Mt. Elizabeth Drive Fuel Reduction Project (30422) Decision Memo

Transcription

1 Mt. Elizabeth Drive Fuel Reduction Project (30422) Decision Memo Stanislaus National Forest Mi-Wok Ranger District Tuolumne County, California This decision memo provides documentation, pursuant to the National Environmental Policy Act (NEPA), related to the Mount Elizabeth Drive Fuel Reduction project. This project is proposed along Forest Road 2N26, also known as Mt. Elizabeth Drive, between Mt. Elizabeth Road and the Cedar Ridge sub-division. The purpose of the project is to provide access and egress for emergency equipment and the public during a wildfire event and to limit potential fire behavior to the surface within the treated area. Residents of the Cedar Ridge sub-division have recognized that the single access road into Cedar Ridge, Kewin Mill Drive, is located in a drainage having the potential to increase and channel fire behavior if there is an ignition at the bottom of the drainage. Local residents have been working closely with CalFire, the Highway 108 Fire Safe Council, private land owners, and the US Forest Service to develop safe alternate escape routes for the community. Currently there are two emergency evacuation routes under development. The first is Forest Road 2N01 from the west side of Cedar Ridge to the west through Sierra Outdoor School to Big Hill Road. The second is Forest Road 2N26 from the east side of Cedar Ridge to the east to Mt. Elizabeth Road. The project area is classified in the Stanislaus National Forest Land and Resource Management Plan as Wildland Urban Interface Defense Zone. Project Location The project is located on the Mi-Wok Ranger District, Stanislaus National Forest, Tuolumne County, California in Section 5, T2N, R16E, MDBM. The entire project is within a 160 acre parcel of Forest located within State of California Direct Protection Area. Proposed Action The proposal is to break up continuous vegetation under 12 feet tall into naturally appearing clumps or islands of varied size and shape. Separation between clumps and islands will provide a break in the horizontal fuel continuity across the project to disrupt the potential for fuel to act as a fire ladder into the overstory. All slash, snags, or other debris will be disposed of by piling, burning, chipping or removal. The project will be 300 feet wide (150 feet each side of road) where possible; it will not cross the irrigation ditch to the south. A combination of mechanical mastication and hand cut will be used to complete the project. Decision My decision is to mechanically shred brush and conifer trees up to 12 feet tall followed with a hand treatment where terrain and mitigation requirements make mechanical treatment unpractical. Based on public suggestions, all oak snags having high wildlife value and low wildfire risk will be retained. This action falls within a category of actions that are excluded from documentation in an Environmental Assessment (EA) or Environmental Impact Statement (EIS) and no extraordinary circumstances 1 would preclude use of the category Timber stand and/or wildlife habitat improvement activities that do not 1 The mere presence of one or more of these resource conditions does not preclude use of a categorical exclusion. It is (1) the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions and (2) 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

2 include the use of herbicides or do not require more than 1 mile of low standard road construction [36 CFR 220.6(e). Resource specialists provided input covering Heritage Resources, Recreation, Biology, Botany, Hydrology and Fuels, which is included in the project file. I have considered their recommendations in making this decision. Specific findings and mitigations included in this decision are described below. Heritage resources The proposed project has been reviewed by the Forest Archaeologist, who has determined that there are existing heritage resources of interest located in the project area. Based on her review, the following mitigation has been implemented: 1. Sites have been designated on the ground for avoidance or treatment approved by the Forest Archaeologist. A compliance letter is included in the project file that concluded that the proposed project resulted in a NO EFFECT RECOMMENDATION in accordance with the provisions set forth in the Programmatic Agreement among the U.S.D.A. Forest Service, Pacific Southwest Region, California State Historic Preservation Officer and Advisory Council on Historic Preservation Regarding Identification, Evaluation and Treatment of Historic Properties Managed by the National Forests of the Sierra Nevada, California (October 1996). Recreation Specific mitigations have been requested by the Mi-Wok Ranger District Recreation Officer to ensure that existing efforts to minimize illegal OHV use and dumping are not removed, which include: 1. Within the project area retain and protect existing route closures (rock barriers) completed under OHV restoration project. 2. Protect signing, educational and enforcement. 3. Spread chips and debris in barren areas where feasible. Wildlife Biology A Biological Evaluation (BE) for wildlife dated January 13, 2010 was prepared for this project and is on file in the project planning record. Following is a summary of the findings of that report: Federally Listed or Candidate Species The Mt. Elizabeth Drive Fuel Reduction project will not affect the Valley Elderberry Longhorn Beetle, Central Valley steelhead, mountain yellow-legged frog or delta smelt because the project is outside the geographic and elevation range of the species; therefore, the project will not affect these species. It was determined through field visits and District records that the action does not have any known occurrences or potential habitat for the California red-legged frog; therefore, the project will not affect this species. Although the Pacific fisher, a candidate species under the Endangered Species Act, is on the Quad list obtained from the U.S. Fish and Wildlife Service, it was determined that the fisher does not currently occupy habitat in or near the project area; therefore the proposed project will not affect the Pacific fisher. Forest Service Sensitive Species The Mt. Elizabeth Drive Fuel Reduction project is outside the geographic and elevation range for the wolverine, Sierra Nevada Red Fox, Hell Hollow Salamander, Limestone Salamander, Mountain Yellow- Legged Frog, and Yosemite Toad. The proposed project will not affect the aforementioned species or their habitat. It was determined through field visits and District records that the action area does not have any known occurrences or potential habitat for the bald eagle, northern goshawk, great gray owl, willow flycatcher, 2

