Decision Memo. Agriculture Irrigation & Livestock Watering System Easement Conditions for Tull Reservoir

Transcription

1 Agriculture Irrigation & Livestock Watering System Easement Conditions for Tull Reservoir USDA Forest Service Pacific Northwest Region Fremont-Winema National Forests Bly Ranger District Klamath County, Oregon Introduction Title V of the Federal Land Policy & Management Act of 1976 was amended by the Colorado Ditch Bill (Act of October 27, 1986) to authorize the Secretary of Agriculture to issue permanent easements (Ditch Bill easements) without charge for water conveyance systems used for agriculture irrigation or livestock watering. The Ditch Bill required applicants to submit information concerning the location and characteristics of their water conveyance system so that the authorized officer can ensure property management of NF system lands. Several criteria were used to determine whether or not these applications met all of the rules as set in the Ditch Bill. Jeld-Wen should be granted an Agriculture Irrigation & Livestock Watering System Easement for their existing irrigation facilities known as Tull Reservoir, as this water conveyance system met all of the Ditch Bill application criteria. Tull Reservoir facilities authorized under a previous special use permit (expired 12/31/1998) include a dam and its spillway; ditches; and approximately 61 acres of reservoir. The Tull Reservoir project area is specifically described as: T.39S., R.15E., WM., sections 27, 34, and 35 (see map) The underlying need for the proposed action is compliance with the Colorado Ditch Bill (Act of October 27, 1986). The purpose of the project proposal is to process the application according to the Colorado Ditch Bill (Act of October 27, 1986). Project Description Jeld-Wen will be required to have an approved plan for operation and maintenance of the dam and associated structures. The plan shall, at a minimum, describe operating requirements and procedures to be followed for operation of the structure; routine or recurring maintenance requirements; record keeping to be performed for operation and maintenance; and individuals responsible for implementing the plans. Jeld-Wen shall have the dam and associated structures inspected by a qualified engineer to determine the state of operation and maintenance at least every five years. An inspection shall also be made following earthquakes, major storms, or overflow of spillways (other than the service spillway). Page 1 of 6

2 Maintenance activities could include: Dam embankment: cut and remove brush and trees; correct slumps and slides, settlement, cracks, seepage, burrows, or erosion Spillway and ditch: remove obstructions (brush, debris, trees); correct erosion; correct broken structural parts; correct settlement, cracks, heaving joints, undermining, drains, or seepage Reservoir: correct shore erosion; keep shoreline clean of unnatural debris Public Involvement The Agriculture Irrigation and Livestock Watering System Easement Conditions for Tull Reservoir proposal was presented to the public in a letter of February 13, 2006 mailed to businesses, organizations, government agencies, The Klamath Tribes, and individuals thought to be interested in projects on the Bly Ranger District. The scoping letter and proposed action statement were available to the public on the Forest s web site. The proposed project was published in the Forests April 25 th, 2006 edition of the Schedule of Proposed Actions (SOPA). No comments were received in response to the scoping efforts for this proposal. Decision After review of the analysis I have decided the Forest will issue a Ditch Bill Easement to Jeld-Wen for the Tull Reservoir Agriculture Irrigation and Livestock Watering System as described above and subject to the project design and resource protection measures stipulated below. My decision is responsive to the applicant and will provide for compliance with the Colorado Ditch Bill (Act of October 27, 1986) for the Tull Reservoir Agriculture Irrigation & Livestock Watering System facilities. My decision to issue a Ditch Bill Easement to Jeld- Wen is in compliance with Forest Service policy and direction regarding issuance and administration of permits, leases, or easements to occupy, use, or traverse National Forest lands. The project is consistent with the management direction of the Fremont National Forest Land and Resource Management Plan (1989, as amended). I have determined from the analysis that no extraordinary circumstances exist that warrant further analysis and documentation in an EA or EIS. The analysis determined there will be no significant impacts to any resources. Project Specific Design and Resource Protection Measures: During the bald eagle nesting season (15 Jan 31 Aug) maintenance with equipment lasting longer than one day will require surveys by the Forest Service to determine nesting status and location of nest to validate effect assumptions. The water level of the reservoir needs to be maintained to provide fish habitat year round for bald eagles. Cleaning of equipment: Actions conducted or authorized by written permit by the Forest Service that will operate outside the limits of the road prism, require the cleaning of all Page 2 of 6

