Decision Notice Finding Of No Significant Impact

Transcription

1 Decision Notice Finding Of No Significant Impact U.S. Forest Service Southern Region Land Between The Lakes National Recreation Area Golden Pond, Kentucky Environmental Assessment for Devils Backbone Stewart County, TN September 2013 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.

2 DECISION NOTICE Introduction The environmental assessment (EA) for the Devil s Backbone Area at Land Between The Lakes (LBL) documents the analysis of the proposed action alternative, the noaction alternative, and five other alternatives that were not considered in detail. The project has been open to scoping comments since June 2008 and the second 30-day notice and comment period was completed in March This decision is based on the results and findings of the EA, a review of Appendices and the Project Record, including the Response to Comments. The EA is available for public review at the Land Between The Lakes National Recreation Area (LBL) administrative headquarters in Golden Pond, Kentucky or on the internet at Decision Based on comments from public scoping, input received during the 30-day public comment periods, and the analysis in the Devil s Backbone Area, it is my decision to amend the Area Plan and to implement Alternative 2 Proposed Action, using the associated design criteria of the LBL Land and Resource Management Plan (Area Plan) and those depicted in Chapter 2 of the EA. In summary, this decision authorizes the following in the 3,402 acre project area (See Map below): Plan Amendment Amend the 2004 LRMP Prescription Areas to change the size of the Devils Backbone State Natural Area (SNA) from 160 acres to 1,380 acres, as described in the June 2008 cooperative agreement with the State of Tennessee. Amend objective 5f, under Goal 5 of the Area Plan (p. 53): Currently Goal 5, OBJ5f states: Create and maintain at least 250 acres of shortleaf pine forest by developing desired mature open forest and woodland structural conditions over the first decade with a long-term objective of 450 total acres of shortleaf pine forest. The Amended Goal 5, OBJ5f, will be: Create and maintain a sustained supply of at least 600 acres of combined shortleaf pine and shortleaf pine-oak forest in the vicinity of the Devil s Backbone Area of LBL over the first decade. In addition, provide up to 1,000 acres of combined shortleaf pine or shortleaf pine-oak regenerating forest conditions throughout LBL over the first decade, with a long-term objective (over 50 years) of 1,600 acres of mature shortleaf pine and shortleaf pine-oak forest throughout LBL. 2

3 Prescribed Fire Implement a combination of dormant and growing season prescribed fires over 3,377 acres within the project area multiple times until project goals are met. Shortleaf Pine-Oak Woodland Restoration and Regeneration Develop a combination of shortleaf pine and shortleaf pine-oak regenerating forest conditions through regeneration harvesting on approximately 250 acres of currently closed canopy upland oak-shortleaf pine forest types. Develop mature shortleaf pine, shortleaf pine-oak woodland, and open forest conditions through intermediate thinning on approximately 450 acres. Develop open mature shortleaf pine-oak forest conditions through intermediate cut-and-leave thinning on approximately 500 acres. Herbicide Treatment of Non-native Invasive Species Reduce existing non-native invasive plant species (NNIS) numbers within the project boundary and along the roads and trails enclosed by the project area, using an integrated pest management method (for example, prescribed fire, mechanical removal such as mowing, and herbicide applications together on the same site). Apply herbicides (imazapyr, glyphosate, triclopyr, metsulfuron methyl, and imazapic), including surfactants and dyes, for three specific goals; shortleaf pine regeneration site preparation, improvement of shortleaf pine-oak woodland conditions, and overall NNIS control on up to 500 acres per year in the project area. Herbicide use would be concentrated on areas where timber treatments are done, along roads and trails, and around the edges of open lands, where NNIS are most likely to occur. Infrastructure Create three trail re-routes within the project area (two associated with Artillery Trail (0.7 mile) and one on Telegraph Trail (0.1 mile) in order to improve trail sustainability and decrease resource degradation. Decommission approximately 0.2 miles on Telegraph Trail and 0.3 miles on Artillery Trail after the re-routes are finished. Decommission the Shortleaf Trail (1.75 miles) in order to eliminate a parallel trail to both Devil s Backbone and Artillery Trail systems. The decommissioned trail would remain open for administrative use related to shortleaf pine restoration but not maintained to Forest Service Trail Standards, or remain in the INFRA database as a Forest Service trail. 3

