DECISION MEMO. Fall Creek Trail Reroute

Transcription

1 DECISION MEMO Fall Creek Trail Reroute USDA Forest Service Willamette National Forest Middle Fork Ranger District Lane County, OR Township 18S, Range 3E, Section 21, Willamette Meridian DECISION It is my decision to reroute a section of the existing Fall Creek National Recreation Trail (FCNRT) on National Forest (NF) lands. The existing segment was irreparably damaged by the failure of unstable soil along a 120 percent side slope. The proposed reroute is approximately three fourths of a mile in length, and relocates the trail higher along the slope and away from the unstable area. This action will increase recreational user safety. The reroute will cause no change in the recreation uses that currently exist on the FCNRT. The predominant use is hiking, with mountian biking occurring less frequently. Trail use patterns are not expected to change, but informal monitoring will be used to track user conflicts to verify this assumption. BACKGROUND AND PROPOSAL This project is located on the south side of Fall Creek, along the south end of Section 21. The closest landmarks are the junction of Forest Roads 18 and 1832 to the west, and Marine Creek to the east. The proposed trail is flagged in orange. All new construction on the trail will be performed by United States Forest Service (USFS) trail crews, volunteers, and other trail work partners using hand tools and a power carrier. The new section will be constructed to Trail Class 3 standards. During the construction, up to 20 trees will be cut and cleared from the trail corridor. No trees larger than 11 inches are anticipated to be removed. The reroute will pass along the uphill side of large trees to avoid root cutting. The fewest number of trees will be removed for this project by the trails manager working closely with the District Wildlife Biologists. RESOURCE SURVEYS AND FINDINGS The following section summarizes the evaluation results for each of the resource departments that reviewed this project for potential effects. Heritage The proposed reroute has been reviewed in accordance with 36 CFR Part 800, the National Historic Preservation Act, the National Environmental Policy Act, Executive Order 11593, the 2004 Programmatic Agreement (PA between the Advisory Council on Historic Preservation (ACHP), Oregon State Historic Preservation Office (SHPO) and USDA Forest Service, Pacific Northwest Region 6, as well as other pertinent Federal and State laws. The details of the heritage review are discussed in Letter R Page 1

2 There are no previously-recorded archaeological or historic resources within the project area of potential effect (APE), nor are there any new heritage sites or isolates discovered as a result of a field pre-inspection. The District Archaeologist has determined that the proposed reroute has little potential to affect heritage resources, and the project is excluded from Standard 106 review under Stipulation III(A)2, Appendix B(13) of the 2004 Pacific Northwest Region PA, and may be implemented as currently planned without any further consultation or review. Botany On August 27 th, 2013, the District Botanist surveyed the proposed reroute for all botanical species listed in the Region 6 Regional Forester s Federally Listed or Proposed, and Sensitive Species Lists (2011), and the 2001 Survey and Manage Record of Decision. No sites of rare botanical species were found; therefore, no direct, indirect, or cumulative effects will occur to sensitive plants, bryophytes, or lichens. All species with potential habitat in the project area were given a No Impact (NI) rating. Sensitive fungi species in the project area were not surveyed during the field visit; therefore, there is a small potential for direct effects. All sensitive fungi species were given a, May impact individuals or their habitat, but the action will not likely contribute to loss of viability to the population or species, or a trend towards Federal Listing (MIIH). The District Botanist concluded that the scope of the project is small in scale, and no mechanized equipment will be used, so the chances of disturbing even single fungi sites are small. Wildlife The Assistant District Wildlife Biologist prepared the Terrestrial Fauna Biologcial Analysis/Evaluation on August 19, Details are located in the project files; a summary is provided below. The following addresses potential effects to terrestrial wildlife from implementation of the trail reroute. Species evaluated include TES fauna listed in the Region 6 Regional Forester s Federally Listed or Proposed, and Sensitive Species Lists (2011) with documented or suspected occurrences on the WNF. This evaluation, required by the Interagency Cooperative Regulations (Federal Register, January 4, 1978), ensures compliance with the provisions of the Endangered Species Act (ESA) of 1973, P.L (87 Stat. 884), as amended. There are no effects to northern spotted owls, nor to their critical habitat. There are no impacts to sensitive species that will result from this project. Page 2

