Preliminary Decision Memo Crooked River National Grassland Firewood Units

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1 Preliminary Decision Memo Crooked River National Grassland Firewood Units Decision to be Implemented USDA Forest Service Crooked River National Grassland Jefferson County, Oregon Townships 12 and 13 South, Ranges 1, 13 and 14 East, WM I have decided to authorize the felling, cutting and removal of juniper in designated units on the Crooked River National Grassland. Persons with a valid personal use firewood permit (or commercial permit in one unit) will be permitted to cut and remove any juniper within the designated areas except for identified old growth juniper. My decision includes the following design criteria: Old growth juniper will be identified and tagged by the Forest Service prior to opening the units for woodcutting; old growth juniper will be identified based on characteristics described in Miller (1995) 1. Old growth juniper will not be available for cutting and removal. At the conclusion of firewood cutting, remaining small juniper in each unit will be cut and activity-generated fuels (slash) left in the units will be reduced by piling and jackpot burning; burning will take place when soils are damp and fire intensity is low to reduce the risk of soil scorching and subsequent spread of invasive plant species. Firewood cutting and removal will be restricted in Units #6 and #3 during horse endurance events; dates will be announced and posted each year. Motorized travel on the Warner Loop Trail (Unit #3) will be prohibited and no firewood cutting or removal will be permitted within 25 feet on either side of the trail. Cutting and/or removal of any juniper on which trail signs or white diamonds are posted will be prohibited. Firewood cutting and removal will not be allowed within the fenced portion of the Henderson OHV trail system in Unit #4. Springs inside of firewood cutting units will be fenced and no motorized travel will be permitted within the fences. Cutting and removal of juniper within fenced spring exclosures will be permitted; gates must be closed and properly secured after juniper is removed. To maintain nesting habitat for ground-nesting birds, about 25% of juniper slash will be retained in each cutting unit; slash may be retained in piles or scattered. Following jackpot burning, burned areas will be seeded with a mix of grasses, forbs and shrubs; seed mix will be approved by a Forest Service botanist. Personal use woodcutting will be by permit only and will be subject to all terms and conditions described in each year s Firewood Synopsis. 1 Miller, P.M Physiological ecology of western juniper (Juniperus occidentalis). In: Juniper froma n ecosystem perspective workshop. Oregon State Univ., Washington State Univ., Univ. Idaho. February 8-9. LaGrande, OR.

2 Preliminary Decision Memo Unit #6 will be offered as a commercial firewood unit; operations in Unit #6 will include the following additional criteria: Motorize vehicle use will not be allowed within 50 feet of intermittent stream channels. No firewood cutting or removal will be allowed within 5 feet of intermittent stream channels. Slash piles will not be placed in ephemeral draws or swales; slash piles will not be burned within 50 feet of intermittent stream channels. Temporary roads, if needed, will be in locations designated by the Forest Service and will be designed to reduce the concentration of flows and to encourage the flow of water off of them. Motorized access will be prohibited during the wet season. Further information on this project can be found in the project file located at the Ochoco National Forest headquarters in Prineville, OR. Location The proposed firewood cutting units are on the Crooked River National Grassland in Jefferson County, Oregon. The legal description is T12 S, R 1 E, sections 2 and 11; T 13 S, R 13 E, sections 1, 4, 5, 13 and 14; and T 13 S, R 14 E, sections 4, 13, 14, 15, 22, 23, 24, 25 and 36 (see attached maps). Categorical Exclusion This proposal falls within a category of actions identified in FSH Chapter 30, Section 31.2(6) that may be categorically excluded from documentation in an environmental assessment or environmental impact statement. I have concluded that this decision is appropriately categorically excluded from documentation in an environmental impact statement or environmental assessment because 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. The project is consistent with the Crooked River National Grassland Land and Resource Management Plan. My conclusion is based on information presented in this document and the entirety of the project record. Extraordinary Circumstances In determining the appropriateness of using the categorical exclusion, a determination of the potential impact to the identified resource conditions identified in FSH Section 30.3(2) was made. The following section describes the potential effects to the resource conditions from the project activities. Federally listed threatened or endangered species or designated habitat or species proposed for federal listing or proposed critical habitat No federally listed threatened or endangered terrestrial or aquatic species occur within the project area. Forest Service sensitive species Plant species: Five sensitive plant species are known to occur or have potential habitat within the project area. All five species are associated with scabland habitat, which is present in very Crooked River National Grassland Firewood Units 2

