2012 Commercial Bough Sales. USDA Forest Service Sweet Home Ranger District Willamette National Forest Linn County, OR

Transcription

1 Draft Decision Memo 2012 Commercial Bough Sales USDA Forest Service Sweet Home Ranger District Willamette National Forest Linn County, OR T. 11 S., R. 5 E., Sec 15, 16, 17, 18, 20, 21 and 22

2 Table of Contents Purpose and Need... 1 Proposed Action... 1 Scoping and Public Involvement... 3 Categorical Exclusion Criteria... 3 Decision and Rationale for Decision... 5 Findings Required by Other Laws and Regulations... 6 Administrative Review and Implementation Date... 7 Contact Information... 8 Table of Tables Table 1: Consideration of Extraordinary Circumstances... 4 Table 2: Compliance with Other Laws... 6 i

3 Purpose and Need The purpose of this project is to allow the public to harvest Special Forest Products (SFP) that are marketable and resprout or regrow easily. The need for this project is generated by demand from the public for various forest products that have commercial value and use. Product uses from the proposed harvest species are floral, basketry and Christmas season greenery. Gathering and use of special forest products such as conifer boughs provide a variety of economic, social and cultural benefits to both individuals and communities. These products can support a variety of cottage industries in rural communities and help to diversify and strengthen rural economies. Where employment opportunities from traditional industries are declining, such as the logging industry in the current economic market, people who are looking for alternative income sources often turn to collection of these products from nearby forests for income opportunities. Offering sales of Special Forest Products will: a. Reduce uncontrolled illegal harvest of SFP on the landscape and protect those areas that are sensitive to disturbance. There will be an expected reduction in garbage, poaching and illegal campsites, associated with uncontolled harvest. b. Promote forest health by utilizing special forest product contracts to remove products in a manner that promotes ecosystem health of the project area. c. Provide valuable products to promote a healthy local economy. Proposed Action The proposed action is to implement the sale of conifer boughs in a commercial sale contractcontrolled manner to help manage the forest environment and meet the demand for these products by the public. Harvesting of these products will be from within young managed timber stands. These sales are not ground disturbing in nature. Harvest gathering is only allowed by use of hand tools, no chainsaws or other motorized devices will be allowed. The primary removal method of these gathered materials will be by hand carrying products to existing roads. The exception to this hand carrying method is with transporting of these materials by helicopter or skyline yarding systems with full suspension upon authorized approval of skyline corridors, flight paths and landings. Types of SFP to be harvested: Christmas season products consist of all species of conifer bough. The Sweet Home Ranger District plans to sell 1 commercial bough contract covering approximately 490 acres for approximately 120 Tons of harvestable boughs (see attached maps) The proposed action has harvest guidelines based on the silviculturist report to ensure that the tree damage is minimized and adequate tree crowns remain after harvesting for continued growth. 1

4 These guidelines include: No boughs will be removed from the top 50 percent of the live crown. No climbing or use of climbing spurs is allowed. Bough may only be cut with clippers or pruning saws. Axes and hatchets are not permitted. On all tree species, except western white pine, tipping will not exceed 50 percent of the total branch length, leaving the remainder of the limb to continue to grow. To ensure the protection of other resource values, the following requirements would apply: No bough harvest would be permitted within 25 feet (slope distance) of intermittent streams. No bough removal would be permitted within 60 feet (slope distance) of live streams or wet areas. Bough harvest would not be permitted within 60 feet of all established hiking trails or within 200 feet of highways, campgrounds, or other developed areas. If bough harvesters elect to camp while implementing this project, a camping permit that included provisions for garbage removal and sanitation would be required. Camping would be prohibited at trailheads. Cut boughs would be transported to existing roads by hand where the purchaser deems this feasible. Motorized vehicles must remain on existing Forest System roads adjacent to and within the designated bough sale sites in order to protect cultural resources from disturbance. Motorized vehicles, including ATV s, would not be allowed on trail systems for the removal or transportation of boughs or harvest personnel. Boughs in remote areas may be transported by helicopter or skyline yarding system with full suspension of the boughs above the ground, unless otherwise agreed to in writing. The Forest Service must approve skyline corridors, flight paths, landings and staging areas prior to starting helicopter or skyline operations. All harvest activities would not be permitted during the Friday before and opening weekends of General Cascade buck hunting and General Cascade bull elk hunting seasons. Helicopter bough removal would not be permitted during the Friday before and the entire week of Cascade Bull elk hunting season. No noise disturbing activity, such as chainsaw use, heavy equipment, helicopter Type II (Kmax or similar), pile driving or rock crushing, may be used within stands which lie ¼ miles of a known or predicted Northern spotted owl nest site and will be restricted from March 1st to July 15th. No noise disturbing activity, such as Type I helicopter (Chinook, Blackhawk or similar) may be used within stands which lie ¼ miles of a known or predicted Northern spotted owl nest site and will be restricted from March 1st to September 30th. No noise disturbing activity, such as chainsaw use, heavy equipment, helicopter Type I or II, pile driving or rock crushing, may be used within stands which within active peregrine falcon nesting areas from January 1st to July 31st. Gate access will not be permitted during the Cascades bull elk hunting season as well as the Friday before the season opening weekend. Closed gates are to remain closed at all times, even when operator is working in units protected by a gate device. Leaving any gate device open is prohibited by the operator or contractor. 2

