I. DECISION A. Project Description B. Purpose

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2 DECISION MEMO North Country Trail Bridge Project USDA Forest Service, Eastern Region, Ottawa National Forest Bergland and Ontonagon Districts Houghton and Ontonagon Counties, Michigan I. DECISION A. Project Description My decision is to authorize the placement of North Country Trail (NCT) bridges where the hiking trail crosses Bush Creek, Boulder Creek, and Silver River (See attached maps). These bridges are for foot traffic only. Project activities Bush Creek crossing: Replace damaged existing bridge with a trail bridge approximately 75 feet long. On both sides of the creek crossing, stabilize and improve the trail surface by adding material and installing culverts to help ease pressure to the bridge and trail during high water events. Use Forest Road 480, an unclassified road, and the NCT to access the crossing site. Boulder Creek crossing: Install a trail bridge approximately 100 feet long. Use unclassified road to access opening on hilltop near crossing site where bridge materials would be staged. Create a temporary access route from staging area to crossing site to allow for the safe movement of equipment and material. This access route would be restored after project work is complete. Silver River crossing: Install a trail bridge, approximately 100 feet long, about 150 feet south of the current NCT crossing where river bank conditions are more suitable for the placement of a bridge. A short segment of the NCT on both sides of the river would be moved to access the new trail bridge. Use Forest Road 2276H and an unclassified road to access the crossing site. Temporarily improve a steep section of the unclassified road to allow for the safe movement of equipment and material. This section would be restored after project work is complete. B. Purpose The North Country Trail (NCT) stretches from North Dakota to New York and is part of the National Scenic Trail System of nationwide scenic, historic, and recreation trails. The NCT is a hiking trail administered by the National Park Service who works in cooperation with Federal, State, and local agencies; as well as private organizations and private landowners who host, develop, or maintain portions of the trail. 1

3 A 108 mile segment of the NCT passes through the Ottawa and is a popular hiking trail for Forest visitors. Along this segment the trail crosses numerous streams that are easy to cross safely on foot but in some locations, especially during periods of high stream flows, this is not the case. Three of these crossings are at Bush Creek, Boulder Creek, and Silver River where there is a need to improve safety by providing trail bridges (Boulder Creek and Silver River) and to replace an existing bridge that is damaged (Bush Creek) for users. Also, the lack of safe trail bridges has caused trail users to avoid these segments of the NCT during periods of high water flow. Therefore, the purpose of this decision is to install trail bridges to improve safety and recreational opportunities for users. II. REASONS FOR CATEGORICAL EXCLUSION Actions may be categorically excluded from documentation in an Environmental Impact Statement or Environmental Assessment when they are within one of the categories identified by the U.S. Department of Agriculture in the Code of Federal Regulations (CFR) at 7 CFR part 1b.3 or in one of the categories at 36 CFR (a) (2), if there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative environmental effect. I have concluded that this project is appropriately categorically excluded from documentation in an Environmental Impact Statement or Environmental Assessment, as it is an activity within a category of exclusion and there are no extraordinary circumstances related to the decision that may result in significant individual or cumulative effects on the quality of the human environment. My conclusion is based on information presented in this document and the entirety of the project record. A. Category of Exclusion The project is within the 36 CFR (e) (1) category of exclusion that allows for construction and reconstruction of trails. B. Relationship to Extraordinary Circumstances Resource conditions were evaluated to determine whether extraordinary circumstances related to the proposed action warranted further analysis and documentation in an Environmental Assessment or an Environmental Impact Statement. The mere presence of one or more of the following extraordinary circumstances does not preclude the use of this category of exclusion (36 CFR 220.6(b) (2)). In review of the analysis performed by Forest Service specialists, and the degree of potential effect on the resource conditions documented below, I have determined the use of this category of exclusion (36 CFR 220.6(e)(1)) for my decision is appropriate. Following is a summary of the findings for each of the resource conditions listed in the 36 CFR (b), which were considered for the presence of extraordinary circumstances. 1. Federally Listed Threatened Or Endangered Species Or Designated Critical Habitat, Species Proposed For Federal Listing Or Proposed Critical Habitat, Or Forest Service Sensitive Species - As required by this Act, potential effects of this decision on listed species have been analyzed and documented in a Biological Assessment (BA, included within the Biological Evaluation, BE) and can be found in the Project Record. It has 2

