DRAFT Decision Memo Upper Middle Fork John Day River Culvert Replacement Project

Transcription

1 DRAFT Decision Memo Upper Middle Fork John Day River Culvert Replacement Project USDA Forest Service Malheur National Forest Blue Mountain Ranger District Grant County, Oregon Township 10S, Range 33E, Section 26, 34, 35 Township 10S, Range 34E, Section 34, 35 Township 11S, Range 33E, Section 1 Township 11S, Range 34E, Section 18 Township 11S, Range 35E, Section 31 Township 11S, Range 35.5E, Section 24, 25 Township 12S, Range 34E, Section 12 Township 12S, Range 35E, Section 12 Information Contact: Mary Lou Welby Hydrologist Malheur National Forest (541) Responsible Official: Dave Halemeier District Ranger Blue Mountain Ranger District (541) The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, 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 (202) (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC or call (202) (voice and TDD). USDA is an equal opportunity provider and employer. DRAFT

2 The Upper Middle Fork John Day River Watershed is a priority focus area for aquatic restoration on the Malheur National Forest. The Upper Middle Fork John Day River Watershed Restoration Action Plan (WRAP) (in progress) and Malheur National Forest Forest-Wide Roads Analysis (2006) identify priority areas in the watersheds where stream restoration to improve fish habitat is needed. These documents evaluated travel needs and recommended that the roads associated with these crossings remain on the road system either as open or closed roads. This project complements fish passage improvements previously completed in other parts of the Camp Creek watershed and in the Bridge Creek subwatershed. The Upper Middle Fork John Day River WRAP is expected to describe conditions limiting fish habitat and identified opportunities for fish habitat restoration, including access to fish habitat currently blocked by culvert conditions at road crossings. The preliminary work for this WRAP identified opportunities for improving aquatic organism passage. The Bridge Creek Middle Fork John Day River Watershed is a priority focus area for aquatic restoration for the Malheur National Forest. In addition culvert surveys completed in the early 2000s in Camp Creek- Middle Fork John Day River Watershed identified several locations where existing culverts are impeding fish and other aquatic organism passage to habitat identified previously in the original Galena Watershed Analysis and in later updates. The purpose of this project is to provide stream passage through culverts for all life stages of aquatic organisms, including mid-columbia Steelhead trout, which are listed as Threatened under the Endangered Species Act, and juvenile Chinook salmon, addressed in the Magnuson-Stevens Fishery Conservation and Management Act. There is a need to remove culverts which are full or partial barriers to passage and replace them with new culverts allowing passage. The culverts are located on twelve tributaries to the Middle Fork John Day River, one of the largest tributaries of the John Day River which drains into the Columbia River (Map 1). These tributaries are located in Coyote-Balance Creek, Granite Boulder Creek and Vinegar Creek subwatershed in the Camp Creek Watershed as well as the Bridge Creek and Idaho-Summit Creek subwathershed in the Upper Middle Fork John Day River Watershed of the Middle Fork of the John Day Sub-basin (Map 2). The purpose of this project is to provide stream passage through culverts at road crossings for all life stages of aquatic organisms, including mid-columbia Steelhead trout, which are listed as Threatened under the Endangered Species Act, and juvenile Chinook salmon. There is a need to remove culverts which are full or partial barriers to passage and replace those located on system roads with new culverts allowing passage. The culverts are located on twelve tributaries to the Middle Fork John Day River, one of the largest tributaries of the John Day River which drains into the Columbia River (Map 1). These tributaries are located in Coyote-Balance Creek, Granite Boulder Creek and Vinegar Creek subwatersheds in the Camp Creek Middle Fork John Day River Watershed (Camp Creek Watershed) and in the Bridge Creek and Idaho-Summit Creek subwatersheds in the Bridge Creek -Middle Fork John Day River Watershed of the Middle Fork (Bridge Creek Watershed) of the John Day Sub-basin (Map 2). The Bridge Creek and the Camp Creek watersheds are priority focus areas for aquatic restoration on the Malheur National Forest. The Upper Middle Fork John Day River Watershed Restoration Action Plan (WRAP) (in progress) identifies priority areas in the watersheds where stream restoration is needed to improve fish habitat. The Upper Middle Fork John Day River WRAP is Page 2

