; no impacts are projected. The project areas are not located within any research natural areas; no impacts are projected. The historic Northern Pacific-Red Mountain Railroad Line (24LC 1268), Montana Central Railroad Line (24LC 1866), The Old Helena Water Supply Ditch (24LC 1868) and the Old Rimini Wagon Road (24LC 1867) all lie within the APE. Howver, the Montana Central Line and Old Wagon road are now the County road #695 and will not be further damaged by this project. Page 2 of 13

3 No adverse impacts to the soil resource are projected. The project is designed in conformance with Regional and Forest Plan standards, and incorporates appropriate Forest-wide guidelines for the protection of soil resource quality. By definition, categorical exclusions do not individually or cumulatively have significant effects on the human environment (40 CFR ). The analysis considered impacts from the proposed action coupled with past, present, and reasonably foreseeable actions. Activities included in cumulative effects analyses are road maintenance, livestock grazing, timber harvest, prescribed burning, minerals projects, special uses, and recreational activities. The project file provides documentation of the interdisciplinary team s consideration of cumulative effects prior to determining that there are no extraordinary circumstances related to the proposed action. Based on past experience and site-specific environmental analysis using the best available science, the record of analysis as summarized in this Decision Memo shows that the context and intensity of effects on resource conditions identified in the above table are minor to non-existent and do not constitute an extraordinary circumstance. As such, the project analysis may be categorically excluded from documentation in an EA or ETS. OTHER FEATURES ASSOCIATED WITH THIS DECISION: No ground-based mechanized harvest activities will occur within 50 feet of perennial streams. All heavy equipment will have an undercarriage wash, and be inspected, prior to entering National Forest System lands to reduce the spread of noxious weeds. All routes and harvest areas associated with the project will be surveyed and treated for invasive plant species prior to project activities. Invasive plant monitoring and additional treatment will occur following completion of the proposed project and continue for up to five years. Invasive plant treatments should be implemented at a time of year when treatment is most effective, rather than when plants are in flower or seed. Log landings will be located in noxious weed free areas, or if no weed free areas are available, the site will be treated prior to use to minimize noxious weed seed production and spread. Since invasive species are located in the project area, ground disturbance associated with the project will be limited. Slash and chipped material can be spread over bare soil generated as a result of the project. Debris/rocks will be placed to deter public motorized vehicle use on landings. Disturbed areas will be monitored to insure soil stabilization occurs through natural revegetation from the soil seed bank. If additional plant seed is required, only native species common to the site will be used. All seed and mulch material will be certified noxious weed seed free. If currently unknown cultural resources are discovered during project implementation, operations affecting that discovery will be curtailed until the site is evaluated by a Forest archaeologist. Identified sites will be avoided, if feasible, but if sites cannot be avoided, site-specific mitigation will be developed to ensure sites are not adversely impacted. Site mitigation will be developed in consultation with the State Historic Preservation Office prior to project implementation. Page 3 of 13

4 No log hauling will occur on weekends and federal holidays. To avoid potential compaction and/or rutting, operating heavy machinery in harvest units, on skid trails, and on landings will only take place when soils are dry or frozen as determined by the Forest Service. Forest Service evaluation and determination of dry or frozen ground is required prior to operations commencing. Multiple pass skidding trails shall be agreed to by the sale administrator, and will be spaced between 75 and 100 feet apart. Skid trails that are used when the soil is not frozen will be adequately drained and located on slope positions where drainage structures can function, generally up out of draw bottoms and on ridge shoulders. Fine and coarse slash can be placed on skid trails as an alternative to drainage structures. Any excavated skid roads should minimize ground disturbance associated with cutting and filling, and will be re-contoured and reseeded following cessation of logging activities. Unless structurally weakened, retain live, healthy, non-hazard trees where they occur, especially preserving clumps of live trees, young to mature in age classes. Care will be taken to protect them from logging operations. Trees removed during hazard tree mitigation may be sold directly to Lewis and Clark County as a timber settlement sale. Summary of reasons why this decision will not contribute to a trend towards federal listing or loss of viability for some Sensitive species Table 1 - Threatened and Endangered Wildlife Species on the Helena National Forest * Species And Status* Grizzly Bear T Presence in or near the Project Area Effect on Suitable Habitat The Tenmile drainage lies south of the NCDE Grizzly Bear Distribution Zone, and no grizzlies have been reported there in recent decades. However, they Removal of dead trees from have been reported along a well-used open occasionally in the upper road corridor would not Little Blackfoot watershed involve habitat components just to the west and in the likely to be used by grizzly Boulder River drainage to bears, were they present. the south. It is possible that some of these animals range into the Tenmile drainage now and then. Effect on Species Roadside hazard tree operations would not deny grizzly bears use of habitat that they would use under normal circumstances. Tree removal would not alter potential habitat use patterns in any way. The project complies with direction in the GrizzLy Bear Recoveiy Plan and the Interagency Grizzly Bear Guidelines. Page 4 of 13

