Proposed New Type and Diameter (ft)* T30N, R6E, Sec. 5, NW¼ NW¼- South Fork Clear Creek. Diameter (ft)

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1 DECISION MEMO CLEAR CREEK CULVERTS REPLACEMENTS USDA Forest Service, Northern Region Moose Creek Ranger District, Nez Perce National Forest Idaho County, Idaho I. Decision I have decided to authorize replacement of ten culverts and removal of one culvert within the Clear Creek watershed to provide for fish passage at nine of the sites and reduce the risk of failure at all eleven of the sites at the following locations on the Moose Creek Ranger District: Culvert Location Existing Type and Diameter (ft) Proposed New Type and Diameter (ft)* T30N, R6E, Sec. 5, NW¼ NW¼- South Fork Clear Creek 3 round CMP 5 squash T30N, R6E, Sec. 7, SE¼ SW¼- South Fork Clear Creek 3 round CMP 7 bottomless arch T31N, R5E, Sec. 22, SE¼ SE¼- West Fork Clear Creek 5 round CMP 10 bottomless arch T31N, R5E, Sec. 23, NW¼ SW¼- Hoodoo Creek 5 round CMP 12 bottomless arch T31N, R5E, Sec. 33, NW ¼ NE ¼- West Fork Clear Creek 4 round CMP 7 bottomless arch T31N, R6E, Sec. 2, SE¼ SW¼- Clear Creek Pipe #1 4 round CMP 8 bottomless arch T31N, R6E, Sec. 10, SW¼ NE¼- Clear Creek Pipe #2 3 round CMP 5 squash T31N, R6E, Sec. 10, SW¼ NE¼-- Clear Creek Pipe #3 3 round CMP 8 bottomless arch T31N, R6E, Sec. 33, SW¼ NE¼- Kay Creek 5 round CMP 9 bottomless arch T32N, R6E, Sec. 36, NW¼ NW¼- Brown Springs Creek 5 round CMP 8 bottomless arch T31N, R5E, Sec. 26, SE ¼ NW¼- Remove through 5 round CMP Hoodoo Creek decommissioning * Estimated new diameter and type- these are minimums and may change with final design The nine fish culverts would be constructed to be at least bankfull width plus an additional two feet of width to allow for stream bank development within the structure. The remaining culverts would be sized to accommodate a minimum of the 100-year stream flow event or the streams bankfull width, whichever is larger. Excavators and dumptrucks would be used to remove the existing road fill and old culvert at each of the sites. The excess fill would be stored at a location designated by Forest Service Engineers. Page 1 of 12

2 Work at these sites would require temporary closures of Forest Service Roads 286, 1106, and It is possible that a bypass lane could be developed along Forest Road 286 for four of the culvert replacements, if deemed necessary. Past reconstruction work of similar size and scope resulted in road closures of approximately two to three weeks. Delays in public travel on these roads at these sites during construction can be expected. After completion of the culvert replacements, the road would be resurfaced and reopened to traffic. Activities would conform to the Biological Assessment for Stream Crossing Structure Replacement and Removal Activities Affecting ESA-listed Species in Idaho National Forests (June 9, 2005). The project would occur during the low water flow period generally between July and the end of September. Dependent upon funding availability, work would occur during 2012 and Design Criteria The Clear Creek Culverts Replacements project includes design criteria identified below to prevent noxious weed spread, and protect water quality and fisheries. These items are not allinclusive, as the Forest Plan standards are incorporated by reference (USDA Forest Service 1987, as amended). Comply with the Biological Assessment for the Nez Perce National Forest Culvert Replacement and Road Decommissioning Projects Clear Creek Drainage Federally Listed Species (June 27, 2011) (Appendix A). Design all culverts to accommodate a minimum of a 100-year flow event as per PACFISH standard and RF-4 guideline. Design new culverts to maintain at a minimum bankfull flows with natural substrate bottoms. Ensure the culvert width will exceed the bankfull width in fish-bearing streams. Place the new culverts at the natural stream grade and slightly countersunk to allow for gravel deposition within the pipe. Conduct all in-stream work after August 1 at the Brown Springs Creek site to protect steelhead trout that may spawn in the downstream. Conduct all in-stream work at the other sites after July 15 to minimize turbidity levels during high streamflows. Due to the absence of bull trout in the upper Clear Creek drainage, the work window would extend into late October (weather dependent) to take advantage of the low stream flows. Require the contractor to submit a plan for controlling erosion during construction activity. The Erosion Control Plan will address construction activities that have the potential for stream sedimentation including, but not limited to, dewatering the site. Divert the stream at each culvert replacement location (via temporary culvert) or pump it around the work site (dewatered) and place fish screens on the pump intakes to eliminate uptake of fish. The dewatering will be completed slowly to allow any fish to passively move downstream of the project site. Remove any fish remaining in pools (i.e. plunge pool at the culvert outlet) via dip net and/or seine. Dewater the stream at the construction site using a non-eroding, water tight diversion during excavation. Use settling basins or other methods to ensure that muddy water does not return to the stream. Install diversions operated and removed such that erosion and sedimentation are minimized. Remove culverts and then excavate the sites to accommodate the new and larger pipes or bottomless structures. Page 2 of 12