4 Create a trailhead at the intersection of Telegraph Trail and Forest Service Road (FSR) 400 in order to provide users with a safe and designated parking area for greater trail accessibility. Maintain and recondition Forest Service Road 400 according to the Maintenance Prescription Guidelines stated in the Transportation System Maintenance Handbook (FSH ). Maintenance would include grading, ditch work, spot surfacing, replacing the four existing culverts, and installing two new culverts. Remove FSR 399 (0.19 miles) from the road system and keep this currently shared surface as just the Fort Henry-N/S Connector Trail #4 for non-motorized trail use only. Use 4 miles of existing trail and 2 miles of newly constructed temporary roads to access the project area for timber removal across all treatment areas. Up to 2.4 miles of Artillery Trail and Telegraph Trails would be used. The Shortleaf Trail would make up 1.6 miles of the existing trail being utilized as temporary road. Temporary roads would be decommissioned once timber removal is complete. Trails will be closed to the public during timber removal activities. Add approximately 0.39 miles of Maintenance Level 1 roads to the forest system roads and INFRA database for the purpose of accessing the Ft. Henry Trail System and administrative use for shortleaf pine restoration. Administrative Install a metal gate on each of the two field access points adjacent to Stalls and Scarborough Cemeteries. Place these gates behind the cemeteries access points to maintain cemetery access. Maintain a partnership with a local school district to enhance learning opportunities in a science class by providing field trips. For a more complete description of the actions, see the descriptions and map of Alternative 2 below and in Chapter 2 of the EA. Implementation of the actions in this decision will be prioritized by the Area Supervisor based on funding, available workforce, and land capabilities. The Rationale for the Decision 1. When compared to the other alternatives, Alternative 2 will meet the purpose and need for this project as described in the EA. 2. An administrative precursor of this project was to update and revise the cooperative agreement with the State of Tennessee in recognizing the 1,380- acre Devil s Backbone State Natural Area (SNA) in June The plan amendment captures the change in the State Natural Area size on the 2004 LRMP Prescription Areas South map. 4

5 3. The increase in acres in the Objective 5f amendment was disclosed in the Area Plan FEIS vegetation community type analysis. The amendment would increase the number of acres managed for shortleaf pine regeneration, thereby shifting indicator levels and ratings into the very good category for mature shortleaf pine within 50 years and to the fair category for mature shortleaf pine within 10 years. 4. Alternative 2 best ensures restoration of shortleaf pine oak woodland and desired forest attributes to support diverse wildlife species and to provide dispersed recreation and environmental education in the Devil s Backbone area of LBL. 5. Alternative 2 is compatible with the environment and public safety, and is considerate of the impacts on surrounding communities. 6. Public concerns and comments were used to analyze and compare alternatives (EA Chapters 1 & 2). The comment response documents in the project record address all of the comments received. Some comments were supportive of shortleaf pine restoration or suggested specific ways for the restoration. Several comments from the public identified consequences to the natural resources if the proposed action were selected and the effects are disclosed in Chapter 3 of the EA. Specifically comments were related to timber harvests, prescribed fire, roads, herbicides, hunting, impacts to soils and water, wildlife management, invasive species, heritage resources, and ecological services. The comments about effects of timber harvest, fire, and herbicide use in a Core Area and state natural area are addressed in the EA (pages 2, 4, 5, 11, 14, 16-17, 22, 31, 40, and 80) and the Area Plan (pages 31, 47, 60-62, 64, 76-80). The comments supporting no management or less management in the project area are addressed in the EA in the No Action Alternative (Chapters 2 and 3) and the Alternatives Considered But Not Analyzed in Detail (Chapter 2). 7. Alternative 2 is considerate of the best available science, as described in Chapter 3 of the EA and the related documents for this project. 8. Environmental documents used in the making of this decision include the Area Plan, Area Plan Final Environmental Impact Statement, and Record of Decision, as well as the EA and related documents for this project. Other Alternatives Considered: Seven alternatives (including the No-Action alternative) were considered for this project. Five of those alternatives were not analyzed in detail because they did not meet the purpose and need for shortleaf pine restoration and non-native invasive species control. Specific reasons for each alternative not analyzed in detail are documented in Chapter 2 of the EA. The two alternatives that were considered in detail are described below: Alternative 1 - No Action The proposed management actions would not be implemented. Current management activities in the area would be continued. Management actions already approved under other environmental documents would continue to be implemented. This alternative was not selected because it does not meet the purpose and need. 5

