Draft DECISION NOTICE And Finding of No Significant Impact

Transcription

1 Draft DECISION NOTICE And Finding of No Significant Impact Number Two Canyon Trails Project USDA Forest Service Okanogan-Wenatchee National Forest Wenatchee River Ranger District Chelan County, Washington Background The Number Two Canyon Trails Project Environmental Assessment (EA) describes a no action alternative and one action alternative, the proposed action. The project would create a non-motorized trail system in the upper Number Two Canyon and Horse Lake Mountain area. The proposed action was analyzed and design criteria were created by resource specialists from the Interdisciplinary Development Team for the project. The projectwill construct 24.6 miles of new trail, improve and adopt 5.0 miles of existing user-built trail, rehabilitate 5.3 miles of user-built routes, develop a downhill and a skills park area, construct two trailheads, improve 1.2 miles of road, decommission 0.1 miles of road, increase access to 0.4 miles of road, and restrict access to 0.9 miles of road, all in the Number Two Canyon area. These trail system improvements would provide recreational opportunities close to the Wenatchee area and connect Number Two Canyon with the CDLT Sage Hills/Horse Lake Preserve trail system. The Wenatchee Forest Land and Resource Management Plan (Forest Plan), as amended by the Northwest Forest Plan, is the principle policy under which this action was developed. An analysis of the proposal was conducted in accordance with the National Environmental Policy Act (NEPA) and the implementing regulations of 40 CFR The Number Two Canyon Trails Project Area is located in the Number Two Canyon and Horse Lake Mountain areas of the Wenatchee River Ranger District (WRRD), Okanogan-Wenatchee National Forest, and Chelan County in Washington State, approximately 5 miles west of Wenatchee. The legal location is T22N, R19E, Sections 2, 3, 4, 9, 11, 14, 15, 16 and 22; T23N, R19E, Section 34, WM. The project area is 6138 acres, though trails would be constructed within approximately 1000 acres. Decision and Rationale Decision Based upon my review of the Number Two Canyon Trails Project Environmental Analysis (EA), I have decided to implement Alternative 2, the proposed action,which is designed to meet the Purpose and Need by implementing the activities and mitigation measures described in the EA on pages The proposed action is comprised of the following: 1) Construct 24.6 miles of non-motorized, multi-user, natural surface trails. 2) Improve and adopt 5.0 miles of user-built trail. 3) Rehabilitate 5.3 miles of user-built trails to reduce erosion and re-establish vegetation. 1

2 4) Develop downhill and skills area for mountain bikes. 5) Construct new trailheads at Martin Ranch and at Four Corners. 6) Improve 1.2 miles on FSRs 7101 and to provide better access to the new trailheads. 7) Increase motorized access on FSR by 0.4 miles to the new Martin Ranch trailhead. 8) Decommission FSR and remove from classified road system. 9) Restrict motorized access with a closed gate on 0.9 miles of FSR to administrative use only. 10) Assign Forest Plan management allocations to 216 acres of the National Forest as Key Deer and Elk Habitat (EW-1), Matrix, and Riparian Reserve. My conclusion is based on a review of the Project Record that shows a thorough review of the relevant scientific information, a consideration of responsible opposing views, and the acknowledgement of incomplete or unavailable information. Decision Rational This Decision Notice and Finding of No Significant Impact (FONSI) will serve as the documentation for my decision regarding the implementation of the Number Two Canyon Trails Project. The EA documents the environmental analysis and conclusions upon which this decision is based. The EA and Response to Comments document are hereby incorporated by reference. I have decided to implement Alternative 2 presented in the EA because these actions will be meet the project purpose and need described below and further described in the EA on pages 1-8. The purpose of this project is to develop non-motorized, multi-user recreation trails near Wenatchee to help meet the demand for local recreational trails: 1) There is a need to develop non-motorized trails in the Number Two Canyon/Horse Lake Mountain area that would provide a variety of multi-user trail opportunities (including mountain bikes) because there is currently a shortage of this type of trail system close to the greater Wenatchee community. 2) There is a need to connect Forest Service trails with CDLT s Sage Hill/Horse Lake Reserve Trail because this would allow development of a broader network to serve the greater Wenatchee community. 3) There is a need to improve road access to these recreational trails because the current road maintenance levels are minimal and limit access by some vehicles. 4) There is a need to develop trailheads to high-use trails to provide users facilities and to minimize impact to soils and riparian areas. 5) There is a need to restore disturbed areas within the proposed recreational trail area because resource damage has occurred on unauthorized trails that have been built 6) There is a need to discourage use of unauthorized routes because of resource impacts. 7) There is a need to minimize or eliminate potential unauthorized trail construction because of resource impacts. 2

