Wetland Creation Project. Decision Memo

Transcription

1 Wetland Creation Project UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Eastern REGION Monongahela NATIONAL FOREST West Virginia Decision Memo USDA Forest Service, Eastern Region, Monongahela National Forest Gauley Ranger District Nicholas and Webster Counties, West Virginia July, 2011 Ephemeral wetland constructed in 2008 For Information Contact: Jay Martin Gauley Ranger District Monongahela National Forest 932 North fork Cherry Road Richwood, WV (304) ext. 124 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 a 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 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. Decision Memo Gauley District Wetland Establishment Project Page 1 of 7

2 I. DECISION TO BE IMPLEMENTED A. Description of Decision My decision is to establish small wetlands on mountain ridges at 74 scattered locations (see attached map) to provide habitat to many animal and plant species. Amphibians such as the wood frog and spotted salamander would use the new wetlands. The water in wetlands would likely be used by northern long-eared bat, Indiana bat (Federally Endangered Species), eastern small-footed bat (Forest Service Sensitive Species), and other bat species, being of great value to pregnant and nursing bats. Birds such as wild turkey, wood duck, hooded merganser, and Louisiana water thrush would use the wetlands. Other species such as black bear and white-tailed deer would also utilize these wetlands and their associated vegetation. Beautiful flowering plants such as the cardinal flower, rose mallow, and buttonbush can be expected to grow in and around the wetlands. B. Purpose of Decision Natural wetlands are uncommon on the Monongahela National Forest. It is estimated that 24-percent of the original wetlands in West Virginia have been lost. 1 Evidence of historic actions taken to drain wetlands was identified on mountain ridges at and near some of the proposed wetland establishment locations. These areas may have been drained for growing crops and for road construction prior to National Forest designation. The project implements direction contained in Executive Order for Federal Agencies to preserve and enhance the natural and beneficial values of wetlands. Small wetlands would be established on mountain ridges that are widely spaced to provide water for bats. Clusters of wetlands of various depth and size would be established to improve habitat for frogs, toads, and salamanders. The highly successful techniques developed for restoring and establishing wetlands by the Center for Wetlands and Stream Restoration would be used for this project. 234 The wetlands would clean run-off by slowing water velocity. They would increase wildlife viewing and hunting opportunities and add to the beauty of the landscape. The project would help meet the following direction contained in the Land and Resource Management Plan for the Monongahela National Forest: 1 Dahl, T.E., Wetland losses in the United States, 1780s to 1980s. U.S. Department of the Interior, U.S. Fish and Wildlife Service, Washington, DC, USA. 2 Thomas R. Biebighauser, Wetland Drainage, Restoration, and Repair, Lexington, KY, University Press of Kentucky, Thomas R. Biebighauser, A Guide to Creating Vernal Ponds, USDA Forest Service, 33 pp., Center for Wetlands and Stream Restoration: Decision Memo Gauley District Wetland Establishment Project Page 2 of 7

3 Goal TE01: Provide habitat capable of contributing to the survival and recovery of species listed under the ESA. Provide habitat that may help preclude Proposed species from becoming listed. Goal TE04: Within watershed-level planning units, identify TEP species habitat and opportunities to maintain, restore, or enhance habitat conditions. Design and implement management actions at the project level to address opportunities and provide for ecological conditions, population viability, reproductive needs, and habitat components for TEP species. Goal WF01: Provide habitat diversity that supports viable populations of native and desired non-native wildlife and fish species, including Management Indicator Species (MIS), game species, and furbearers, and keeps RFSS from a trend toward federal listing. a) During watershed or project-level analysis, identify and prioritize opportunities to maintain or restore habitat for RFSS, Birds of Conservation Concern, and other species of interest. b) Within watershed-level planning units, maintain, enhance, or restore representative examples of habitats that would be expected under unmanaged conditions, to the extent allowed by land ownership patterns, existing conditions, and management prescription emphasis. Goal WF03: Provide habitat for those wildlife and fish species that contribute to social and recreational opportunities, such as hunting, fishing, trapping, and wildlife viewing. II. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION 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 31.2 as, and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative effect on the quality of the human environment. I have concluded that this decision is appropriately categorically excluded from documentation in an environmental impact statement or environmental assessment as it is a routine activity within a category of exclusion and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative effect on the quality of the human environment. My conclusion is based on information presented in this document and the entirety of the Project File (PF). A. Category of Exclusion The decision is within the category of exclusion 36 CFR 220.6(e)(6) that states, Timber stand and/or wildife habitat improvement activities which do not include the use of herbicides or do not require more than one mile of low standard road construction (Service Decision Memo Gauley District Wetland Establishment Project Page 3 of 7

