DECISION MEMO USDA FOREST SERVICE

Transcription

1 DECISION MEMO USDA FOREST SERVICE Eagle River-Florence and Lakewood-Laona Ranger Districts Chequamegon-Nicolet National Forest Florence, Forest, Langlade, Oconto, Oneida, and Vilas Counties, Wisconsin DECISION The Forest Service has decided to implement the, as identified below. This project is located in the east side of the Chequamegon-Nicolet National Forest (CNNF) in T31-42N, R11-17E. The Forest Service proposes to authorize improvement and restoration of rivers, streams, and creeks. The project actions would include: damage restoration from illegal activities such as drug growing operations, stream projects paid for by timber sales, and other improvements. Specific actions would include: bank stabilization, planting, underplanting (planting under the present overstory), site preparation, in-stream brushing, brush removal, and brush placement. Some of the planted trees would be moist-soil tolerant tree species (tamarack, spruce, ash) to provide shade to the adjacent water body. Design Features Avoid all heritage sites Send out a Categorical Exclusion checklist to the specialist before each project for review and clearance. Should any site features or artifacts be located during the project, contact the forest archaeologist immediately. Wildlife and fish habitat manipulation will not be permitted unless it s consistent with RNA objectives and is needed to maintain the character or purpose of the area. All the actions for this CE will require cultural resources review and many may require pedestrian survey and shovel testing if survey does not meet the standards established in Shovel testing in the spring. See CE checklist. REASONS FOR THE DECISION The current condition is that some of our rivers, streams, and creeks are in need of restoration. The desired condition is to create a programmatic waterways improvement program to restore these waterways to meet the desired conditions in the CNNF Land and Resources Management Plan (forest plan). The forest plan direction is listed below: 1

2 Goal Aquatic Ecosystems- Provide for ecologically healthy streams, riparian areas, lakes, and wetlands, including a decline in the occurrence of exotics such as carp, zebra mussel, rusty crayfish, Eurasian milfoil, and purple loosestrife (p.1-2). Objective 1.3e - Improve or restore aquatic/riparian habitat in streams and lakes (p.1-3). Goal Wildlife and Fish Habitat - Conserve habitat capable of supporting viable populations of existing native and desired non-native species, and retain the integrity and function of key habitat areas (p. 1-4). Wetlands Guidelines: Protect hydrologic functions and maintain hydrologic regimes. p Fisheries Habitat Standard: Maintain a minimum of 80% shrub or tree shade (where present) around ground water seeps within cool and cold water systems. p Guidelines: p and Manage riparian areas so that they contribute large woody debris (LWD) to lakes, ponds, rivers, and streams. LWD characteristics include: (1) At least 10 to 30 pieces per 1,000 feet of shoreline adjacent to uplands, and at least 5 to 20 pieces per 1,000 feet of shoreline adjacent to forested lowlands; (2) Most pieces greater than 12 inches in diameter and some resistant to decay; (3) Many pieces in lakes with strong branches on the boles which hold part of the wood off the bottom; (4) LWD length should be at least 50 to 120 feet long in lakes and wide streams, or a length that is 1 to 2 times bank full width in narrow-medium width streams (i.e. less than 50 ft. wide). Restore or enhance habitat complexity in lake habitat manipulation projects by using a variety of wooden cover structures (e.g., fish cribs, tree-drops and half-logs) and rock reef placements. Simulate a natural appearance in aquatic habitat improvement tree drops by having variable distances between them. Stumps should either be flush cut or angled away from the lake, river, or stream. Bury tree drop holding attachments where possible. Reshape the bank and smooth contours when re-vegetating exposed stream banks. Partially cover stabilization structures with transplanted native vegetation and Re-vegetate with native species suited for site stabilization. Vary the rock size and utilize native rock for riprap and within water rock structures. Maintain natural lake edges and stream meanders when making shoreline and within stream improvements. Design, construct, and maintain stream crossings and dams to minimize disrupting the migration or movement of fish and other aquatic life. Passage may be blocked for a prescribed fish management procedure or if passage is deemed unnecessary. Do not remove in-stream large woody debris for more than one-half the stream channel width when removal is necessary for recreational boating or canoeing. Rationale: Our selected action fully meets the intent of the forest plan, and the purpose and need as identified above. 2