3 8) There is a need to minimize or eliminate unauthorized motorized use in the project area because of the conflict with desired recreational uses and to minimize or eliminate resource damages. 9) There is a need to assign Forest Plan management allocations to 216 acres in Township 22 North, Range 19 East, Section 14 because the current Wenatchee National Forest Management Plan does not address the allocations required for the proposed action. The intent of implementation of the proposed action is to help meet the goals and objectives outlined in the Wenatchee National Forest Plan. These are to provide a diverse system of safe, sustainable, wellmaintained trails for the enjoyment of all users and to help move the project area towards desired conditions of more non-motorized trail mileage described in that plan (USDA Forest Service 1990). Alternative 2, the Proposed Action, is fully described in the EA on pages Construction of 24.6 miles on non-motorized, multi-user trails, with accompanying trailheads and adoption of existing sustainable user-built trails, will meet the need of providing this type of opportunity near the higher population base in the greater Wenatchee area. Connecting this trail system to the existingcdlt Sage Hill/Horse Lake Reserve trails will create a broader network to serve the greater Wenatchee community. Constructing new trailheads at Martin Ranch and Four Corners will facilitate use by the public, and decrease potential impacts that could occur from unplanned dispersed parking in the area.similarly, improving FSRs 7101 and will increase road safety and facilitate use of these new trails, while also designed to reduce or minimize impacts to adjacent resources. Constructing a skills area and a downhill area on a limited footprint will provide recreational opportunities afforded by these types of facilities, while focusing impacts in a relatively small area, some of which is already disturbed. Rehabilitation of 5.3 miles of unsustainable user-built trails will reduce erosion and re-establish vegetation.decommissioning of FSR , including rehabilitation and blocking access, will return this roadbed to productive forest. Restricting motorized access with a gate on 0.9 miles of FSR will reduce environmental impacts caused by rutting when this roadbed is soft, and the erosion it can cause, while also enhancing the non-motorized recreational experience in this area. Establishing a closureto motorized use through a Forest Order will also reduce impacts from resource damage and enhance the non-motorized recreational experience. Establishing a Forest Order closure during the winter to motorized and non-motorized use will underscore existing Forest Plan direction and help protect mule deer on their winter range. Assigning a Forest Plan management allocation to 216 acres of the National Forest as Key Deer and Elk Habitat (EW-1), Matrix, and Riparian Reserve will help assure management of this area is integrated with surrounding areas and protects the environment, including deer winter range. This decision responds to a need identified in the Wenatchee National Forest Plan in 1990, and more recent dialogues with the public. Natural resource protection was balanced with the need for nonmotorized recreation when this landscape was selected. 3

4 Public Involvement Collaboration/Scoping A legal notice describing the Proposed Action and requesting comments was published in the Wenatchee World Newspaper (Wenatchee, WA) on December 19, A scoping letter was sent to the WRRD planning mailing list, and nearby property owners and other stakeholders for this project on December 18, It described the Purpose and Need for the project, the original Proposed Action, the Forest Plan Management Allocations and requested comments. The proposal was listed in the Schedule of Proposed Actions beginning in October Eight comment letters were received, and are available in the project record. The draft EA was posted to the SOPA website and the legal notice for the 30-day public comment period was published in the Wenatchee World on October 9 th, Letters were sent to the WRRD planning mailing list, nearby property owners, and other stakeholders for this project announcing the availability of the draft EA for review on October 10 th. The Wenatchee World wrote an article on the project, published October 16, with a link to the comments database.koho radio broadcast information on the project, and posted on their website, including a link to the comments database. The comment period closed November 8 th, Comments were received from 50 individuals or organizations during this period, and are available in the project record. Consultation Government-to-Government consultation was conducted with the Yakama Nation and the Confederated Tribes of the Colville Reservation. Consultation letters were sent to both on December 17, The Colville s concurred that a cultural resource survey of the proposed trails system was warranted. This consultation process did not result in the documentation of any specific concerns regarding project impacts on resources of tribal interest. For all archeological and historic properties including cultural landscapes, the proposed activities fall within the standard procedures outlined in Section 106 of the National Historic Preservation Act. Under the 1997 Programmatic Agreement between the State of Washington and the U.S. Department of Agriculture regarding cultural resources management on National Forests in the state, consultation with the State Historic Preservation Officer on the determination of No Historic Properties Present, No Effect was not required. As required under the Endangered Species Act, the Forest Service contacted the U.S. Fish and Wildlife Service regarding the potential impact of the Number Two Canyon Trails project on federally listed species. A Biological Assessment (BA) has been completed for wildlife and determinations made of may affect, not likely to adversely affect for the gray wolf, grizzly bear, wolverine, and northern spotted owl and no effect for the Canada lynx, marbled murrelet, and designated critical habitat for the spotted owl and lynx. A no effect determination was made for federally listed plant and fish species, designated critical habitat, and essential fish habitat, so consultation on these species was not necessary with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service. 4