3 expected to describe conditions limiting fish habitat and identify opportunities for fish habitat restoration, including access to fish habitat currently blocked by culvert conditions at road crossings. The preliminary work for this WRAP identified opportunities for improving aquatic organism passage. In addition the original 1999 Galena Watershed Analysis and later updates, which included most of the area in the renamed Camp Creek Middle Fork John Day River Watershed, identified locations where existing culverts are impeding fish and other aquatic organism passage to habitat. The Malheur National Forest Forest-Wide Roads Analysis (2006) and other, project-specific access and travel management analyses evaluated travel needs and recommended that the roads associated with these crossings remain on the road system either as open or closed roads. This project complements fish passage improvements previously completed in other parts of the Camp Creek (along Camp, Vinegar, Vincent, and Granite Boulder streams) and Bridge Creek (Bridge Creek and southern tributaries) watersheds by the Forest Service, Oregon Department of Transportation, and the Confederated Tribes of the Umatilla Reservation. The recommendations for culvert replacements were developed on the based on the need for passage first identified in culvert surveys completed in the early 2000s and verified in the field in 2012 by the project interdisciplinary team. Culvert Survey ID I have decided to authorize the replacement of 15 culverts, listed in Table 1, located on twelve tributaries in two watersheds of the Middle Fork of the John Day River. These streams provide both rearing and spawning habitat for mid-columbia steelhead, spring Chinook salmon, and other species of resident fish. This authorization includes replacing existing structures with single-span structures that will allow passage for all life stages of aquatic organisms; the associated de-watering, excavation, fill removal and replacement, grade control, and revegetation; and removal of two culverts at two of the aforementioned sites that were abandoned following past road reconstruction. Table 1. List of Culverts to be replaced Road Number Mile Post Stream Name Potential Habitat Available to Next Barrier (miles) T (S) R (E) S 1/ Summit SW Summit NE NF Summit SE Dry Creek SE Ragged NW 198* EF Sunshine 0.6(est) SW MF Sunshine 0.6(est) SE 200* Sunshine Creek SW Sulphur Creek 100 yards NE 203 A Sulphur Creek NE Little Boulder Creek SE NF Bridge SW Page 3

4 NF Bridge NW Placer Gulch NE Windlass Creek East Fork NW * Consists of 2 culverts, one of which is located in an abandoned road segment approximately 50 ft. upstream of the existing road. Culverts will be pulled and the crossing will be re-shaped at the abandoned segments. Each culvert will be replaced with a single span structure such as an embedded pipe or a bottomless pipe arch, depending on the site-specific engineering design. Removing and replacing the existing structures may include the following activities: Dewatering (temporary diversion of stream flow around construction site), possibly by trenching and use of a temporary, flexible culvert Excavation and stockpiling of existing fill and removal of existing culverts Placement of new structures, including excavation and placement of footings, if needed Placement of stream simulation material (rocks and finer material) inside new culvert Backfilling and road surfacing, where required, over the new structure, Seeding or planting of disturbed ground, if needed, and Installation of grade control structures, depending on the site-specific engineering design Any trees removed from the existing fill and retained on-site for other restoration needs Implementation may require short-term road closures; alternative access routes would be identified and provided in advance to local media and posted on maps locally. Signs to direct traffic and provide for public safety would be posted in accordance with the Manual of Uniform Traffic Control Devices. The Proposed Action also includes removing two culverts from abandoned segments of road just upstream of two of the culverts proposed for replacement. These segments were replaced with crossings with wider radiuses of curvature and the old culverts left in place. Fill would be removed from around the two abandoned culverts, the culverts would be pulled, excess fill and the culverts would be disposed of according to Forest Service direction, and the stream crossings would be re-shaped to facilitate local stream channel recovery and re-vegetated as needed. The following design elements will be implemented as part of the proposed action in addition to the terms and conditions and Project Design Criteria in the programmatic Aquatic Restoration Biological Opinion (ARBO) from the National Marine Fisheries Service (NMFS). Common to Multiple Resources: The Culvert Replacement Project Implementation Lead shall notify the District NEPA Team Leader (Mary Lou Welby or successor) when field (engineering) survey and design are initiated for each culvert or by January 15 preceding expected field season of implementation, whichever is earlier, and provide timely updates as the implementation schedule develops and changes. NEPA Team Leader shall notify District Leadership Team members; zoned staff; Forest-wide zoned staff such as but not limited to botany; minerals, lands and special uses; timber, including sale administration; and Area Programs such as but not limited to Ecology, Pathology and Entomology, and stream surveys. The Culvert Replacement Project Implementation Lead shall notify the District NEPA Team Leader (Mary Lou Welby or successor) about the inclusion of detours, temporary road closures, and by passes in site-specific designs at the time site designs are initiated Page 4