3 Preliminary Decision Memo limited quantities in the project units. Because few trees are present on these scabland sites, woodcutting activities are unlikely to affect sensitive plant species; therefore, a determination of May impact individuals or habitat, but will not likely contribute to a trend towards federal listing or cause a loss of viability to the population or species was reached for all five. More information is contained in the February 7, 2012, Botany Report. Aquatic Species: No sensitive aquatic species are known to occur or have potential habitat within the project area. Wildlife Species: Two sensitive terrestrial wildlife species have potential habitat within the project area. More information is contained in the March 17, 2012, draft Biological Evaluation for Wildlife. Bald eagle: There are no known bald eagle nests or roost sites within the project area. Proposed Unit 6 is in the flyway for eagles that forage at Haystack Reservoir. Commercial firewood operations in Unit 6 may disrupt eagle flight patterns during the duration of the commercial firewood sale. A determination of May impact individuals or habitat, but will not likely contribute to a trend towards federal listing or cause a loss of viability to the population or species was reached for the bald eagle. Pygmy rabbit: Low-quality habitat for pygmy rabbits occurs in all proposed units except Unit 1. Activities associated with personal-use or commercial firewood gathering may affect the existing habitat. A determination of May impact individuals or habitat, but will not likely contribute to a trend towards federal listing or cause a loss of viability to the population or species was reached for the pygmy rabbit. Floodplains, wetlands, or municipal watersheds There are no floodplains, wetlands or municipal watersheds identified within the project area. Congressionally designated areas such as wilderness, wild and scenic rivers, and national recreation areas There are no congressionally designated areas within the project area. Inventoried Roadless Areas There are no inventoried roadless areas in the project area. Research Natural Areas There are no existing or proposed Research Natural Areas in the project area. American Indian and Alaska Native religious or cultural sites, archaeological sites, or historic properties of areas Surveys were conducted for Native American religious or cultural sites, archaeological sites, and historic properties or areas that may be affected by this decision. This project will not affect historic properties. Findings Required by Other Laws National Environmental Policy Act. NEPA establishes the format and content requirements of environmental analysis and documentation. This environmental analysis was undertaken to comply with NEPA. Crooked River National Grassland Firewood Units 3

4 Preliminary Decision Memo National Forest Management Act. I have reviewed this proposal for consistency with Grassland Plan direction. This proposal is consistent with the Grassland Plan, as amended, as required by the National Forest Management Act. The proposed firewood cutting units are within Antelope Winter Range (MA-G1) and General Forage (MA-G3) management areas, as described in the Grassland Plan. Fuelwood cutting is allowed in both management areas; fuelwood cutting will improve antelope habitat (see Wildlife Report, project file, Prineville, OR). Management Indicator Species (MIS). The northern flicker is the management indicator species for old growth juniper. Generally the old growth juniper is found on the ridge tops in the project area. Flickers utilize live old growth juniper with dead tops for nesting habitat. No old growth juniper will be cut or removed. National Historic Preservation Act. Consistency with Section 106 of the National Historic Preservation Act was documented on December 14, Clean Air Act. Any burning activities will be coordinated with the Oregon State Department of Environmental Quality and Department of Forestry. This project will comply with the Clean Air Act. Executive Order Responsibilities of Federal Agencies to Protect Migratory Birds. The focal species identified in the Partners in Flight Bird Conservation Plan were utilized to evaluate the effects of the treatment activities on migratory birds. Focal species having potential habitat within the project area include loggerhead shrike, burrowing owl, sage sparrow, Brewer s sparrow, sage thrasher, lark sparrow, black-throated sparrow, gray flycatcher, and ferruginous hawk. Foraging habitat for ferruginous hawks will be improved by juniper removal. Habitat for gray flycatchers will not be affected, as old growth juniper will be retained. All other focal species in the project area rely on ground/shrub habitats and/or smaller juniper trees. Habitat for these species may be reduced in the cutting units due to removal of juniper and vehicle traffic. Retention of juniper slash, as described in the design criteria, will retain habitat for shrub and ground-nesting birds within each cutting unit. Additional Resources Considered Big Game. Unit modifications will protect and maintain security cover for big game. Cutting and removing juniper trees will improve habitat for antelope in the project area because antelope prefer areas with low vegetation. There is no critical deer habitat in the project area. Invasive Plant Species. The Forest Plan was amended in November 2005 by the Record of Decision (ROD) for the Pacific Northwest Region Invasive Plant Program. The ROD directs that prevention of invasive plant introduction, establishment, and spread will be addressed in vegetation management plans. This vegetation management project addresses invasive plants. Pre-project surveys were completed and populations of invasive plants are known to occur within the project area. Unit boundaries were adjusted to avoid known populations. Public Involvement This proposal has been listed in the quarterly Schedule of Proposed Actions since January 1, Scoping letters, including maps of the original proposed action (see Attachment 1), were sent to 219 members of the public, adjacent landowners, permittees, and other agencies for comment on December 7, Crooked River National Grassland Firewood Units 4