5 U Species And Status* Canada Lynx T Presence in or near the Project Area The Northern Rockies Lynx Mgrnt Direction (2007) has classified the Divide landscape south of Hwy 12 as secondary occupied lynx habitat. Winter tracking surveys over the past 5 years have consistently identified resident lynx in the upper Little Blackfoot drainage and along the Continental Divide on the western edge of the Tenmile drainage. One of these individuals has been tracked into the upper Tenmile drainage. The project area is not mapped as suitable lynx habitat. * E = endangered; T = threatened; P = proposed Effect on Suitable Habitat Removal of roadside hazard trees would not affect snowshoe hare habitat, nor would it remove potential habitat components from an area likely to be frequented by lynx. The project area does not provide sufficient multistoried understory cover to support snowshoe hares and attract lynx. Effect on Species Hazard tree removal operations would occur along a well-traveled road not an area that would attract lynx during daylight hours. Habitat changes would be of no consequence to lynx. The project complies with all standards and guidelines of the Northern Rocky Mountain Lynx Mgmt Direction. Table 2 - Threatened, Endangered, and Sensitive Fish Species on the Helena National Forest* Species Present in Effect on No Effect (NE) and project habitat No Impact (NI) Status* Bull Trout No none NE Salvelinus confluentus T Westslope No none NI cutthroat Oncorhynchus lewisii S * E = endangered; T = threatened; P = proposed Page 5 of 13

6 Table 3 - Species listed as Sensitive by Forest Service Region 1 (as of July 2010) and potentially present on the Helena National Forest. These species may have population viability problems. Presence in or near the Effect on Suitable Effect on Species Project Site Habitat Species Peregrine Falcon No peregrine falcons have been reported near the project area. Bald Eagle No bald eagles have been reported near the project area No Meaningful Effect. While the hazard tree project could conceivably remove potential perching sites, the importance of these roadside trees to eagles would be minimal, were the birds present in the area. Given the absence of large open-grown ponderosa pine or Flammulated Douglas-fir in or near the Owl project area, there is no habitat opportunity for flammulated owls and they are not present. Upper Tenmile Creek does not Harlequin Duck provide suitable habitat for harlequin ducks. Given the There have been no fires large massive volume of beetleenough to produce viable blackkilled pine trees backed woodpecker habitat in throughout the Tenmile the Tenmile drainage since the drainage, removal of dead early 20 century. Mountain conifers from a 200 ft Black-backed pine beetles are producing large wide strip along 2 miles of Woodpecker concentrations of snags similar road would not diminish to what would follow wildfire; the capacity of the but so far, no black-backed drainage to support blackwoodpeckers have been backed woodpeckers were reported in or near the project they inclined to use such area. habitat. Fisher The Tenmile No fishers have been reported drainage holds only in the Tenmile drainage in fragmented patches of key recent decades. There is no fisher habitat. Hazard tree viable habitat in project area removal would affect none riparian forests. of it. Page 6 of 13

7 U Presence in or near the Effect on Suitable Effect on Species Project Site Habitat Species Wolverines have been systematically : tracked along the Wolverines Continental are Divide on the west Removal of unlikely edge of the to be in upper Tenmile roadside hazard trees or near the watershed in recent years, and would not alter habitat in project area Wolverine they undoubtedly range down the Tenmile drainage in a into the during hazard drainage. None have way that would affect tree operations. been reported in or near the wolverine habitat use If project so, they area, would but they range patterns. give it a wide widely and could move through berth and on move occasion. on. There is no suitable bog lemming habitat (sphagnum Northern Bog No Impact moss accumulations) on along this Lemming part of Tenmile Creek. The lemmings are not present. Big-eared bats have not been identified in the Divide Townsend s landscape, although they may Big-Eared Bat be present. The project area does not provide suitable habitat components. Leopard frogs have not been reported in the Divide Northern landscape since the early Leopard Frog 1990 s, and they are believed to be extirpated. No Meaningful Effect. Western toads are known to Removal of dead trees No Impact inhabit on and breed in parts of would eliminate future : Tenmile Creek bottom. They woody debris that could be Habitat could changes breed along some used as shelter by local would not sections of the be creek in and near toads. Cover from other sufficient Western Toad the project to area and range into sources (green vegetation, habitats affect the away from the creek, rocks, logs in the untreated viability taking of the advantage of ground riparian zone) would be local toad vegetation, woody debris, and adequate to take care of holes population. in the ground for cover, local toads. On the HNF, plains spadefoot toads are found only along the Plains Spadefoot Missouri River below Meriwether Canyon. A number of individual wolves Wolves are Gray Wolf and incipient packs have moved habitat generalists,. Page 7 of 13