5 or January 15 preceding the expected field season of implementation, whichever is earlier, or as soon as determined when changes in site design occur. Aquatic Habitat: All quality pools (pools greater than 2 ft in depth or pools greater than 1.5 ft in depth with cover) will be noted and designed for retention within the project area. There should be no measureable loss in stream side shade within the project area. If a measurable reduction in shade cannot be avoided, the project will be designed to obtain recovery of stream side shade within an approximate five year period. Where slopes adjacent to the stream are greater than six percent, temporary erosion matting such as jute, straw, hydromulch, etc. will be placed to provide a minimum buffer distance of 10 feet from the stream upon completion of mechanical construction. The matting should complement fall seeding. Wildlife Habitat: Hydrology: Goshawk surveys are recommended prior to project initiation at culverts 203 and 203a because of the proximity of a known nest territory (within < ½ mile, but > ¼ mile of culvert sites). Last known occupancy of the territory was in 1997, however, monitoring has occurred only irregularly since that time and the status of the territory is unknown. If the nesting site is occupied and a Wildlife Biologist determines that adverse effects are likely, implementation of culvert replacement at sites 203 and 203a will occur at the latest possible time within the July 15-August 15 in stream work period to mitigate adverse effects to the northern goshawk. To conserve nesting habitat of other raptors (species other than goshawks), a BMRD Wildlife Biologist would be consulted to establish a nest zone buffer around any raptor nest discovered prior to or during project implementation and, if appropriate, would restrict activities within the nest site area during occupancy. These restrictions will be species-specific and determined on a case-by-case basis. To mitigate impacts to landbirds, surveys will be performed by a BMRD Wildlife Biologist prior to implementation to ensure sites are not being used for nesting. If a waiver is requested to operate within the timelines set aside in the above measures, the District Ranger will consult with the Wildlife Biologist prior to approval. Applicable Watershed Best Management Practices (BMPs) include W-1. Watershed Restoration. Objective: To repair degraded watershed conditions and improve water quality and soil stability by improving ground cover, improving infiltration, and slowing overland flow and conserving the soil resource. The following Watershed Best Management Practices (USDA - Forest Service, 2012) apply to the Proposed Action. o AqEco-1. Aquatic Ecosystem Improvement and Restoration Planning with the Design Elements listed above and in the original Watershed Report constituting site-specific BMP prescription. o AqEco-2. Operations in Aquatic Ecosystems with the Design Elements listed above and in the original Watershed Report constituting site-specific BMP prescription. o Road-4. Road Operations and Maintenance with the Proposed Action and Design Elements listed above and in the original Watershed Report constituting sitespecific BMP prescription. Page 5

6 o Road-6. Road Storage and Decommissioning with the Design Elements listed above and in the original Watershed Report constituting site-specific BMP prescription. This BMP applies only to the removal of the two culverts located in abandoned segments of Road 2045 just upstream of the culverts on Sunshine Creek and East Fork of Sunshine Creek proposed for replacement. o Road-7. Stream Crossings with the Proposed Action and Design Elements listed above and in the original Watershed Report constituting site-specific BMP prescription. o Road-9. Parking and Staging Areas with the Design Elements listed above and in the original Watershed Report constituting site-specific BMP prescription. o Road-10. Equipment Refueling and Servicing with the Design Elements listed above and in the original Watershed Report constituting site-specific BMP prescription. Apply Terms and conditions, Design Criteria, Design Constraints included in the ARBO from NMFS for Fish Habitat Restoration Activities in Oregon and Washington. Apply other restoration practices included in the ARBO, such as placement of large wood, boulders, or gravel (Restoration Practice #1) or riparian planting (Restoration Practice #16) as needed to complement the removal of structures (Restoration Practice #1) associated with culverts to accelerate riparian and stream bank recovery after consultation with the project hydrologist or fish biologist or their designates. Other design elements include: o Conduct post-project reviews after spring high flows and other high flow events and report monitoring as a letter to the file or in a similar document. o Design crossings to pass 100-year flood events. o Trees and brush providing shade to the stream will not be removed without prior approval of project hydrologist or fish biologist or designate. o By-pass roads, when needed, will be suitably located to minimize removal of riparian vegetation and will be obliterated and stabilized after use. o Sediment filters such as silt fences or straw bales will be placed as needed in the construction area to prevent sediment from entering streams. o Disturbed soils resulting from construction shall be seeded and planted (as needed), and mulched prior to the fall rainy season. o Construction shall occur during the in-stream work window of July 15-August 15 unless waivers from ODFW are obtained. o A spill kit, including booms, will be available on-site during construction activities. Noxious Weeds: All equipment associated with treatment will be cleaned prior to arriving on National Forest lands. Heavy equipment is required to stay in the designated project area to reduce soil disturbance. All known noxious weed sites in the project area will be treated before any project activities begin. Seed, straw, and other materials used for erosion control and re-vegetation at culvert sites will be certified to be free of noxious weed seed or otherwise reviewed by District weed specialists prior to use. Use of off-site gravel, fill, sand, and rock, if needed, will be determined to be weed-free by District weed specialists prior to transport other work-site unless other coordination is Page 6

