ADMINISTRATIVE UNIT: Shasta Trinity National Forest, Trinity River Management Unit (TRMU)

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1 SHASTA-TRINITY NATIONAL FOREST Fisheries Specialist Report for the Misery Hill Trail Trinity River Management Unit PROJECT NAME: MISERY HILL TRAIL PROJECT ADMINISTRATIVE UNIT: Shasta Trinity National Forest, Trinity River Management Unit (TRMU) LEGAL LOCATION: Portions of the Misery Hill trail to be constructed are located in Sections 30, of T34N, R9W and Section 25 of T34N, R10W (Mount Diablo Meridian). The trail is located in Trinity County, California. FOURTH FIELD WATERSHED: Trinity River WATERSHED ANALYSES: Upper Trinity River Watershed Analysis, USDA-FS 2005 Weaverville Watershed Analysis, USDA-FS March 2004 NEPA DOCUMENTATION: Categorical Exclusion; 36 CFR 220.6(e)(1); Construction and reconstruction of trails. ESA SPECIES CONSIDERED: Southern Oregon/Northern California Coast (SONCC) coho salmon (Oncorhynchus kisutch) Evolutionarily Significant Unit (ESU) ESA CRITICAL HABITAT CONSIDERED Southern Oregon/Northern California Coast (SONCC) coho salmon Critical Habitat (CH) SENSITIVE SPECIES CONSIDERED: Klamath Mountains Province (KMP) winter steelhead trout (Oncorhynchus.mykiss) Upper Klamath- Trinity (UKT) Rivers Chinook salmon (O. tshawytscha); and Pacific lamprey (Entosphenos tridentatus) ESSENTIAL FISH HABITAT: Chinook and coho salmon Essential Fish Habitat (EFH) MANAGEMENT INDICATOR Fish Species: Resident rainbow trout (O. mykiss), steelhead trout (O. mykiss) 1

2 Background The Weaver Basin Trail system (WBTS) is a highly used system of trails and roads located in and around the community of Weaverville, California. The WBTS routes are designated for hiker, mountain bike, equestrian, and/or motorcycle use. Comprised of approximately 40 miles of trails, the WBTS serves the community and visitors alike with cultural, educational and recreational opportunities. The Weaverville Basin Trail project began in 1986 with the inclusion of the WBTS in the Recreational Element of the Weaverville Community Plan 1. The Weaverville Basin Trail Committee was formed in1988 to preserve Weaverville s trails, and is made up of representatives from various groups including the U.S. Forest Service, Bureau of Land Management, Trinity County Historical Society, County of Trinity, Weaverville/Douglas City Parks and Recreation District along with other user groups. In 1993, the Trail Committee was adopted as a committee of the Trinity County Resource Conservation District. One portion of the 34N01YC road which is part of the WBTS is very steep and experiences deep rutting every year due to rain runoff and recreational use. Different sections of the road are located on private and county lands, as well as Forest Service land. The Weaver Basin Trail Committee is currently working with the private land owners and the county to construct a new trail to bypass this road, and the Forest is proposing to construct a new trail on Forest Service land in order to complement the new trail construction being done on non-forest lands. The new trail, the Misery Hill Trail, would be open to hikers, mountain bikers and equestrians only. The new trail would provide non-motorized users a connection to the East Weaver/Day Ranch Trail with other portions of the WBST. Planning Area Location Portions of the Misery Hill trail to be constructed are located in Sections 30, of T34N, R9W and Section 25 of T34N, R10W (Mount Diablo Meridian). The trail is located in Trinity County, California. Forest Plan Land Allocations and Management Area Proposed activities will occur within the Matrix Roaded Recreation 2 land allocation of the Shasta- Trinity Land Resource Management Plan (LRMP). 3 The purpose of this land allocation is to provide for an area where there are moderate evidences of the signs and sounds of humans. Roads and trails should be located, designed, constructed and maintained so that they are compatible with Roaded Natural Recreation Opportunity Spectrum (ROS) activities. These activities include hiking, auto touring, wildlife viewing, OHV use, cross-country skiing, snowmobiling and horseback riding.. Purpose and Need The LRMP identifies desired conditions and management objectives for the land allocations and Management Areas within the planning area. The following LRMP Goals, Standards and Guidelines apply: 2 Land Resource Management Plan pages 4-64 to USDA Shasta-Trinity Natonal Forest

