Environmental Assessment

Transcription

1 United States Department of Agriculture Forest Service January 2013 Environmental Assessment Lake and Santa Rosa Counties Land Sale National Forests in Florida Santa Rosa and Lake Counties, Florida For Information Contact: Matthew Trager National Forests in Florida 325 John Knox Rd. Ste. F-100 Tallahassee, FL

2 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.

3 Table of Contents Summary Introduction...2 Background... 2 Purpose and Need for Action... 2 Proposed Action... 3 Decision Framework... 3 Public Involvement... 4 Issues Alternatives...5 Alternatives... 5 Alternative 1 - No Action...5 Alternative 2 - Proposed Action...5 Alternatives considered but not analyzed in detail...5 Mitigation measures... 5 Comparison of Alternatives Environmental Consequences...7 Current conditions... 7 Biological and physical resources... 8 Vegetation and wildlife habitat...8 Protected or sensitive species...8 Wetlands and aquatic resources...8 Social and cultural resources... 8 Archaeological resources...8 Recreation opportunities...8 Safety Consultation and Coordination...9 1

4 SUMMARY The Forest Service proposes to dispose of seven tracts in Lake County and one tract in Okaloosa County that cannot be efficiently managed to meet the goals and objectives of the Land and Resource Management Plan (or Forest Plan, U.S. Forest Service, 1999). These tracts are small and isolated; six of them are outside the proclaimed boundary of the National Forests. This sale is authorized by the Florida National Forest Land Management Act of 2003 (Public Law ). The proposed action is to sell these tracts to the highest bidder determined through publicly advertised sales. Revenue from the sales would be used to purchase lands adjacent to or within the proclaimed boundary of the National Forests in Florida. Although the sale of these tracts could result in the loss of open space, the lands are currently unmanaged and do not provide high-quality wildlife habitat or recreational opportunities. Surveys of the sites and consideration of available information resulted in a not likely to adversely affect determination for the indigo snake and no effect determinations for all other federally listed threatened or endangered species. Cultural resource surveys found nonsignificant resources on tracts C-2208B and C-2209D and no resource on the other sites. The purchase of inholdings and lands adjacent to the National Forests in Florida with revenue produced from the proposed sales would benefit multiple natural resources and opportunities for public uses. In addition to the proposed action, the Forest Service evaluated a no action alternative that would maintain the tracts as National Forest lands. This alternative would likely result in their continued degradation due to the impracticalities of active management. Damage to existing resources could occur due to difficulties enforcing National Forest in Florida regulations regarding acceptable public uses. Maintaining ownership of these lands would not produce revenue for acquiring lands that would contribute to natural resource management and public enjoyment in the National Forests in Florida. The Responsible Official will decide whether to offer these tracts for sale or to maintain them as public land. 1

5 1. INTRODUCTION The Forest Service has prepared this Environmental Assessment in compliance with the National Environmental Policy Act (NEPA) and other relevant Federal and State laws and regulations. This document describes the proposed action and its relationship to management direction from the National Forests in Florida Land and Resource Management Plan (Forest Plan) and then discloses the direct, indirect, and cumulative environmental impacts that would result from the proposed action and the no-action alternative. Additional documentation, including more detailed analyses of resources in the project area, may be found in the project planning record located at the National Forests in Florida Supervisor s Office in Tallahassee, Florida. Background The single tract located in Santa Rosa County was administratively included in the Chochtawhatchee National Forest. President Theodore Roosevelt established the Chochtawhatchee National Forest in 1908 with Presidential Proclamation No A Public Law was enacted in 1940 to transfer the control of these lands to the War Department for military purposes and most of the land is now managed as Eglin Air Force Base. Since 1963, the Department of Defense has returned 11 parcels of land to the Forest Service for disposal, exchange or other realty actions. The seven tracts in Lake County are administratively included in the Ocala National Forest but five of them are not within the proclaimed boundary of that National Forest and the other two are surrounded by private land. These tracts are in the public domain, established as United States public lands in the Adams-Onis Treaty of The eight tracts total approximately acres. Maps of all tracts are on the project website ( or or are available upon request. Purpose and Need for Action The purpose of the proposed sales is to dispose of land currently administered by the National Forests in Florida that is unmanageable and does not contribute to achieving the desired conditions described in the Forest Plan. The parcels proposed for disposal are small, isolated and extremely difficult to manage due to their location, degraded condition and limited access. Two of the parcels are surrounded by private land within the boundary of the Ocala National Forest (C-3MD1 and C-3MD2) and the other six parcels are outside the proclaimed boundaries of the National Forests in Florida. The proposed sale complies with Forest Plan direction regarding the desired land ownership pattern for the National Forests in Florida. Specifically, this proposal would contribute to meeting the following Forest Plan goals and objectives: Goal 18: Obtain a national forest ownership pattern that reduces management costs and helps meet ecosystem management objectives. Acquire land to connect large tracts of 2