8 Presence in or near the Effect on Suitable Effect on Species Project Site Habitat Species through the upper Dog Creek Roadside hazard tree work Removing dead watershed on the west edge of would affect no habitat roadside trees the Divide landscape in recent components useful to can have no years. Over the past year wolves, conceivable wolves have been reported in effect on the the Tenmile drainage in the ability of wolves vicinity of Rimini on several to occupy the occasions. MFWP is aware of landscape. The the reports but currently has no project complies information as to the status of with the these wolves. No pack activity Montana Gray has been reported. Wolf Conservation & Management Plan. Leopard frogs have not been reported in the Divide Northern landscape since the early Leopard Frog, s, and they are believed to be extirpated. Table 4 - Management Indicator Species (MIS) designated by the Helena Forest Plan. MIS for the threatened and endangered species group are covered in Table 1 (grizzly bear, wolf) and Table 2 (peregrine falcon, bald eagle). Indicator Indicator Presence in Effect on Suitable Species Category Project Area Habitat American Marten Mature Forest Effect on Population Viability No Meaningful Effect. Marten have not been Snags and logs, can serve reported in the project as habitat components for area, but they could be marten. But removal of present, particularly in dead trees from 2 miles of riparian forest along a 200-ft wide road Tenmile Creek. Suitable corridor would not be No Effect habitat (with abundant sufficient to drive local woody debris) is patchy. marten from suitable Larger standing snags habitat, if they are present. also provide habitat Many dead trees in the opportunity. streamside ripanan zone would be left intact. Page 8 of 13

9 Indicator Indicator Presence in Effect on Suitable Species Category Project Area Habitat There are no known goshawk nesting sites in or near the project area, No Meaningful Effect. and goshawks have not The hazard tree project been reported along would subtract snags that Tenmile Creek in could harbor potential summer. The project area goshawk prey and that Old- Northern could serve as foraging might serve as perch sites. Growth Goshawk habitat, and it is possible Given the magnitude of Forest that birds nesting the dead tree resource in elsewhere in the drainage the drainage, however, could range through here loss of these roadside in search of prey. snags would be Goshawks have been inconsequential. known to winter along Hairy Woodpecker Pileated Woodpecker Effect on Population Viability the creek in some years. Relatively common No Meaningful Effect. throughout area forests Removal of dead conifers and becoming more so as from a 200 ft wide Dead beetle-killed trees roadside corridor will not Tree proliferate. Hairy measurably diminish No Effect Habitats woodpeckers have been habitat opportunity, given observed making use of the magnitude of the snag dead and dying trees in resource throughout the the project area. Tenmile drainage. No Meaningful Effect. None of the snags to be removed are of sufficient Present in the Tenmile size to serve as nesting drainage in small sites for pileated numbers, although not woodpeckers although Old- observed in the project some could serve as Growth area. A few large trees in marginal foraging Forest the riparian zone provide substrate. Given the potential habitat abundance of this resource components for feeding throughout the drainage, and nesting. proposed changes in the No Effect project area would not be meaningful. Page 9 of 13

10 U Indicator Indicator Presence in Species Category Project Area Elk Mule Deer Big Game Big Game Relatively common in parts of the Tenmile drainage from spring through fall. The project area is in spring/fall transitional range, and elk may forage in the riparian area along Tenmile Creek on occasion (typically at night as they are moving up toward high-elevation summer range). Proximity of the project area to a high-use roadway limits its utility to elk. Relatively common throughout the drainage in spring, summer, and fall. Deer may forage through and rest in project area forests along the road as well as in adjacent riparian areas. While bighorn sheep inhabited the Divide Bighorn Sheep Big Game landscape historically, they were hunted out by the early 20 century. Effect on Suitable Habitat Removal of dead trees from a 2 mile roadside strip will not affect habitats important to elk. Hiding cover will remain intact. The ability of elk to sometimes cross or move along this section of road will not change. Removal of standing dead trees along the roadside would have no meaningful effect on mule deer habitat. Hazard tree removal operations are likely to affect mule deer use of the area in much the same manner as does normal traffic on the road. The project will have no meaningful effect on potential bighorn sheep habitat. Effect on Population Viability No Effect No Effect No Effect PUBLIC INVOLVEMENT The proposal was listed in the July through September 2011 Schedule of Proposed Actions (SOPA) for the Helena National Forest. On October 14, 2011, the Draft Decision Memo was mailed to 15 individuals, organizations, and government agencies. A legal notice of comment was published in the Helena Independent Record on October 16, The Draft Decision Memo was available on the HNF website. During the 30 day scoping and comment period, one comment was received in support of the proposed action. Page 10 of 13

