PRELIMINARY DECISION MEMO

Transcription

1 PRELIMINARY DECISION MEMO Snoqualmie Christmas Tree Project USDA Forest Service Mt. Baker-Snoqualmie National Forest Snoqualmie Ranger District King County, Washington Proposed Action, Purpose and Need The Christmas tree program on the Mt. Baker-Snoqualmie National Forest (MBS) has been popular with the public for well over 30 years. Demand for Christmas trees has remained constant even during difficult snow fall years or economic downturns. The Snoqualmie Ranger District (District) issues a majority (5,700 permits) of the Christmas tree permits sold annually on the MBS. Christmas trees have traditionally come from past clear-cut regeneration harvesting, which occurred from the 1970s to early 1990s, and subsequent reforestation of these harvested areas. Most (~95%) trees traditionally removed have been less than 12 feet in height, with some over-size sales accommodated to address the need for special venues and/or larger homes in the area. This project proposes to plant approximately 72,900 conifer seedlings to provide new Christmas tree cutting opportunities on approximately 324 acres of National Forest System lands within the I-90 and 410 highway corridors. With expected growth, most of these seedlings would become large enough to cut by the end of the current decade. Seedlings would be planted by hand on approximately 255 acres of recently thinned areas within the I-90 Corridor Thin Timber Sale and 69 acres of recently cleared openings within the Greenwater Elk Forage Management Project. Planting would be emphasized within created openings, log landings, and decommissioned temporary roads. Secondarily, this project would plant trees in areas suitable for planting and accessible by the public within portions of I-90 Corridor Thin timber sale and Greenwater Elk Forage Management units. A huge advantage to planting these areas is that future harvesters will have much safer access to these lower elevation trees. Current trees are located in high elevation. Driving snow-covered roads to these trees is often challenging and difficult. Purpose and Need: As stated above, the District sells about 5,700 Christmas trees annually. Most trees in traditional tree cutting areas are too large to cut as Christmas trees. In order to continue to meet public demand there is a need for creation of a young age class of trees in areas accessible to the public. Location The project is located within the Snoqualmie Ranger District, Mt. Baker-Snoqualmie National Forest in King and Pierce County, Washington. The project areas are located 1 of 10

2 within Township 22 N, Range 10 E (Sections 6, 11, 14, 15, 16, 21, 22 and 26); Township 23 N, Range 8 E (Section 6); and Township 19 N, Range 10 E (Sections 19 and 21). Decision I plan to implement the proposed action with a slight modification. Because of Muckleshoot Indian Tribe s concern over planting Christmas trees within recently created elk forage openings (see Public Involvement and Tribal Consultation section, below), I plan to drop the elk forage units from the Project and plant up to 57,400 conifer seedlings to provide new Christmas tree cutting opportunities on approximately 255 acres of NFS lands within recently thinned I-90 Corridor Thin Timber Sale units (See Project Selected Action Maps in Appendix A). This action is categorically excluded from documentation in an environmental impact statement or an environmental assessment because it qualifies for exclusion under Code of Federal Regulations, Title 36, Section (e) Category (5): Regeneration of an area to native tree species, including site preparation which does not involve the use of herbicides or result in vegetation type conversion. There are no extraordinary circumstances that might cause this action to have a significant effect on the quality of the human environment, individually or cumulatively. Project Design Features and Mitigation Measures The following management requirements and mitigation measures are integral components of this decision and will be adhered to and incorporated into the implementation of this project. Heritage Resources The following protective and avoidance measure is required in order to minimize impacts to any identified or unidentified heritage resource(s): 1. If an identified resource(s) is affected in an unanticipated way, or if a previously unidentified cultural resource(s) or human remains are discovered during project implementation, the activity shall be stopped in the area of the find and a reasonable effort made to secure and protect the resource(s). The Forest Service and the Forest Heritage Specialist shall be notified, and the Forest will ensure that federal agency responsibilities are fulfilled in accordance with the Programmatic Agreement and other applicable regulations (Stipulation III.B.5(c)). If human remains or cultural items specified in the Native American Graves Protection and Repatriation Act (NAGPRA) are located, regulations implementing NAGPRA shall be followed. Rationale for Decision I plan to implement a slightly modified version of the proposed action because it meets the purpose and need, as identified, and effectively addresses the Muckleshoot Indian Tribe s concern over planting Christmas trees within recently created elk forage openings. This decision will result in the planting of additional conifer seedlings in order 2 of 10