6 public ownership to maintain biologic and hydrologic linkages in partnerships with other public agencies. Locate and maintain national forest boundaries that are visible to forest users and neighbors (p. 2.4) Objective 16: Evaluate Choctawhatchee lands that no longer exhibit national forest character and consider for exchange for lands adjacent to or within the Apalachicola, Ocala, and Osceola NFs. Exchange national forest land along the Ocklawaha River for State-owned land within national forest boundaries. Exchange Forest Service-owned minerals under Withlacoochee and Blackwater State Forests for land within Pinhook purchase unit (p. 2.6). Objective 17: Acquire land within the 170,600-acre Pinhook purchase unit. Within the Apalachicola, Ocala, and Osceola NFs, annually acquire a minimum of 200 acres of forest inholdings. Acquire 6,500 acres adjacent to the Ocala NF (p. 2.6). Proposed Action The proposed action is to conduct a public sale of the following tracts of land: Tract A-942B (40 acres) Santa Rosa County, T.1S., R.27W., sec. 38. Tract C-3MD1 (12.5 acres) Lake County, T.15S., R.28E., sec 37. Tract C-3MD2 (5 acres) Lake County, T.15S., R.28E., sec 37. Tract C-2208B (39.99 acres) Lake County, T.17S., R.28E., sec. 28, N.W.1/4 S.E.1/4. Tract C-2209D (79.58 acres) Lake County, T.18S., R.29E., sec. 5, S.E.1/4 N.W.1/4 N.E.1/4 SW1/4. Tract C-2209B (39.41 acres) Lake County, T.17S., R.29E., sec. 32, N.E.1/4 S.E.1/4. Tract C-2209 (127.2 acres) Lake County, T.17S., R.28E., sec. 21, N.E.1/4 S.W.1/4 S.E.1/4 N.W.1/4, and S.E.1/4 N.E.1/4. Tract C-2209C (40.09 acres) Lake County, T.18S., R.28E., sec. 14, S.E.1/4 S.W.1/4. Selling these properties is authorized by the Florida National Forest Land Management Act of 2003 (Public Law ). That law allows for disposal through public or private sale (including at auction) ( 3(e)) and states that revenue produced from the sale of these parcels shall be used for acquisition of land and interests in land for inclusion as units of the National Forest System in the State ( 4(i)(2)(A)). Therefore, the eventual purchase of lands within the National Forests in Florida is considered a connected action in this analysis, though the location of these potential acquisitions and the resource values on them have not been identified. Decision Framework The Responsible Official for this project is Susan Matthews, Forest Supervisor for the National Forests in Florida. Given the purpose and need described above, the effects analysis disclosed below and any public comments, the deciding official will make the following decisions: 1. Which alternative best meets the purpose and need of the proposal. 3

