Decision Memo Sawtooth Trail #3634 Reroute

Transcription

1 Decision Memo Sawtooth Trail #3634 Reroute USDA Forest Service Middle Fork Ranger District Willamette National Forest Lane County, OR T.25S, R.5.5E, Section 22, Willamette Meridian Purpose and Need The Sawtooth Trail (3634) crosses a very narrow ridge using a set of four steep, eroded switchbacks. The trail climbs at 20-30% with two sharp corners on each side of the ridge. It is possible to build trail following a contour line around the end of the ridge to eliminate these difficult and unsustainable switchbacks. The reroute would average <10% grade with short pitches never exceeding 15%, while the current trail segments exceed 30% with deep trenching from user traffic and snowmelt. Proposed Action Middle Fork Recreation proposes to reroute 1500 feet of the Sawtooth trail in the Oregon Cascades Recreation Area to improve sustainability and to improve the trail user experience. We propose to build the reroute with hand tools using youth and volunteer labor with USFS supervision during the summer of Design Features/Criteria New trail will be built to both equestrian and motorcycle hybrid trail Class II standards. For each user type, the higher standard is used. For example: Equestrian clearing limits will be used because they are wider, but motorcycle trail grade specifications are used because they are lower and therefore more appropriate for all user types. Scoping and Public Involvement - Interested and Affected Agencies, Organizations, and Persons Contacted This action was originally listed as a proposal on the Willamette National Forest Schedule of Proposed Actions (SOPA) on April 1, 2016 and has been updated periodically during the analysis ( A Public Scoping Letter was sent out dated May 19, 2016 summarizing the location of this project and its purpose and need. Comments on the proposed action were accepted from June 6-July 6, No comments were received. During internal scoping, Middle Fork Ranger District resource specialists raised no issues and found no significant effects on the human environment in relation to implementing this proposed 1

2 action. All supporting documentation is located in the project file available at the Middle Fork Ranger District. Tribal Consultation Tribal organizations were consulted early regarding this proposal on May 9, Letters, s, and phone calls were sent to Confederated Tribes of the Grand Ronde, Confederated Tribes of the Siletz Indians, The Klamath Tribe and Confederated Tribes of Warm Springs. No responses were received. Categorical Exclusion Criteria I find that this project is within a category of actions established by the Chief of the Forest Service that do not individually or cumulatively have a significant effect on the human environment, and can be categorically excluded from documentation in an EA or EIS. The project fits within CE Category: Construction and Reconstruction of Trails, 36 CFR (e)(1) This category of action is applicable because CE Category 36 CFR (e)(1) identifies trail construction and reconstruction as actions with no significant effect on the quality of the human environment. A review has been made to determine there are no extraordinary circumstances related to the proposed action. Due to the nature of the actions under this decision, it is at my discretion as the Responsible Official, that a case file and Decision Memo have been prepared to disclose the level of analysis and potential impacts to the environment. Table1 outlines the resource conditions that must be considered in determining whether extraordinary circumstances related to the proposed action warrant further analysis and documentation. During development of the proposed action, a team of resource specialists determined whether or not any of the resource conditions were present and the degree of the potential effects on the listed resource. Table 1: Evaluation of Extraordinary Circumstances Related to the Proposed Action Extraordinary Circumstance to be Evaluated Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species Present? (Yes or No) No Degree of Potential Effect Listed/Proposed T and E species: Northern Spotted Owl (Strix occidentalis caurina): Disturbance/Disruption: No effect (NE). Critical habitat: May affect, not likely to adversely affect (NLAA). Townsend s big eared bat (Corynorhinus townsendii): May impact individuals or habitat, but will not likely contribute to a trend toward Federal listing or cause a loss of viability to the population or species (MAII). Fringed myotis (Myotis thysanodes) MAII Sierra Nevada Red Fox (Vulpes vulpes necator): MAII 2

3 Table 1: Evaluation of Extraordinary Circumstances Related to the Proposed Action Extraordinary Circumstance to be Evaluated Present? (Yes or No) No Degree of Potential Effect FS Sensitive species No Effect and No Impact For Fungi, surveys are not required, were deemed not practical and unlikely to be found in the project area. Floodplains, wetlands, or municipal watersheds Congressionally designated areas such as wilderness, wilderness study areas or national recreation areas Inventoried Roadless Areas or potential wilderness areas Research Natural Areas American Indians and Alaska Native religious or cultural sites Archaeological sites, or historic properties or areas Tribal organizations were consulted early regarding this proposal on May 9, Letters, s, and phone calls were sent to Confederated Tribes of the Grand Ronde, Confederated Tribes of the Siletz Indians, The Klamath Tribe and Confederated Tribes of Warm Springs. No responses were received. Based on the information in the table above, I find that no extraordinary circumstances exist for this project that would warrant further analysis and documentation in an EA or EIS. Decision and Rationale for Decision Based on my review of the information presented in this document and the supporting documents in the project record, I have decided to implement the proposed action as described above. 3