3 Show any soil and vegetative disturbance more than 50 feet upstream or downstream of the culvert/bridge site in the design. In such cases, ensure channel and vegetative restoration are part of the plans. Address channel and vegetative restoration as part of the plans for any new structure placements that require channel realignment or instream work to restore channel grade (i.e. fix head cutting). Place the new culverts at the natural stream grade and slightly countersunk to allow gravel deposition within the pipe. Address control of surface run-off from the road and adjacent slopes in the vicinity of the replacement culvert during project design. Wherever possible, ensure run-off will be controlled so that it does not run directly into the stream, and consider armoring channel banks and dissipating energy with large rock when needed. Implement erosion control measures when needed to reduce or avoid delivery of sediment to waterways. Such measures include adding ditch relief culverts, rocking ditches and constructing sediment detention basins or traps adjacent to channels. Instream sediment traps may be used in smaller channels; these should be cleaned out and removed when the project is complete. Re-vegetate construction sites using a combination of seeding and mulching, and planting with native species. Mulch with native materials where available, or use weed-free straw to ensure coverage of exposed soils. Use erosion control mats on fill slopes and disturbed stream banks when needed. Compact embankments in layers using a roller or other acceptable compaction equipment. Operate the compaction equipment for at least three passes over the full width of each layer until visible deformation of the layer ceases. Lay back fill slopes to 1.5:1 or the angle of repose of the fill material above replacement culverts. Dispose of removed culverts and other structural materials off National Forest system lands. Post closure of roads with signs and by issuing press releases to local media. Clean equipment used for instream work of external oil, grease, dirt and mud; and repair leaks prior to arriving at the project site. The COR will inspect all equipment before unloading at site. Inspect equipment daily for leaks or accumulations of grease, and correct identified problems before entering streams or areas that drain directly to streams or wetlands. Ensure removal of all dirt and plant parts to ensure that noxious weeds and aquatic invasive species are not brought to the site. Fuel and service equipment used for in-stream or riparian work (including chainsaws and other hand power tools) in an area that will not deliver fuel, oil, etc. to riparian areas and streams. Follow the provisions of the spill plan (Appendix B). Although no steelhead trout or bull trout are expected at any of the culvert replacement sites, ensure fisheries personnel survey each site the month prior to scheduled work to confirm no listed fish species are present. If listed fish (steelhead trout or bull trout) are found, the Forest will re-initiate consultation for the specific culvert site(s) prior to project implementation. Page 3 of 12

4 II. Rationale for Decision and Reasons for Categorically Excluding the Decision A. Category of Exclusion and Rationale for Using the Category Based on information in this document and the project record, I have determined that no extraordinary circumstances affecting resource conditions exist (36 CFR 220.6), that this project may be categorically excluded from documentation in an EA or EIS, and that it meets all the criteria outlined for 36 CFR (d)(4) Repair and maintenance of roads, trails and landline boundaries and 36 CFR (e)(7) Modification or maintenance of stream or lake aquatic habitat improvement structures using native materials or normal practices. The rationale for my decision is based on: 1) the proposed action fully meeting the criteria for Categorical Exclusions, 2) the proposed action meeting the purpose and need, 3) the findings related to extraordinary circumstances, discussed below, 4) the project s consistency with laws and regulations, including the Forest Plan, 5) the on-the-ground review and discussion with district resource specialists, and 6) my review of the Biological Assessments (BA), Biological Evaluations (BE), and specialists reports. B. Finding No Extraordinary Circumstances Based on the findings for resource conditions described below, I have determined that no extraordinary circumstances are associated with my decision. Forest Service direction at 36 CFR 220.6(b) describes the resource conditions that should be considered in determining whether extraordinary circumstance related to the proposed action warrant further analysis and documentation in an EIS or EA. Additionally, 36 CFR 220.6(b) states The mere presence of one of more of these resource conditions does not preclude use of a categorical exclusion. It is the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions and if such a relationship exists, the degree of the potential effect of a proposed action on these resource conditions that determines whether extraordinary circumstances exist. 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 Interdisciplinary Team (ID Team) Botanist, and Wildlife and Fisheries Biologists determined the proposed actions would have no direct or indirect effect or impact on listed or sensitive plant, wildlife, or fish species or habitat, and suitable habitat would not be altered because habitat is not present in the project area, habitat is present but the species do not occur in the project area, or habitat is present and the species may occur, but the project would not affect the habitat for the species, and therefore no extraordinary circumstances were identified regarding the effects to these resources, as documented in the Biological Assessments and Evaluations, and specialists reports (see plant, wildlife, and fish sections of the project record), with the following exceptions. Plant Species and Habitat The Botanist determined the proposed actions may impact individuals or habitat of the following plant species, but are not likely to cause a trend toward federal listing or reduce viability for the populations or species: green bug-on-a-stick, evergreen kittentail, light hookeria, and naked-stem rhizomnium. Page 4 of 12