3 Regional Forester s Federally Listed and Sensitive Species Lists (2011) The following species for which the activities associated with this action, May impact individuals or their habitat, but the action will not likely contribute to loss of viability to the population or species, or a trend towards Federal Listing (MIIH). Fisher Fringed Myotis Townsend s Big-eared Bat Due to the relatively low biological risk associated with this project, there is no requirement to assess Management Indicator Species or complete a full Wildlife Report. Consultation This project may remove up to 20 trees larger than 11 DBH (Individual Tree Removal), resulting in a May Affect, Not Likely to Adversely Affect (NLAA) to suitable and critical habitat, thus consultation with the U.S. Fish and Wildlife Service is required. Consultation for individual tree removal has been submitted under the FY2014 NLAA Biological Assessment with expected LOC Oct Project implementation is projected to occur in Consultation is not required for any other species listed in this document. Summary of Design Criteria/Mitigations Do not cut any trees with nesting structures present (i.e. stick nests or cavities) without prior approval of Wildlife Biologist. All trees felled during trail constructions will be left on-site to provide down wood habitat. Management Direction Compliance Proposed actions associated with this project comply with current Forest-wide (FW) and Management Area (MA) Standards and Guidelines (S&Gs) pertaining to wildlife management. This proposal also complies with other S&Gs established for affected allocations in the WNF Land and Resource Management Plan (1990) as amended by the Northwest Forest Plan Records of Decision (ROD) (1994 and 2001). Page 3

4 Survey and Manage Compliance Projects that are within the range of the northern spotted owl are subject to the survey and management standards and guidelines in the 2001 Northwest Forest Plan Record of Decision (aka ROD) (USDA Forest Service and USDI Bureau of Land Management, 2001). This project was evaluated for WNF specific Survey and Manage species which are part of the 2001 ROD (Table 1). The list includes those vertebrate and invertebrate species with pre-disturbance survey requirements (Category A, B, or C species), who s known or suspected range includes the WNF according to: Survey Protocol for the Great Gray Owl within the Range of the Northwest Forest Plan Version 3.0 (2004). Survey Protocol for the Red Tree Vole Arborimus longicaudus of the Northwest Forest Plan Version 3.0 (2012). Survey Protocol for Survey and Manage Terrestrial Mollusk Species from the Northwest Forest Plan Version 3.0 (2003). Table 1. Survey and Manage species relevant to the Project Area. Species S&M Category Within Range of the Species? Survey Triggers Project Area Contains Suitable habitat? Project May Negatively Affect Species Habitat? Surveys Required? Survey Results Survey Date (mo/year) Sites Known or Found? Site Management Vertebrates Great Gray Owl (Strix nebulosa) Red Tree Vole (Arborimus longicaudus) Mollusks Evening Fieldslug (Deroceras hesperium) Crater Lake Tightcoil (Pristiloma arcticum crateris) N/A = Not Applicable C Yes No N/A No N/A 0 No C Yes Yes No No N/A 0 No B Yes No N/A No N/A 0 No A Yes No N/A No N/A 0 No There are no known sites for Megomphix hemphilli (Oregon megomphix) within the project area that would require management under the 2001 ROD requirements. As displayed in Table 1, there are no Survey and Manage pre-disturbance surveys required for this project. Nor are there any known sites with management requirements. Page 4

