Decision Memo. USDA Forest Service, Eastern Region. Green Mountain National Forest

Transcription

1 United States Department of Agriculture Forest Service May 2010 OTTER CREEK HEADWATERS LARGE WOODY DEBRIS PROJECT Decision Memo USDA Forest Service, Eastern Region Green Mountain National Forest Manchester Ranger District Town of Mt Tabor, Rutland County, Vermont For Information Contact: Dan Mckinley Rochester Ranger District, Green Mountain National Forest 99 Ranger Road Rochester, VT (802) x516 Responsible (Deciding) Official: Alex Sienkiewicz District Ranger, Manchester Ranger District Green Mountain National Forest (802) x212 FAX (802) This document can be made available in large print. Contact Dan McKinley (802) x516

2 The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or familial status. (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 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-w, Whitten Building, 1400 Independence Ave. SW, Washington, DC or call (voice or TDD). USDA is an equal opportunity provider and employer. Otter Creek Headwaters LWD Project Page 2 of 12

3 DECISION MEMO Otter Creek Headwaters Large Woody Debris Project May 2010 USDA Forest Service, Eastern Region, Green Mountain National Forest Manchester Ranger District Town of Mt Tabor, Rutland County, Vermont I. SUMMARY As District Ranger for the Manchester Ranger District of the Green Mountain National Forest (GMNF), I am authorizing the Otter Creek Headwaters Large Woody Debris Project in the Town of Mt Tabor, Rutland County, Vermont. The Project will restore stream habitat, function and morphology by placing large woody debris (LWD) in two headwaters streams of Otter Creek (Figures 1 and 2). These streams are Ten Kiln Brook and Big Branch Brook, and their un-named first order tributaries. II. DECISION TO BE IMPLEMENTED A. Background and Project Area Forest streams proposed for LWD restoration, including Big Branch, were inventoried between 1987 and 1997 to determine existing concentrations of LWD. Evaluations of these data indicate that most Forest streams do not meet the 2006 Forest Plan s Objective for fish (stream) habitat (2006 Forest Plan, P ). More specifically, they are often deficient in the amount of LWD (trees with and without root systems) and in-stream cover, pool quantity and quality, or have high stream sedimentation levels in spawning or rearing habitat. The forested stands in the Otter Creek Headwaters LWD Project area are approximately 75 to 100 years old. This relatively young age indicates that natural recruitment of LWD greater than 12 inches in diameter will be low for decades to come. To address these deficiencies and implement habitat restoration, LWD will be placed in the streams. Large woody debris greatly influences stream function, channel morphology and aquatic habitats. Using the stream s natural flow regime, woody debris stores, sorts, and distributes sediment; creates habitat features such as pools and riffles; adds habitat diversity; and provides cover. LWD also traps and retains organic matter that is consumed by aquatic organisms and adds nutrients to the aquatic ecosystem. A large number of fish and insect species occupy the pools and riffles created by woody debris. Current scientific literature and research indicates that under natural, properly functioning conditions, upland streams on the Forest should attain LWD quantities of pieces of LWD per mile of stream. The 2006 Forest Plan objective for stream habitat includes managing to provide LWD quantities between 75 and 130 pieces greater than 12 inches diameter per mile and approximately 100 pieces between 8 and 12 inches diameter per mile (Forest Plan, p. 14). Table 1 compares the desired LWD quantities and pool habitat with the existing conditions for LWD and pool habitat in Big Branch Brook. Otter Creek Headwaters LWD Project Page 3 of 12