6 Alternative 2 - The Proposed Action Alternative 2 was selected because it will implement the Area Plan and encourage a diverse range of age classes, densities, and structure types associated with the shortleaf pine forest in the 3,402-acre Devil s Backbone project area. The following management actions were proposed: The Forest Service proposed to amend the 2004 LRMP Prescription Areas South map to change the size of the Devils Backbone State Natural Area from 160 acres to 1,380 acres, as described in the June 2008 cooperative agreement with the State of Tennessee. (Map 1 on page 7 of the EA) The Forest Service proposed to amend objective 5f, under Goal 5 of the Area Plan (p. 53): Currently Goal 5, OBJ5f states: Create and maintain at least 250 acres of shortleaf pine forest by developing desired mature open forest and woodland structural conditions over the first decade with a long-term objective of 450 total acres of shortleaf pine forest. Proposed Amendment of Goal 5, OBJ5f: Create and maintain a sustained supply of at least 600 acres of combined shortleaf pine and shortleaf pine-oak forest in the vicinity of the Devil s Backbone Area of LBL over the first decade. In addition, provide up to 1,000 acres of combined shortleaf pine or shortleaf pine-oak regenerating forest conditions throughout LBL over the first decade, with a long-term objective (over 50 years) of 1,600 acres of mature shortleaf pine and shortleaf pine-oak forest throughout LBL. Prescribed Fire Implement a combination of dormant and growing season prescribed fires over 3,377 acres (Map 2 on page 9 of the EA) within the project area multiple times, as dictated by ground conditions and until project goals are met. Existing trails and roads would be used as fire lines. 1 Shortleaf Pine-Oak Woodland Restoration and Regeneration Develop a combination of shortleaf pine and shortleaf pine-oak regenerating forest conditions through regeneration harvesting on approximately 250 acres of currently closed canopy upland oak-shortleaf pine forest types (Map 2 and Figure 1.3 on pages 8-9 of the EA). Develop mature shortleaf pine, shortleaf pine-oak woodland, and open forest conditions through intermediate thinning on approximately 450 acres (Map 2 on page 9 of the EA). 1 Note: The prescribed burn area is bounded by existing trails and roads; it is 25 acres smaller than the project boundary because there are areas within the project that are outside what can be bounded by trails and roads. 6

7 Develop open mature shortleaf pine-oak forest conditions through intermediate cut-and-leave thinning on approximately 500 acres (Map 2 on page 9 of the EA). Hardwood tree species from all canopy levels would be cut in order to create the necessary spacing; the majority of trees cut reside in the lower canopy levels. Herbicide Treatment of Non-native Invasive Species Reduce existing non-native invasive plant species (NNIS) numbers within the project boundary and along the roads and trails enclosed by the project area, using an integrated pest management method (for example, prescribed fire, mechanical removal such as mowing, and herbicide applications together on the same site). Apply herbicides (imazapyr, glyphosate, triclopyr, metsulfuron methyl, and imazapic) for three specific goals: shortleaf pine regeneration site preparation, improvement of shortleaf pine-oak woodland conditions, and overall NNIS control on up to 500 acres per year in the project area. The goal in the site preparation application would be to reduce the number of competing plant species, including NNIS, so that shortleaf pines have a competitive advantage in the regeneration and establishment phases. To improve woodland conditions herbicide treatments would focus on enhancing herbaceous forest floor growth by targeting woody vegetation and NNIS. Herbicide use would be concentrated on areas where timber treatments are done, along roads and trails, and around the edges of open lands, where NNIS are most likely to occur. Three herbicide application methods would be used: the stem injection or what is sometimes referred to as the hack and squirt method using imazapyr, triclopyr, imazapic, or glyphosate; treating the stumps of newly cut trees using imazapyr, imazapic, or glyphosate; and ground-based foliar spraying of imazapyr, glyphosate, triclopyr, metsulfuron methyl, or imazapic. Surfactants and dyes are proposed for use in herbicide applications, as needed, in the project area and were analyzed along with the five proposed herbicides in the EA. Infrastructure Create three trail re-routes within the project area (two associated with Artillery Trail (0.7 mile) and one on Telegraph Trail (0.1 mile) in order to improve trail sustainability and decrease resource degradation (Map 3 on page 10 of the EA). As part of this proposed action approximately 0.5 miles (0.2 miles on Telegraph Trail and 0.3 miles on Artillery Trail) of trail would no longer be needed and decommissioned after the re-routes were finished. Decommission the Shortleaf Trail (1.75 miles) in order to eliminate a parallel trail to both Devil s Backbone and Artillery Trail systems which also would reduce maintenance costs associated with the Fort Henry Trail System (Map 3 on page 10 of the EA). Multiple loop trail opportunities within the Fort Henry trail system would still exist. The decommissioned trail would remain open for administrative use related to shortleaf pine restoration but not maintained to Forest Service Trail Standards, or remain in the INFRA database as a Forest Service trail. Examples 7