7 2. What management requirements, mitigation measures or monitoring are necessary to protect other resources and achieve other resource objectives. 3. If there are significant environmental effects that require further analysis in an Environmental Impact Statement. Public Involvement The project was listed in the Schedule of Proposed Actions and posted to the National Forests in Florida website on October 1, A link was provided on the website for the public to request more information or submit comments on this project. No comments were received before the announcement of the 30-day notice and comment period. Pursuant to 36 CFR 215.6, a 30-day notice and comment period was initiated with the publication of a legal notice in the Tallahassee Democrat on November 21, A letter announcing this project and notifying recipients of the comment period was sent to the Ocala National Forest mailing list and landowners adjacent to or near the Okaloosa Co. tract. The letter (including instructions for submitting comments), maps of the parcels and the EA were posted to the National Forests in Florida website prior to publication of the legal notice. Comments were received from five individuals who own property near the Okaloosa Co. parcel. Three of these individuals requested more information and expressed support for the sale, whereas two residents had further questions related to potential development of the parcel and were generally opposed to the sale but did not raise site-specific concerns within the scope of this project. One individual requested more information regarding the location of the tracts in Lake Co. and maps were provided by mail. Information was also provided upon request to the Lake County Attorney s office and the Conservation Planning division of the Florida Fish and Wildlife Conservation Commission. Most comments were received by phone; the names of commenters and summaries of their comments or requests are available in the project record. Issues The interdisciplinary team for this project did not identify any preliminary issues related to potential negative environmental effects of the proposed action. The Forest Service considered all comments received during the 30-day notice and comment period and determined that none of them raised unresolved issues or concerns about environmental effects of the proposed action not already analyzed in the EA. 4

8 2. ALTERNATIVES This section describes and compares the alternatives no action and the proposed action. It includes a description and map of each alternative considered. This section also compares the alternatives to identify differences between alternatives. Alternatives Alternative 1 - No Action Under the No Action alternative, the eight tracts proposed for sale would be maintained under public ownership and administered by the National Forests in Florida. Alternative 2 - Proposed Action The proposed action is to sell the eight tracts identified above and in the maps in Appendix 1. Disposal would occur through public sale to the highest bidder or through direct sale at market value. Revenue from these sales would be used to purchase land within or adjacent to the proclaimed boundaries of the National Forests in Florida. Alternatives considered but not analyzed in detail The interdisciplinary team for this project considered analyzing an alternative proposing that these tracts be exchanged for inholdings or lands adjacent to the National Forests in Florida. Exchanging the tracts could help efficiently achieve a consolidated land ownership pattern through one transaction (exchange) rather than two (sale and then purchase). The National Forests in Florida contacted owners of several parcels that are within the proclamation boundaries of the forests or in the Pinhook purchase unit and none were interested in exchange for the tracts in this project. Because analysis of land exchanges under the NEPA requires detailed knowledge of the parcels that would be acquired, it was not feasible to include this alternative in the Environmental Assessment. Additionally, it was determined that sale of the tracts would allow greater flexibility in future acquisitions and would better meet the Forest Plan goals and objectives. Mitigation measures No issues or concerns were identified that would require mitigation to reduce environmental effects of the proposed action. Implementation of the proposed action would follow the Florida National Forest Land Management Act of 2003 and any applicable standards and guidelines from the Forest Plan. 5

9 Comparison of Alternatives This section provides a summary of the effects of implementing each alternative. More detailed analysis regarding the effects of the alternatives is in the following section. Measure Alternative 1 No Action Alternative 2 Proposed Action Future land condition Tracts would continue to be overgrown and unmanaged. Habitat would further degrade and potential for catastrophic fire would increase. Protected species No effects. No effects. Wetlands and aquatic resources Archaeological resources Recreation Safety No effects. No effects. Unauthorized recreation on the tracts would continue. Hazards on the tracts would not be mitigated or removed and law enforcement would not be provided by the Forest Service. Tracts would likely be converted to residential or commercial purposes. Purchase of new National Forest lands would improve habitat conditions overall. Potential for development near lakes and wetlands. No effects. Unauthorized regulation would likely stop; recreation opportunities would increase following purchase of National Forests in Florida inholdings. Development or active management would reduce hazards and trespassing. 6