7 Range: Fire: Visuals: arranged in advance. Native plant materials are generally required for re-vegetation; use of other plant materials shall be reviewed by a District weed specialist prior to use. Re-vegetation timing, rate, and techniques will be reviewed in advance by a District weed specialists and coordinated with provisions of the erosion control plan. Replace fences disturbed during project work. Re-take any photo points associated with project area before project initiation and after project completion. Notify District Range Specialist of schedule for implementation so permittees can be notified two weeks prior to implementation. During the design phase, coordinate project scheduling and use of alternative routes or bypasses with fire to provide for access for wild fire suppression. If feasible, include slight depression or pool in lower end of stream simulation materials or other location (for instance, in locations similar to those where monitoring of previous culvert replacements has shown a pool tends to develop) for use in drafting water for wild fire suppression. Cut culvert ends to parallel cut-and-fill slopes when possible. The district hydrologist or designate will conduct post-project reviews after spring high flows and other high flow events. The proposed action was listed in the Malheur National Forest Schedule of Proposed Actions since the October 2012 publication. Interested individuals were contacted by mail and telephone between January and February 2013 and provided project information. A Legal Notice for 30 day comment was published in the Blue Mountain Eagle, John Day, OR on May 15, A notice of this proposal is being provided by mail to the tribes, public, groups, and agencies for comment during a 30 day comment period from the date of publication of the legal notice in the Blue Mountain Eagle. It is my determination that this action may be categorically excluded from documentation in an environmental assessment or environmental impact statement as it fits within Category 7 listed in 36 CFR (e) Modification or maintenance of stream or lake aquatic habitat improvement structures using native materials or normal practices as well as there are no extraordinary circumstance related to the decision that may result in a significant individual or cumulative environmental effect(s). The following resource conditions were considered in determining whether extraordinary circumstances related to the decision warranted further analysis and documentation in an environmental assessment or environmental impact statement (36 CFR 220.6(b)(i-vii)): Page 7

8 i. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species ii. The Endangered Species Act (ESA, 16 U.S.C ) requires Federal activities not to jeopardize the continued existence of any species federally listed or proposed as threatened or endangered, or result in adverse modification to such species designated critical habitat. As required by ESA, biological evaluations were prepared to evaluate the effects of this decision on listed species. Fisheries: One threatened fish species, the Mid-Columbia River Steelhead, has documented presence in the project area and where culverts are proposed for replacement. Critical habitat is also present in downstream of the project area. There are short-term effects that may effect, likely to adversely affect (LAA) this species and the critical habitat. However, due to seasonal restrictions and conservation measures and design criteria imposed by the Aquatic Restoration Biological Opinion (ARBO), effects from the project are minimized. Long-term beneficial effects include restoration of natural stream channel processes through removal of channel constricting structures. This will restore spatial and temporal connectivity of streams within and between watersheds where fish movement is currently obstructed and, in turn, will permit this access to areas critical for fulfilling their life history requirements. There are 2 Forest Service sensitive species with suitable habitat within or in the vicinity of the project area. This decision will not move any Forest Service sensitive species toward Federal listing under the Endangered Species Act. Wildlife: A biological evaluation was prepared to evaluate the effects of this decision on TES wildlife species and Management Indicator Species identified in the Forest Plan. There is no designated or proposed critical habitat for TES wildlife species in the project area. There are 8 Forest Service sensitive species with suitable habitat within or in the vicinity of the project area. This decision will not move any Forest Service sensitive species toward Federal listing under the Endangered Species Act. Botany: A biological evaluation was prepared to evaluate the effects of this decision on TES wildlife species. There are no known occurrences of TES plant species within the project area. Implementation of this decision will have no direct or indirect impacts on any R6 listed sensitive plant species. This decision will not move any Forest Service sensitive species toward Federal listing under the Endangered Species Act. Floodplains, wetlands, or municipal watersheds Floodplains and wetlands are present. This project is designed and constructed with design standards under ESA Section 7 Consultation through the ARBO. Following design standards will minimize the short term effects caused by the construction. Replacement culverts would provide for better floodplain and wetland function by allowing passage of high flows and debris associated with them. iii. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas No congressionally designated areas are located within the project area. iv. Inventoried roadless area or potential wilderness area No inventoried roadless areas or potential wilderness areas are located within the project area. Page 8