5 Resolved Resource Conflicts After interdisciplinary team review of the proposed project, no major issues were identified. Minor concerns were mitigated through resource specialist design criteria and mitigation measures, listedon pages of the EA. When there are no unresolved conflicts (issues) the EA need only analyze the proposed action and proceed without consideration of additional alternatives (36 CFR (b)(2)(i)). Finding of No Significant Impact I have determined through the Number Two Canyon Trails Project Environmental Assessment that this is not a major federal action individually or cumulatively thatwill significantly affect the quality of the human environment; therefore, anenvironmental Impact Statement will not be prepared. Significance, as used in NEPA, is determined by considering the context and intensity of proposed actions. This means that the significance of an action must be analyzed in several contexts such as society as a whole (human and national), the affected region, the affected interests, and the locality. Significance varies with the setting of the proposed action. In the case of a site-specific action, significance usually depends upon the effects in the locale rather than in the world as a whole. Intensity refers to the severity or degree of impact. (40 CFR ) Chapter 3 of the EA provides an analysis of environmental effects by resource on pages 29 72, and further defines potential impact context and intensity on pages 27 and 28. Context This project is a site-specific action that by itself does not have international, national, region-wide, or statewide importance. The Okanogan-Wenatchee National Forest is comprised of over 4,000,000 acres, the Wenatchee River Ranger District is comprised of approximately 800,000 acres and the Number Two Trails project area is approximately 6,094 acres. All project activities occur in an area of approximately 1000 acres between the top of Horselake Mountain, the 4-corners trailhead, and the Martin Ranch trailhead. Actual ground disturbance will be an approximately 20-acre footprint (EA page 49). All impacts from this project would be site-specific or local. The discussion of the significance criteria that follows applies to the intended action and is within the context of local importance in the area associated with the Number Two Canyon Trails Project area. Intensity The intensity of effects was considered in terms of the ten Significance Criteria described in NEPA regulations (40 CFR ): 1. Impacts that may be both beneficial and adverse. A significant effect may exist even if the Federal agency believes that, on balance, the effect will be beneficial. The thorough effects analysis (direct, indirect, and cumulative) in Chapter 3 of the EA was considered. The beneficial effects of the action as disclosed in Chapter 3 did not bias my finding of no significant environmental effects, nor do beneficial effects mask adverse effects. 2. The degree to which the proposed action affects public health and safety: There will be no significant effects on public healthor safety. Project design criteria and Best Management Practices are designed to protect the public and the environment (EA, pages 9-21). None are unusual or unique to this project. 5

