UNITED STATES DEPARTMENT OF AGRICULTURE Forest Service Pacific-Southwest Region DECISION MEMO. Goose Reforestation and Habitat Recovery Project

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1 UNITED STATES DEPARTMENT OF AGRICULTURE Forest Service Pacific-Southwest Region DECISION MEMO Goose Reforestation and Habitat Recovery Project Hat Creek Ranger District Lassen National Forest Shasta County, California Background The Goose Fire started on August 1, It burned approximately 3,970 acres of National Forest System (NFS) and private lands including 2,459 acres of the Chalk Mountain Late Successional Reserve (LSR). The Chalk Mountain LSR is a 36,560-acre area located on the Shasta National Forest, and is jointly administered by the Shasta-Trinity and Lassen National Forests. The fire burned at varying intensities, from high severity (most of the vegetation was killed), to moderate severity (pockets or individual dead trees interspersed with live trees), to low severity (ground fire with only surface fuels being removed). Prior to the fire, the project area forest was comprised of Sierran mixed conifer habitat that was dominated by ponderosa/jeffrey pine, Douglas-fir, white fir, and to a lesser extent overstory species such as incense cedar, sugar pine, and California black oak. Decision I have decided to implement the Goose Reforestation and Habitat Recovery Project as described in the public scoping Purpose and Need and Proposed Action documentation, including an additional 26 acres of hazard tree removal along Pacific Gas and Electric s 230kV transmission line on the west boundary of the project area. The project treatment area includes 44 acres of 230 kv transmission line hazard tree removal, and 88 acres of reforestation totaling 132 acres of treatment. Fire-killed and fire-injured trees will be harvested in accordance with Marking Guidelines for Fire-Injured Trees in California, Forest Health Protection Report (Report #R , Smith and Cluck, April 2009) followed by site preparation and seedling planting on the 88 acres to be reforested. The project is located within the South Rim Habitat Improvement Project of the Britton Management Area, in Shasta County 8 miles northwest of the community of Burney (T36N, R2E, in Sections 9 and 10 of the Mount Diablo Meridian). The project is bordered on the north by the steep and rugged Pit River Canyon, on the east and south by the forest administrative boundary, and on the west by the 230kV transmission line right-of-way, which is included in the project area. Goose Reforestation and Habitat Recovery Project Decision Memo Page 1

2 The Goose Reforestation and Habitat Recovery Project will re-establish a functioning and productive forest ecosystem and expedite the return of suitable late successional habitat within the LSR through actions that restore natural forest cover on severely-burned areas. This will be accomplished by the following actions: Salvage Harvest Remove fire-killed and fire-injured trees except those that are beneficial as snags for wildlife habitat, soil stabilization, or other resource purposes. Salvage will include the harvest of fireinjured (dead or dying) conifers that meet the 80th percentile for probability of mortality on the 88 acre reforestation area. Trees will be evaluated based on fire-injured tree marking guidelines developed by Forest Health Protection (Report #R , Smith and Cluck, April 2009). Reforestation Site preparation for reforestation will include the removal of burned biomass and harvest slash. Ponderosa pine, Douglas-fir and other conifers will be planted on the 88 acre treatment area at a density of approximately 300 trees per acre. Hazard Tree Removal Dead or structurally damaged trees that create a potential hazard to the public and worker safety will be removed along Forest System (FS) roads 36N14 and the 36N14K. Hazard trees not located in treatment units, but could fall into the road prism will be removed. Following the scoping period, analysis was conducted on an additional 26 acres that includes hazard trees located along the west side of the 230 kv transmission line. Hazard trees and excess woody debris with a potential to strike the lines or contribute to excess fuel under the lines will be removed from 44 acres located within the Hazard Tree, Border, and Wire Zones as specified in the Pit 3 Operations and Maintenance Plan for the 230kV transmission line. Specific project design features are integrated into the actions to take advantage of opportunities to enhance and protect wildlife habitat, and to avoid any potential for unintended or adverse effects to natural, human, and cultural resources. Design features listed in the project Proposed Action / Purpose and Need public scoping document will be included in the approved actions under this decision. I reached this decision based on a review of the information contained in specialist reports evaluating the short-term and long-term effects of all actions that would take place within the project area. No additional issues, concerns, or opportunities were identified during scoping. All information considered demonstrates there are no extraordinary circumstances related to the proposed action under Title 36 of the Code of Federal Regulations (CFR) Section (b) and the Forest Service Handbook (FSH) , Chapter 30, Section 30.3, and the proposed action is compliant with all other applicable laws, regulations, Executive Orders and guidelines. I have also determined that the decision is consistent with the language and intent of categories of Goose Reforestation and Habitat Recovery Project Decision Memo Page 2