9 v. Research natural areas No research natural areas are located within the project areas. vi. vi-vii. American Indians and Alaska Native religious, or cultural sites and archaeological sites, or historic properties or areas Site visits in summer and fall 2012 verified that no sites are near the culvert replacement locations. The Zone Archaeologists evaluated the records of all known historic properties, including American Indian cultural properties, within the project areas. The Forest Archaeologist has certified that this project complies with Section 106 and 110 of the National Historic Preservation Act of 1996, under the terms of the amended 2004 Programmatic Agreement for the State of Oregon. In addition to the above, I have incorporated consideration of other elements in my determination that there would be no effects to extraordinary circumstances, as defined by the National Environmental Policy Act (NEPA), nor other adverse effects associated with this project. I have examined past, present, ongoing, and reasonably foreseeable future actions and considered the potential for cumulative effects. The cumulative effects analysis is consistent with Forest Service NEPA Regulations (36 CFR (f), July 24, 2008) in accordance with the Council on Environmental Quality Memorandum, Guidance on the Consideration of Past Actions in Cumulative Effects Analysis. I have concluded that without notable individual effects from the Proposed Action, there would be no significant cumulative effects. My conclusion is based on: 1) findings related to extraordinary circumstances; 2) the small scale of activity constituting the Proposed Action; and 3) on-the-ground review and discussions with district resource specialists. This decision is consistent with the Malheur National Forest Land and Resource Management Plan, as amended by the Implementation of Interim Strategies for Managing Anadromous Fish- Producing Watersheds in Eastern Oregon and Washington, Idaho, and Portions of California (PACFISH) and required by the National Forest Management Act. The project was designed in compliance with Forest Plan standards. The culvert replacement locations are located within Management Area 3B (anadromous riparian) primarily, and may extend onto or overlap with small amounts of other management areas including MA1 (general forest), MA 2 (rangeland), MA 4A (big game winter range), and MA 14 (visual corridor). The project sites are also located within Riparian Habitat Conservation Areas (RHCAs) of standard PACFISH width associated with fish-bearing streams. Implementation of this decision will not violate any Federal, State, local laws or requirements imposed for the protection of the environment including: Clean Air Act Since project activities will meet the requirements of the State and Federal air quality requirements, thus there will be no effect to air quality standards as defined in the Act, and Forest-wide objectives for air quality will be met. Clean Water Act The proposed activities comply with the Clean Water Act and state water quality laws because this decision incorporates watershed Best Management Practices and the Terms and Conditions of ARBO to control sediment detachment and transport, removal of shade, and adverse alteration of habitat conditions for macro-invertebrates and to ensure protection of soil and water resources consistent with the existing TMDLs for delisted 303(d) water quality impaired streams and do not adversely affect newly 303(d)-listed (December 2012) stream segments for these same reasons. Page 9