11 those FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS This decision is consistent with the Helena National Forest Land Management Plan (1986). The project was designed in conformance with T-4 Management Area direction (HNF Forest Plan, p through ). This decision is consistent with Forest Plan direction. Numerous laws, regulations, and agency directives require my decision be consistent with their provisions. I have determined my decision is consistent with all laws, regulations, and agency policy. The following summarizes findings required by major environmental laws. National Environmental Policy Act (NEPA) NEPA provisions and all regulations for implementation of NEPA (as required under 40 CFR 1500) have been followed in the development of this categorical exclusion and Decision Memo. The specialist reports in the project file disclose the expected impacts of this project. This Decision Memo describes the decision I have made and my rationale for making it. National Forest Management Act (NFMA) The National Forest Management Act and accompanying regulations require that several specific findings be documented at the project level. Suitability for Timber Production: No timber harvest, other than salvage sales or sales to protect other multiple-use values, shall occur on lands not suited for timber production (16 USC 1604(k)). The Rimini County Road Hazard Tree Removal purpose and need is to reduce hazards to public safety. The purpose of the project is not timber production; the project is not purposely growing and tending trees for commercial production. Clearcutting and Even-aged Management: No clearcutting or even-aged management will occur with this project. Sensitive Species: Federal law and direction applicable to sensitive species include the National Forest Management Act and the Forest Service Manual (2670). The Regional Forester has approved the sensitive species list plants and animals for which population viability is a concern. In making my decision, I have reviewed the analysis and projected effects on all sensitive species listed as occurring or possibly occurring within the analysis area. These findings support the conclusion the project will have no adverse impacts on sensitive species and will not lead to loss of viability or trend to federal listing of any Ri sensitive species. National Historic Preservation Act, Archaeological Resources Protection Act, and Native American Graves Protections and Repatriation Act Heritage resource surveys have been completed on all portions of the project area. Mitigation measures included in this decision will ensure compliance with all applicable laws and regulations. The decision is designed to avoid adverse impacts to heritage resource sites. Native American tribes with reserved right in the project area will be contacted during scoping. Clean Water Act and State Water Quality Standards The design of project activities is in accordance with Forest Plan standards and guidelines, Best Management Practices, and applicable Forest Service manual and handbook direction. Project activities will be consistent with the Clean Water Act, State Water Quality Standards, and consistency requirements for TMDL watersheds. Page 11 of 13

12 Clean Air Act Implementation of this decision will be compatible with Montana State Air Quality Bureau goals for clean air based on Forest Service participation and compliance with burning restrictions set by the Montana/Idaho Airshed Group. The practices established by the Airshed Group are considered Best Available Control Technology by the Department of Environmental Quality. The Forest Service is permitted to burn based on compliance with burning restrictions set by the Airshed Group and compliance with all other Federal and State laws and regulations. Endangered Species Act This decision is in full compliance with the Endangered Species Act. In accordance with Section 7(c) of the Endangered Species Act, as amended, there will be no effect to any federally listed species. Environmental Justice and Civil Rights Executive Order 12898, issued in 1994, requires consideration of whether projects would disproportionately impact minority or low-income populations. This decision complies with the Executive Order. Public involvement occurred for this project, the results of which I have considered in this decision. 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. The Civil Rights Act of 1964 provides for nondiscrimination in voting, public accommodations, public facilities, public education, federally assisted programs, and equal employment opportunity. Title VI of the Act, Nondiscrimination in Federally Assisted Programs, as amended (42 U.S.C. 2000d through 2000d-6) prohibits discrimination based on race, color, or national origin. This decision complies with this Act. APPEAL PROCESS AND IMPLEMENTATION Where no comment or other means of interest expressing concerns were submitted or only supportive comments were received during the comment period and that this decision does not modify the proposal, an appeal opportunity is not required (36 CFR (e)) and implementation of the decision can begin immediately (36 CFR 215.9(c)(1)) after publication of this decision (36 CFR (b)). Page 12 of 13

13 Lori Wood Helena National Forest Helena District Ranger Date The U.S. Department of Agriculture () 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. (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 s TARGET Center at (202) (voice and TDD). To file a complaint of discrimination, write to, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C , or call (800) (voice) or (202) (TDD). is an equal opportunity provider and employer. Page 13 of 13