5 Fisheries Fisheries consultation with the U.S. Fish and Wildlife Service and National Marine Fisheries Service is covered under the Endangered Species Act Section 7 Programmatic Biological Opinion for Aquatic Restoration Activities in the states of Oregon, Washington, and portions of California, Idaho, and Nevada (aka: Aquatic Restoration Programmatic Biological Opinion (ARBO II) The proposed reroute will have no negative effects to fisheries resources, is consistent with ARBO II project design criteria and no further fisheries consultation is required. Watershed and Soils The following summarizes the District Hydrologist s effects analysis of the proposed reroute. Details are recorded in the Soils and Hydrology Specialist Report of 11/21/2013 in the project files. Direct and Indirect Effects Water Quality There are no detrimental effects to stream temperature as the number of trees needed to be removed for trail construction will not measurably reduce the percent canopy cover within the primary shade zone of Fall Creek. Surface and sub-surface erosion potential is severe and high. During trail construction, and for one/two years post-construction, there would be a temporary increase in localized erosion. This will decrease as vegetation becomes established on trail cut/fill slopes. Erosion will remain localized due to rapid infiltration rates, and the well-to-excessive drained nature of these soils. Natural slope stability will be unchanged and remain stable. Fall Creek, a Class 1 fish-bearing stream, is approximately 75 feet from the nearest trail location. Potential sediment delivery to the creek could be minimized with the implementation of Best Management Practices (BMPs). REASONS FOR CATEGORICALLY EXCLUDING THE PROPOSED ACTION Forest Service Handbook Environmental Policy and Procedures, Section Categories for which a Project or Case File and Decision Memo are Required applies to this proposed project. Section 32.2(1), also cited as 36 CFR 220.6(e)(1) construction and reconstruction of trails as a documented Categorical Exclusion. Additionally, no extraordinary circumstances have been identified during internal scoping with District s Interdisciplinary Team members. There are no adverse effects to any federally-listed threatened or endangered species or their designated critical habitat, species proposed for federal listing or proposed critical habitat, or Forest Service sensitive species. This project does not affect flood plains wetlands, or municipal watersheds. This project is not within Congressionally designated areas such as Wilderness, Wilderness study areas, Research Natural Areas or National Recreation Areas and will not affect Inventoried Roadless Areas or Potential Wilderness Areas. This project will not adversely affect known American Indian and Alaska Native religious or cultural sites, or any known archeaological sites or historic properties or areas. Therefore, this project may be categorically excluded from documentation in an environmental impact statement or an environmental assessment. Page 5

6 SCOPING AND PUBLIC INVOLVEMENT An internal scoping review identified routine survey needs by wildlife, botanical, watershed and soils and heritage resource staff to conduct field surveys and complete reports of their findings and required consultation. District fisheries, engineering staff and silviculturists expressed no concerns over this proposal, and therefore did not need to conduct field surveys or complete summary reports. This project proposal has been listed in the WNF Schedule of Proposed Activities since October, The scoping period will be concurrent with the 30-day comment period for this project, and will begin when the legal notice appears in The Eugene Register Guard newspaper. FINDINGS REQUIRED BY OTHER LAWS This project is consistent with standards and guidelines and resource objectives contained in the WNF Land and Resource Management Plan, as amended. IMPLEMENTATION DATE This project will be implemented during the Winter/Spring of 2014, weather and soil conditions permitting. ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNITIES: A 30-day comment period is being provided pursuant to the March 19, 2012 judicial ruling in Sequoia Forest Keeper v. Tidwell., order issued by the U. S. District Court for the Eastern District of California in Case Civ. No. CV F LJO DLB. Only persons submitting comments or other expression of interest during the 30-day period will have standing to appeal the project decision pursuant to Forest Service regulations at 36 CFR 215. CONTACT PERSON: For more information, contact: Kevin Rowell, Middle Fork Ranger District, Highway 58, Westfir, OR (541) Deciding Officer: DUANE F. BISHOP District Ranger Date: Page 6

7 FCNRT Reroute Existing Condition Photo 1. Fall Creek National Recreation Trail. Initial 120% slope failure. A second slope failure completely obliterated this section of tread at a later date. Page 7

8 FCNRT Reroute Existing Condition Photo % Slope Failure and Fall Creek before the second slope failure. This photograph shows the steepness hazard to recreational users. Page 8

9 FCNRT Reroute Area Map Lowell 26 miles. Depicts Project Area Page 9

10 FCNRT Reroute Site Map Proposed relocation segment in color. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, or marital or family status. (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 USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC or call (202) (voice and TDD). USDA is an equal opportunity provider and employer. Page 10