DRAFT DECISION MEMO. Auk Auk /Black Diamond (Trail 44) Re-route

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1 DRAFT DECISION MEMO Auk Auk /Black Diamond (Trail 44) Re-route USDA Forest Service Mendocino National Forest, Grindstone Ranger District Colusa County, California I. Background Trail 44 is a major Off- Highway Vehicle (OHV) trail artery for the Grindstone Ranger District trail system and serves to disperse use throughout the entire system. A recent land line survey determined a portion of Auk Auk/Black Diamond Trail (Trail 44) crosses private property. Following the findings of the land line survey the trail was closed. Rerouting the trail will help to avoid public trespassing across private property and improve the trail system. Project area vegetation type consists of dry grassland, chaparral, and gray pine. Elevation is between 1,300 and 1,500 ft. The project area is located approximately 4.25 miles southwest of the community of Stonyford, CA (T18N R7W Sec. 35). II. Decision to be Implemented The Grindstone Ranger District of the Mendocino National Forest is proposing to reroute a section of an off-highway vehicle (OHV) trail from private property. The process of the reroute consists of constructing a segment of approximately 1,800 ft of trail to provide access around private property. The new section of trial will be designed, constructed, and maintained in accordance with standards in the Trails Handbook, FSH , and prescribed design features and Best Management Practices (BMPs) will be utilized for resource protection. Refer to Appendix A for detailed description of the proposed action, environmental protection measures, and a project map. III. Purpose and Need A. Existing Conditions Although trail 44 is currently closed because it crosses private property, it is designated as a seasonal trail; meaning if it were to be open again, it would be closed from November 14 th August 2 nd of every year (Recreation Report, Section: Existing Condition; A) to minimize disturbance to deer fawning and quail nesting (LRMP IV-92). Trail 44 is one of two trails that connect the Wolf Creek staging area to the North Fork OHV campground. Page 1

2 The trail closure has caused fewer routes to connect the trail system, which limits OHV recreational opportunities. There is a concern that other trails will likely see increased use and possible overuse which could result in negative impacts to the trails. B. Desired Conditions The purpose of rerouting the trail from private property is to satisfy the following needs: One need or desire is to minimize potential private property tresspassing. o The reroute will avoid private property. Another need is to minimize the impacts on the surrounding trails that serve to connect the Wolf Creek staging area with OHV campgrounds, trailheads, and the rest of the trail system. o By rerouting the trail and opening the trail back up to OHV recreationists will allow users an alternate route to access the trail system which could minimize increased impacts on other trails. The trail reroute would ultimately disperse OHV use among the entire trail system and enhance trail sustainability. There is also a need to enhance recreational OHV opportunities. o Re-opening the trail will once again serve OHV recreationists with an additional route to access the trail system. IV. Management Area and Direction The proposed project is located in Management Area 3 Fouts/Summit Springs. This project meets management direction by encouraging dispersed use toward Management Area #4-Sullivan. Trail 44 reroute will allow the trail to be reopened and connect the Wolf Creek staging area with OHV campgrounds, trailheads and the trail system. This project responds to the Recreation Forest Plan Goal, Provide for a full range of developed and dispersed recreation opportunities at levels meeting projected demand and within the physical limits and resource capabilities of the Forest. Rerouting the trail and reopening it would help disperse OHV use among the entire trail system which would provide for a full range of developed and dispersed recreation opportunities. V. Reasons for Categorically Excluding the Decision Agency policy at 36 CFR 220.6(a) states that a proposed action may be categorically excluded from further analysis and documentation in an environmental impact statement (EIS) or environmental assessment (EA) only if the action is within one of the categories established by the Secretary of Agriculture at 7 CFR part 1b.3 or listed in 36 CFR 220.6(d) or (e), and there are no extraordinary circumstances related to the proposed action. A. Category of Exclusion: The Trail 32 Reroute project fits a categorical exclusion under 36 CFR 220.6(e)(1), Construction and reconstruction of trails. Page 2