4 Table 1. LWD and Pool Habitat. Stream # LWD/Mile Pool Habitat Percent Pool Area Forest Plan Objective % Big Branch Brook 28 19% Ten Kilns Brook Not Surveyed Forest Plan Objectives establish the desired condition for fish habitat. Amounts of LWD across Big Branch streams (about 28 pieces/mile) average less than 20% of the expected minimum natural LWD quantities. Although Ten Kilns Brook has not been surveyed, visual observations and anecdotal evidence indicates similar LWD loading. Pool area in the streams is low, and the percentage of pools providing LWD cover habitat for native fish and aquatic insects is very low. It is expected that three to four pieces of LWD per 100 feet of stream will be needed to meet the Desired Future Condition. B. Purpose and Need The purpose of this project is to meet Forest Plan Objectives for desired stream habitat conditions by restoring stream functions and processes and improving aquatic habitat associated with in-stream LWD. Restoring stream function is also one of the 2006 Forest Plan Goals. The Project is needed to remedy deficiencies in existing quantities of LWD and percent pool area in the headwaters streams of Otter Creek. C. Description of Decision This Project will add LWD into sections of Ten Kilns and Big Branch Brooks and their unnamed first order tributaries. Some of the upper portions of the tributaries lie in the Peru Peaks Wilderness. All stream improvement will stop at about 50 to 100 feet outside of the Wilderness boundaries. The work will involve the use of chainsaws to fall an average of three to four pieces of LWD per 100 feet of stream (approximately 150 trees per mile) from the riparian area into the stream channel so stream processes and LWD function (i.e., creation of pools, cover, spawning areas) can be restored. Table 2 represents the approximate mileage of the Project along each stream. Table 2. Approximate stream mileage along which placement of LWD will occur. Stream Ten Kilns Brook and tributaries Big Branch Brook Mileage 2.4 miles 2.8 miles Of the trees to be felled, half of the trees will be a minimum of 12 inches diameter at breast height (dbh), with the remaining trees between 8-12 inches dbh. The placement of trees will be accomplished through directional felling, directly into the stream channel. No heavy equipment will be used. Project implementation will begin in the summer of Depending on availability of funds and labor, implementation may occur in stages over a period of years. Otter Creek Headwaters LWD Project Page 4 of 12

5 This decision is based upon an environmental analysis conducted by Forest Service personnel. This information is located in the Project Record at the GMNF Manchester Ranger District Office in Manchester Center, Vermont. III. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION Decisions may be categorically excluded from documentation in an environmental impact statement or an environmental assessment when they are within one of the categories found at 36 CFR 220.6, and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative environmental effect. A. Category of Exclusion Based upon the environmental analysis contained in the Project Record and on experience with similar activities on the GMNF and other NFS lands, I have determined that the selected action is a routine activity within the following category of exclusion found at 36 CFR (e)(7), modification or maintenance of stream or lake aquatic habitat improvement structures using native materials or normal practices. All environmental and social impacts of the selected action will fall within the range of effects anticipated by this category. B. Relationship to Extraordinary Circumstances The list of extraordinary circumstances that were examined for this analysis may be found at 36 CFR 220.6(b). The mere presence of one or more of these resource conditions does not preclude use of a categorical exclusion. It is the degree of the potential effects of a proposed action on these resource conditions that determines whether extraordinary circumstances exist. A thorough analysis of the resource conditions in the Project area was conducted by resource specialists, including review of the Project details at the October, 2009 Small Projects Day. I have considered the feedback and conclusions from these resource specialists and find there are no extraordinary circumstances that may result in any significant individual or cumulative environmental effects. My conclusion is based on information presented in this document and the entirety of the Project Record. A summary of the Project s potential effects on each resource condition is as follows: 1. Federally Listed Threatened or Endangered Species or Designated Critical Habitat, Species Proposed for Federal Listing or Proposed Critical Habitat, or Forest Service Sensitive Species The Green Mountain National Forest (GMNF) has historic occurrence records for three T&E species, the Eastern cougar, gray wolf, and Canada lynx and current occurrence records for one T&E specie, the Indiana bat. There are no known occurrences of the Eastern cougar, gray wolf, and Canada lynx at the project site and the likelihood for occurrence of any federallylisted threatened and endangered (T&E) species in the project area is low. Due to the project s location and elevation, the area is unlikely to include suitable habitat for Indiana bats and they are unlikely to occur there. The project area does not include potential or critical habitat for any T&E species. Consequently, the project will have No Effect on T&E species. Otter Creek Headwaters LWD Project Page 5 of 12