3 actions found at 36 CFR 220.6(e)(5)&(13) and Category 5 and Category 13 of FSH , Chapter 30, Section Rationale for Decision The purpose of the Goose Reforestation and Habitat Recovery Project is to restore the connectivity of suitable habitat for late-successional species, primarily northern spotted owl, in the Chalk Mountain Late Successional Reserve. The Chalk Mountain LSR was designated as part of the land allocations in the Northwest Forest Plan to: 1. provide sufficient quantity and quality of old growth forest habitat large enough to minimize conflicts between other resource activities, 2. maintain habitat for populations of species that are associated with latesuccessional forests, and 3. ensure that late-successional species diversity will be conserved. Following the Goose fire, field surveys, interdisciplinary field trips, records research and data analysis was conducted on a range of resources. Consultation was completed with the US Fish and Wildlife Service, and the Pit River Tribe. Subject matter specialists compiled reports including determinations of effects from the proposed action. After thorough review of the analysis results I decided that the proposed action supports the purpose of the Chalk Mountain LSR. My decision will expedite recovery of the forest structure and function within the Chalk Mountain LSR on the treatable burned areas of the 3,970 acre Goose Fire, and promote forest recovery in accordance with the Chalk Mountain Comprehensive Late Successional Reserve Assessment (CLSRA). The Goose Fire resulted in: 1. the loss of critical habitat for the northern spotted owl (66 acres in the project area, 469 acres in the 1,556-acre wildlife analysis area), 2. disruption of habitat connectivity, 3. increased dead fuel loading, and 4. the potential for invasive plant establishment. Post-fire conditions in the project area do not meet the purpose or contribute to the viability of a LSR. Without action, severely burned areas would predominantly convert to a brush dominated vegetative cover, slowing the re-establishment of late-seral conditions by decades or perhaps more than a century. This would greatly slow the return to the management prescription objectives described in the CLSRA. The Goose Reforestation and Habitat Recovery Project includes two CLSRA treatments. Salvage harvesting (treatment 10) calls for the removal of fire-killed and fire-injured trees for the purpose Goose Reforestation and Habitat Recovery Project Decision Memo Page 3