8 of administrative use include access for equipment needed for silvicultural activities such as planting or herbicide use and to serve as a fire break for prescribe burning operations. Create a trailhead at the intersection of Telegraph Trail and Forest Service Road (FSR) 400 in order to provide users with a safe and designated parking area for greater trail accessibility. This would also enable environmental education opportunities about shortleaf pine ecosystems and non-native invasive species concerns to be displayed to visitors using the trail system (Map 3 on page 10 of the EA). Maintain and recondition Forest Service Road 400 according to the Maintenance Prescription Guidelines stated in the Transportation System Maintenance Handbook (FSH ). Maintenance would include grading, ditch work, spot surfacing, replacing the four existing culverts, and installing two new culverts for a total of six culvert installations (Map 3 on page 10 of the EA). Remove FSR 399 (0.19 miles) from the road system and keep this currently shared surface as just the Fort Henry-N/S Connector Trail #4 for non-motorized trail use only (Map 3 on page 10 of the EA). Use 4 miles of existing trail and 2 miles of newly constructed temporary roads to access the project area for timber removal across all treatment areas. The Shortleaf Trail would make up 1.6 miles of the existing trail being utilized as temporary road (Map 3 on page 10 of the EA). Temporary roads would be decommissioned once timber removal is complete. Sections of the existing trails would need widening to provide adequate safety and access for timber removal. Trails will be closed to the public during timber removal activities. Construction and use of temporary roads would follow Tennessee Best Management Practices. Add approximately 0.39 miles of Maintenance Level 1 roads to the forest system roads and INFRA database for the purpose of accessing the Ft. Henry Trail System and administrative use related to shortleaf pine restoration. Administrative Install a metal gate on each of the two field access points adjacent to Stalls and Scarborough Cemeteries (Map 3 on page 10 of the EA). In order to ensure proper cemetery access is maintained these gates will be placed well behind the cemeteries access points. Maintain a partnership with a local school district to enhance learning opportunities in a science class by providing field trips. Students would study and compare forest management actions and results by establishing study plots located in the project area. For a more complete description of the proposed actions, see the descriptions in Chapter 2 of the EA. 8

9 Public Involvement The Interdisciplinary Team (IDT) of resource specialists conducted scoping. Scoping is the process used to determine the issues and alternatives addressed in the EA, and to identify significant issues related to the proposed action. The IDT used legal notices, mailings, the LBL website, internal contacts, user group meetings, and contacts with other agencies to solicit comment and participation in the analysis, ensure opportunities for public involvement and to inform the responsible official of the issues. The key steps included: 1. The proposal was listed in Land Between The Lakes Schedule of Proposed Actions beginning in July This list is distributed to numerous individuals and organizations. 2. Beginning July 2008, project information was available on the internet at the following website: 3. Scoping: The proposal for the Devil s Backbone Project was first listed in the Schedule of Proposed Actions for the period of July 1, 2008 to September 30, The proposal was published in the Paducah Sun and provided to the public and other agencies for comment during two separate scoping periods: June 21, 2008 and October 21, The June 21 scoping letter resulted in 61 comments via . Out of those 61 responses, 58 arrived as identical form letters. We received 78 comments in response to the scoping letter dated October 21. These comments included 76 identical form letters. We also attempted to contact each scoping responder that submitted a unique comment via and telephone to discuss their responses to the scoping letters. A summary of the scoping comments and responses can be found in the project record. 4. Notice and Comment: In compliance with 36 CFR 215, a description of the proposed action was made available for 30-day notice and comment periods via legal notices published in the Paducah Sun. The first notice was published in the Paducah Sun on January 21, 2009 and the second published February 28, The notice for comment and detailed proposal were ed to 81 persons each time. Between January 23 and April 9, 2009, LBL received 72 ed comments; 25 of these were submitted during the 30-day notice and comment period which began on January 21, Of these, all but two were identical or nearly identical form letters from individuals. The second notice and comment period was conducted for this project because the size of the prescribed burn was increased since the first notice and comment period. Between February 28 and March 30, 2011, LBL received 3 response letters on the Devil s Backbone project. Two of these responses were identical letters from the same organization. Out of the three response letters 15 concerns were identified. Comments received were discussed with the IDT and considered in the EA. The comments received from the public were used to consider additional alternatives not analyzed in detail. The comment summaries, including Forest Service responses, are located in the project record. 9