5 It is possible that three rare moss species, light hookeria, green bug-on-a-stick, and nakedstem rhizomnium could occur along the effected streams. Also the road banks and riparian areas potentially affected could support evergreen kittentail, which is found at numerous places in the general vicinity. One location is along the stream and adjacent slope just downstream from one of the culverts to be replaced. The proposed actions have potential to affect all these species or their habitat. However, this habitat is general in the area with only a miniscule amount of the potentially suitable habitat involved with the disturbance. Thus, there is no concern for the viability of any of these species as a result of this project. Based on this analysis, no extraordinary circumstances were identified regarding the effects to rare plants. Fish Species and Habitat The Fisheries Biologist determined the proposed actions may impact individuals or habitat of Westslope cutthroat trout, but are not likely to cause a trend toward federal listing or reduce viability for the populations or species; and may affect, but are not likely to adversely affect steelhead trout and designated critical habitat, bull trout, and spring Chinook and coho salmon essential fish habitat (EFH). The project would have no effect to bull trout critical habitat in the Middle Fork Clearwater River because the project area contains no designated critical habitat for bull trout. These determination are based on potential short-term effects when the culverts are replaced related to increases in turbidity, localized increases in sedimentation, and potential changes in rearing behavior during project implementation. However, sediment deposition resulting from the project will be readily transported by the streams, the amount of sediment is well within the steams capacity to transport, and project timing would avoid conflicts during spawning, incubation, and early rearing period. Further potential for effects to federally listed threatened and endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, and Forest Service sensitive species is documented in the Biological Assessment for the Nez Perce National Forest Culvert Replacement and Road Decommissioning Projects Clear Creek Drainage Federally Listed Species (June 27, 2011) (BA). The United States Department of Interior Fish and Wildlife Service concurred with the bull trout determinations. The BA contains substantial direction, design criteria, and mitigation measures which are incorporated as design criteria for the Clear Creek Culverts Replacements project to minimize risks of disturbance to the stream and fish habitat. Long-term, the project would result in improved fish passage through the crossings and reduced risk that the crossing structures would fail during an extreme flow event, thereby resulting in an improved condition for the streams and fish habitat. Based on this analysis, no extraordinary circumstances were identified regarding the effects to fish species or habitat. 2. Floodplains, wetlands, or municipal watersheds: The project area is not located within a municipal watershed, and no actions are proposed that would modify or destroy wetlands, or modify or occupy floodplains to an extent greater than already exists. Therefore, no direct or indirect significant, adverse effects to floodplains, wetlands, or municipal watersheds are proposed or expected for this project. Although soil disturbance will occur when the culverts are installed, and some sediment Page 5 of 12