3 to provide a future source of Christmas Trees that will be suitable for cutting within the next 6-10 years. Reasons for Categorically Excluding the Action from Additional Documentation Specific actions may be categorically excluded from documentation in an environmental assessment (EA) or environmental impact statement (EIS). Agency procedures contained in Code of Federal Regulations (CFR), Title 36, Section state that a proposed action may be categorically excluded from documentation only if the action is within a category listed in Sections (d) or (e); and there are no extraordinary circumstances related to the decision that may result in significant individual or cumulative environmental effects. The proposed action qualifies for this exclusion under 36 CFR (e) Category (5): Regeneration of an area to native tree species, including site preparation which does not involve the use of herbicides or result in vegetation type conversion. Finding of No Extraordinary Circumstances I have determined that there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative environmental effect, as defined in 36 CFR (b). My determination is based on interdisciplinary team review, analysis, and documents in the Project Record, as summarized below for each resource condition listed in 36 CFR (b). 1. The project was analyzed to determine effects on federally-listed threatened or endangered species, designated critical habitat, species proposed for federal listing or proposed critical habitat, Forest Service Sensitive species, Survey and Manage species known or suspected of occurring on the Forest, and Forest Management Indicator species. Wildlife: Project activities are short-term. Disturbance will not extend into suitable habitat for federally listed, Sensitive, or Survey and Manage species. There will be No Effect on federally listed threatened and endangered species or their critical habitats, and there will be No Impact to Sensitive or Survey and Manage species. Fisheries: There would be no direct effects to fish or their habitats, as proposed project activities are not in stream. Planting trees by hand would entail very little ground disturbance, and would not involve mechanized equipment. As the trees grow, due to future harvest as Christmas Trees, and located outside Riparian Reserves, the trees will not provide shade or recruit to streams, and are not expected to measurably influence the rate or timing of in stream flows where fish are present. The project would have no indirect effects to fishery resources. Because the project would not have effects to fishery resources, there would be no effects to cumulatively contribute to past, present or reasonably foreseeable future effects; project activities would not contribute to cumulative effects to fishery resources. The effect determinations for federally listed fish and designated critical habitats are No Effect for Chinook, bull trout, steelhead, or to designated Chinook and bull trout critical habitats. For Chinook, Coho, and pink salmon Essential Fish Habitats, the 3 of 10

4 effect determinations are Would Not Adversely Affect. For Forest Service Region 6 Sensitive Species, proposed project activities would have No Impact on Coho, anadromous or resident coastal cutthroat, or Baker River sockeye. While there are no specific effect calls for management indicator species, proposed project activities would not affect the Forest wide viability of MIS fish populations, nor would they have an effect on the quality or quantity of their habitats in the South Fork Snoqualmie River (8/19/11 Fisheries Report). Botany: The project will occur within disturbed areas. It is unlikely that threatened, endangered, sensitive (TES), or proposed TES plant species or Survey and Manage plants are present. Additional field surveys, beyond what has already been completed for the I90 Corridor Thin Timber Sale (8/18/11 Botany Memo). 2. The ground disturbances associated with these activities will be negligible and outside of Riparian Reserves. Any liberated sediments would be dispersed across the forest floor to be captured by vegetation and debris prior to reaching streams and rivers. 3. The project is not within a floodplain, channel migration pattern, wetland or municipal watershed. 4. The project does not occur in any Congressionally designated areas, such as wilderness, wilderness study area, or National Recreation Area. 5. The project does not occur in an Inventoried Roadless Area. 6. The project is not situated in or near a Research Natural Area (RNA). 7. The project will not adversely affect any known American Indian religious or cultural sacred sites. The Federal government has trust responsibilities to Tribes under a government-to-government relationship to ensure that the Tribes reserved rights are protected. Consultation with Tribes helps ensure that these trust responsibilities are met. The District Ranger consulted by mail on August 4, 2011 with the Muckleshoot Indian Tribal Council, Puyallup Tribal Council, Snoqualmie Tribe, Tulalip Board of Directors and Yakama Tribal Council. No comments were received in regard to potential impacts to known American Indian religious or cultural sacred sites. However, to address the Muckleshoot Indian Tribe s concerns with planting of Christmas Trees within Elk Forage openings, these planting units were dropped. 7. An appropriate cultural resource inventory has been conducted for this undertaking, and no properties potentially eligible for the National Register of Historic Places have been located; therefore, the undertaking meets the criteria given in Stipulation III.B.1 of the 1997 Programmatic Agreement Regarding Cultural Resources Management on National Forests in the State of Washington. The undertaking may proceed. Protection and avoidance measures are required as stated above. Public Involvement and Tribal Consultation Internal scoping was completed and indicated that external scoping would be appropriate. The Muckleshoot Indian Tribal Council, Puyallup Tribal Council, Snoqualmie Tribe, Tulalip Board of Directors and Yakama Tribal Council were contacted by mail on August 4 of 10

