DECISION MEMO USDA FOREST SERVICE (USFS)

Transcription

1 DECISION MEMO USDA FOREST SERVICE (USFS) Lakewood-Laona Ranger District Chequamegon-Nicolet National Forest Oconto County, Wisconsin DECISION I have decided to implement Project, as identified below, and on the attached map. This project is located in the Township 33 North, Range15 East, Section 4, Oconto County, Wisconsin. REASONS FOR THE DECISION Proposed Action: The Wisconsin Department of Transportation (WDOT) will install a new culvert at the historic location. WDOT will size the new culvert to pass the estimated 100-year flood and set at an elevation that will allow fish to pass upstream. This culvert will have a natural streambed built within the culvert to maintain fish passage due to the long length of the new culvert. WDOT will bevel the culvert ends so that it will conform to the slope and would be less likely to become plugged by ice, woody debris or beaver. Fill around the culvert will be compacted to prevent settling, piping of water, and culvert failure. WDOT will temporally divert the stream flow away from the crossing to insure dry installation and minimize sedimentation during construction. Near the outlet end of the new pipe a stream channel will be constructed within the existing highway right-of-way to match the upstream to the downstream section. At Highway 32 and Mosquito Creek culvert crossing, the old, deteriorated pipe will be re-lined with new material to allow cross drainage from the surrounding topography. In addition, the channelized section of stream will be obliterated. Temporary sediment traps (silt fence, straw bales, etc.) would be used to trap sediment until permanent erosion control measures are effective. Erosion control measures will be used to minimize erosion and sedimentation. This project will include seeding to ensure: re-vegetation and development of permanent ground cover; placement of mulch near the stream, on cut and fill slopes, and in ditches to protect the bare soil surface from erosion until re-vegetation is complete, and to enhance re-vegetation; 2:1 fill slopes or headwall at the culvert; placement of rock riprap at the inlet and outlet to prevent scour; placement of gravel and crowning of the road where needed; re-establishment of ditches and outlet ditches where needed 1

2 After the main highway crossing is constructed, the USFS will replace the crossing at Mosquito Creek at Forest Road (FR) 2123 (Diamond Roof Road). The project will install a larger, longer corrugated metal pipe arch set at a lower elevation. Roadwork at this site will involve re-establishing ditches and installing a low point away from the crossing to direct road runoff away from the stream crossing. The road surface will be armored with aggregate to prevent erosion. An integral part of my decision is the design feature identified as needed for the protection of other forest resources and authorized uses during the interdisciplinary analysis conducted for this project, this includes: If cultural resources are located during project implementation, work will cease in the immediate area of the discovery and only resume once the Heritage Staff has cleared the area. Purpose and Need: Lakewood-Laona District Ranger has identified a need to restore aquatic organism passage, groundwater connectivity, and channel morphology in the headwaters of Mosquito Creek. The current condition Currently the Highway 32 crossing has an unmapped segment of stream in the headwaters of Mosquito Creek that was groundwater fed. Also this was where the biologist had observed brook trout. This stream segment has been disconnected from the historic channel by routing water down the ditch on the east side of Highway 32 before passing it under the highway to Mosquito Creek in a severely perched culvert that is a fish passage barrier. Field investigation revealed the historic channel crossed the highway about 600 feet upstream, where flow is ponded and diverted down the ditch. This causes flow to by pass nearly 1,000 feet of historic channel on the west side of the highway. The ponded area extends upstream another 500 feet. Diamond Roof Road crossing has a culvert that is inadequate in size restricting natural hydrologic connections and preventing fish passage to aquatic habitat. The desired condition At the Highway 32 crossing, WDOT will install a stream simulation culvert at the historic location to restore flow to 1,000 feet of historic channel downstream, restore 500 feet of channel upstream, provide access to 0.4 miles of aquatic habitat, and restore the natural hydrologic connections for both groundwater and surface water flows. The USFS will have to replace the crossing on FR 2123 where the historic channel crosses because that culvert is perched and undersized. Diamond Roof Road crossing s desired condition is for an improve channel morphology and ultimately provide access to an additional aquatic habitat while restoring the natural hydrologic connections for both groundwater and surface water flows. 2