4 been determined that implementation of this decision will not affect the federally listed species Canada lynx and Kirtland s warbler. On December 19, 2014, the District Court for the District of Columbia vacated the Final Rule issued on December 28, 2011, that designated and delisted a Distinct Population Segment of the Western Gray Wolf (Canis lupus) 76 Fed. Reg 81,666 (Dec. 28, 2011) (Humane Society of the United States v. Jewell, et al Civ. No ). The court ordered that the final rule delisting the gray wolf in the western Great Lakes be vacated and that protection for the gray wolf as a federally endangered species be reinstated in Michigan. Therefore, to ensure compliance with Section 7 of the Endangered Species Act, this project has been reviewed for potential impacts to gray wolf. The Forest Service has determined that implementation of this decision will have no effect on the gray wolf. On October 2, 2013, the USDI Fish and Wildlife Service proposed to list the northern long-eared bat (Myotis septentrionalis) as Endangered under the Endangered Species Act due to the primary threat of White-Nose Syndrome (WNS) (USDI Fish and Wildlife Service 2013). More information about this proposed listing is available at the Federal Register website ( October 2, 2013 edition, pp ). None of the activities in this project would jeopardize this bat species or its habitat. If the USDI Fish and Wildlife Service lists this bat species (decision expected during the spring 2015), the Ottawa would initiate consultation according to the ESA Section 7 Handbook (USDI FWS 1998). There is no indication that implementing this decision will move a proposed listed Threatened or endangered species towards federal listing or increase the present status of federal listing. If any other federally proposed or listed animal or plant species are found at a later date, or if any new information relevant to potential effects of the project on these species become available, then the Section 7 consultation process, as per the Endangered Species Act of 1973, as amended, would be initiated. Regional Foresters Sensitive Species: The BE arrived at a determination of may impact individuals but is not likely to cause a trend to federal listing or loss of viability (MII) for two bat species. Implementing the project may result in short-term direct and indirect impacts to individuals of these species, but overall, the long-term improvements would result in beneficial effects. 2. Floodplains, Wetlands, or Municipal Watersheds Bridge construction activities, including some soil disturbance, would take place in the Bush Creek, Boulder Creek and Silver River floodplains. However, bridges across these streams and floodplains would ultimately improve floodplain characteristics and function by eliminating streambank trampling and site erosion. Floodplain characteristics and function would be protected through project design criteria. There are no floodplains associated with equipment access routes except at the bridge sites. The project would be compliant with Floodplain Executive Order because design criteria would protect floodplains (Appendix A). 3