6 The project site has not been surveyed for RFSS animals. The area is not likely to include the specialized types of habitats suitable for or required by many of the RFSS animal species (common loon, bald eagle, peregrine falcon, rusty blackbird, Bicknell s thrush, boulder beach tiger beetle, brook floater, or creek heelsplitter). Wood turtle, Jefferson and blue-spotted salamanders (and hybrids), and four-toed salamanders are unlikely to occur at the project site due to its elevation. The eastern small-footed bat, West Virginia white (butterfly), and four RFSS odonate (dragonfly) species could occur near portions of the affected stream. If any RFSS are present in the area, the cutting of scattered, stream-bank trees is unlikely to cause more than negligible and ephemeral changes to terrestrial habitat conditions along these headwater streams while providing significant and long-lasting improvements to the aquatic habitats in these stream segments. This project will have no significant impact on any of the Regional Foresters Sensitive Species or their habitats. There are no federally listed T&E plant species on the GMNF. There are no known occurrences of rare plants in the project area. Soils are hydric throughout most of the area. Although the soil in the project area is not thought to be calcium-rich, based on forest type and site index there appears to be potential habitat for four species associated w/ rich woods. There is also potential habitat for two species associated with coniferous habitat. The riparian areas have potential to hold one additional specie. All seven species are known to exist elsewhere on the GMNF. If any of these RFSS were to occur at this project site, it is unlikely that the project work would lead to a loss of viability on the Forest, or a trend toward federal listing. The project will not change suitable habitat for these species. Openings have been previously visited and no rare plants or non-native invasive species (NNIS) have been found. It is not known whether NNIS occur in the area. Since no heavy equipment (wheeled or tracked) will be brought in to implement the project, no other mitigation measures are requested; the use of chain saws to chop and drop trees into the stream is not likely to introduce or spread NNIS. Therefore, it has been determined that implementation of this decision would have no significant effect on federally listed animal or plant species or their critical habitats. There would also be no significant impact to any plant or animal RFSS (Wildlife Biological Evaluation, Project Record; Plant Biological Evaluation, Project Record). 2. Floodplains, Wetlands, or Municipal Watersheds There are no Water Source Protection Areas (WSPA), floodplains, or wetlands in the Project area. This decision, with impacts limited to the immediate area of activity, will not affect any WSPAs, floodplains or wetlands (Small Projects Day report, Project Record). 3. Congressionally Designated Areas, such as Wilderness, Wilderness Study Areas, or National Recreation Areas Wilderness: The project area does not lie within any Wilderness area. It does lie adjacent to the Peru Peaks Wilderness Area. All Project activity will cease at least 50 to 100 feet from the Wilderness boundary. Wilderness is defined in the Forest Plan as Management Area 5.1. Otter Creek Headwaters LWD Project Page 6 of 12

7 This decision, with impacts limited to the immediate area of activity, will not affect any Wilderness area (Small Projects Day report, Project Record). Wilderness Study Areas: There are no Congressionally designated Wilderness Study Areas on the GMNF. National Recreation Areas: The Project area lies within the Robert T. Stafford White Rocks National Recreation Area (NRA). The activities approved for this Project are fully consistent with management area (MA) direction and standards and guidelines for MA 8.3, Robert T. Stafford White Rocks National Recreation Area. This decision, with impacts limited to the immediate area of activity, will not affect or change the character of the NRA (Small Projects Day report, Project Record). Wild and Scenic Rivers: Although the GMNF does not contain any Congressionally designated Wild and Scenic Rivers, there are many river segments that are eligible to be further considered for addition to the National Wild and Scenic River System. These river segments and their associated corridors would lie within the eligible Wild, Scenic, and Recreational Rivers Management Area (MA 9.4). The Project area lies partially within the Big Branch river corridor, a potentially Scenic river. All activities for this Project are fully consistent with management area (MA) direction and standards and guidelines for MA 9.4. This decision, with impacts limited to the immediate area of activity, will not affect the character or the potential Scenic river designation of Big Branch Brook (Small Projects Day report, Project Record). 4. Inventoried Roadless Areas or Potential Wilderness Areas The project area does not lie within any inventoried roadless areas (Roadless Area Conservation Rule (RACR) or Forest Plan Inventoried Roadless Areas). It is adjacent to a RACR area. All Project activity will cease at least 50 to 100 feet from the RACR boundary. This decision, with impacts limited to the immediate area of activity, will not affect inventoried roadless areas (Small Projects Day report, Project Record). 5. Existing and Candidate Research Natural Areas The project area does not lie within any Research Natural Area. This decision, with impacts limited to the immediate area of activity, will not affect Research Natural Areas (Small Projects Day report, Project Record). 6. American Indian and Alaska Native Religious or Cultural Sites See Item 7 below. 7. Archaeological Sites, or Historic Properties or Areas This decision complies with the National Historic Preservation Act, the Archaeological Resources Protection Act, and the Native American Graves Protection and Repatriation Act. The only sensitive features potentially within the Project site could be historic charcoal kilns. The Forest Archeologist will assist in indentifying and protecting/buffering any kilns found in work areas along Ten Kilns Brook and any other potential sites. This decision, with impacts limited to the immediate area of activity and with the proper mitigation (protecting sites), will not affect any historic properties or archaeological sites (Small Projects Day Otter Creek Headwaters LWD Project Page 7 of 12