5 Known or newly discovered sites of Bridgeoporus nobilissimus, a sensitive fungus, would be protected as per recommendations of the district botanist. Follow applicable fire restrictions during fire season. Scoping and Public Involvement This project was listed on the Willamette National Forest, Schedule of Proposed Actions (SOPA) website. A scoping notice seeking comments was mailed on February 10, 2012 to the Interested Parties on the Sweet Home Ranger District mailing list. All comments received were in support of this document. Under internal scoping, Sweet Home Ranger Districts specialists raised no issues and found no effects in relation to implementing these projects upon following guidelines and restrictions in the individual harvest areas. All specialist reports and documentations are located in the project file. Categorical Exclusion Criteria The proposed action can be categorically excluded from further analysis and documentation in an environmental impact statement (EIS) or environmental analysis (EA) because there are no extraordinary circumstances and it falls into the category described in Forest Service Handbook Chapter 30 section (2) and section 32.2(6). Based on past experience, the effects of implementing this action will be of limited context and intensity and will result in little or no environmental effects to either the physical or biological components of the environment. The action does not involve significant effects to any extraordinary circumstances (see Table 1). Therefore, this action can be categorically excluded from documentation in an EA or EIS. 3

6 Table 1: Consideration of Extraordinary Circumstances 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 or Not? Yes Cause-Effect Relationship between Proposed Action and Potential Effect on Resource Conditions? T and E species - Boughs removed by heavy equipment, chainsaws and helicopter produce noise above ambient levels and may cause disturbance to Northern spotted owls, especially during the critical breeding period, from March 1 to July 15th. No noise disturbing activity, such as chainsaw use, heavy equipment, helicopter Type II (Kmax or similar), pile driving or rock crushing, may be used within stands which lie ¼ miles of a known or predicted Northern spotted owl nest site and will be restricted from March 1st to July 15th. No noise disturbing activity, such as Type I helicopter (Chinook, Blackhawk or similar) may be used within stands which lie ¼ miles of a known or predicted Northern spotted owl nest site and will be restricted from March 1st to September 30th. Any proposed disturbance activities conducted October 1st to February 28th will have no effect to Northern spotted owls. Proposed activities will take place in Northern spotted owl unsuitable and dispersal habitat, but no effect is expected to occur. Proposed activities would have no effect on listed fish or plant species. Critical habitat - Proposed units are currently in unsuitable and dispersal Northern spotted owl habitat in CHU designation. Some proposed units are currently located in CHU, but no effect to CHU primary constituent elements is expected to occur. Sensitive species Known or newly discovered sites of Bridgeoporus nobilissimus, a sensitive fungus, would be protected from harvest by restrictions recommended by the district botanist. Floodplains, wetlands, or municipal watersheds No Peregrine falcons may be impacted through noise disturbance activities during the critical breeding season. Therefore the following restriction applies: No noise disturbing activity, such as chainsaw use, heavy equipment, helicopter Type I or II, pile driving or rock crushing, may be used within stands which within active peregrine falcon nesting areas from January 1st to July 31st. This decision includes activities within floodplains. Project work would be done by hand, without heavy equipment, and would not impair the function of the floodplain. Similar past projects in this area were determined to have no significant 4