10 5. Although not required, scoping notices were published in The Stewart Houston Times and the Nashville Tennessean on October 28, 2008 because the project is at the southern end of LBL and most people south of LBL receive one of these papers. A notice of the 30-day notice and comment period was published in the Stewart Houston Times on March 8, 2011 because the project is in Stewart County. As part of the public involvement process, the agency posted project updates on the website. 6. In March of 2007 Forest Service staff met with members from the state of Tennessee s Department of Environment and Conservation. The purpose of the meeting and field trip was to discuss how the two agencies could work together in managing the two State Natural Areas (The Devil s Backbone and The Slopes of Bear Creek) found on LBL. 7. In addition to reviewing each of the comments received from the public, the IDT and the responsible official had many field visits and discussions about the proposed action and alternatives. Alternative 2 and the EA are an outcome of those discussions. 8. Consideration of public comment is not intended to be a vote-counting process in which the outcome is determined by majority opinion; however, relative depth of feeling and interest among the public served to provide a general context for decision-making. 10

11 FONSI Finding Of No Significant Impact After considering the environmental effects described in the EA, I have determined that the Plan Amendment and other actions will not have a significant effect on the quality of the human environment considering the context and intensity of impacts (40 CFR ). Thus, an environmental impact statement is not needed. I base my finding on the following: 1. My finding of no significant environmental effects is not biased by the beneficial effects of the action. All practical means to avoid or minimize environmental harm have been adopted. 2. There will be no significant effects on the environment, public health, or safety. (See EA, Chapter 3 and Appendix C, pages 22-36, 40-48, 50-51, 51-54, 59-64, 66-68, 72, 78-79, 81-84, 86-89, 89-90, , ) 3. There will be no significant effects on unique characteristics of the area. The proposed actions are consistent with the Area Plan desired conditions and the Cooperative Agreement with the State of Tennessee for managing the Shortleaf Pine State Natural Area. Without active management (or multiple natural disturbances timed appropriately) in the Devil s Backbone area to regenerate shortleaf pine, this community type would become even rarer at LBL. (See EA, Chapter 1 and 3, pages 1-5, ) 4. The effects on the quality of the human environment are not likely to be highly controversial. Forest Service policy, BMP s and other best practices are based on experience, scientific literature and/or research. All have been implemented in the past with expected results. (See the EA Chapter 3 and Appendix C, pages 22-36, 40-48, 50-51, 51-54, 59-64, 66-68, 72, 78-79, 81-84, 86-89, 89-90, , ) 5. We have considerable experience with the types of activities to be implemented. The effects analysis shows the effects are not uncertain, and do not involve unique or unknown risk. (See the EA, Chapter 3 and Appendix C, pages 22-36, 40-48, 50-51, 51-54, 59-63, 65-67, 71, 77-78, 80-83, 85-88, 88-89, 95-99, ) 6. The action is not likely to establish a precedent for future actions with significant effects because the project is implementing the 2004 Area Plan. 7. This action will not result in cumulative adverse impacts when considered in combination with other past or reasonably forseeable actions. (See the EA, Chapter 3 and Appendix C, pages 31-36, 38-45, 47-51, 51-54, 64, 67-68, 72, 79, 83-84, 87-89, ) 8. In consultation with the Tennessee SHPO, LBL completed the Section 106 process (36CFR800) of the National Historic Preservation Act of 1966, as amended and determined that there will be no adverse effect to any historic 11

