DECISION MEMO LOWER STILLWATER FISHERY ENHANCEMENT U.S. FOREST SERVICE DUCHESNE RANGER DISTRICT ASHLEY NATIONAL FOREST DUCHESNE COUNTY, UTAH

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1 DECISION MEMO LOWER STILLWATER FISHERY ENHANCEMENT U.S. FOREST SERVICE DUCHESNE RANGER DISTRICT ASHLEY NATIONAL FOREST DUCHESNE COUNTY, UTAH BACKGROUND The Rock Creek drainage is a very popular recreation area on the Roosevelt/Duchesne District and the Lower Stillwater Pond complex receives regular use from anglers and others wanting to recreate and enjoy the Forest. There are a total of 13 ponds which are hydrologically connected by a series of culverts and pipes. Two of the ponds are regularly stocked with fish by the Utah Division of Wildlife Resources (UDWR). Fish species stocked include rainbow trout, brook trout and tiger trout. The other ponds are relatively shallow and support a limited number of fish (primarily brook trout and brown trout) which have made their way into the ponds from adjacent Rock Creek. The project area is located approximately 25 miles north of Duchesne, Utah in the Rock Creek drainage near the Forest boundary. The legal description is: T2N, R111W, Section 5 (see attached map). This proposal is needed to enhance fish habitat, repair damaged dikes and banks, and increase angling opportunities in the Lower Stillwater pond complex. Fish habitat would be enhanced by increasing the depth of selected ponds by dredging accumulated sediment and repairing damaged dikes banks. Three ponds are in need of repairs to the dikes and banks damaged by burrowing rodents and trespass cattle. Upon completion of the proposed activities, these ponds would be better utilized as fisheries and provide increased angling opportunity. DECISION I have decided to approve the fish habitat enhancements by dredging four ponds to increase depth and overwintering capability and repair and stabilize banks on three ponds of the Lower Stillwater pond complex. This action is categorically excluded from documentation in an environmental impact statement (EIS) or an environmental assessment (EA). The applicable category of actions is identified in agency procedures as Timber stand and/or wildlife habitat improvement activities that do not include the use of herbicides or do not require more than one mile of low standard road construction (36 CFR 220.6(e)(6). This category of action is applicable because the activities Page 1 of 8

2 proposed would improve fish habitat, would not require the construction of any roads and would not include the use of herbicides. 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: Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species There is no habitat for federally listed threatened or endangered species within the proposed project area. Therefore, the propose project would have no effect on these species. The biological evaluation for aquatic species indicates habitat for sensitive species does not occur within the proposed project area. The biological evaluation for terrestrial wildlife indicates the proposed project would not directly affect habitat for sensitive species. Temporary noise associate with heavy equipment and activities to complete the project would be the primary disturbance for terrestrial wildlife species. The proposed project area is located within a high recreational use area. Therefore, species that use this area have likely become habituated to human activity. Noise generated as a result of the temporary project activities is unlikely to have much of an effect on these species. Flood plains, wetlands, or municipal watersheds The Lower Stillwater Ponds proposed for maintenance and dredging are located outside of natural floodplains. They are in a former upland location, now fed by an irrigation network of canals and pipeline, and separated from natural floodplains by diversion control structures. Proposed maintenance work would not involve changes to these control structures nor would dredged material encroach upon or alter the function of the nearby floodplain of Rock Creek. Proposed dredging would take place within the footprint and below the operating pool elevation of the artificial ponds. Dredged material would be spread and stabilized in a designated upland location. Riparian vegetation present along the shoreline would be retained. The maintenance work on the ponds would not result in filling of wetlands with dredge material or removal of riparian shoreline vegetation. The project area is within source Municipal Watershed protection zones 2 and 4 of the town of Duchesne UT. The withdrawal point for this system is approximately 20 miles downstream of the project area. No effect to drinking sources would result from the project. Dredging activity would occur while the ponds are drained. There would be no potential for delivery of dredged material to Rock Creek and the downstream municipal water sources. The proposed actions would not result in water quality degradation to streams in the area. Therefore, there is no uncertainty that the degree of effect is not significant as a result of implementing the proposed project. Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas None are present within the proposed project area. Inventoried roadless areas or potential wilderness areas None are present within the proposed project area. Page 2 of 8

3 Research natural areas None are present within the proposed project area. American Indians and Alaska Native religious or cultural sites None are present within the proposed project area. Archaeological sites, or historic properties or areas None are present within the proposed project area. The Utah State Historic Preservation Office concurred with the Forest determination of No Historic Properties Affected, 36CFR800.4(d)(1) for the proposed project. Design Features to Protect Water Resources Dredging activity would occur during low-flow season and while artificial ponds were drained/ hydrologically disconnected from nearby streams. Dredged material would be placed in an upland location and stabilized with seed mix recommended by USFS Ecologist, applied in a manner as per USFS Soil Scientist recommendation. To reduce the risk of fuel, oil, or other fluids spilling into water bodies during construction, a spill kit shall be onsite when heavy equipment is being operated below the high waterline of the ponds. Coordination and Contact Requirements Within a February 23, 2012 agreement between the USFS and the Utah Department of Natural Resources, a listing of eight work activities was developed which would not require submission or approval of a Stream Alteration Application. The work in the proposed Lower Stillwater Ponds project would fall under two of the eight exemptions listed (State of Utah, 2012). 5. Work occurring within constructed debris basins or reservoirs provided that all work occurs below the spillway elevation of the basin/reservoir dam. 8. Removal of accumulated sediment within the footprint of an existing structure. Disposal must be in uplands and not sent downstream. As per this agreement, these activities are exempt from both state authorization under Section of the Utah Code and the Federal authorization under Section 404 of the Clean Water Act. However, the Forest Service is required to notify the Division of Water Rights prior to initiating any work that falls within the permit exempt provisions. The USACE (Bountiful, UT field office) was contacted regarding the proposed project and a preconstruction notification is requested by the Corps prior to implementation. The local USACE contact is Tim Kennedy, ext. 12. Page 3 of 8