5 4, The Muckleshoot Indian Tribal Council did respond on September 9, 2011 and raised a specific concern with the impacts seedlings planted in the recently established Greenwater elk forage areas would have overall on big game use and utilization of these areas. There were no other concerns by the Muckleshoot Tribe with the planting proposed in the I90 Corridor Thin Timber Sale units. As stated in my decision, because of the Muckleshoot Indian Tribes concern, I dropped planting of Christmas trees in the elk forage openings from the project. There were forty-four members of the public who were also contacted by mail on August 4, 2011 regarding comments on this project. No written or verbal comments have been received. Findings Required by Other Laws and Regulations National Forest Management Act of 1976: As required by 36 CFR 219.8(e), this decision is consistent with Mt. Baker-Snoqualmie National Forest Land and Resource Management Plan, as amended (Forest Plan). The project is located within lands allocated to Matrix Management Area (MA) 27 Scenic Forest and Matrix Management Area 2B Scenic Viewshed. The project would be consistent with the Aquatic Conservation Strategy at the site, project, and watershed scales (8/19/11 Fisheries Report, and 8/23/11 Water Resources Report). The project will also be compatible with MA 27 (Forest Plan, p ) and MA 2B (Forest Plan, p ) objectives and standards and guidelines for miscellaneous forest product use. National Historic Preservation Act: My decision complies with this Act. An appropriate cultural inventory has been conducted for this undertaking and no properties potentially eligible for the National Register of Historic Places have been located; therefore, the undertaking meets the criteria given in Stipulation III.B.1 of the 1997 Programmatic Agreement. The undertaking may proceed. Clean Water Act: My decision complies with this Act. The only anticipated impacts to water quality may occur from sedimentation of fine particles during and immediately following planting activities. These effects to water quality would be negligible and have no impact on downstream municipal water supplies. Endangered Species Act: My decision complies with this Act. For effects findings on threatened, endangered, or sensitive species, see the Finding of No Extraordinary Circumstances section, above. National Environmental Policy Act: My decision complies with this Act. The entirety of documentation for this project supports that the analysis and decision comply with this Act. Administrative Review or Appeal Opportunities In light of a recent court ruling (Sequoia ForestKeeper v. Tidwell, 11-cv LJO-DLB (E.D. Cal.)), the Forest Service will provide public notice, comment, and opportunity for administrative appeal for this project since the activities documented in this Decision Memo (36 CFR 220.6(e)) come under the injunction restrictions issued by the court. Only 5 of 10

6 those who provide comments in this proposal during the 30-day comment period will be eligible to appeal the decision pursuant to 36 CFR part 215 regulations. Appeals must be filed with the Appeal Deciding Officer, who is the Forest Supervisor, Mt. Baker-Snoqualmie National Forest. Appeals filed by regular mail or express delivery must be sent to: Appeal Deciding Officer, Attn: 1570 Appeals, 2930 Wetmore Avenue, Suite 3A, Everett, Washington, They may be faxed to (425) , sent electronically to or hand delivered to the above address between 8:00 AM and 4:30 PM, Monday through Friday except legal holidays. Appeals, including attachments, must be postmarked or delivered within 45 days after the publication date of this notice in the Snoqualmie Valley Record, the newspaper of record, North Bend, Washington. The publication date in the newspaper of record 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. Electronic appeals must be submitted in Microsoft Word (.doc), rich text format (.rtf), portable document format (.pdf), or as an message. ed appeals must include the project name in the subject line. 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. It is the responsibility of those who appeal to ensure their appeal is 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 such an automated acknowledgement, it is the sender s responsibility to ensure timely receipt by other means. Implementation Date Implementation of this decision will occur within approximately two years. Contact Person For additional information concerning this decision contact: Rachel Lipsky, Environmental Coordinator Snoqualmie Ranger District 902 S.E. North Bend Way, Bldg. 1 North Bend, WA Phone: (425) rslipsky@fs.fed.us JIM FRANZEL District Ranger Snoqualmie Ranger District Date 6 of 10

7 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 individuals 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, DC , or call (800) (voice) or (202) (TDD). USDA is an equal opportunity provider and employer. 7 of 10

8 Appendix A Selected Action Map A 8 of 10

9 Appendix A Selected Action Map B 9 of 10

10 Appendix A Selected Action Map C 10 of 10