6 3. Unique characteristics of the geographic area, such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas. No prime farmlands, parklands, wild and scenic rivers, or ecologically critical areas are found within the project area. Wetlands are found in the project area, but impacts are minimized by the best management practices applied (EA pages 16-20), so effects are not significant. The Washington State Historical Preservation Office (SHPO) concurred with the Okanogan-Wenatchee NF s determination of No Historic Properties Present - No Effect on National Register eligible or listed historic and cultural resources on June 30, 2015 (EA pages 60 and 73). 4. The degree to which the effects on the quality of the human environment are likely to be highly controversial: The effects on the quality of the human environment are not likely to be highly controversial. There is no known credible scientific controversy over the impacts of the proposed action. (EA Chapter 3). 5. The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks: There were no highly uncertain, unique, or unknown risks identified for the Number Two Canyon Trails Project. The Forest Service has considerable experience with actions like the one proposed. The analysis shows the effects are not uncertain, and do not involve unique or unknown risks (EA Chapter 3). 6. The degree to which the action may establish a precedent for future actions with significant effects: Activities approved in this decision notice are routine similar to those implemented under the Wenatchee National Forest Land and Resource Management Plan during the past 20 years. None are new or precedent setting (see Forest Plan consistency statements at the end of each resource discussion in Chapter 3). 7. Whether the action is related to other actions with individually insignificant, but cumulatively significant impacts: The cumulative impacts are not significant. Each resource area was analyzed and if needed design criteria were put in place to mitigate any individual effect. All cumulative effects are limited to the local area and effects of the proposed action are limited in duration and intensity (EA Chapter 3, Resource Cumulative Effects sections). 8. The degree to which the action may adversely affect districts, sites, highways, structures, or objects listed, or eligible for listing, in the National Register of Historic Places or may cause loss or destruction of significant scientific, cultural, or historical resources..the Washington State Historical Preservation Office (SHPO) concurred with the Okanogan-Wenatchee NF s determination of No Historic Properties Present - No Effect on National Register eligible or listed historic and cultural resources on June 30, 2015 (EA pages 60 and 73). 9. The degree to which the action may adversely affect endangered or threatened species or habitats: There are no endangered or threatened fish or plant species or their habitat in the project area, therefore there are no adverse effects.for wildlife, the Biological Assessment (BA) concluded that implementation of the proposed action would cause no effect to Canada lynx, north American wolverine, marbled murrelet, designated critical habitat for the Canada lynx and northern spotted owl; and the project may affect, is not likely to adversely affect the gray wolf, grizzly bear, and northern spotted owl (EA pages and 73; BA in the project record). 6

7 10. Whether the action threatens a violation of environmental laws or requirements. The action will not violate Federal, State, and local laws or requirements for the protection of the environment. Applicable laws and regulations were considered in the EA (EA pages 4-5, 73, and see below). The action is consistent with the Wenatchee National Forest Land and Resource Management Plan, as amended. (EA pages 4-5, Chapter 3) After considering the effects of the actions analyzed, in terms of context and intensity, I have determined that these actions will not have a significant effect on the quality of the human environment. Therefore, an environmental impact statement will not be prepared. Findings Required by other Laws and Regulations This project was prepared consistent with the requirements of the National Environmental Policy Act, its implementing regulations, and the Forest Service NEPA regulations (36 CFR 220) and Handbook (FSH ). This decision is consistent with the National Forest Management Act and the long-term Goals and Objectives listed in the Wenatchee National Forest Land and Resource Management Plan (Forest Plan) (1990), as amended by the Northwest Forest Plan (1994). I find that this decision complies with the Northwest Forest Plan as amended by the 2001 Record of Decision and Standards and Guidelines for Amendments to the Survey and Manage, Protection Buffer, and other Mitigation Measures Standards and Guidelines. It considers suitable habitat for survey and manage species and applies appropriate mitigations providing for a reasonable assurance of species persistence. The project was designed in conformance with Forest Plan Management Allocation standards and guidelines. The project is consistent with all applicable Forest Plan standards and guidelines, and meets requirements of the National Forest Management Act (see Forest Plan consistency statements at the end of each resource discussion in the EA, Chapter 3). The Wenatchee River Ranger District invasive species program currently in place and BMP s are included as design criteria and incorporates relevant portions of the Okanogan- Wenatchee National Forests Weed Management and Prevention Strategy and Best Management Practices (USDA Forest Service 2002a) as well as standards provided by the Region 6 Invasive Plant Management EIS (USDA Forest Service 2005a) (EA page 72). The project is consistent with objectives of the Aquatic Conservation Strategy (ACS) and will also meet or exceed all Forest Plan standards and guidelines that apply to riparian reserves (EA page 57 and Appendix E). The project will not contribute to a negative trend in viability of any Management Indicator Species (MIS) (EA pages 43-46). The project is also consistent with: Migratory Bird Treaty Act because the project is designed to meet the Act and any impacts would be negligible (EA page 47). Clean Water Act because there were minor adverse effects to water quality in the short term at the project scale, but these would be negligible at the watershed scale, and good quality would be maintained over the long term; there would be no effect to water quantity (EA page 57). Clean Air Act because all of the proposed alternatives will cause no more than incidental dust as a result of implementation of the proposed actions. No effect to wilderness visibility or other Class 1 airsheds is anticipated. Magnuson Stevens Act because Essential Fish Habitat is not present (EA page 51). American Indian Religious Freedom Act of 1978 because the project would not limit Native American access to sacred sites. Tribes were consulted about the project, and did not raise these concerns (EA page 73). 7