4 PUBLIC INVOLVEMENT This action was originally listed as a proposal on the Ashley National Forest Schedule of Proposed Actions and updated periodically during the analysis. A scoping letter was mailed out November 19, 2013 requesting scoping comments over a 30-day comment period. Scoping was sent out to the following interested parties: Bureau of Reclamation; Utah Department of Natural Resources Division of Wildlife Resources; Ute Indian Tribe (including Natural Resources Department, Fish and Wildlife; Department, Business Committee and Environmental Coordinator) USDI Fish and Wildlife Service, Utah Field Office; Duchesne County Commissioners; and Other individuals from the public One comment letter was received, which was in support of the proposed project. This comment letter was received from Uintah County. FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS This decision is consistent with the Ashley National Forest Land Management Plan. The Plan has been reviewed in consideration of this project. This decision is responsive to guiding direction contained in the Plan, as summarized in Section I of this document. This decision is consistent with the standards and guidelines contained in the Plan. Forest Plan Consistency (National Forest Management Act) - This Act requires the development of long-range land and resource management plans (Forest Plans). The Act requires that projects and activities are consistent with the Forest Plan. The Plan has been reviewed in consideration of this project. This decision is responsive to guiding direction contained in the Plan and as summarized in this Categorical Exclusion Review. This decision is consistent with the standards and guidelines contained in the Plan (USDA 1986 pp. IV-14 IV-57). Endangered Species Act - As required by this act, an evaluation was completed that addressed the potential effects to threatened and endangered species utilizing the project area. The project s wildlife biologist, fisheries biologist and botanist have determined that the project will not affect any federal listed species. Sensitive Species (Forest Service Manual 2670) Manual direction requires analysis of potential impacts to sensitive species, those species for which the Regional Forester has identified population viability is a concern. Potential effects of this decision on sensitive species have been analyzed by the project s wildlife biologist, fisheries biologist and botanist. It has been determined that this decision may impact individuals, but would not cause a trend toward their federal listing or cause a loss of viability to the populations of these species. Therefore, implementation of this project will not cause a trend to federal listing or loss of viability for any species on the RFSS list for the Ashley National Forest. Page 4 of 8

5 Clean Water Act - This Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through the use of Best Management Practices. This decision incorporates Best Management Practices to ensure protection of soil and water resources. Wetlands (Executive Order 11990) - Wetlands are defined by this order as... areas inundated by surface or ground water with a frequency sufficient to support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds. The proposed project would deepen ponds and stabilize banks and dykes. It would not result in adverse impacts to wetlands and is consistent with Executive Order Floodplains (Executive Order 11988) - Floodplains are defined by this order as... the lowland and relatively flat area adjoining inland and coastal waters, including flood prone areas of offshore islands, including at a minimum, that area subject to a one percent [100-year recurrence] or greater chance of flooding in any one year. The Lower Stillwater Ponds proposed for maintenance and dredging are located outside of natural floodplains. Proposed maintenance work would not involve changes to these control structures nor would dredged material encroach upon or alter the function of the nearby floodplain of Rock Creek. As such the proposal complies with Executive Order (Foodplain Management). 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 of Historic Places. Section 106 of the National Historic Preservation Act also requires federal agencies to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on agency undertakings. This decision complies with this Act. Surveys were conducted for Native American religious or cultural sites, archaeological sites, and historic properties or areas that may be affected by this decision. A No Effect on Historic Properties determination was made. Any unknown archaeological artifacts or remains are discovered at any time during the project, all ground disturbing activity within 300 feet (100m) of the discovery will cease and the project supervisor will immediately contact the Forest Archeologist regarding the discovery. No tribal concerns were identified during the scoping process. Archaeological Resources Protection Act - This Act covers the discovery and protection of historic properties (prehistoric and historic) that are excavated or discovered on federal lands. It affords protection of archaeological resources and sites that are on public and Indian lands. This decision complies with this Act. Native American Graves Protection and Repatriation Act - This 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. This decision complies with this Act. Wild and Scenic Rivers Act This act designates selected rivers and their immediate environments, possessing outstandingly remarkable scenic, recreational, geologic, fish and Page 5 of 8

6 wildlife, historic, cultural, or other similar values; to be preserved in free-flowing condition and protected for the benefit and enjoyment of present and future generations. There are no congressionally designated wild, scenic, or recreational rivers or streams within the project area. 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 Act. Public involvement occurred for this project, the results of which I have considered in this decision-making. 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. 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. ADMINISTRATIVE REVIEW OPPORTUNITIES In light of recent legislation (Consolidated Appropriations Act of 2014 and the Agricultural Act of 2014) effective immediately, the Forest Service will no longer offer notice, comment and appeal opportunities for categorically excluded projects pursuant to 36 CFR Part 215. As such, this decision is not appealable. The Forest Service will continue to offer involvement opportunities for categorically excluded projects as provided for in the agency s NEPA Procedures, see 36 CFR 220.4(d) (SOPA) and 36 CFR 220.4(e) and 220.6(c) (scoping). IMPLEMENTATION DATE Implementation of this proposed project is expected to begin in October CONTACT For additional information concerning this decision, contact: Kristy L. Groves, District Ranger, Duchesne Ranger District, P. O. Box 981, Duchesne Utah (435) /s/ Kristy L. Groves September 3, 2014 Kristy L. Groves District Ranger Date Page 6 of 8

7 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, 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 7 of 8

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