10 Endangered Species Act of 1973 The project will meet ESA requirements for listed fish and wildlife species. ESA consultation has been completed under the National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service Aquatic Restoration Programmatic Biological Opinion. American Antiquities Act of 1906, American Indian Religious Freedom Act, and Native American Graves Protection and Repatriation Act - The proposed action would comply with these Acts through the scoping process with the Confederated Tribes of Warm Springs Reservation of Oregon, the Confederated Tribes of the Umatilla, and the Burns Paiute Tribe. Natural Historic Preservation Act of 1966 The Forest Archeologist has certified that this project complies with Section 106 and 110 of the national Historic Preservation Act of 1996, under the terms and conditions of the amended 2004 Programmatic Agreement for the State of Oregon. Executive Order of 1994, Environmental Justice The proposed action was assessed to determine whether it would disproportionately impact minority or low income populations, in accordance with the Executive Order. No impacts to minority or low income populations were identified during scoping or the effects assessment. Executive Order of 2001, Migratory Bird Treaty Act - I find that there are no known substantial losses of migratory bird habitat expected from the implementation of this proposal. Specific timing restrictions to protect nesting migratory birds within the project area will be implemented. It is my determination that the proposed action will not cause a trend toward federal listing of any migratory bird species, or loss of habitat viability within the general location of the proposed activity. Executive Order of 1977, Floodplain Management This decision incorporates Best Management Practices, and I find that there will be no short or long-term impacts associated with the occupancy of the floodplain, and that the action will help restore and preserve the natural and beneficial values served by flood plains in carrying out its responsibilities. Executive Order of 1977, Protection of Wetlands The proposed action and implementation of Best Management Practices was assessed to determine whether it would meet the objectives of this Executive Order. The action will not affect wetlands and will preserve and enhance the natural and beneficial values of wetlands. This notice and comment period is being provided pursuant to the March 19, 2012, judicial ruling in Sequoia ForestKeeper v. Tidwell., order issued by the U. S. District Court for the Eastern District of California in Case Civ. No. CV F LJO DLB. The opportunity to comment ends 30 days following the date of publication of the legal notice in the Blue Mountain Eagle. This decision is subject to appeal pursuant to Forest Service regulations at 36 CFR 215. Appeals must meet the content requirements of 36 CFR Only individuals or organizations who submitted comments or expressed an interest in the project during the comment period may appeal. Comments submitted anonymously will be accepted and considered; however, those who only submit anonymous comments will not have standing to appeal the subsequent decision under 36 CFR 215. Comments received through the U.S. Postal Service must be postmarked no later than the end of the 30-day comment period. All other comments, including , fax, and hand delivered comments must be received by 4:30 pm at the Blue Mountain Ranger District office, 431 Patterson Bridge Road, John Day, OR by the end of the 30-day comment period. It is the responsibility of all individuals and organizations to ensure their comments are received in a Page 10

11 timely manner. For electronically mailed comments, the sender should normally receive an automated electronic acknowledgement from the agency as confirmation of receipt. If the sender does not receive an automated acknowledgement of the receipt of the comment, it is the sender s responsibility to ensure timely receipt by other means. Written comments should be sent to Jeffrey S. Shinn, Acting District Ranger, Blue Mountain Ranger District, P.O. Box 909, John Day, OR 97845; or by fax at or by at comments-pacificnorthwest-malheurbluemountain@fs.fed.us. Written comments shall include your name, address, and (if possible) telephone number; title of the document on which you are commenting; and specific facts or comments along with supporting reasons that you believe the Responsible Official should consider in reaching a decision. Additionally, pursuant to 7 CFR 1.27(d), any person may request the agency to withhold a submission from the public record by showing how the Freedom of Information Act (FOIA) permits such confidentiality. Persons requesting such confidentiality should be aware that, under the FOIA, confidentiality may be granted in only very limited circumstances, such as to protect trade secrets. The Forest Service will inform the requester of the agency's decision regarding the request for confidentiality, and where the request is denied, the agency will return the submission and notify the requester that the comments may be resubmitted with or without names and addresses. The Draft Decision Memo containing the Proposed Action can be access on the web at When no appeal is filed within the 45-day time period, implementation of the decision may begin on, but not before, the 5 th business day following the close of the appeal-filing period (CFR ). Except for emergency situations (36 CFR (c)), when an appeal is filed, implementation may occur on, but not before, the 15 th business day following the date of the appeal disposition (36 CFR 215.2). For additional information concerning this project, contact Mary Lou Welby, Hydrologist, Blue Mountain Ranger District, Malheur National Forest, 431 Patterson Bridge Road, John Day, OR 97845, and DAVE HALEMEIER District Ranger DATE Page 11