4 level D, FSH ).. This project does not include the use of herbicide and does not include any road construction and, therefore, fits into this category. B. Relationship to Extraordinary Circumstances 1. Threatened and Endangered Species or Their Critical Habitat and Regional Forester s 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. In accordance with Section 7(c) of this Act, a list of the listed and proposed, threatened or endangered species that may be present in the project area was compiled. There is no critical habitat for any federally listed species within the area. As required by this Act, potential effects of this decision on listed species have been analyzed and documented in a Biological Evaluation. It was determined that this decision will not likely adversely affect the Indiana bat and will have no effect on the other listed species or their critical habitats. Manual direction at 2670 requires analysis of potential impacts to sensitive species, those species for which the Regional Forester has identified population viability is a concern. On October 13, 2006, the Regional Forester approved the sensitive species list. Potential effects of this decision on sensitive species have been analyzed and documented in a Biological Evaluation. This decision will not lead to the loss of viability, or cause a trend toward federal listing, of any species on the Regional Forester s sensitive species list. 2. 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 floodprone 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. This decision does not include activities within floodplains. This has been validated by map and site-review. Therefore, the project will have no significant floodplain-related impacts. Wetlands: 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. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds. Decision Memo Gauley District Wetland Establishment Project Page 4 of 7

5 This decision does not include activities within wetlands. This has been validated by map and site-review. Therefore, the project will have no significant wetland-related impacts. Municipal Watersheds: Municipal watersheds are managed under multiple use prescriptions in land and resource management plans. There are no municipal watersheds on the Forest. This decision will not affect municipal watersheds. 3. Congressionally Designated Areas - Wilderness: This decision does not affect Wilderness. The project is not in Wilderness. Wilderness is identified on the Forest as Management Prescription 5.0 (Plan, p. III-18). The project is located in Management Area 3.0. The closest Wilderness, Cranberry Wilderness Area, is over 5 miles away from the nearest site. This decision, with impacts limited to the immediate area of activity, will not affect the Wilderness Area. Wilderness Study Areas: This decision does not affect Wilderness Study Areas (Recommended Wilderness). The project is not in or near Recommended Wilderness. Recommended Wilderness is identified on the Forest as Management Prescription 5.1 (FP, p. III-26). This decision will not affect Recommended Wilderness Areas. National Recreation Areas: This decision does not affect National Recreation Areas (NRA). The project is not in or near the NRA. The only NRA on the Forest is Spruce Knob-Seneca Rocks NRA and is identified on the Forest as Management Prescription 8.1 (FP, p. III-26). This decision will not affect the NRA. 4. Inventoried Roadless Areas - There are no inventoried roadless areas (RARE II or Forest Plan) in the decision area (FP FEIS, Appendix C). This decision will not affect inventoried roadless areas. 5. Research Natural Areas - There are no Research Natural Areas on the Forest (FP FEIS, p. 1-26). This decision does not affect Research Natural Areas. 6. American Indian and Alaska native religious or cultural sites This decision will not affect American Indian and Alaska native religious or cultural sites. There are no tribal trusts or ceded lands in the proclamation boundary or in West Virginia. There are also no federally recognized Indian tribes in West Virginia. Archaeological sites, or historic properties or areas No archaeological sites or historic properties will be impacted. This decision will have no effect to cultural resources. Decision Memo Gauley District Wetland Establishment Project Page 5 of 7

6 No other extraordinary circumstances related to the project were identified. III. PUBLIC INVOLVEMENT The project was reviewed by several Forest Service professionals, representatives from the West Virginia Department of Natural Resources (WVDNR) with expertise in wildlife management, hydrology, forestry and archeology. Public involvement included listing in the Forest's Schedule of Proposed Actions and a scoping letter was mailed to interested parties and made available on the forest website. 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 ones below. Forest Plan Consistency (National Forest Management Act) - This Act requires the development of long-range land and resource management plans (Plans). The Monongahela National Forest Land and Resource Management Plan was revised in 2006, as required by this Act. The plan provides for guidance for all natural resource management activities. The Act requires all projects and activities be consistent with the Plan. The Plan has been reviewed in consideration of this project. This decision is responsive to guiding direction contained in the Plan, as summarized in Section I of this document. This decision is consistent with the Plan. Endangered Species Act - See Section II, Item B1 of this document (Project File). Sensitive Species (Forest Service Manual 2670) - See Section II, Item B1 of this document. (Project File) Clean Water Act - This Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through the use of Best Management Practices. This decision incorporates Best Management Practices to ensure protection of soil and water resources (Project File). Wetlands (Executive Order 11990) - See Section II, Item B2 of this document. Floodplains (Executive Order 11988) - See Section II, Item B2 of this document. National Historic Preservation Act - See Section II, Item B7 of this document. Archaeological Resources Protection Act - See Section II, Item B7 of this document. Native American Graves Protection and Repatriation Act - See Section II, Item B6 of this document. Decision Memo Gauley District Wetland Establishment Project Page 6 of 7

7 Wild and Scenic Rivers Act - See Section II, Item B4 of this document. Environmental Justice (Executive Order 12898) - 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 this 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 OR APPEAL OPPORTUNITIES This decision is not subject to notice, comment, and appeal pursuant to 36 CFR (f) and VI. IMPLEMENTATION DATE This decision may be implemented immediately. Implementation is scheduled to begin on or after July 25, VII. CONTACT PERSON Further information about this decision can be obtained from Jay Martin during normal office hours (weekdays, 8:00 a.m. to 4:30 p.m.) at the Gauley Ranger Station office (Address: 932 North Fork Cherry Road, Richwood, WV ; Phone: voice (304) , TDD (304) (hearing impaired); Fax: (304) VIII. SIGNATURE AND DATE /s/ Jared Johnson 7/25/2011 Jared Johnson Gauley District Ranger Responsible Official Date Decision Memo Gauley District Wetland Establishment Project Page 7 of 7