12 properties from the activities proposed within the Devil s Backbone EA as long as the conditions outlined in Appendix A and B of the EA are carried out. In addition, the United Keetoowah Band of Cherokee Indians in Oklahoma Historic Preservation Office has no objection to the project. The action will have no significant adverse effect on districts, sites, highways, structures, or objects listed in, or eligible for listing in the National Register of Historic Places. The action will not cause loss or destruction of signficant scientific, cultural or historical resources. (See EA Chapter 2 page 11, Chapter 3 pages 72-79, EA Appendix A and B: Cultural Resources Section 106 Compliance Conditions pages 91-96, and notes to file in the project record.) 9. The action will not significantly affect any endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act of Terms and Conditions of the 2010 US Fish and Wildlife Service s Biological Opinion for Wildfire and Forest Vegetation Management Program (FWS 2009-B-0084, with exceptions noted in the Devil s Backbone Biological Assessment and consulted on with the US Fish and Wildlife Service) would be followed. The Biological Opinion and Biological Assessment resulted in a determination of no affect on the interior least tern, not likely to adversely affect the gray bat and the Indiana bat. Actions related to traii work will have no effect on Price s potato bean. Actions in this project other than trail work are not likely to adversely affect Price s potato bean. In order to account for adverse effects, LBL will use up to 350 acres of an annual 2,200 acres of incidental take for Indiana bats associated with forest vegetation management and approximately 1,000 acres of an annual 27,000 acres of prescribed burning and/or wildland fire use. The use of Imazapyr herbicide was listed as an activity in the BA as a forest vegetation management activity and in the BO incidental take was anticipated on 100 acres for only the Indiana bat. (See the Terms and Conditions of the 2010 US Fish and Wildlife Service s Biological Opinion for Wildfire and Forest Vegetation Management Program (FWS 2009-B-0084, with exceptions noted in the Devil s Backbone Biological Assessment consultation with the US Fish and Wildlife Service (FWS 2011-B-0457) and Chapter 3 of the EA, pages ) Determinations for Regional Forester s Sensitive species were no effect, beneficial impact, or may impact individuals but not likely to cause a trend to federal listing or a loss of viability. (See the Biological Evaluation for the Devil s Backbone Project and Chapter 3 of the EA, pages ) 10. The action will not violate Federal, State, and local laws or requirements imposed for the protection of the environment. Carrying out the proposed action in a way that is consistent with the LBL Area Plan will ensure this. (See Chapter 2 of the EA, pages ) 12

13 Project Design Criteria Design Criteria, many of which pertain specifically to potential impacts of activities in this decision, are hereby incorporated by reference from Chapter 3 of the Area Plan. The project level design criteria identified in Chapter 2 of the EA, pages 11-12, are part of this decision. Findings The decision to select Alternative 2 is consistent with the LBL Protection Act of 1998, the designation of LBL as a National Recreation Area, and is consistent with FS national policy for vegetation, wildlife habitat management, recreation and environmental education. The selected alternative is also consistent with the vision to enrich, maintain, and increase the occurrence of the shortleaf pine community, a native pine community, found on LBL as described in the Area Plan and the accompanying Final Environmental Impact Statement (FEIS) dated December of 2004, utilizing the strategies and design criteria as listed therein. The best available science has been considered. The project record demonstrates a thorough review of relevant scientific information, consideration of responsible opposing views, and, where appropriate, the acknowledgment of incomplete or unavailable information, scientific uncertainty, and risk. National Forest Management Act Findings According to 36 CFR (b) (Federal Register, April 9, 2012), for plan amendments that were initiated before May 9, 2012, the responsible official may complete the plan amendment in conformance with the provisions of the prior regulation, including its transition provisions. I have elected to complete this amendment following the 1982 planning regulations. After reviewing the Environmental Assessment that includes Amendment # 1 to the Area Plan, I have determined that the decision to implement this amendment will not result in a significant change to the Area Plan. This determination was made after consulting 16 U.S.C. 1604(f)(4), 36 CFR (f) (1982 regulations), Forest Service Manual Changes to the Land Management Plan that are Not Significant and FSM Changes to the Land Management Plan that are Significant. Based on these planning requirements, I have determined that: This amendment will not significantly alter the long-term relationship between levels of multiple-use goals and objectives originally projected by the Area Plan; nor will it prevent the opportunity to achieve those goals and objectives in later years. This amendment will not affect the entire land management plan, nor will it affect a large portion of the planning area during the planning period. I also find that the actions proposed in the selected alternative will be consistent with the Area Plan for Land Between The Lakes, as amended. 13