4 of fuels reduction while retaining those trees needed for future late-successional habitat conditions, soil stabilization, and other resource purposes. Reforestation (treatment 15) calls for site preparation and planting of a mixture of native conifer species. Both treatments will expedite the restoration of LSR structural and compositional features beneficial to northern spotted owl. Fire-killed and fire-injured trees will become unstable from rot, fall and become surface fuels. These heavy fuels, combined with newly established vegetation, would make a fire in the project area difficult to control and hazardous to fire-fighting personnel. Due to the long dry summers in the Mediterranean climate of the project area, the heavy fuels could remain on the ground for 50 years or longer before decomposition, or fire, removed them from the fuel load. Actions under this decision will remove fire-killed and fire-injured trees from 132 acres, thereby reducing the long-term accumulation of heavy fuels and the risk of another severe fire. After the Goose fire was controlled, hazard trees were felled as an emergency hazard treatment along the 230kV transmission line. The operations and maintenance plan for the line uses hazard tree, border and line zones as areas of clearance and vegetation management to ensure power flow will not be interrupted by falling trees or excessive heat from a fire. Although most of the hazard trees have been cut, they need to be removed to clear away the excessive fuel that would result in a high intensity fire with potential to damage the lines should another wildfire occur. This decision authorizes the removal of fire-killed and fire-injured as well as the planting of native conifer seedlings on approximately five percent of the National Forest System lands that burned during the Goose Fire. Field surveys demonstrate that no threatened, endangered or sensitive wildlife species are known to currently inhabit the project area. Category of Exclusion The Goose Reforestation and Habitat Recovery Project has been considered under actions which are categorically excluded from analysis and documentation in an environmental assessment or environmental impact statement, pursuant to Title 36 of the Code of Federal Regulations (CFR) (e)(5)&(13) and found in Forest Service Handbook , Chapter 30, Section Category 13 - Salvage of dead and/or dying trees not to exceed 250 acres, requiring no more than ½ mile of temporary road construction. Category 5 - Regeneration of an area to native tree species, including site preparation which does not involve the use of herbicides or result in vegetation type conversion. There are no extraordinary circumstances potentially having effects that warrant further analysis and documentation in an environmental assessment or an environmental impact statement. Resource conditions that should be considered in determining whether extraordinary circumstances related to the proposed action exist are defined in 36 CFR 220.6(b) and Forest Service Handbook , Chapter 30 include but are not limited to, the presence of the Goose Reforestation and Habitat Recovery Project Decision Memo Page 4

5 following: Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species; flood plains, wetlands, or municipal watersheds; Congressionally designated areas such as wilderness, wilderness study areas or National Recreation Areas; inventoried roadless areas, research natural areas; American Indian and Alaska Native religious or cultural sites; and archeological sites, or historic properties or areas. The mere presence of one or more of these resource conditions does not preclude the use of a categorical exclusion. Rather, it is the degree of the potential effect of a proposed action on these resource conditions that determines whether extraordinary circumstances exist. The necessary botanical and wildlife surveys have been completed. The following Goose Reforestation and Habitat Recovery Project reports are incorporated by reference and can be found in the Project Record at the Hat Creek Ranger District office: 1. Aquatics Report for Federally-Listed and Forest Service Sensitive Aquatic Species, 2. Terrestrial Wildlife Biological Evaluation and Assessment, 3. Biological Evaluation and Assessment for Forest Service Sensitive and Federally Listed Plant Species, 4. Hydrology Input Report, 5. The Soils Report, 6. Cultural Resource Specialist Report, 7. Fuels Report, 8. Silvicultural Input report, 9. Transportation Report. The following is a brief summary of the effects for each resource of concern. Aquatic Species The fisheries biologist has determined that there are no known occurrences of Federally Listed, Forest Service Sensitive, and Management Indicator aquatic Species or habitats within the project area because there is no aquatic habitat. Terrestrial Wildlife The wildlife biologist has determined that for terrestrial Threatened, Endangered, Proposed, and candidate species this project: 1. is not likely to adversely affect the northern spotted owl, nor is it likely to destroy or adversely modify its critical habitat 2. may affect individuals, but is not likely to result in a trend toward Federal listing or loss of viability for the Pacific fisher. Goose Reforestation and Habitat Recovery Project Decision Memo Page 5