8 report; Project Record). 8. Other Resources In addition to the above resource conditions that could lead to extraordinary circumstances, I also have considered the direct, indirect, and cumulative effects to other resources such as soil/water, fisheries, visuals, recreation, and non-native invasive species. It has been determined that there are no important ecological features or concerns. Beneficial direct and cumulative effects are expected for fisheries and aquatic resources. The project will not result in significant impacts to these resources, particularly because all applicable Forest Plan Standards and Guidelines, and mitigation measures listed below, will be implemented. All Specialists review comments and findings related to extraordinary circumstances may be found in the Project Record. IV. MITIGATION MEASURES/DESIGN CRITERIA The following measures will be followed to eliminate or minimize environmental impacts: 1. All cutting and work areas will stay back 50 to 100 feet from the Wilderness and RACR boundaries. 2. All potential historic kiln sites will be identified and protected/buffered from Project activities. 3. To minimize the downstream movement of LWD, LWD will not be left unanchored in stream channels that are greater than 20 wide. LWD will not be placed in Big Branch downstream of Forest Road 30 to further reduce risk of LWD being transported downstream to the sections generally used by paddlers. Big Branch will be included as one of the LWD transport monitoring sites to evaluate downstream movement and need for further action to reduce risk to paddlers. V. PUBLIC INVOLVEMENT This project has been listed in the quarterly Green Mountain National Forest Schedule of Proposed Actions (SOPA) and will remain in the SOPA until the project is authorized for implementation. The project was scoped with resource specialists at the October, 2009 Small Projects Day. A scoping letter describing the proposed project was mailed (hardcopy and ) to 57 recipients. Four responses were received. The only concern expressed was the potential that placing LWD into Big Branch Brook and its tributaries would create hazards to whitewater paddlers who use the river. See the Response to Comments Appendix A. A mitigation measure was also developed that addresses this concern. One other concern was that cutting in the riparian areas could reduce shade and potentially increase stream water temperatures. This concern was addressed directly with the respondent. Otter Creek Headwaters LWD Project Page 8 of 12

9 VI. 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. 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. Forest Plan Consistency (National Forest Management Act) The National Forest Management Act (NFMA) requires the development of long-range land and resource management plans, and that all site-specific project activities be consistent with direction in the plans. The GMNF Land and Resource Management Plan (Forest Plan) was completed and approved in 2006 as required by NFMA. The Forest Plan provides direction for all management activities on the GMNF. The Otter Creek Headwaters LWD Project implements the Forest Plan and is within Management Area 8.3, Robert T. Stafford White Rocks National Recreation Area. The activities needed to implement habitat restoration and enhance stream function, channel morphology and aquatic habitats are allowable in this MA. Forest Plan standards and guidelines, along with the mitigation listed above, would be applied to minimize adverse impacts. My decision is based on the best available science, including a review of the record that shows a thorough review of relevant scientific information, a consideration of responsible opposing views, and the acknowledgment of incomplete or unavailable information, scientific uncertainty, and risk. As required by NFMA Section 1604(i), I find this project to be consistent with the Forest Plan including goals, objectives, desired future conditions, and Forest-wide and Management Area Standards and Guidelines. Endangered Species Act - 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 report of the listed and proposed, threatened, or endangered species that may be present in the project area was reviewed. See Section III, Item B.1 of this document. Clean Water Act The intent of the Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through Forest Plan Standards and Guidelines, specific project design criteria, and/or mitigation measures to ensure protection of soil and water resources. Wetlands (Executive Order 11990) - Executive Order directs the agency to avoid to the extent possible the adverse impacts associated with the destruction or modification of wetlands, and to avoid support of new construction in wetlands wherever there is a practical alternative. See Section III, Item B2 of this document. Floodplains (Executive Order 11988) - Executive Order directs the agency to avoid to the extent possible the adverse impacts associated with the occupancy and modification of Otter Creek Headwaters LWD Project Page 9 of 12