14 Appeal Opportunities This Decision Notice encompasses two related, but separate decisions. One is the decision to amend the Area Plan for Land Between The Lakes, and the other is to approve the proposed project-level actions described in Alternative 2. These two decisions are subject to separate appeal procedures. Appeal of the Decision to Approve the Project-Level Actions Needed to Implement Alternative 2 This decision is subject to appeal pursuant to 36 CFR A written appeal, including attachments must be postmarked or received within 45 days after the date the legal notice of this decision is published in the Paducah Sun newspaper, Paducah, Kentucky. The publication date of this legal notice is the exclusive means for calculating the time to file an appeal and those wishing to appeal should not rely upon dates or timeframe information provided by any other source. Appeals must meet the content requirements of 36 CFR Individuals or organizations that submitted comments or otherwise expressed an interest during the 30-day comment period may appeal. The environmental assessment project file is available for public review at the Land Between The Lakes NRA administrative headquarters at Golden Pond, Kentucky. Appeal of Plan Amendment Decision For plan amendments conducted under the 1982 planning regulations and initiated before May 9, 2012, the responsible official can elect to use either the Optional Appeal Procedures Available during the Planning Rule Transition Period (the former 36 CFR 217 appeal procedures that were in effect prior to November 9, 2000) or the Objection procedures of 36 CFR 219 Subpart B from the 2012 planning rule (see 36 CFR (b)(3) [Federal Register, April 9, 2012]). For this decision, I have decided to use the Optional Appeal Procedures Available during the Planning Rule Transition Period. These procedures are available at A written appeal must be filed in duplicate, clearly state that it is a Notice of Appeal pursuant to the Optional Appeal Procedures, and it must meet the content requirements of Section 9 of the Optional Appeal Procedures. Appeals must be postmarked or received within 45 days after the date the legal notice of this decision is published in the newspaper of record. 14

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17 Attachment 1 Land Between The Lakes National Recreation Area Land and Resource Management Plan Amendment # 1 September 2013 Part 1 of this amendment increases the acres by 1,150 acres of shortleaf pine and shortleaf pineoak forest in Goal 5, Objective 5f of the Area Plan. The benchmark for these forest types would improve to an optimum rating as analyzed in the Area Plan FEIS. The following changes will be made to the Land and Resource Management Plan, Land Between The Lakes National Recreation Area: Page 53. Change OBJ5f to Create and maintain a sustained supply of at least 600 acres of combined shortleaf pine and shortleaf pine-oak forest in the vicinity of the Devil s Backbone Area of LBL over the first decade. In addition, provide up to 1,000 acres of combined shortleaf pine or shortleaf pine-oak regenerating forest conditions throughout LBL over the first decade, with a long-term objective (over 50 years) of 1,600 acres of mature shortleaf pine and shortleaf pine-oak forest throughout LBL. Page 53. Change the graph to: Objectives for Shortleaf Pine Forest and Canebrake Acres Year Shortleaf Pine Canebrake Part 2 of this amendment changes the boundary of the Devils Backbone State Natural Area (SNA) from 160 acres to 1,386 acres. The map for Prescription Areas South in Appendix 7 of the Area Plan will be changed to incorporate this decision. See the map at the end of this Attachment for the change in the boundary. 17

18 This amendment is not a significant change in the Land Between The Lakes Area Plan. The determination that this is a non-significant amendment is made in accordance with the regulations in 16 USC 1604(f)(4), 36 CFR (f) of the 1982 planning regulations (as authorized by 36 CFR (b) of the current planning regulations, dated April 9, 2012), and Forest Service Manual , Land Management Planning, Amendments. This plan amendment meets the criteria for a non-significant amendment because these changes will not significantly alter the long-term relationship between levels of multiple-use goals and objectives originally projected... [or] have an important effect on the entire forest plan or affect resources throughout a large portion of the planning area during the planning period (FSM ). The NEPA analysis for this change is documented in a Decision Notice and Environmental Assessment. 18