5 Preliminary Decision Memo The following tribal governments were contacted by letter: Confederated Tribes of the Warm Springs Reservation, Burns Paiute Tribe, Confederated Tribes of the Umatilla Indian Reservation, and the Klamath Tribes. Six letters and s were received in response to scoping. Some commenters expressed support for the proposal and some did not. Concerns included potential resource damage due to vehicles operating off of established roads, introduction and/or spread of invasive plant species, harm to nesting birds, disturbance of habitat for big game species, and interference with permitted livestock grazing (for instance, the possibility of woodcutters leaving pasture gates open). The project Interdisciplinary Planning Team assessed the proposed action in light of concerns that were raised during internal and external scoping. The following describes the final project design (also see Attachment 2). Unit 1: No change was made to this unit. Risk of spread of invasive species is low and no additional specific concerns were expressed. Unit 2: Specific concerns in this unit included security habitat for big game. Risk of spread of invasive species is low and no additional specific concerns were expressed. No change was made to this unit. Unit 3: Specific concerns in this unit included presence of medusahead (an invasive plant species), presence of old growth juniper, and security habitat for big game. The unit boundary has been changed to include only the northeast portion of the original proposed unit; the medusahead population and the old growth juniper have been excluded from the unit. Unit 4: Specific concerns in this unit included high erosion potential due to steep slopes and number of drainages. The boundary has been changed to include only the area north of Forest Roads 040 and 5740; areas of high erosion potential have been excluded from the unit. Unit 5: Specific concerns in this unit included security habitat for big game and the presence of medusahead throughout the original proposed unit. Unit 5 has been dropped. Unit 6: Specific concerns in this unit included security habitat for big game and hydrologic function. The majority of this unit has been dropped due to hydrological concerns. The southeast corner of the original unit has been retained and will be offered as a commercial woodcutting opportunity; design criteria will protect hydrologic function and maintain security habitat. Unit 7: The majority of Unit 7 is within an Old Growth management area; this unit has been dropped. Timing of Activities This preliminary Decision Memo is subject to a 30-day comment period. Comments and a response to comments will be incorporated into a Final Decision Memo. The Final Decision Memo will be subject to a 45-day appeal period. Implementation can occur following the appeal period dependent upon comments received and disposition of the appeal, if one is received. Administrative Review or Appeal Opportunities This decision is subject to public notice, comment, and appeal pursuant to 36 CFR Written, facsimile, hand-delivered, oral, and electronic comments concerning this action will be Crooked River National Grassland Firewood Units 5

6 Preliminary Decision Memo accepted for 30 calendar days following publication of a notice in The Bulletin, Bend, Oregon. The publication date in the newspaper of record is the exclusive means for calculating the comment period for this proposal. Those wishing to comment should not rely upon dates or timeframe information provided by any other source. The Regulations prohibit extending the length of the comment period. Comments should be directed to the attention of Slater Turner, Crooked River National Grassland Ranger, and may be submitted in any of the following manners: Written comments may be submitted by mail to: Ochoco National Forest, 3160 NE 3 rd Street, Prineville, Oregon, Written comments may be submitted by hand delivery: the office business hours for those submitting hand-delivered comments are: 8:00 A.M. to 4:30 P.M. Monday through Friday, excluding holidays. Written comments may be submitted electronically; electronic comments must be submitted in a format such as an message, plain text (.txt), rich text format (.rtf), or Word (.doc) to comments-pacificnorthwest-ochoco@fs.fed.us. In cases where no identifiable name is attached to a comment, a verification of identity will be required for appeal eligibility. If using an electronic message, a scanned signature is one way to provide verification. Electronic comments must be submitted as part of the actual message, or as an attachment in Microsoft Word, rich text format, or portable document format only. s submitted to addresses other than the one listed above, in other formats than those listed, or containing viruses will be rejected. Written comments may be submitted via FAX to: (541) Comments may be delivered orally at the Responsible Official s office during normal business hours via telephone, (541) , or in person. It is the responsibility of persons providing comments to submit them by the close of the comment period. It is the responsibility of persons providing comments by electronic means to ensure that their comments have been received. Individuals and organizations wishing to be eligible to appeal must meet the information requirements of 36 CFR Contact Person For additional information concerning this decision or the Forest Service appeal process, contact Marcy Anderson, Project Leader, at the Lookout Mountain Ranger District, 3160 NE Third Street, Prineville, OR or at (541) SLATER R. TURNER District Ranger Date Crooked River National Grassland Firewood Units 6

7 Attachment 1. Proposed Action units. 1

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11 Attachment 2. Firewood units proposed for approval under the Decision Memo for Crooked River National Grassland Firewood Units. 1

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