6 transport will occur when the culverts are installed, because of project design, only an insignificant and immeasurable amount of sediment could be delivered to Clear Creek or its tributaries as the result of this project being implemented. As such, no significant adverse effects to the water quality, including increased sediment load of Clear Creek or area waters are expected. Based on this analysis, no extraordinary circumstances were identified regarding the effects to water quality of streams within the area; downstream waters; or resources in floodplains, wetlands, and municipal watersheds; thereby complying with EO 11988, EO 11990, and FSH Chapter Congressionally designated areas, such as wilderness, wilderness study areas or national recreation areas: The project areas are not located within congressionally designated wilderness areas, wilderness study areas, or Wild and Scenic River corridors, and therefore, no extraordinary circumstances were identified to these resources. 4. Inventoried roadless areas or potential wilderness areas: The projects are not located within any Clearwater Forest Plan Roadless Areas or Idaho Roadless Areas (36 CFR 294 Subpart C), or potential wilderness areas, and therefore, no extraordinary circumstances were identified to these resources. 5. Research Natural Areas: The project areas do not include land designated as a Research Natural Area, and therefore, no extraordinary circumstances were identified to these resources. 6. American Indians and Alaska native religious or cultural sites and 7. Archaeological sites, or historical properties or areas: The proposed actions will have no effect on religious, cultural, archaeological sites or historic properties because previous inventories have adequately covered the project area and no historic properties are present, or the project is located in an area identified as having a low probability for the presence of historic properties, and therefore, no extraordinary circumstances were identified to native religious or cultural sites, archaeological sites, or historical properties or areas. Additionally, the Nez Perce Tribal Government Liaison and the Nez Perce Tribe reviewed the project and determined it would not affect Nez Perce Tribe Treaty rights or Nez Perce Tribal members abilities to exercise those rights. III. Interested and Affected Agencies, Organizations, and Persons Contacted On October 5, 2010, the Nez Perce and Clearwater National Forests mailed a letter providing information and seeking public comment to 527 individuals, organizations, a variety of state and local agencies, and the Nez Perce Tribe. Additionally, project information has also been made available at under NEPA projects. Three individuals/agencies responded during the public comment period. We considered their comments, and although some respondents questioned effects to water quality, and project priorities, we analyzed the effects of project activities on these and other resources, and determined no significant issues concerning extraordinary circumstances, use of the 36 CFR 220.6(d)(4) or (e)(7) categories, or Forest Plan compliance were raised. The letters are located in the project record. Page 6 of 12

7 IV. Findings Required by Other Laws Based on my review of the actions associated with this project, I find that this project is consistent with applicable Federal laws and regulations. National Forest Management Act and Nez Perce National Forest Plan: These actions are consistent with the Nez Perce National Forest Plan (USDA Forest Service 1987), as amended, as required by the National Forest Management Act of 1976 because they follow the standards and guidelines contained in those plans. In addition, the decision considers the best available science [36 CFR (a) (Reinstatement of the 2000 Planning Rule; 74 FR 242)]. PACFISH/INFISH Riparian Habitat Conservation Areas (RHCAs): All activities associated with the proposed actions comply with direction regarding PACFISH/INFISH because no effects to most wildlife or fish species or habitat are anticipated, and project will comply with the Biological Assessment for the Nez Perce National Forest Culvert Replacement and Road Decommissioning Projects Clear Creek Drainage Federally Listed Species (June 27, 2011), which ensures protection of RHCAs. Endangered Species Act: A Forest Service Fish Biologist, Wildlife Biologist, and Botanist evaluated the proposed actions with regard to the Endangered Species Act as documented in the Biological Assessments, Biological Evaluations, and specialists reports, and determined the project is consistent with the Endangered Species Act because no effects to most threatened and endangered species are anticipated, and the proposed actions will not likely adversely affect steelhead trout and designated critical habitat, bull trout, and spring Chinook and coho salmon essential fish habitat (EFH). Clean Air Act: This project will comply with the provisions of the Clean Air Act, and the rules, regulations, and permit procedures of the Environmental Protection Agency (EPA) and the Idaho Department of Environmental Quality (IDEQ) because no effects to air quality are anticipated and no prescribed burning is planned. Clean Water Act and State Water Quality Laws: The Interdisciplinary Team Hydrologist has determined that this project complies with the Clean Water Act, and state and federal water quality laws because it will have no significant effects to the water quality of area or downstream waters. National Historic Preservation Act: Because of the type of project and its location, the Forest Cultural Resource Specialist has determined that it has little likelihood to adversely affect cultural properties. Therefore, this project meets the agency s responsibilities under the National Historic Preservation Act (16 USC 470), as amended, and is consistent with the Programmatic Agreement between the Idaho State Historic Preservation Officer, the Advisory Council on Historic Preservation and the Region 1 National Forests in Northern Idaho Regarding the Management of Cultural Resources. Migratory Bird Treaty Act: No substantial losses of migratory bird habitat are expected from the implementation of this proposal, nor any measurable impact on neotropical migratory bird populations as a whole, therefore, the proposed actions would comply with the Migratory Bird Treaty Act. The project complies with the U.S. Fish and Wildlife Service Director s Order #131 related to the applicability of the Migratory Bird Treaty Act to federal agencies and requirements for permits for take. In addition, the project complies with Executive Order because the Page 7 of 12