6 The project will benefit both of these species. For Forest Service Sensitive species, it was determined that the project: 1. may affect individuals, but is not likely to result in a trend toward Federal listing or loss of viability for the pallid bat 2. to have beneficial effects on the bald eagle and goshawk 3. to have no effect on the Willow flycatcher, Greater sandhill crane, American marten, Pallid bat, Townsend s western big-eared bat, California wolverine, Sierra Nevada Red Fox, Western red bat, Golden eagle, Peregrine falcon, Swainson s hawk, Great gray owl, California Spotted Owl, Shasta Hesperian snail. Analysis of wildlife elements demonstrates that the project establishes, enhances, and protects wildlife habitat. Measures consist of leaving appropriate large woody debris, leave trees and green tree islands, and the retention of adequate current and future snags. Botanical species The botanist has determined that there are no known occurrences of Threatened, Endangered, or Sensitive plant species within the proposed project area. Water Quality and Soil Productivity Analysis of water quality and soil productivity, including a cumulative watershed effects analysis was performed by a Forest Service soil scientist. The treatment area is on relatively flat ground, so there is little potential for erosion. The project will meet Forest Plan, Regional Soil Quality Standards and BMP s for soil cover, erosion, soil fertility, porosity, soil organic matter content, surface organic matter levels, soil moisture regime, soil hydrologic function, and buffering capacity, and will maintain a well functioning soil biological system. The project will not significantly decrease short or long-term soil productivity or impair water condition or quality. There are no known flood plains, wetlands, or municipal watersheds within the project area. This action complies with the Clean Water Act, Porter Cologne Water Quality Control Act. Archaeological and Heritage Resources The project area was surveyed and a Heritage Reconnaissance Report (HRR #2010-LAS-007) has been completed. A single archaeological site has been identified within the project area, but there are no known Traditional Cultural Properties. The project is consistent with 36 CFR 800 and the Regional Programmatic Agreement between Region 5 of the Forest Service, the California State Historic Preservation Officer, and the Advisory Council on Historic Preservation regarding the process for compliance with Section 106 of the National Historic Preservation Act. Congressionally designated areas There are no wilderness areas, wilderness study areas or National Recreation Areas, inventoried roadless areas, or research natural areas within or near the project area. Goose Reforestation and Habitat Recovery Project Decision Memo Page 6

7 Fuels Reducing the long term accumulation of the dead fuel loading is essential to the establishment of a successful forested landscape with in the project area. Post treatment potential fire behavior will be greatly reduced. Silviculture The goal of restoring natural vegetative cover for wildlife habitat, establishing a plantation of native tree species, and re-establishing a functioning and productive forest ecosystem will be achieved. Scoping and Public Involvement The Goose Reforestation and Habitat Recovery Project first appeared in the Schedule of Proposed Actions (SOPA) in September A scoping letter outlining the Purpose & Need and Proposed Action was sent out on June 16, 2010 to interested parties. The scoping period ended on July 15, One written response was received. The response was in support of the project as proposed. All concerns were thoroughly considered and evaluated for extraordinary circumstances under Forest Service Handbook (FSH) , Chapter 30, Section No extraordinary circumstances were found to exist and all actions are compliant with all other applicable laws, regulations, Executive Orders and guidelines. Consultation Consultation with the Pit River Tribe was conducted at several meetings between the Tribal Council and the Forest Service. Project information, Purpose and Need, and maps were shared and discussed. A scoping letter outlining the Purpose & Need and Proposed Action was sent out on June 16, 2010 to representatives of the Pit River Tribal Council. No tribal concerns about the project were identified as of July 15, Informal consultation was conducted with the US Fish and Wildlife Service (USFWS). Forest Service and USFWS specialists conducted a field trip to the project area. Potential impacts to threatened, endangered, and candidate species was documented in a Biological Evaluation and Assessment. The determination that the project will have no effect on these species was concurred with by USFWS. Findings Required by Other Laws, Regulation, Executive order, or Directive My decision complies with all aspects of the National Forest Management Act of 1976 and all other applicable laws and regulations, including: The Lassen National Forest LRMP as amended This project will be managed under the 1992 Lassen National Forest Land and Resource Management Plant (LRMP), as amended by the Northwest Forest Plan FEIS and ROD (1994). The Northwest Forest Plan designated the Chalk Mountain Late Successional Reserve and is Goose Reforestation and Habitat Recovery Project Decision Memo Page 7