7 Table 1: Consideration of Extraordinary Circumstances Extraordinary Circumstance to be Evaluated Present or Not? Cause-Effect Relationship between Proposed Action and Potential Effect on Resource Conditions? floodplain-related impacts. This decision should not result in significant floodplain-related impacts. Congressionally designated areas such as wilderness, wilderness study areas or national recreation areas Inventoried Roadless areas or potential wilderness areas No Yes The project is not located in, or near, wetlands or a municipal watershed. None None - This project does not involve any activities that could affect IRA characteristics. Research Natural Areas No None American Indians and Alaska Native religious or cultural sites No No project activities occur on American Indian or Alaska Native religious or cultural sites. Archaeological sites, or historic properties or areas No Decision and Rationale for Decision None - Bough harvest is not ground-disturbing in nature and known cultural sites will be avoided, so no heritage resources would be affected by this project. Discovery of unidentified cultural resource areas shall be promptly reported to the Forest Service. 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. The action addresses the purpose for the project and the need to provide special forest products to the public and to help manage the forest environment. A secondary need is for economic stimulus, providing these products to the public create jobs and economical growth for local communities. 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. 5

8 Findings Required by Other Laws and Regulations I find that this project complies with all laws, regulations and policies regarding special forest products. The table below outlines the major laws with respect for special forest products and displays how this project complies with those laws. Table 2: Compliance with Other Laws Year Enacted 1897 Organic Act Gives the Forest Service the authority to develop and administer rules governing forest occupancy, use, and related activities Multiple-Use Sustained Yield Act 1969 National Environmental Policy Act (NEPA) 1973 Endangered Species Act (ESA) 1976 National Forest Management Act (NFMA) Title Summary How applied in this project Directs the Forest Service to manage the national forests for multiple uses on a sustained yield basis. The uses explicitly stated in the law include timber, range, watershed protection, fish and wildlife, wilderness, and recreation. 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. Establishes a formal procedure for federal agencies to classify plant and animal species as threatened or endangered and provide for their protection. Directs the Forest Service to integrate renewable resource management into its planning processes. Requires national forests to develop forest-wide plans by using procedures designed to encourage public participation. For this project, activities such as buying and camping on national forest lands follow these regulations. This project provides protection for threatened and endangered species, and ensures long-term sustainable harvest of these renewable bough products. Scoping was conducted as required by NEPA. This project follows FSH Chapter 30 requirements for categorically excludable activities. ESA consultation was done according to requirements - see FY NLAA Biological Assessment for Disturbance and Letter of Concurrence from US Fish and Wildlife Service ref i-0127 This project was developed in full compliance with the 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 Memo from Chief (Robertson 1992) Established ecosystem management as the guiding policy for managing lands in the National Forest System. Calls for managing Proposed bough and bear grass harvest done in sustainable manner while also taking into account human needs to use 6

9 Table 2: Compliance with Other Laws Year Enacted 1993 Special Forest Products EA for Willamette National Forest 2000 Consolidated FY 2000 Appropriations Act, Sec. 339 of P.L National Strategy for Special Forest Products 2002 Forest Service Handbook Chapter 80 effective December 16, 2002 Title Summary How applied in this project for biological sustainability while simultaneously taking into account human needs and values. Amends Willamette National Forest Plan (1990) with Standards and Guidelines and monitoring strategy for Special Forest Products. Rider entitled Pilot Program of Charges and Fees for Harvest of Botanical Products requires the FS to charge fair market value fees for NTFPs and conduct analyses to ascertain whether NTFP harvesting levels are sustainable. This strategy constitutes the agency s overarching policy statement with respect to NTFP management Added new direction for NTFP management on national forests, including requirements that national forests manage NTFP sustainably, incorporate NTFPs into forest plans, and subject NTFP harvesting activities to NEPA analyses. The directive also encourages forests to conduct inventories to assess impacts of management actions on NTFPs and collaborate in local partnerships to manage NTFPs. these products. This project follows applicable standards and guidelines for special forest products outlined in this document. Bough and bear grass sales will be in compliance with the provisions of this requirement. Project is consistent with this strategy by offering SFP s within the limitations of ecosystem sustainability for people to pursue their economic, social, and cultural wellbeing. It follows standards and guidelines in the Forest Plan that are based on ecologically sound principles. Proposed harvest practices foster sustainability and a conservation ethic. Bough and bear grass harvest as proposed has requirements for sustainability. SFP incorporated into Forest Plans. Harvesting activities follow appropriate NEPA analysis (for CEs). Administrative Review and Implementation Date Implementation and administrative review opportunities will be determined upon completion of the legal comment period pursuant to 36 CFR

10 Contact Information contact: For additional information concerning this decision or the Forest Service appeal process, please Susan Crowder Special Forest Products Coordinator Detroit Ranger District HC 73 PO Box 320 Mill City, Or Responsible Official: CYNTHIA GLICK Date District Ranger Sweet Home Ranger District Willamette National Forest 8