5 Wetlands: Bridge construction activities would occur within wetlands in riparian areas adjacent to Bush Creek, Boulder Creek and Silver Rivers. The activities would not degrade wetland characteristics or functions since they would be protected through implementation of project design criteria. There are no wetlands associated with equipment access routes except at the bridge sites. The project would be compliant with Wetland Executive Order because design criteria would protect wetlands (Appendix A). Municipal Watersheds: This decision will not affect municipal watersheds since there are none in the project areas. 1. Congressionally Designated Areas This decision does not include activities in Wild and Scenic River (WSR) areas. 2. Inventoried Roadless Areas - No inventoried roadless areas (RARE II, Forest Plan FEIS Vol. II Appendix B) will be in or near the decision area. This decision will not affect inventoried roadless areas. 3. Research Natural Areas - No proposed candidate, candidate, or designated Research Natural Areas will be in the decision area. This decision will not affect proposed candidate, candidate, or designated Research Natural Areas. 4. American Indian and Alaska Native Religious or Cultural Sites - The Federal government has legal responsibilities and treaty obligations to work with federallyrecognized Tribes on a government-to-government basis to protect the Tribes ceded territory rights on lands administered by the Forest Service. Consultation with tribes helps insure that these responsibilities are met. No tribal concerns were identified. 5. Archeological Sites, or Historic Properties or Areas All project areas will be surveyed before implementation. All archaeological and historic sites that are eligible for the National Register of Historic Places (NRHP), or whose NRHP status remains unevaluated will not be disturbed. If previously unrecorded archaeological sites are encountered, the archaeological site will be avoided and the locations reported to the Forest Archaeologist. This project does not lie within the Lac Vieux Desert to L Anse Historic Trail Corridor. No other potential extraordinary circumstances related to the project were identified. III. PUBLIC INVOLVEMENT A scoping letter was sent to 94 interested people and organizations in November The scoping documents were also posted on the Ottawa s internet web page. The following tribal governments have been contacted for their input: Lac Vieux Desert Band of Lake Superior Chippewa; Keweenaw Bay Indian Community; Sokoagon Chippewa Community; St. Croix Chippewa Tribe; Bad River Chippewa Tribe; Lac du Flambeau Chippewa Tribe; Red 4

6 Cliff Chippewa Tribe; Mole Lake Chippewa Tribe; Forest County Potawatomi Community; Bay Mills Indian Community; and Lac Courte Oreilles Band of Lake Superior Chippewa. The following organizations and state and local governments were contacted during the scoping process for their review and comment of the scoping proposals: North Country Trail Peter Wolfe Chapter; Ontonagon County Clerk; Lake States Resource Alliance; and the Great Lakes Indian Fish and Wildlife Commission. IV. FINDINGS REQUIRED BY AND/OR RELATED TO OTHER LAWS AND REGULATIONS My decision complies with all applicable laws and regulations, including: Forest Plan Consistency (National Forest Management Act): This Act requires the development of long-range land and resource management plans (Forest Plans). The Ottawa Forest Plan was approved in March 2006, as required by this Act. The plan provides for guidance for all natural resource management activities on the Forest. The Act requires all projects and activities are consistent with the Forest Plan. The Forest Plan has been reviewed in consideration of this project. This decision is consistent with the standards and guidelines contained in the Forest Plan, specifically for Recreation Management, p.-4 and pp to Archaeological Resources Protection Act: This Act covers the discovery and protection of historic properties (prehistoric and historic) that are excavated or discovered on federal lands. It affords protection of archaeological resources and sites that are on public and Indian lands. This decision complies with this Act. See Section II, Item B7 of this document. Endangered Species Act (ESA): As required by the ESA, a biological evaluation was completed addressing the potential effects to threatened, endangered or sensitive species utilizing the project area. The analysis concluded that the project is not likely to adversely affect any federally listed species. See Section II, Item B1 of this document. Sensitive Species (Forest Service Manual 2670): Manual direction requires analysis of potential impacts to Sensitive species, those species for which the Regional Forester has identified population viability to be a concern. Potential effects of this decision on Sensitive Species have been analyzed by the project s biologists and botanist. For Forest Service Sensitive Species, See Section II, Item B1 of this document. Clean Water Act: The integrity of the project area s water and riparian features will be maintained as the result of application of Forest Plan management direction (Forest Plan, pp. 2-7 to 2-10, 2-26 to 2-27) and Best Management Practices. Wetlands (Executive Order 11990): This decision is compliant with this EO by incorporating Best Management Practices to ensure protection of soil and water resources. See Section II, Item B2 of this document. 5

