DECISION MEMO. Pine Ridge Fire Vegetation Project. USDA Forest Service Fremont-Winema National Forest Chiloquin Ranger District Klamath County, Oregon

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1 DECISION MEMO Pine Ridge Fire Vegetation Project USDA Forest Service Fremont-Winema National Forest Chiloquin Ranger District Klamath County, Oregon Legal Location: Township 34 South, Range 7 East, Sections 25 and 26 Background The purpose of this project is to re-establish forest vegetation within the burned area of the Pine Ridge Fire to improve scenic quality, protect cultural values, enhance wildlife habitat and connectivity, and reduce the amount of fuel available to future wildfires. To achieve these goals the following actions will be taken: Removal of standing dead trees that are a danger to forest visitors using the area and forest workers who would plant trees in the project area. Replanting of ponderosa pine, Douglas-fir, and incense-cedar, reestablishing the ecological diversity lost in the fire. Removal of dead and/or dying trees contributing to an elevated fuel load which may increase the severity of future wildfires. Decision I have decided to implement the proposal to remove dead and/or dying trees on approximately 175 acres within the burned area through a commercial salvage operation. Residual fuels would be removed to reduce the fuel loading and reduce the need for future fuels treatments. Tree seedlings would be planted on 175 acres of the burn area following removal of dead and/or dying trees. An additional 20 acres having steep terrain and low volume would be planted without the removal of dead and dying trees. The majority (approximately 95%) of tree seedlings would be ponderosa pine. Trees would be replanted at the rate of 220 seedlings per acre where appropriate. No new roads will be constructed, only pre-existing landings and hauling roads will be used.

2 This action is categorically excluded from documentation in an environmental impact statement or an environmental assessment because this project meets the requirements defined in 36 CFR Part (e) (13); Salvage of dead and/or dying trees not to exceed 250 acres, requiring no more than ½ mile of temporary road construction. The proposed action may include incidental removal of live or dead trees for landings, skid trails, and road clearing. The categorical exclusion is appropriate in this situation. Although two of the resource conditions as listed in 36 CFR (b) (1) (vi) and (vii) related to American Indian cultural sites exist within the project area, there will be no effects on these resources. This determination is based on the mitigation measures listed on page three. I considered comments received during the scoping process and have decided that they have been addressed through project design, Best Management Practices and/or mitigation measures prescribed in specialist reports. Public Involvement The Request for Public Comment notice appeared in the paper of record, the Herald and News, on November 26, The scoping letter was mailed on November 26, 2008 to 57 individuals or organizations. The scoping letter was also delivered to the Klamath Tribes on November 26, The mailing list is available from the project file. Several supporting comments were received. Comments requiring a response were received from Jerry Bastian; Kyle Haines, Klamath Forest Alliance; Chandra LeGue, Oregon Wild; and Sally Wells, Concerned Friends of the Winema. Comments received from Sally Wells were responded to both in writing and by phone in December. Comments from Oregon Wild were addressed during a conference call with Chandra LeGue and several members of the IDT on January 15, On January 20, 2009 members of the IDT met with Kyle Haines of the Klamath Forest Alliance to review the project area and discuss their concerns. The Klamath Tribes was consulted during and immediately after the fire and have actively participated in aspects of project design. A Post-Fire Recovery Initial Thoughts and Observation memo, dated June 21, 2008 from Will Hatcher, Klamath Tribes Natural Resources Director, to myself, documents the tribes concerns and preferences regarding protection activities for both cultural and natural resources. Comments received and our responses to them are available in the project record.

3 Findings Required by Other Laws This decision is consistent with management direction, including standards and guidelines, as outlined in the Winema Forest Land and Resource Management Plan, as amended, and the Final Environmental Impact Statement documenting the analysis for the Plan as required by the National Forest Management Act. The project was designed in conformance with forest plan decisions for the Scenic Management, Middleground Partial Retention Area (MA 3C). The goal for Management Area 3C is to provide attractive scenery that contributes to the visual strength of the characteristic landscape. HYDROLOGY This action will comply with requirements of the Clean Water Act. CULTURAL No significant impact is expected on cultural resources. All project activities will adhere to the required mitigation measures as specified in the specialist report. Cultural Resource inventories were completed in the summers of 1986, 1996, and A total of 290 acres have been adequately surveyed, representing nearly 100 percent of the project area. SHPO concurrence was signed on November 17, 2008, John Kaiser, Forest Archeologist. Mitigation Measures The Heritage Resource Specialist report includes standard mitigation measures that ensure protection of cultural sites. The following are abbreviated versions of these mitigations: Protection of heritage resource sites by avoidance. If previously undiscovered sites are found during the course of project activities all activities will cease and the site area will be protected until the site is recorded and evaluated by a qualified archaeologist. See Timber Sale Contract clause C6.24. Prior to implementation and layout phases, the archaeologist or a cultural resource technician will be actively engaged during the entire layout phases of all timber and fuel reduction treatment areas. Protective buffers around rock feature/vision quest site will ensure that trees are not inadvertently felled onto sites. All cultural and historic sites along or adjacent to treatment areas will be flagged for identification and protection. Cultural resource monitors will be used to monitor activities. WILDLIFE