3 Facilitate use of National Forest lands adjacent to urban areas with pocket parks, group sites, and environmental education study areas. Develop or expand city to forest and other day use trail opportunities. (LRMP pg. 4-24). Promote partnerships with user groups to assist in the operation, maintenance, and development of recreation sites and facilities. (LRMP pg. 4-24). The purpose and need for the project is to design, construct, and maintain those trails within the Weaver Basin Trail System that are on Forest Service lands to withstand the normal traffic and reasonable user behavior during the managed season of use in order to have minimal negative effects on adjacent resources. Proposed Action Approximately 0.26 miles of new trail (Misery Hill Trail) will be constructed on Forest Service lands within the WBTS. This will connect to the new portions of the Misery Hill Trail being constructed on non-forest Service lands (see the map on page 4). The trail will be open to non-motorized use only (hiker, mountain bike and equestrian). All work will be done using non-motorized and non-mechanical equipment. This proposal would also include future routine maintenance of the trail. All new trail segments will be constructed to standards described in Forest Service Handbook , Trail Maintenance Handbook. Work is expected to begin in September of 2015 and be completed within the same month. The proposed location of the new trail has been identified collaboratively by members of the Weaver Basin Trail Committee and US Forest Service interdisciplinary specialists. The Proposed Action has considered the following: Construct and maintain trails to standards described in FSH , Trails Management Handbook. Hydrology East Weaver and Garden Gulch Creeks are the closest water features in the area of the proposed Misery Hill Trail. East Weaver and Garden Gulch Creeks are greater than approximately 1000 feet away from the proposed trail. The Riparian Reserves of both creeks are greater than approximately 700 feet away from the proposed trail. There are no unusual or extra ordinary circumstances that could result in impact to the Riparian Reserves or the creeks due to trail construction. Trail proximity is of sufficient distance to negate any impacts to the floodplain. Wetlands and municipal watersheds are not present in the area of the proposed trail. Therefore a Hydrologic special report is not warranted. 3

4 Figure 1. Project Location of the Misery Hill Trail (highlighted in yellow). Nearest Riparian Reserves and stream layers are shown for Garden Gulch Creek to the west and East Weaver Creek to the east. Special Status Terms and Descriptions Coho Salmon Endangered Species Act (ESA) Listing and their Critical Habitat. SONCC coho salmon (Oncorhynchus kisutch) were listed under the ESA as Threatened in 1997 (62 FR 24588; May 6, 1997) and Critical Habitat (CH) was designated in 1999 (64 FR 24049; May 5, 1999). Designated CH for SONCC Coho salmon encompasses reaches of all rivers (including the Klamath River basin, estuarine areas, and tributaries) between the Mattole River in California to the Elk River in Oregon, inclusive. Coho salmon CH includes the entire mainstem Trinity River 4

5 starting with the confluence with the Klamath River upstream 109 miles to the base of Lewiston Dam as well as most of the mainstems of the South Fork Trinity River and Hayfork Creek. This Fish Specialist Report follows the Analytical Process (AP) for Developing BAs for Federal Actions Affecting fish within the Northwest Forest Plan Area (USDA-USDOC-USDI, 2004) to assess effects of the Project on ESA-listed salmonid species. The AP isolates discreet Project elements for analysis against 18 physical fish habitat Indicators using up to eight evaluation factors. The AP is normally limited to preparing BAs for federally ESA-listed fish - SONCC Coho salmon within the Project assessment area. Because of the nature of this Proposed Action, however, the Effects summarized hereafter apply to all of the fish species and habitats indicated at the beginning of this BA/BE/ Fish Specialist report. Garden Gulch flows intermittently sufficiently to be accessible to anadromous fish on occasion. East Weaver Creek supports steelhead and coho salmon have been identified there. Therefore they both possess Critical Habitat for coho salmon. Sensitive Species The Forest service definition and description of Sensitive Species (Forest Service Manual at ) is: Those plant and animal species identified by a Regional Forester for which population viability is a concern, as evidenced by a) Significant current or predicted downward trends in population numbers or density; b) Significant current or predicted downward trends in habitat capability that would reduce a species existing distribution. Sensitive species must receive special management emphasis to ensure viability and to preclude trends toward endangerment that would result in the need for Federal listing. Biological Evaluations (FSM ) must be written whenever appropriate to ensure that Forest Service actions do not contribute to loss or viability of any native Sensitive-listed plant or animal species or trends toward Federal listing of any of the Sensitive-listed species. Analysis of all the fish listed at the beginning of this report will be conducted concurrently. KMP Steelhead have been observed in East Weaver Creek and Garden Gulch. No doubt Pacific Lamprey have been able to migrate up into these two streams as well. I have observed Pacific Lamprey in 2015 in West Weaver Creek.. Essential Fish Habitat In addition to CH designations for SONCC coho salmon, Essential Fish Habitat (EFH) provisions of the Magnuson-Stevens Act (MSA) require heightened consideration of habitat for commercial fish species in resource management decisions, including EFH for SONCC coho salmon and UKT Rivers Chinook salmon. EFH is defined in section 3 of the MSA as those waters and substrates necessary to fish for spawning, breeding, feeding, or growth to maturity. National Marine Fisheries Service (NMFS) interprets EFH to include 5