7 Floodplains (Executive Order 11988): This decision is compliant with this EO by incorporating Best Management Practices to ensure protection of soil and water resources. See Section II, Item B2 of this document. National Historic Preservation Act: Section 106 of the National Historic Preservation Act requires federal agencies to take into account the effect of a project on any district, site, building, structure, or object that is included in, or eligible for inclusion in the National Register of Historic Places. Section 106 of the National Historic Preservation Act also requires federal agencies to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. This decision complies with this Act. See Section II, Item B7 of this document. Native American Graves Protection and Repatriation Act: This Act covers the discovery and protection of Native American human remains and objects that are excavated or discovered in federal lands. It encourages avoidance of archaeological sites that contain burials or portions of sites that contain graves through in situ preservation, but may encompass other actions to preserve these remains and items. This decision complies with this Act. See Section II, Item B6 of this document. National Environmental Policy Act: This Act requires public involvement and consideration of potential environmental effects. The entirety of documentation for this decision supports compliance with this Act. V. IMPLEMENTATION Implementation will occur as funding is available. The trail bridge crossing for Bush Creek will be first priority; Boulder Creek and Silver River crossings second. VI. CONTACT PERSON Further information about this decision can be obtained from Susanne Adams, District Ranger, Ottawa National Forest (Address: 1209 Rockland Road, Ontonagon, Michigan 49953); Phone: ext.14 VIII. SIGNATURE AND DATE Sincerely, /s/ Susanne M. Adams SUSANNE M. ADAMS DATE: 2/27/2015 District Ranger 6

8 The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, sexual orientation, marital status, family status, status as a parent (in education and training programs and activities), because all or part of an individual s income is derived from any public assistance program, or retaliation. (Not all prohibited bases apply to all programs or activities.) If you require this information in alternative format (Braille, large print, audiotape, etc.), contact the USDA s TARGET Center at (202) (Voice or TDD). If you require information about this program, activity, or facility in a language other than English, contact the agency office responsible for the program or activity, or any USDA office. To file a complaint alleging discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C , or call Toll free, (866) (Voice). TDD users can contact USDA through local relay or the Federal relay at (800) (TDD) or (866) (relay voice users). USDA is an equal opportunity provider and employer. 7

9 Appendix A North Country Trail Bridges Design Criteria Botany: 1. The Bush Creek bridge site will receive a plant survey in If any listed plants are found, they will be protected during bridge construction. The Boulder Creek and Silver River sites have already been surveyed. Wildlife: 1. If any active wolf den or rendezvous sites, red-shouldered hawk nest, bald eagle nest, lynx dens, or bats maternal colonies or day roosts are found in the work area, work would immediately cease and Biology staff would be contacted to determine appropriate action. 2. If any active wolf den or rendezvous sites are found in the work area, work will immediately cease and a Forest Service wildlife biologist will be contacted to determine appropriate action. 3. No harvest zone of 300' radius around active red-shouldered or goshawk nest: timing is year-round. Active is defined as the pair is present in current year or immediately previous year. 4. Retain as many trees and snags within the limits of operability and safety. 5. Where practicable, avoid any construction and tree removal during the non-volant (I.e. not capable of flight) period for bats (June 01-July 31), to minimize risks to young bats incapable of flight. Heritage: 1. If any previously unknown heritage resources are discovered, then activity must cease within that area and a Forest Service Archaeologist notified. Riparian Resources: 1. Design bridges to fully span floodplains where possible to allow floodplains to fully function. 2. Use bridge material (i.e. treated lumber) that is safe for aquatic ecosystems. 3. Avoid construction during wet periods to protect vegetation and soil surfaces, thereby minimizing erosion and sedimentation. 4. Seed and mulch disturbed soils upon construction completion to re-establish protective vegetation as quickly as possible in order to reduce erosion and sedimentation risks. 5. On steep slopes, use mulch matting made of jute or other wood fibers staked down on top of seeded soils for additional protection of these sensitive areas to minimize erosion and sedimentation ( North Country Trail Bridge Decision Design Criteria page: 1