3 B. Relationship to Extraordinary Circumstances: I find that there are no extraordinary circumstances that would warrant further analysis and documentation in an EA or EIS. I took into account resource conditions identified in agency procedures that should be considered in determining whether extraordinary circumstances might exist: 1. Federally listed Threatened, Endangered, Proposed and Forest Service Sensitive Species or their Critical Habitat (Endangered Species Act: Section 7): 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. Potential effects of the proposed action on wildlife, fish, and rare plant species were analyzed in various documents. Federally Threatened and Endangered wildlife species and Forest Service Sensitive wildlife species were analyzed and documented in a Wildlife Biological Assessment (BA) and Evaluation (BE) report dated April, Threatened, endangered and Sensitive (TES) fish species were analyzed in a Fisheries BE/BA dated April, 2014, based on the species list obtained from the Sacramento Fish and Wildlife Service Office dated June 7 th, Threatened, Endangered, and Sensitive plant species were analyzed in a Botany BA/BE dated April, The Auk Auk Trail Reroute Wildlife BA/BE determined the following: Federally Threatened, Endangered Species: No effects to Northern Spotted Owl (NSO) habitat or Critical Habitat because NSO habitat and critical habitat is not present. No effects to the California red-legged frog because no potential habitat exists. No effects to the Valley elderberry longhorn beetle because elderberry was not detected during field review. Forest Service Sensitive Species: No effects to the bald eagle because habitat does not exist. No effects to the peregrine falcon because habitat does not exist. No effects to the northern goshawk because habitat does not exist. No effects to the marten because habitat does not exist. No effects to the fisher. Habitat does not exist. No effects to the California wolverine because habitat does not exist. No effects to the willow flycatcher because habitat does not exist. No effects to the Swainson s hawk because habitat does not exist. No negative effects to the pallid bat will occur. Foraging habitat would be modified. Removing chaparral will provide additional access to the bats for ground and shrub dwelling insects. Foraging bats would not be disturbed by Page 3

4 the daytime trail construction due to their nocturnal feeding behavior. Roost sites do not exist within or near the new trail prism. No effects to the townsend s big-eared bat because habitat does not exist. No effects to the western red bat because habitat does not exist. No negative effects to the fringed mytosis bat will occur. Foraging habitat would be modified. Removing chaparral will provide additional access to the bats for ground and shrub dwelling insects. Foraging bats would not be disturbed by the daytime trail construction due to their nocturnal feeding behavior. Roost sites do not exist within or near the new trail prism. No effects to the western pond turtle will occur because habitat does not exist. No effects to the foothill yellow-legged frog because habitat does not exist. No effects to the southern torrent salamander because habitat does not exist. No effects to the northern red-legged frog because it is located outside of the project area. The Auk Auk Trail Reroute Fisheries BE/BA determined: The project would not affect any threatened or endangered fish or their critical habitat because there are no ESA listed fish or Critical Habitat proximal to the project. The project will also not affect any FSS fish species including the hardhead because the project is located outside of its current range. The closest known occupied habitat is downstream of the forest boundary. The Botany BE/BA determined the project would would have no effect on: The threatened species water howellia (Howellia aquatilis) because there are no occurrences of water howellia in the Trail 44 area, nor is there any suitable habitat (Botany BE/BA and Wildlife BA/BE). There will be no effect on the endangered species Keck s checker-mallow because the proposed treatment area is above the suitable elevation range, and doesn t have grass oak savannah vegetation (Botany BE/BA). The proposed trail re-route will not lead to a trend toward listing for the following Forest Sensitive species: dimorphic snapdragon, Tracy s eriastrum, Drymaria-like western flax, balsam root and Stebbins madia. However, individual plants could be harmed or killed (Botany BE/BA). Soils in the project area are not the most suitable for any of these species and it is unlikely that they occur there. 2. Flood plains, wetlands, or municipal watersheds. The project takes place on upland slopes with low gradients. There are no wetlands, floodplains or watersheds used for municipal withdrawals and purposes in the project area (Hydrology Report, Section: 1.0). 3. Congressionally Designated Areas: Trail 44 Reroute is not located within congressionally designated Wilderness Areas or Wild and Scenic Rivers. Page 4