3 Swainson s Hawk, American Marten, western red bat, western pond turtle or Foothill yellow-legged frog; therefore, the project will not affect these species or their habitat. It was determined that there may be potential direct effect of temporary noise disturbance from shredding and hand cutting operations to California spotted owl and/or Pallid Bat and/or Townsend s Big-Eared Bat. These effects are considered negligible, and no indirect effects are expected. Cumulative effects from this project with other projects were determined to be negligible. The District Wildlife Biologist determined that this project may affect individual California spotted owls and/or Pallid Bats and/or Townsend s Big- Eared Bats during project implementation; however, effects are not expected to lead to a trend toward listing for any of these species. Management Indicator Species A Management Indicator Species (MIS) Report covering both aquatic and terrestrial species was completed for the proposed project on January 11, This MIS report evaluated and disclosed the impacts of the proposed project on the habitat of the 13 MIS identified in the Stanislaus National Forest Land and Resource Management Plan as amended by the Sierra Nevada Forests Management Indicator Species Amendment Record of Decision. The following species do not have MIS designated habitat in or adjacent to the project area and will not be affected by the project: aquatic macro-invertebrates, fox sparrow, yellow warbler, Pacific tree frog, mountain quail, sooty grouse, and black backed wood pecker. The following species have MIS designated habitat adjacent to the project area, but will not be affected by this project: Mule deer, California spotted owl, American marten, northern flying squirrel, and the hairy woodpecker (Picoides villosus). Sensitive Plants/Weed Risk Assessment A Sensitive Plant Biological Evaluation and Biological Assessment (BE/BA), dated February 10, 2010, determined that there were no occurrences of any Threatened, Endangered or Sensitive plant species; therefore, this project will not affect any Threatened, Endangered or Sensitive plant species. A Noxious Weed Risk Assessment, also dated February 16, 2010, determined that the implementation of the project with the noxious weed management requirements would impart a moderate to high risk of noxious weed introduction and spread by the project. The following management requirements will be incorporated into the project implementation: 1. All equipment, including the masticator must be free of soil, mud (wet or dried), seeds, vegetative matter or other debris that could contain seeds in order to prevent new infestations of noxious weeds in the project area. Dust or very light dirt which would not contain weed seed is not a concern. 2. Keep all mechanized equipment, including masticator head, out of sites infested with noxious weeds. 3. If the area of Himalayan blackberry is treated, cut the stems and leave them at the site. 4. Botany and fire personnel may pull, pile, and burn the French broom prior to project implementation. If this does not occur, hand treat that area and keep the cut stems within the existing infestation. Soils/Hydrology The District Hydrologist reviewed this project and prepared a Hydrology Report, dated May 22, 2008, which can be found in the District project file. Appropriate Best Management Practices (BMPs) will be part of the implementation of the project. It was determined and documented in the report that the proposed action would not degrade water quality or habitat for aquatic or riparian dependent species. The project is not expected to have an effect on beneficial uses of water due to the limited nature of the 3

4 activity. Incorporating the BMPs listed in the report is expected to reduce potential problems that could occur from the proposed action as it relates to hydrologic function, sediment production and soil productivity. The project is consistent with applicable Riparian Conservation Objectives listed in the Stanislaus National Forest Land and Resource Management Plan, as amended. Reasons for the Decision In summary, I made my decision to mechanically shred brush and conifer trees up to 12 dbh followed with a hand treatment where terrain and mitigation requirements make mechanical treatment unpractical for the following reasons: The project will enhance public and fire fighter safety in the event a wild fire occurs on or adjacent to the project area. The project is strategically connected to other WUI hazard fuel treatments. The project is strategically connected to the Tuolumne County Community Wildfire Protection Plan. Public Involvement The Forest Service first listed the Mt. Elizabeth Fuel Reduction Project in the October 2009 issue of the Stanislaus National Forest Schedule of Proposed Actions (SOPA). The Forest distributes the SOPA to about 160 parties and it is available on the internet [ On April 22, 2010 and June 15, 2010 the District sent scoping letters to 16 parties interested in this project. The letter requested comments on the Proposed Action between the date of receipt and June 30, Two interested parties submitted comments. One interested party submitted an with an attached letter in support of the project and suggestions regarding improving roadbed quality and responsibility of road maintenance. The intention of the District is to follow up this fuel reduction project with road maintenance, if funding can be found, to improve emergency vehicle access and residential emergency egress. Another interested party submitted an in support of the project, but requested clarification on the work to be done and suggested that oak snags of high wildlife value be retained if posing low wildfire risk. The District responded by providing clarification to the interested party and modified the decision, noting to retain oak snags of high wildlife value if snags pose low wildfire risk. On May 19, 2010 the proposed action was also presented to the Mi-Wuk Tribal Council at the Tribal Consultation Day. The District received no input on the project from the Tribe. Findings Required by Other Laws This action is consistent with the Stanislaus National Forest Land and Resource Management Plan, as amended. Implementation Date The procedures for legal notice and opportunity to comment (36CFR 215.4) do not apply to this project; therefore, implementation of the decision may begin immediately. Administrative Review or Appeal Opportunities This decision is not subject to administrative appeal (36 CFR (f)). Contact Person For further information concerning this action, please contact Robert Laeng, District Resource Protection Officer, Post Office Box 100, Mi-Wuk Village, California, 95346, by telephone at , extension 657 or by rlaeng@fs.fed.us. 4

5 Signature and Date Ann L. Denton District Ranger Mi-Wok Ranger District Stanislaus National Forest July 21, 2010 Date 5