8 jointly managed by the Lassen National Forest and the Shasta-Trinity National Forest under the 1996 Chalk Mountain Comprehensive Late Successional Reserve Assessment (CLSRA) as approved by the federal interagency Regional Ecosystem Office (1996). Endangered Species Act (ESA) There are no extraordinary circumstances associated with this action. Analysis of potential impacts to Federally-listed Threatened, Endangered and Candidate species is documented in the Biological Evaluation & Assessment of Federally-Listed Species and Forest Service Sensitive Plant species, the Biological Assessment for Federally-Listed Wildlife Species, and the Fisheries Report. Determinations have been made, through informal consultation with the US Fish and Wildlife Service that the project will either benefit or have no effect on these species. Sensitive Management Indicator and Survey and Manage Species Survey and analysis of botanical, wildlife, and fisheries, is in compliance with the National Environmental Policy Act. Forest Service Directives, Analysis of potential impacts to Sensitive Management Indicator and Survey and Manage Species is documented in the Biological Evaluation & Assessment of Federally-Listed Species and Forest Service Sensitive Plant species; Wildlife Biological Evaluation (with a Migratory Landbird Conservation Assessment), Management Indicator Species Report (including the Black-backed woodpecker), and Fisheries Report (Forest Service Sensitive and Federally-Listed Species). Determinations have been made, that the project will have no effect, will beneficially effect, or have minimal effects on these species. Neotropical Migratory Birds Analysis of potential impacts to Neotropical Migratory Birds is documented in the Wildlife Biological Evaluation (with a Migratory Landbird Conservation Assessment) and Management Indicator Species Report (including the Black-backed woodpecker). The conclusion after analysis of habitat was made was that the project will have either a short-term effect, or no measurable effect on these species habitats. Noxious Weed Risk Assessment A Noxious Weed Risk Assessment (NWRA) has been completed and is hereby incorporated by reference. The Goose Reforestation and Habitat Recovery Project area is currently characterized by high risk of noxious weed invasion based on habitat vulnerability. There is a moderate potential of increased vectors, and low to moderate risk of noxious weed invasion based upon habitat alteration. Integrated Design Features (IDFs) reduce the risk of noxious weed establishment in the project area during implementation activities. With incorporation of IDFs as part of the action, there is a low to moderate potential for weed spread with the implementation of the project. Goose Reforestation and Habitat Recovery Project Decision Memo Page 8

9 Clean Water Act/Porter-Cologne Water Quality Act: This project is consistent with the Clean Water Act of 1948 (as amended in 1972 and 1987) and The Porter-Cologne Water-Quality Act, as amended in There will be no effects to wetlands and floodplains. Clean Air Act All actions will be conducted in accordance with the Clean Air Act and the Shasta County Air Resources Board. Administrative Review or Appeal Opportunities This decision is not subject to appeal and administrative review (36 CFR 215.4) because this project is categorically excluded from documentation in an EA or EIS pursuant to FSH , Chapter 30, Section 31. Note: On July 8, 2009, the United States District Court for the Eastern District of California lifted the injunction it had issued in Earth Island Institute v. Pengilly in response to the Supreme Court s March 3, 2009, ruling in Summers v. Earth Island Institute. With the lifting of that injunction, sections (f) and of the appeal regulations at 36 CFR 215 are again in effect and categorically excluded decisions are exempt from notice & comment and appeal requirements. Implementation The scope and duration of the project is limited. The total affected area will be no more than 132 acres. Implementation will start in the fall of Finding Based on the above surveys, the design features incorporated into the project, and the completed analysis, I find that implementation of the Goose Reforestation and Habitat Recovery Project is consistent with Categorical Exclusions found in Forest Service Handbook , Chapter 30, Section 31.2, and 36 CFR 220.6(e)(5) and (13), that no extraordinary circumstances exist, and that the actions will not result in any environmental effects requiring further analysis and documentation in an environmental assessment (EA) or an environmental impact statement (EIS). Therefore neither an EA, nor an EIS will be prepared. /s/ Jerry Bird September 7, 2010 JERRY BIRD Date Forest Supervisor Lassen National Forest Goose Reforestation and Habitat Recovery Project Decision Memo Page 9

10 Contacts More information on this decision, the Goose Reforestation and Habitat Recovery Project, can be obtained by contacting: Ben De Blois, Project Forester Hat Creek Ranger District Lassen National Forest East Highway 299 Fall River Mills, CA (530) 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 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. Goose Reforestation and Habitat Recovery Project Decision Memo Page 10