10 floodplains, and to avoid support of floodplain development wherever there is a practical alternative. See Section III, Item B2 of this document. National Historic Preservation Act - Section 106 of the National Historic Preservation Act requires federal agencies to take into account the effect of a project on any district, site, building, structure, or object that is included in, or eligible for inclusion in the National Register. It also requires federal agencies to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. See Section III, Items B.6 and B.7 of this document. Archaeological Resources Protection Act - The Archaeological Resources Protection Act covers the discovery and protection of historic properties (prehistoric and historic) that are excavated or discovered in federal lands. It affords lawful protection of archaeological resources and sites that are on public and Indian lands. See Section III, Items B.6 and B.7 of this document. Native American Graves Protection and Repatriation Act - The Native American Graves Protection and Repatriation Act covers the discovery and protection of Native American human remains and objects that are excavated or discovered in federal lands. It encourages avoidance of archaeological sites that contain burials or portions of sites that contain graves through in situ preservation, but may encompass other actions to preserve these remains and items. See Section III, Items B.6 and B.7 of this document. Wild and Scenic Rivers Act - See Section III, Item B.3 of this document. Federal Noxious Weed Act of 1974 and Executive Order (Non-Native Invasive Species) The Federal Noxious Weed Act requires cooperation with State, local, and other federal agencies in the management and control of non-native invasive species (NNIS); Executive Order (EO) requires all pertinent federal agencies (subject to budgetary appropriations) to prevent the introduction of NNIS. This decision meets the intent of this law and EO by incorporating all pertinent Forest Plan Standards and Guidelines and specific mitigation measures (listed above) to ensure the management and control of NNIS. 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 order. 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. VII. ADMINISTRATIVE REVIEW OR APPEAL and IMPLEMENTATION DATE This decision is not subject to an administrative review or appeal pursuant to 36 CFR 215. This decision may be implemented immediately. VIII. CONTACT PERSON Further information about this decision can be obtained from Dan McKinley during normal office hours (weekdays, 8:00 a.m. to 4:30 p.m.) at the Rochester Ranger District at 99 Ranger Otter Creek Headwaters LWD Project Page 10 of 12

11 Road, Rochester, Vt ; Phone: (802) ext 516; Fax: (802) or SIGNATURE AND DATE Alex Sienkiewicz June 1, 2010 ALEX SIENKIEWICZ District Ranger, Manchester Ranger District Responsible Official DATE Otter Creek Headwaters LWD Project Page 11 of 12

12 Otter Creek Headwaters LWD Project Appendix A Response to Comments Issue Statement: There is a concern that placing Large Woody Debris (LWD) into Big Branch Brook and its tributaries will create hazards to whitewater paddlers who use the river. Response: LWD placements are proposed for the sections of Big Branch Brook and Ten Kilns Brook from their confluence upstream for 3.9 and 2.4 miles, respectively. While there is a possibility that LWD placed in these streams could be transported downstream to the sections of Big Branch used by whitewater boaters, the design and location of the projects greatly reduce that risk. The use of the chop and drop technique whereby trees are felled in to the channel but not anchored in place has been used in 15 streams throughout the National Forest over the past 10 years. The technique is used in small watersheds where the width of the stream is less than 30 feet and trees felled are longer than the stream is wide. One of the determining factors in LWD transport is the length of the wood compared to the width of the stream at the high water mark. Monitoring conducted on Green Mountain National Forest chop and drop LWD projects shows that wood that is longer than stream width moves only very short distances even in flood conditions. In 2008 a 100-year flood in the Goshen Brook watershed moved unanchored LWD a maximum of 500 feet in streams that were 10 to 20 feet in width. Mitigation: To minimize the downstream movement of LWD while still providing for restoration of ecological processes in the headwaters of Big Branch, LWD will not be left unanchored in stream channels that are greater than 20 wide. LWD will not be placed in Big Branch downstream of Forest Road 30 to further reduce risk of LWD being transported downstream to the sections generally used by paddlers. Big Branch will be included as one of the LWD transport monitoring sites to evaluate downstream movement and need for remedial action to further reduce risk to paddlers. The total length of LWD work on Big branch will now be 2.8 miles. Otter Creek Headwaters LWD Project Page 12 of 12