10 Soils: 6. Utilize sediment control measures during and after construction such as vegetated compost filter socks (preferred) or fiber rolls in order to minimize sedimentation ( 7. Use temporary crossing structures within equipment access routes where drainage occurs to allow for runoff. 8. Acquire State of Michigan stream crossing permits, which would include water quality protection measures. In locations that do not require a State of Michigan permit, temporary drainage structures (pipe bundles, etc.) may be placed to ensure suitable channel protection. 1. When utilizing mechanized equipment, the season of operation would follow Soil Scientist guidelines for the ELTP being operated on (see Supplemental Soil Guide in Project File). Operation outside of these periods must be agreed to by Forest Service soil personnel. If visible evidence of soil impacts (i.e. rutting) occur during project implementation, mechanical operations would be postponed until ground conditions are able to support operations. 2. Locate staging areas for construction materials on upland areas where slope will direct sediment away from water bodies. 3. As is feasible, topsoil shall be stockpiled and used for restoration of disturbed areas. Slash and other woody material shall be stockpiled and strewn over the restored site after seeding and mulch has been applied in accordance with aquatics design criteria. 4. Temporary access roads will be blocked upon project completion in such a manner as to inhibit all forms of motorized use. The roadbed will be returned to the original landscape shape and all streams and wetland crossing structures and fill soil will be removed. This will allow for normal maximum water flows, including some floodplain area, and normal wetland function. Road restoration activities can include blocking with berms, rocks, stumps, logs and/or transplanted trees, and stabilizing through slash placement. North Country Trail Bridge Decision Design Criteria page: 2

11 Ontonagon Ontonagon River Lake Superior 64 Map 1 Bush Creek 38 Map 2 Boulder Creek and Silver River Bergland District Bergland Ontonagon District Sturgeon River 28 Lake Gogebic Kenton District Bessemer Wakefield Bessemer District 45 Kenton Marenisco 64 2 Watersmeet District Bond Falls 16 North Country Trail Bridge Project Ottawa National Forest Overview Map Proposed Trail Bridge Watersmeet Iron River District North Country Trail Michigan Wisconsin National Forest System Lands Administrative Boundary District Boundary Miles Lake River Main Roads Compiled by the Ottawa NF on 2/24/2015 using the most current and complete GIS data available. The GIS data displayed is intended for this project. Using the data other than for what it was created may yield inaccurate or misleading results. REM NCT Bridges LAKE OTTAWA Iron River

12 North Country Trail Bridge Project Bush Creek Ottawa National Forest 36 Map 1 Proposed Trail Bridge North Country Trail Operational Maintenance Level (OML) 4 - Forest Road Open to Passenger Vehicles OML 2 - High Clearance Vehicles Forest Road Closed to All Vehicles T49N R42W Unclassified Road Stream T49N R41W National Forest System Lands Section Line Bergland District Contour ~ 20 ft interval 1 T49N R42W Access to Bridge on NCT. 6 5 FR480 Bush Creek FR400 Cascade Creek Miles 8 Compiled by the Ottawa NF on 2/25/2015 using the most current and complete GIS data available. The GIS data displayed is intended for this project. Using the data other than for what it was created may yield inaccurate or misleading results. REM NCT Bridges

13 North Country Trail Bridge Project Boulder Creek and Silver River Ottawa National Forest Map 2 Proposed Trail Bridge 35 Ontonagon District Wiggle Creek 36 North Country Trail North Country Trail reroute segment Operational Maintenance Level (OML) 3 - Forest Road Open to Passenger Vehicles OML 1 - Forest Road Closed to All Vehicles Unclassified Road Temporay Access Route County Road Stream National Forest System Lands Section Line Contour ~ 20 ft interval FR2276 South Laird Road North Country Trail Boulder Creek FR2276H T50N R36W T49N R36W Silver River Miles Compiled by the Ottawa NF on 2/25/2015 using the most current and complete GIS data available. The GIS data displayed is intended for this project. Using the data other than for what it was created may yield inaccurate or misleading results. REM NCT Bridges 1 Trail reroute approx. 120 ft Steep section improved for safe access (temporary) Trail reroute approx. 140 ft