4 No significant impact is expected on Proposed, Endangered, Threatened, or Sensitive (TES) terrestrial species. All other terrestrial wildlife TES species received a determination of No Effect, No Impact, or May Impact Individuals or Habitat, but will not likely contribute to a trend toward federal listing or loss of viability to the population or species (MIIH). Mitigation Measures: Due to the proximity of a known bald eagle nest, mitigation measures and project design features as specified in the Wildlife Specialist Report (page 10 and page 33) will be adhered to during the life of the project. Mitigations and project design features are listed on page 33 of the Wildlife Specialist Report. Number 2 of these mitigation and project design features emphasizes minimum snag retention requirements (see table). The actual snag retention numbers for this project are expected to significantly exceed these minimums. BOTANY No significant impact is expected on any Federally Listed, proposed, or Candidate plant or fungi species. No significant impact is expected on any Region 6 Sensitive Species plant or fungi as they are not known to occur in or near the project area. These determinations may be found in the Botany and Terrestrial Mollusk Biological Evaluation on file in the project record. NOXIOUS WEEDS These mitigation measures will decrease the potential for the introduction of invasive species to the project area. Mitigation Measures Mitigation measures and implementation measures as specified in the Botany Report will be adhered to during the life of the project. These measures include: Requiring off-road equipment to be fee of soil, seeds, vegetative matter, or other debris that could contain or hold seeds prior to coming onto National Forest lands Standard contract clause (WO-C/CT 6.36) requiring cleaning of off-road equipment prior to entry onto the Forest The project area will be monitored for noxious weeds after completion of the salvage sale by the Zone Botanist. OTHER No significant impact is expected on parkland, floodplains, wetlands, prime farmlands, wild and scenic rivers or ecologically critical areas. Best Management Practices, as recommended in the Hydrologist Report on file with the project record, will protect water quality during implementation of the proposed activities. There are no anticipated significant impacts on consumers, minority groups, American Indians, women or civil rights. There are no anticipated significant impacts to Treaty and trust responsibilities with the Klamath Tribes. There are no known significant indirect, cumulative, or unavoidable adverse effects on the

5 environment. There is no threat to public health or safety. Implementation of this proposal meets the resource protection requirements of 36 CFR Administrative Review or Appeal Opportunities This decision is subject to appeal pursuant to 36 CFR, part 215. Any written notice of appeal of the decision must be fully consistent with 36 CFR , Appeal Content. The notice of appeal must be filed hard copy or hand delivered to the address below during business hours, 9 am to 4:30 pm Monday through Friday. USDA, Forest Service Fremont-Winema National Forest ATTN: Karen Shimamoto, Forest Supervisor 1301 South G Street Lakeview, OR The Notice of Appeal may alternatively be faxed to: USDA, Forest Service Fremont-Winema National Forest ATTN: Karen Shimamoto, Forest Supervisor (541) Or sent electronically to appeals-pacificnorthwest-fremont-winema@fs.fed.us, The appeal must be postmarked or delivered within 45 days of the day after the legal notice for this decision appears in the Klamath Falls Herald and News, the publication of record. The publication date of the legal notice in the newspaper of record is the exclusive means for calculating the time to file an appeal ( (a)). The day after the publication of the legal notice of the decision in the Klamath Falls Herald and News is the first day of the appeal-filing period. Those wishing to appeal should not rely on dates or timeframes provided by any other source. Electronic appeals must be submitted as part of the actual message, or as an attachment in Microsoft Word (.doc), rich text format (.rtf) or portable document format (.pdf) only. s submitted to addresses other than the one listed above, in other formats than those listed, or containing viruses will be rejected. Only individuals or organizations that submitted comments during the comment period may appeal. It is the appellant s responsibility to provide sufficient project or activity specific evidence and rationale, focusing on the decision, to show why the Responsible Official s decision should be reversed. At a minimum, an appeal must include the following: Appellant s name and address, with a telephone number if available; Signature or other verification of authorship upon request (a scanned signature for electronic mail may be filed with the appeal);

6 The name of the project or activity for which the decision was made; The name and title of the Responsible Official; The date of the decision; Any specific change(s) in the decision that the appellant seeks, and rationale for those changes; Any portion(s) of the decision with which the appellant disagrees, and explanation for the disagreement; Why the appellant believes the Responsible Official s decision failed to consider the appellant s comments; How the appellant believes the decision specifically violates law, regulation, or policy. When multiple names are listed on an appeal, identification of the lead appellant (215.2) must be included. Verification of the identity of the lead appellant must be made available upon request. If no appeal is received, implementation of this project will not occur prior to 5 days after the end of the appeal period. If an appeal is filed, implementation will not occur prior to 15 days following the date of appeal disposition. If multiple appeals are filed, the disposition date of the last appeal will control the implementation date. Contact Person For additional information concerning this decision or the Forest Service appeal process, contact the project lead, Brian Sebastian, SW Zone Assistant Silviculturist, Hwy 97 North, Chiloquin, OR /s/mike Lawrence January 28, 2009 MIKE LAWRENCE District Ranger Chiloquin Ranger District RESPONSIBLE OFFICIAL DATE