3 REASONS FOR CATEGORICALLY EXCLUDING THE DECISION Category of Exclusion: The Forest Service has determined this action falls under the following category of action that is normally excluded from documentation in an Environmental Assessment or Environmental Impact Statement pursuant to 36 CFR 220.d (7): Modification or maintenance of stream or lake aquatic habitat improvement structures using native materials or normal practices. FINDING OF NO RELATED EXTRAORDINARY CIRCUMSTANCES We find there are no extraordinary circumstances present that may result in a significant individual or cumulative environmental effect. Specifically, the following circumstances were evaluated and found not related (FSH ): (Reference: Extraordinary Circumstance Checklist) 1. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. No effect when design features are implemented following individual project review (Michael Peczynski , Scott Anderson , and Steve Janke ). 2. Floodplains, wetlands or municipal watersheds. The proposed actions would benefit/restore water bodies. No municipal watersheds present. The affected area does not lie within a municipal watershed. It does lie in floodplains and wetlands, but has no effect (Sara Sommer and Thomas Moris ). 3. Congressionally designated areas. There is no wilderness or other congressionally designated areas in the current project area or on the Lakewood- Laona Ranger District. Future projects in Eagle River-Florence will be reviewed before implementation (Marilee Houtler ). 4. Inventoried roadless areas. These current projects are not in inventoried roadless areas and there are none on the Lakewood-Laona Ranger District. Future project in Eagle River-Florence will be reviewed before implementation (Marilee Houtler ). 5. Research Natural Areas. The affected area does not lie in or near a Research Natural Area so there is no effect. Forest Plan Guideline: Wildlife and fish habitat manipulation will not be permitted unless it s consistent with RNA objectives and is needed to maintain the character or purpose of the area. Projects in RNAs will be evaluated on a case-by-case basis (Steve Janke ). 6. American Indian and Alaska Native religious or cultural sites. This action would not change the existing use of the site due to design features. Tribal consultation 3

4 is not necessary for this type of project (Harv Skjerven and Jeff Seefeldt ). 7. Archeological sites, or historic properties or areas. The Forest Archeologist reviewed and completed a cultural resource inventory of the current project area (McKay, ). Rivers, streams, and creeks are among the most archaeologically sensitive locations. All the actions for this project will require cultural resources review and many may require pedestrian survey and shovel testing if survey does not meet the standards established in PUBLIC INVOLVEMENT Based upon public, other agency, and internal scoping, the IDT did not identify any extraordinary circumstances potentially caused by this action. The interdisciplinary team surveyed the area for presence of extraordinary circumstances and found none (botanist, biologist, archeologist, and water resources). The public was notified of this action by scoping notices on December 19, 2012 and through the Forest s January to March 2013 SOPA. The CNNF posted the scoping on the forest website on December 19, The District did receive two positive responses were received from these notices. Consultation included contacts with the tribes. No responses were received from the tribes. COMPLIANCE WITH LAWS AND REGULATIONS The Forest Service has considered relevant laws, regulations, and agency direction. We find our decision complies with the National Forest Management Act, National Environmental Policy Act, and the Endangered Species Act. We have considered direction in the FSM 1950 and FSH and find the analysis and our decision consistent with that direction. FOREST PLAN CONSISTENCY (NATIONAL FOREST MANAGEMENT ACT). We have reviewed the direction in the forest plan. Our decision addresses its goals and objectives and is consistent with all standards and guidelines relevant to this action. The Forest Service has reviewed this action in accordance with Executive Order (consideration of environmental justice). We find scoping was adequate to inform low income and minority populations that may be affected by this action. No concerns of disproportionate health or environmental effects surfaced. Adverse effects of this action will be minor or not apparent. Therefore, we find our decision will not disproportionately create high and adverse health or environmental effects to low income or minority populations. 4

5 ADMINSTRATIVE REVIEW AND IMPLEMENTATION DATE Our decision is not subject to a higher level of administrative review or appeal pursuant to 36 CFR (f). The Districts can immediately implement this decision as soon as this decision is published in the Northwoods River News. For more information about this decision, contact Tom Moris, 4978 Hwy 8W, Laona, WI 54541(Phone ) SIGNATURES AND DATES /s/ Jeff Seefeldt 2/24/13 Jeff Seefeldt Date District Ranger /s/ Joel H. Skjerven 2/14/13 Joel Skjerven Date District Ranger 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) To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., W ashington, D.C , or call (800) USDA is an equal opportunity provider and employer. 5