5 4. Inventoried roadless areas: The project is not located within any inventoried roadless areas. 5. Research natural areas: Trail 44 Reroute is not located within any Research Natural Areas (RNA). 6. Native American and Alaska Native Religious or Cultural Sites, Archaeological sites, or historic properties or areas: No previously recorded heritage resources were discovered and no new sites were located. All appropriate surveys, forms, documentation and approvals have been completed. With these processes and finding of no extraordinary circumstances the proposed project will have no effect on archaeological sites that are potentially eligible for inclusion or nomination to the National Register of Historic Places (Heritage Resource Project Approval Letter). VI. Other Resource Considerations A. Invasive Species: The project has a moderate risk of introducing, establishing, or spreading invasive plant species. There may be invasive species present in the area that will be disturbed. Mitigation measures are in place to reduce the number of weed propagules introduced from outside the site and to monitor the project area postimplementation (Appendix A; B2-B4), as part of an Early Detection Rapid Response strategy (Invasive Plant Risk Assessment Report; Section: Determination of Risk). B. Survey & Manage (S&M) Species: There are no known sites of any Survey and Manage species in the Auk-Auk Trail project area. Vegetation in the proposed project area consists of grassland and chaparral. Neither of these plant communities provide suitable habitat for any Survey and Manage species. Therefore, the proposed Auk-Auk Trail re-route cannot be considered habitat-disturbing for any Survey and Manage species. C. Management Indicator Species (MIS): The Action Alternative would have discountable effects on habitat for the California thrasher and black-tailed deer (Wildlife Specialist Report, Section: Conclusions for Chaparral Dependent Species) based on the following determinations: Habitat Capability for thrasher will remain at a High level after trail construction. Habitat Capability for deer will remain at a High level after trail construction. Page 5

6 There will not be an increase of human activity or trail mileage within the area since the original trail will no longer be used. Based upon this, we can conclude without further analysis that the Action Alternative would not prevent or retard the achievement of desirable arrangement of chaparral habitat for California thrasher and black-tailed deer. There are no present or reasonably foreseeable future projects proposed within the Action area that would affect habitat for these species. D. Migratory Birds: The Wildlife Specialist report determined that the project will not adversely affect migratory landbird species or their associated habitats. Approximately 0.2 total acres of grassland (0.14 acre) and chaparral (0.06 acre) that would be affected is spread out across 0.3 miles, thereby minimizing vegetation alterations at any given location on the trail. Rerouting this trail off of private land will eliminate OHV use within a riparian area, reducing disturbance to both riparian vegetation and the birds dependent on it. E. Watershed and Soils: This project is expected to have no direct or indirect hydrologic impacts including sedimentation issues, stream turbidity, changes in water temperature, water chemistry or a reduction in water quality during trail construction and OHV use. Further, there are expected to be no increased cumulative impacts from the use and construction of this project (Hydrology Report, Section: 1.0). VII. Public Involvement Pre-Scoping (Early notification to the public/interested parties to participate in the project) The Mendocino National Forest issued a News Release on March 4, 2011 informing the public of an opportunity to comment on the preliminary grant application for the project. This project was first listed in the Mendocino National Forest schedule of proposed actions in the October, 2012 edition. Response to the SOPA listing consisted of a request for scoping information from the Environmental Protection Information Center (EPIC). VIII. Findings Required by Other Laws I have determined that this action will comply with all applicable laws and regulations. Summarized below are the pertinent laws and regulations: Sensitive Species (Forest Service Manual 2670): Page 6

7 See above Section V and Section VI-B. This project complies with this Forest Service Manual direction. Forest biologists determined that the project is not likely to result in a trend toward listing or loss of viability of Mendocino National Forest Sensitive Species in the project area (Botany BA/BE, Fish BE/BA, and Wildlife BE). Clean Water Act: Forest management activities must be consistent with the Federal Clean Water Act and the California Porter-Cologne Water Quality Act, as given addressed in the Water Quality Control Plan for the Central Valley Region. This Plan contains water quality standards that include water quality objectives and protection of applicable beneficial uses. Best Management Practices will be implemented in the Project. Wetlands (Executive Order 11990): See above Section V, Item B2 of this document. Floodplains (Executive Order 11988): See Section V, Item B2 of this document. National Historic Preservation Act: This decision complies with the National Historic Preservation Act and the Programmatic Agreement with State Historic Preservation Office (project file). See Section V, Item B5 of this document. Archaeological Resources Protection Act: See Section V, Item B6 of this document. 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. IX. Contact Person For further information, please contact: Jeanette Williams, Mendocino National Forest, Grindstone Ranger District, 825 N. Humboldt Ave, Willows, CA (530) ******************************************************** 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 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, Page 7

8 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. Page 8