6 aquatic areas and their associated physical, chemical and biological properties used by fish that are necessary to support a sustainable fishery and the contribution of the managed species to a healthy ecosystem. The MSA and its implementing regulations at 50 CFR (j) require that before a federal agency may authorize, fund or carry out any action that may adversely affect EFH, it must consult with NMFS. The purpose of the consultation is to develop conservation recommendations that address reasonably foreseeable adverse effects to EFH. Freshwater EFH for Pacific salmonids includes all those streams, lakes, ponds, wetlands, and other water bodies currently, or historically, accessible to salmon in Washington, Oregon, Idaho, and California, except areas upstream of certain impassable man-made barriers, and long-standing impassable natural barriers. Analysis of CH or any anadromous fish habitat will include concurrent analysis of EFH. Management Indicator Fish Assemblages and Species From the STNF s Land and Resource Management Plan (1995): Fish species have been grouped into specific assemblages or groups to simplify tracking the effects of Forest Service management activities on fish habitats. Three assemblages have been established. These are: (1) Fish Habitat Anadromous Assemblage, (2) Fish Habitat Inland Cold Water Assemblage, and (3) Fish Habitat Inland Warm water Assemblage. Winter-run Steelhead, spring-run Chinook salmon and summer steelhead were selected as management indicators for the anadromous fish assemblage. The rainbow trout was selected for the inland cold water fish assemblage. The Misery Hill Trail Project Action Area includes assemblages numbered one and two. The Weaverville Forest Service fisheries section has identified coho salmon in their annual fishery snorkeling surveys at East Weaver Creek in 2010, 2011, 2013 and Description of the Environmental Baseline Per 50 CFR , the environmental baseline includes the past and present impacts of all Federal, state, or private actions and other human activities in the action area, including the anticipated impacts of all proposed Federal projects in the action area that have undergone Section 7 consultation and the impacts of state and private actions that are contemporaneous with the consultation in progress. For actions that affect freshwater habitat, the environmental baseline is described in terms of properly functioning condition (PFC). PFC is defined as the sustained presence of natural habitat-forming processes in a watershed that are necessary for the long-term survival of the species through the full range of environmental variation (NOAA-NMFS 1999; USDI-FWS 1998). PFC constitutes the habitat component of a species biological requirements. 6

7 CHECKLIST FOR DOCUMENTING ENVIRONMENTAL BASELINE AND EFFECTS OF PROPOSED ACTION(S) ON RELEVANT INDICATORS Misery Hill Trail Project Area Weaverville 5 th Field Watershed Pathways: ENVIRONMENTAL BASELINE Properly Not Properly Functioning At Risk Functioning EFFECTS OF THE ACTION(S) INDICATORS Water Quality CDFG Temperature (2002) X Sediment USFS (2001) X Restore Maintain Degrade Chemical Contamination PJ X Habitat Access Physical Barrier PJ X Habitat Elements USFS (2001) Substrate X LWD USFS (2001) X Pool Frequency USFS-2001 X Pool Quality USFS (2001) X Off-channel Habitat N/A N/A Refugia USFS (2001) X Channel Cond & Dyn W/D Ratio USFS (2001) X Streambank Condition. USFS-2001 X Floodplain Cond. USFS (2001) X Flow /Hydrology Peak/Base Flow CDFG (2002) X DrainageNetworkIncreas PJ X Watershed Condition Road Dens./Location GIS X Disturbance History PJ X PJ Riparian Reserves X Key: N/A - generally not applicable to this channel type. PJ - professional judgment, no recent data available, little other information is available, indicator is rated based on observation, anecdotal information, and professional opinion. CDFG (2002) Annual Report Trinity River Tributary Juvenile Steelhead Reach Project Project 2c2, Patrick Garrison, Weaverville CA. USFS (2001) Stream Condition Survey Report Trinity River Management Unit, Weaverville CA. GIS Information developed from Shasta-Trinity National Forest GIS road layer. 7