4 Through past experience and review of similar projects, I have concluded that this project is not a major Federal action. It will have limited context and intensity (40 CFR ), individually or cumulatively, to the biological, physical, social, or economic components of the human environment. It does not pose a violation of Federal, State, or local law requirements imposed for the protection of the environment. The action that I have selected falls within a category established by the Forest Service that normally does not individually or cumulatively have a significant effect on the quality of the human environment and no extraordinary circumstances exist that would cause the proposed action to have any significant environmental effects. Therefore this action is excluded from documentation in an environmental impact statement or environmental assessment, so neither will be prepared. Findings Required by Other Laws and Regulations This decision is consistent with the amended Willamette National Forest Land and Resource Management Plan. The project was designed in conformance with the 1991 Willamette Forest Plan and the 1994 Northwest Forest Plan. I find that this project complies with all laws, regulations and policies regarding the construction and reconstruction of trails and trail bridges. The table below outlines the major laws, regulations and policies with respect to the construction and reconstruction of trails and trail bridges and displays how this project complies with those laws. Table 2: Compliance with Other Laws, Regulations, and Policies Year Enacted Title Summary How applied in this project 1897 Organic Act This Law is the foundation for multiple use and Forest Service management of National Forest System Lands 1969 National Environmental Policy Act (NEPA) 1973 Endangered Species Act (ESA) Creates the environmental impact statement (EIS) and environmental assessment (EA) as instruments of environmental policy. Requires public participation. Council on Environmental Quality regulations allow federal agencies to exclude certain categories of actions from documentation in EA or EIS. Provides broad protection for species of fish, wildlife and plants that are listed as threatened or endangered in the U.S. or elsewhere. Provisions are made for listing species, as well as for recovery plans and the designation of critical habitat for listed species. The Act outlines procedures for federal agencies to follow when taking actions that may jeopardize listed species, and contains exceptions and exemptions. Implementation of this project follows direction in this law for the Forest Service to manage National Forest System Lands. Scoping was conducted as required by NEPA. This project follows FSH Chapter 30 requirements for categorically excludable activities. The project is in compliance with the Endangered Species Act. This project was submitted for consultation with the U.S. Fish and Wildlife Service as part of the Willamette Planning Province FY16 Biological Assessment of NLAA Projects with the Potential to Modify the Habitat or Critical Habitat of Northern Spotted Owls (U.S. Forest Service and Bureau of Land Management 2015). 4

5 Table 2: Compliance with Other Laws, Regulations, and Policies Year Enacted Title Summary How applied in this project This project falls under the category of Individual Tree Removal. A letter of concurrence was received on July 23, 2015 (FWS reference: 01EOFW I-0251) National Forest Management Act (NFMA) Requires the Secretary of Agriculture to assess forest lands, develop a management program based on multipleuse, sustained-yield principles, and implement a resource management plan for each unit of the National Forest System. It is the primary statute governing the administration of national forests. This project was developed in full compliance with NFMA via compliance with the Willamette National Forest Land and Resource Management Plan 1990, as amended. The project follows appropriate standards and guidelines and management direction for the Management Allocations in the project area. Administrative Review (Appeal) Opportunities Effective March 5, 2014, the Forest Service will no longer offer notice, comment and appeal opportunities for categorically excluded projects pursuant to 36 CFR Part 215. On February 7, 2014, the President signed into law the Agricultural Act of 2014, Pub. L. No (i.e., Farm Bill). Section 8006(a) of the 2014 Farm Bill repealed the Appeals Reform Act, Pub. L. No , 106 Stat (1992). Section 8006(b) directs that the pre-decisional objection process established in Section 428 of division E of the Consolidated Appropriation Act of2012, Pub. L. No , shall not be applicable to categorically excluded projects or activities. The Forest Service will continue to offer public involvement opportunities for categorically excluded projects as provided for in the agency's NEPA Procedures, see 36 CFR (d) (SOPA) and 36 CFR 220.4(e) and 220.6(c) (scoping). Comments received on the proposed action will be reviewed and considered prior to making a final decision; however, the project is not subject to appeal. Implementation Date and Conditions Related to Implementation Plans are to implement this project in the spring or early summer of 2017 once approved bridge plans are received from USFS structural engineers. Contact Information For further information, please contact Kevin Rowell, (Trails Manager) at the Middle Fork Ranger District, Highway 58 Westfir, Oregon (541)

6 Approved by: /S/ Duane F. Bishop_ Duane F. Bishop Date District Ranger Middle Fork Ranger District Willamette National Forest 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. 6