10 3. ENVIRONMENTAL CONSEQUENCES This section summarizes the biological, physical and social environments of the affected project area and the potential effects of implementing the alternatives. Current conditions Tract A-942B This parcel is mostly surrounded by residential areas and has several roads running through it. Vegetation is degraded sand pine habitat. Tract C-3MD1 This parcel is adjacent to a subdivision near the eastern boundary of the Ocala National Forest. Vegetation is primarily overgrown slash pine and palmetto flatwoods with a small area of sand pine scrub. Several unauthorized trails have been created and trash was found around and in the tract. Tract C-3MD2 This parcel is adjacent to a subdivision near the eastern boundary of the Ocala National Forest. It is bordered by a road and fire plowlines and vegetation is dense slash pine and palmetto flatwoods. Tract C-2208B This parcel includes part of South Lake and its southeastern shore. There is relatively little evidence of human activities, but the vegetation is primarily dense sand pine scrub with many downed mature trees due to past hurricanes. Tract C-2209 Approximately 80 percent of the area of this parcel is under Lake Akron. The terrestrial habitat is primarily dense bayhead with smaller areas of slash pine flatwoods and sand pine scrub. There are several user-developed sand roads and trails. Tract C-2209B This parcel is dense sand pine scrub accessible by a sand road through a rural residential area. Tract C-2209C This parcel is adjacent to a degraded cattle grazing area. Vegetation is slash pine and palmetto flatwoods with numerous sand roads. Though the tract is only approximately 200m from the Seminole State Forest, the area between is severely degraded. Tract C-2209D This parcel is dense sand pine scrub adjacent to a residential area. There is some evidence of dumping and other unauthorized use. More information about the current conditions in these parcels is available in the heritage and biological resources reports, which are in the project record and are available upon request. 7

11 Biological and physical resources Vegetation and wildlife habitat Sale of these tracts would likely result in development of residential or commercial interests on the sites. This would simplify the current vegetation and likely reduce habitat for native plants and animals. However, the revenue from the sales would be used to purchase lands that could be managed for high-quality, unfragmented habitat. Under the no-action alternative, vegetation of the tracts would continue to be unmanaged and changes would be due to natural processes and ongoing unauthorized use. Most of the vegetation is already degraded, and under this alternative the sites would become increasingly overgrown. Additionally, given the dense vegetation on many of the tracts and lack of prescribed fire to reduce fuels, it is possible that these areas could burn catastrophically following a lighting strike or human-caused ignition. Protected or sensitive species The tracts were evaluated for species listed as threatened or endangered under the Endangered Species Act of 1973 and for species on the Regional Forester Sensitive Species list. Based on surveys, known occurrences and habitat assessment, it is unlikely that these protected species occur on the tracts. Therefore, there are no negative effects expected under either alternative. Wetlands and aquatic resources Several of the tracts are adjacent to lakes and contain wetland habitats. It is possible that sale of the tracts would result in development along the shoreline and degradation of wetland habitats. Any development in these areas would be subject to state and local regulations. Social and cultural resources Archaeological resources The sites were evaluated for cultural resources pursuant to the National Historic Preservation Act of Two archaeological sites were found within the tracts but were determined to be non-significant. No additional information about potential effects to heritage resources was revealed through tribal or state consultation. Therefore, it was determined that there would be no effect of either alternative on significant heritage resources. Recreation opportunities If the proposed sale occurs, the unauthorized recreation on these tracts would likely end. Upon purchase of future National Forests in Florida lands, opportunities for authorized recreation opportunities would increase. There are no plans to develop or encourage recreation under the no-action alternative. Safety Hazards on these tracts include fallen trees, dense brush, trash and potentially catastrophic fire. The Forest Service is currently unable to provide law enforcement or other resources on these 8

12 tracts. Under the proposed sale, these hazards would likely be reduced by active management or development, whereas under the no-action they would continue to endanger the public. 4. CONSULTATION AND COORDINATION The following Forest Service personnel contributed to this EA: INTERDISCIPLINARY TEAM MEMBERS: Dan McKeague Lands specialist, National Forests in Florida Matthew Trager Forest planner, National Forests in Florida Kyle Jones Lands program manager, National Forests in Florida Micah Thorning Forest wildlife biologist, National Forests in Florida Ray Willis Archaeologist, Ocala National Forest The Forest Service also consulted the following individuals, Federal, State, and local agencies, tribes and non-forest Service persons during the development of this environmental assessment: FEDERAL, STATE, AND LOCAL AGENCIES: State of Florida Bureau of Historic Preservation United States Fish and Wildlife Service, Panama City and Jacksonville Field Offices Eglin Air Force Base United States General Services Administration TRIBES: Alabama-Quassarte Tribal Town Kialegee Tribal Town Muscogee (Creek) Nation Poarch Creek Tribe of Alabama Seminole Tribe of Florida 9