3 equipment and vehicles prior to entering National Forest System land for all projects, and before leaving the project site when operating in areas where invasive plant seed or vegetative propagules (root fragments) is likely and a concern. Fill material: Use only gravel, fill, sand, and rock that is judged to be weed free by District or Forest weed specialists. If fill material is being used for this project, the source must be identify and inspected before use by District Weed Personnel. No activities outside of historic maintenance shall be authorized without additional input from the Forest Service cultural resources staff and cultural resource protection measures. The Forest Archaeologist will determine the appropriate level of monitoring required for all subsurface activities. When monitoring is needed, an archaeologist or cultural resource technician will be assigned. In the event that cultural resources are discovered during maintenance activities, operations shall cease, Forest Service shall be notified and operations will be interrupted while measures are developed to allow the mitigation of any adverse effects resulting from project implementation. Protect all survey markers/monuments and boundary survey signs. Analysis Findings Plants No Proposed, Endangered, Threatened or Sensitive plant species or essential habitat occurs in the project area. Therefore, no adverse effects or cumulative effects that could affect the viability of species or cause a trend toward federal listing are expected (Spivey, BE February 22, 2006). Noxious Weeds/Invasive Species There have been no noxious weeds identified within the project area at this time. Prevention practices included in the resource protection measures for this project will help ensure the areas remains free of noxious weeds. Wildlife The Southeast Zone Wildlife Biologists prepared a Biological Evaluation/Assessment for Proposed, Endangered, Threatened and Sensitive Wildlife Species (Anderson and Ramsey, June 21, 2006). Conclusions: The project area is within the Tull Bald Eagle Management Area (BEMA). The dam and the associated structures have been in place since Past maintenance activities occurring on the dam and associated structures are unknown. The dam and associated ditch are greater than ¼ mile from the known eagle nest. While this is a historical nest, reproduction has not Page 3 of 6

4 been documented in the last four years. This is most likely due to a contaminant or genetic issue with one or both eagles. During the nesting season (15 Jan 31 Aug) maintenance with equipment lasting longer than one day will require surveys to determine nesting status and location of nest to validate effect assumptions. The water level of the reservoir needs to be maintained to provide fish habitat year round. The area contains potential habitat for Region 6 Sensitive Species bufflehead, gray flycatcher, Northern leopard frog, Oregon spotted frog, Columbia spotted frog, and Northwest pond turtle. While potential habitat exists for these species, it is not expected that any potential habitat will be removed, altered, or degraded. It is not anticipated that any of the species identified as having habitat present will be directly affected. This project will have no effect on any Proposed, Threatened, or Endangered species or their critical habitat. This project will have no impact and is not likely to result in a trend to Federal listing or loss of viability of any R6 sensitive species. Fisheries Forest Service Fisheries Biologist prepared a Biological Evaluation/Assessment for Proposed, Endangered, Threatened and Sensitive Fish Species (Leal, August 31, 2006). Conclusions: Occupied, Proposed Critical habitat for shortnose sucker exists in Barnes Valley Creek, approximately 1.5 miles from Tull Reservoir. All activities associated with this project permitted on National Forest System (NFS) lands occur upstream of Barnes Valley. No TES fish are known or thought to exist in the project area or in Barnes Valley during the summer months. The reaches of Barnes Valley Creek within Barnes Valley are generally dry in the summer and therefore do not provide fish habitat at that time. Barnes Valley Creek within Barnes Valley may provide a migratory corridor for fish to move between lower Barnes Valley Creek and its upper tributaries (primarily Lapham Creek, which is occupied shortnose sucker habitat) during spring flows, but this has not been documented. Resident shortnose sucker are known to exist in Barnes Valley Creek, on NFS lands, approximately three miles downstream of Barnes Valley. Maintenance of the existing facilities (dam, ditch, etc.) has the greatest potential to affect aquatic habitat by depositing fine sediment to fishbearing areas downstream of Barnes Valley, in the perennial fishbearing reaches of Barnes Valley Creek. Barnes Valley is in private ownership. Water is stored and diverted in Barnes Valley for irrigation purposes. Any project-generated sediment deposited or re-suspended in the project area during implementation of permitted activities on NFS lands will drop out of the water column as it travels through Barnes Valley, where it is used for irrigation. No effect to the species ability to migrate through Barnes Valley is possible from the limited amount of sediment resuspension possible from the limited maintenance activities, as the water will travel over one mile before entering a managed irrigation system of ditches and agricultural fields, prior to entering Barnes Valley Creek at Barnes Valley. Page 4 of 6