3 The Chequamegon-Nicolet Land and Resource Management Plan (forest plan) of 2004 provides the following direction: Goal 1.3 Aquatic Ecosystems, page 1-2, Provide for ecologically healthy streams, riparian areas, lakes, and wetlands, including a decline in the occurrence of exotics such as carp, zebra mussel, rusty crayfish, Eurasian milfoil, and purple loosestrife. Wetlands, Standard, page 2-14, Protect hydrologic function and maintain natural hydrologic regimes. Rationale: My selected action fully meets the intent of the 2004 Chequamegon-Nicolet National Forest (CNNF) forest plan, and the purpose and need as identified, above. The project is located in Management Areas 2A Uneven-aged Northern Hardwoods and 2B Uneven-aged Northern Hardwoods: Interior Forest. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION Category of Exclusion: I have determined this action falls under the following category of action that is normally excluded from documentation from Environmental Assessment or Environmental Impact Statement pursuant to 36 Code of Federal Regulations (CFR) 220.6(e) 18: Restoring wetlands, streams, riparian areas or other water bodies by removing, replacing, or modifying water control structures such as, but not limited to, dams, levees, dikes, ditches, culverts, pipes, drainage tiles, valves, gates, and fencing, to allow waters to flow into natural channels and floodplains and restore natural flow regimes to the extent practicable where valid existing rights or special use authorizations are not unilaterally altered or canceled. Examples include but are not limited to: (i) Repairing an existing water control structure that is no longer functioning properly with minimal dredging, excavation, or placement of fill and does not involve releasing hazardous substances; (ii) Installing a newly-designed structure that replaces an existing culvert to improve aquatic organism passage and prevent resource and property damage where the road or trail maintenance level does not change FINDING OF NO RELATED EXTRAORDINARY CIRCUMSTANCES I find there are no extraordinary circumstances present that may result in a significant individual or cumulative environmental effect. Specifically, the following circumstances were evaluated and found not related (Forest Service Handbook [FSH] ): (Reference: Extraordinary Circumstance Checklist) 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. A biological analysis has been completed (Anderson 2/2015 and Janke 3/2015). No impacts or effects. 3

4 2. Floodplains, wetlands or municipal watersheds. There are no municipal watersheds in the project area. Wetlands and floodplains located near the project area but no adverse impacts expected (Sommer 12/2014). 3. Congressionally designated areas (forest plan final environmental impact statement [FEIS] pages and 3-201). This is not a wilderness or other congressionally designated site (Houtler 2/2015). 4. Inventoried roadless areas (forest plan FEIS Appendix C and 2000 Roadless Area Conservation Rule). The affected area does not lie within inventoried roadless (Houtler 2/2015). 5. Research Natural Areas. The affected area does not lie in or near a Research Natural Area (Janke 3/2015). 6. American Indian and Alaska Native religious or cultural sites: Local and affected Indian tribes were notified about this action. No concerns of religious or cultural sites were identified (Seefeldt 3/2015). 7. Archeological sites, or historic properties or areas. The Forest Archeologist reviewed and completed a cultural resource inventory (McKay 2/2015). The Forest Archeologist did not identify any archeological, cultural, or historical values, and none are anticipated. Based upon experience with similar types of projects, the Forest Service considers these actions minor in context and intensity. Therefore, this action is categorically excluded from documentation in an environment assessment or environmental impact statement. PUBLIC INVOLVEMENT The public, other agencies, tribes, and interested parties were notified of this action by scoping notices on February 26, 2015 and through the Forest s January/March Schedule of Proposed Actions. The CNNF posted the scoping on the forest website on February 26, The Lakes/Forest County Beacon published this project on March 9, The District received several responses from these notices, both positive and negative. One landowner was concerned that his property was going to be flooded. USFS response to this comment is: Flood Frequency data: The proposed culvert to be installed at Hwy 32 and Mosquito Creek is sized to be able to pass flood flows for a 100-year hydrologic event. The size of the culvert is based on the drainage area contributing to the location (0.59 sq. mi.) and flood flow estimates based on calculations derived from the National Streamflow Statistics (NSS) program. Approximately 0.2 miles downstream of the proposed culvert replacement Diamond Roof road crosses Mosquito Creek. This crossing would be replaced within 1-2 years as the culvert is set too high and restricting aquatic organism passage. Flood flow estimates are based on calculations derived from the National Streamflow Statistics Program. In addition, the culvert is sized to match bank full width to be able to construct a streambed within the culvert for aquatic organism passage. The new culvert will be set low to match streambed elevation and it will not increase flood flows. 4