8 analysis meets agency obligations as defined under the January 16, 2001 Memorandum of Understanding between the Forest Service and U.S. Fish and Wildlife Service designed to complement Executive Order American Indian Treaty Rights: The Nez Perce Tribal Government Liaison and the Nez Perce Tribe reviewed the project, and determined the proposed actions would not affect Nez Perce Tribe Treaty rights or Nez Perce Tribal members abilities to exercise those rights. Environmental Justice: The proposed actions will not disproportionately impact consumers, Native American Indians, women, low-income populations, other minorities, or civil rights of any American Citizen in accordance with Executive Order No disproportionate impacts to minority or low-income populations were identified during scoping or the effects analysis. Prime Farm Land, Range Land, and Forest Land: The proposed actions comply with the Federal Regulations for prime land. The definition of "prime" forest land does not apply to lands within the National Forest System. The project area does not contain any prime range land or farm land. Federal lands would be managed with appropriate sensitivity to the effects on adjacent lands. Energy Requirements: No unusual energy demands are required to implement the proposed actions. Other Laws or Requirements: The proposed actions are consistent with all other Federal, State, or local laws or requirements for the protection of the environment and cultural resources. V. Administrative Review and Appeal Opportunities, and Implementation Date This decision is not subject to appeal pursuant to Forest Service regulations 36 CFR Part (f) and may be implemented immediately. VI. Contact Person Questions regarding this decision should be sent to Marty Gardner, Nez Perce National Forest Supervisor s Office, 104 Airport Road, Grangeville, Idaho or by phone at (208) or fax at (208) during normal office hours [weekdays, 7:30 a.m. to 4:30 p.m. (PST)]. Page 8 of 12

9 VII. Signature of Deciding Officer JOE HUDSON District Ranger Date cc: Karen Smith The U.S. Department of Agriculture (USDA) prohibits discrimination in its programs on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation or marital or family 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 Avenue SW, Washington, DC , or call (voice or TDD). USDA Forest Service is an equal opportunity provider and employer. Page 9 of 12

10 Appendix A On File at Moose Creek Ranger District Office: USDA Forest Biological Assessment for the Nez Perce National Forest Culvert Replacement and Road Decommissioning Projects Clear Creek Drainage Federally Listed Species (June 27, 2011). 30 p. Page 10 of 12

11 Prevention of Oil Spills Appendix B Spill Plan The contractor is required to have a spill plan. The plan will contain a description of the specific hazardous materials, procedures, and spill containment that will be used, including inventory, storage, and handling. All vehicles carrying fuel will have specific equipment and materials needed to contain or clean up any incidental spills at the project site. All pumps and generators used in or near streams will have appropriate spill containment structures and/or absorbent pads in place during use. When storage facilities for oil or oil products are on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or any other body of water. If a spill of petroleum product should occur in water, immediately notify the Contracting Officer and appropriate state agencies. Service all equipment only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Meet all applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. Contractor shall ensure that all personnel involved in handling and packaging the hazardous waste are trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Provide handling and personal protective equipment appropriate to ensure safe handling of the hazardous waste according to 29 CFR ). Notify the Forest Service of all hazardous material that may be brought onto the National Forest. The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. The contractor must clean up spills or leaks in a manner that complies with Federal, state, and local laws and regulations and to the satisfaction of the CO. Any spills resulting in a detectable sheen on water shall be reported to the EPA National Response Center ( ). Any spills over 25 gallons will be reported to the Idaho Division of Environmental Quality and cleanup will be initiated within 24 hours of the spill. When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies. Equipment Fuel/Oil Leakage All equipment used for instream work will be cleaned of external oil, grease, dirt and mud; and leaks repaired; prior to arriving at the project site. All equipment will be inspected by the Contracting Officer s Representative before unloading at site. Any leaks or accumulations of grease will be corrected before entering streams or areas that drain directly to streams or wetlands. Equipment used for in-stream or riparian work (including chainsaws and other hand power tools) Page 11 of 12

12 will be fueled and serviced in an area approved by the CO. When not in use, vehicles will be stored in the designated staging area. The staging area should be in an area that will not deliver fuel, oil, etc. to streams. Oil-absorbing floating booms, and other equipment such as pads and absorbent peanuts appropriate for the size of the stream, will be available on-site during all phases of construction. For small streams with few pools or slack water, booms may not be effective. Use pads and straw bales to anchor booms if necessary. Booms will be placed in a location that facilitates an immediate response to potential petroleum leakage. Page 12 of 12