5 The facilities and activities permitted by the Tull Reservoir Special Use Permit have been in place and in use for over 60 years, and are considered part of the baseline condition of the Upper Barnes Valley subwatershed. No changes to the baseline condition will occur as a result of issuing a Ditch Bill Easement for the Tull Reservoir water conveyance system. The project is fully compliant with INFISH. This project will have no effect on and is not likely to result in a trend toward federal listing or loss of viability of any R6 Sensitive fish species. This project will have no effect on any Proposed, Threatened, or Endangered species or their critical habitat. Cultural Resources Appropriate field surveys and inventories have been completed. The area contains a multicomponent cultural resource site that requires protection. All cultural resource sites along or adjacent to maintenance areas will be flagged on the ground for identification and protection. The flagging will be renewed during maintenance activities for Jeld-Wen Agriculture Irrigation and Livestock Watering System Easement for Tull Reservoir and sites will be protected in place. The Forest Archaeologist will determine the appropriate level of monitoring required for all subsurface activities. When monitoring is needed, an archaeologist or cultural resource technician will be assigned. In the event that additional cultural resources are discovered during the course of the project, operations will be interrupted while measures are developed to allow the mitigation of any adverse effects resulting from project implementation. With these measure in effect, the project will have no effect on significant cultural resources. Section 106 SHPO consultation was completed under the Programmatic Agreement among the United States Department of Agriculture, Forest Service, Pacific Northwest Region (Region 6), The Advisory Council on Historic Preservation, and the Oregon State Historic Preservation Officer regarding Cultural Resource Management on National Forests in the State of Oregon dated June 2004, pursuant to stipulated Forest Archaeologist review, dated November 28, Other Findings This action is consistent with the management direction, including standards and guidelines, as outlined in the Fremont National Forest Land and Resource Management Plan as amended, and the Final Environmental Impact Statement documenting the analysis for the Plan (1989). No significant impact is expected on parkland, floodplains, wetlands, prime farmlands, wild and scenic rivers or ecologically critical areas, as none exist in the project area. This action will comply with requirements of the Clean Water Act. There are no municipal watersheds, congressionally designated areas, inventoried roadless areas (IRA) or Research Natural Areas present. 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. The Fremont-Winema National Forests consult with representatives of the Klamath Tribes regarding traditional cultural properties, religious use areas, and archaeological management issues. Page 5 of 6

6 There are no known significant indirect, cumulative, or unavoidable adverse effects on the environment. This action will not pose a significant threat to public health or safety. Implementation of this project meets the resource protection requirements of 36 CFR Reasons for Categorically Excluding the Proposed Project No extraordinary circumstances exist that might cause the action to have significant effects; therefore, the action is categorically excluded from documentation in an environmental assessment or an environmental impact statement. Based on the environmental analysis and past experience, the effects of implementing this action will be of limited context and intensity and will result in little or no effects to either the physical or biological components of the environment. This activity is categorically excluded from documentation in an environmental assessment (EA) or environmental impact statement (EIS). This activity falls within FSH Section 31.2(15), Issuance of a new special use authorization for a new term to replace an existing or expired special use authorization when the only changes are administrative, there are no changes to the authorized facilities or increases in the scope or intensity of authorized activities, and the applicant or holder is in full compliance with the terms and conditions of the special use authorization. Administrative Review (Appeals) and Implementation This decision is not subject to the procedures of 36 CFR Part 215 for Notice, Comment, and Appeal. This decision may be implemented immediately. Contact For further information about this project, please contact Catherine Callaghan, Realty Specialist, at the Lakeview Interagency Office, 1301 South G Street, Lakeview, OR or Jody Perozzi, Assistant Environmental Coordinator, at the Bly Ranger District. Karen Shimamoto September 14, 2007 Karen Shimamoto Forest Supervisor Responsible Official Date Page 6 of 6