8 Archaeological Resource Protection Act of 1979 because no archaeological sites will be removed or harmed by planned actions (EA page 60). Executive Orders: Executive Order and (protection of wetlands and floodplains), because floodplains and wetlands would be protected by mitigation measures (EA page 19). Executive Order (environmental justice), because no effects are anticipated on low income and minority populations. OPPORTUNITY TO OBJECT The Forest Service is making the draft Decision Notice and Final EA available for a 45-day objection period under 36 CFR 218 subpart A through a legal notice in the Wenatchee World. This project is subject to the pre-decisional review process pursuant to 36 CFR 218 subparts A and B. Objections must meet the requirements of 36 CFR 218.8(d); incorporation of documents by reference is permitted only as provided for at 36 CFR 218.8(b). During the objection period, Objections will only be accepted from those who have previously submitted specific, written comments regarding the proposed project during scoping or other designated opportunities for public comment in accordance with 36 CFR 218.5(a). Issues raised in objections must be based on the previously submitted written comments unless the objection is based on new information arising after the designated opportunities for comment. An objection must include a description of those aspects of the proposed project addressed by the objection, including specific issues related to the proposed project; if applicable, how the objector believes the environmental analysis or draft decision specifically violates law, regulation, or policy; suggested remedies that would resolve the objection; supporting reasons for the reviewing office to consider; and a statement that demonstrates the connection between prior written comments on the particular project or activity and the content of the objection, unless the objection concerns an issue that arose after the designated opportunities for comment. Comments received during this review process will be considered, and a revised (if necessary) Environmental Assessment and Decision Notice prepared. The publication date of the legal notice in the Wenatchee World is the exclusive means for calculating the time to file an objection with the Forest Service, and those wishing to object should not rely upon dates or timeframe information provided by any other source. Any objection, including attachments, must be filed (regular mail, fax, , hand-delivery, express delivery, or messenger service) with the Forest Service reviewing officer within 45 days of this legal notice at: Regional Forester, Attention: 1570 OBJECTIONS, Pacific Northwest Region, P.O. Box 3623, Portland, OR (US Mail) [or for physical delivery 1220 SW 3rd Avenue, Portland, OR 97204], FAX , or sent electronically to objections-pnw-regional-office@fs.fed.us. Hand deliveries must be made between 8:00 AM and 4:30 PM Monday through Friday, except legal holidays. 8

9 Electronic objections must be submitted only to the address shown above as part of the actual e- mail message, or as an attachment in Microsoft Word (.doc or.docx), rich text format (.rtf), or Adobe portable document format (.pdf) only. s in other formats or containing viruses will be rejected. Note in the subject line the name of the project and that it is an objection.it is the responsibility of all individuals and organizations to ensure their objections are received in a timely manner as described in 36 CFR For electronically mailed objections, the sender should normally receive an automated acknowledgement of the receipt of the objection. It is the sender s responsibility to ensure timely receipt by other means.in cases where no identifiable name is attached to an objection, a verification of identify will be required for objection eligibility. If using an electronic message, a scanned signature is one way to provide verification. Please be aware that all comments, names, addresses, and phone numbers become part of the project record and are subject to release if a Freedom of Information Act (FOIA) request is received. Timing of Project Decision and Implementation The Reviewing Officer shall issue a written response to all Objections within 45 days following the end of this objection-filing period (218.10). When all objections have been responded to in writing, the Responsible Official may make a final decision on the proposed project. Contact Information For further information regarding this project, contact Don Youkey, team leader, Wenatchee River Ranger District, 600 Sherbourne, Leavenworth, WA at (509) or dyoukey@fs.fed.us. The Environmental Assessment and supporting documents are available for inspection during regular business hours (Monday through Friday, 8:00 a.m. to 4:30 p.m.) at the Wenatchee River Ranger District (please call ahead to schedule an appointment). The Environmental Assessment and draft Decision Notice are posted on the Okanogan-Wenatchee National Forest website at: /s/jeffrey A Rivera JEFFREY A. RIVERA District Ranger 13January2017 Date 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 to 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. 9