5 Approximately 0.2 miles downstream of the proposed culvert replacement is a road crossing at Diamond Roof Road. This crossing will be replaced within one to two years as the culvert is set too high and restricting aquatic organism passage. Located outside of the project area, the next road stream crossing is located downstream of Mosquito Lake and is approximately 0.8 miles (stream miles) from Diamond Roof Road. The crossing at Mosquito Lake Road and Mosquito Creek (outlet of lake) was replaced approximately two years ago. There is a beaver dam located approximately 200 feet upstream of the crossing which is regulating water levels in Mosquito Lake. Past reports at the Mosquito Lake Road crossing have indicated road/culvert washouts due to material plugging the culvert. The proposed project will not cause downstream flooding of this crossing. Based upon public, other agency, and internal scoping, the Interdisciplinary Team did not identify any extraordinary circumstances potentially caused by this action. The interdisciplinary team surveyed the area for presence of extraordinary circumstances and found none (botanist, biologist, archeologist, water resources, and National Environmental Policy Act Coordinator). COMPLIANCE WITH LAWS AND REGULATIONS I have considered relevant laws, regulations, and agency direction. I find my decision complies with the National Forest Management Act, National Environmental Policy Act, and the Endangered Species Act. I have considered direction in the Forest Service Manual 1950 and FSH The analysis and my decision are consistent with that direction. Forest Plan Consistency (National Forest Management Act): The National Forest Management Act of 1976 (Section 6(g) (3), (e) (iv), and (f) (i)) and resulting regulations (36 CFR ) require that management practices carried out on National Forest System land meet the objectives and requirements of the forest plan. This project specifically meets forest plan objective 3.4e by working collaboratively with other agencies and the public to protect and restore watersheds (forest plan page 1-8). Clean Water Act, As Amended 1977: The Federal Water Pollution Control Act of 1972, as amended, is commonly referred to as the Clean Water Act. Under Section 404, the U.S. Army Corps of Engineers has been given responsibility to regulate the discharge of dredged and fill material into waters of the United States, including wetlands (33 CFR 323.3). There is no discharge of dredged and fill materials into waters or wetlands associated with this project (CE Checklist). Endangered Species Act of 1973, As Amended 1978, 1979, 1982, 1988 (16 United States Code [USC] 1531): This act provides direction to the Forest Service to establish objectives for habitat management and recovery through the forest plan for the conservation and protection of endangered and threatened species. This project is consistent with these guidelines. There is no critical habitat present in the project area (CE Checklist). 5

6 National Historic Preservation Act (16 USC 470): This act provides direction for Federal agencies to establish a program for preservation of historic properties. In compliance with this act, the Forest Archeologist analyzed the potential impacts to sites eligible for the National Register of Historic Places. If archaeological remains are found prior to or during implementation, work will stop immediately until evaluation and clearance are provided (CE Checklist). Wild and Scenic Rivers Act: There are no designated or eligible Wild and Scenic Rivers within the project area (forest plan p. 3-42). Wilderness Act: There is no designated or proposed Wilderness within the project area. There are no Roadless Inventory Areas within the project area (forest plan FEIS 3-199). Executive Order 12898: I have reviewed this action in accordance with Executive Order (consideration of environmental justice). I find scoping was adequate to inform low income and minority populations that may be affected by this action. No concerns of disproportionate health or environmental effects surfaced. Adverse effects of this action will be minor or not apparent. Therefore, I find my decision will not disproportionately create high and adverse health or environmental effects to low income or minority populations. ADMINSTRATIVE REVIEW AND IMPLEMENTATION DATE My decision is not subject to a higher level of administrative review or objection pursuant to the 2014 Farm Bill, Section The District can implement this decision immediately. For more information about this decision, contact Sara Sommer, Rhinelander Office, 500 Hanson Lake Road, Rhinelander, WI (Phone ). SIGNATURE AND DATE /s/ Jeff Seefeldt 4/27/15 Jeff Seefeldt Date District Ranger 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) 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) USDA is an equal opportunity provider and employer. 6