8 Project Element(s) The proposed action is broken down into the following discreet components, or elements: Trail Construction. All Misery Hill Trail work will be done using non-motorized and non-mechanical equipment. All new trail segments will be constructed to standards described in Forest Service Handbook , Trail Maintenance Handbook. Effects Analysis of the Proposed Action The proposed action occurs at greater than approximately 700 feet from the outermost edges of the Riparian Reserves for both East Weaver Creek and Garden Gulch Creek (See Figure 1). All work will be done using non-motorized and non-mechanical equipment. All new trail segments will be constructed to standards described in Forest Service Handbook , Trail Maintenance Handbook. The Project as proposed will have neutral effects, or no effect, to all 18 of the fish habitat indicators listed in the Table below. This is because the Project will create no physical perturbation to fish habitat directly or indirectly in any manner, nor promote the initiation of any such management which could in turn lead to an effect. Trail construction will be outside of Riparian Reserve boundaries which is 300 feet slope distance on each side of East Weaver and Garden Gulch Creek and will eliminate any chance for possible adverse effects to coho salmon, Critical Habitat, and/or the remaining species listed in this report. The Effects Summary is confirmed by the rationale of the following Factor Analysis as per the AP (2004). When possible effects can be dismissed based on the following initial three factors, then analyzing the project elements for the remaining five factors is unnecessary. a) Proximity ~ The geographic relationship between the project element or proposed action and the species or designated Critical Habitat. b) Probability ~ The likelihood that the species or habitat will be exposed to the biotic or abiotic effects of the PE or action to the indicator. c) Magnitude ~ The severity and intensity of the effect. All Trail work will occur outside of Riparian Reserve habitat boundaries. The proximity of the actions to coho salmon CH, EFH, and all of the other fish species addressed in this report is therefore of sufficient distance to prevent any possible adverse effects. The probability in turn drops to zero for the Project generating any adverse effects. Considering these two conclusions, the magnitude of the potential effect would therefore also be zero. The Effect of this proposed action to all fish species is summarized in the following table: 8

9 Indicator Misery Hill Trail Construction Temperature 0 Suspended Sediment / Turbidity 0 Chemical Contamination / Nutrients 0 Physical Barriers 0 Substrates / Embeddedness 0 Large Woody Debris 0 Pool Frequency and Quality 0 Large Pools 0 Off-channel Habitat 0 Refugia 0 Average Wetted Width / Maximum Depth pools 0 9 Streambank Condition 0 Floodplain Connectivity 0 Peak/Base Flows 0 Drainage Network 0 Road Density/Location 0 Disturbance History 0 Riparian Reserves 0 Note: 0= Neutral Effect The possible effects to fish and fish habitat will also be summarized below. Direct Effects. Direct Effects are the direct or immediate effects of the Project on the species or its habitat. The Project will have no direct effect on anadromous salmonids or their habitat in the Project area. Because the Project design excludes entry into Riparian Reserves for any Projectrelated activity, it becomes impossible for direct effects to occur to any anadromous fish or fish habitat. It is therefore impossible for the Project as proposed to have Direct Effects to any anadromous fish.

10 Indirect Effects. Indirect Effects are those effects that are caused by or will result from the proposed action and are later in time, but are still reasonably certain to occur. The exclusion of Riparian Reserve entry will eliminate the possibility of indirect effects to anadromous fish and fish habitat. There is absolutely no manner in which Project implementation can cause indirect effects to anadromous fish in the stream reaches closest to the Project or downstream from the Project. No sediment is expected to be generated from the Project that could reach the stream courses of East Weaver Creek or Garden Gulch. Trail work is expected to be initiated in September and completed by the end of the month. Viability of Sensitive Fish Species A trend toward ESA listing of the three pertinent Forest Service Sensitive Species listed on the USFS Regional Sensitive Species List, summarized on page one of this document, is not anticipated and viability is not at risk. The Project does not adversely modify their habitat in the short or long term. Individual anadromous salmonids are not expected to be adversely impacted by the Project. Aquatic MIS Species In line with the discussions above, the Project will have zero impact to the two MIS fish species that could conceivably occur adjacent to or downstream from the proposed Project area due to the exclusion of entry into Riparian Reserves. Cumulative Effects The ESA defines cumulative effects in 50 CFR as those effects of future State or private activities, not involving Federal activities that are reasonably certain to occur within the action area of the Federal action subject to consultation. Cumulative effects under NEPA include Federal or non-federal activities not yet undertaken, for which there are existing decisions, funding, or identified proposals. The Misery Hill Trails project is not expected to trigger any adverse cumulative effects to or translate to adverse effects to anadromous or resident salmonid habitats. Determination Summary It is my determination that the proposed Project would have no effect on SONCC coho salmon and their Critical Habitat. The Project would not result in a trend towards listing or loss of viability of USFS Sensitive steelhead, Chinook salmon or pacific lamprey. The Project will have no effect to the two MIS species considered. It is also my determination that the Project will have no effect on coho and Chinook salmon EFH. 10

11 Aquatic Conservation Strategy The Aquatic Conservation Strategy (ACS) has 4 key components to help maintain and restore fish populations and their habitat: 1) Riparian Reserves, 2) Key Watersheds, 3) Watershed Analysis, and 4) Watershed Restoration. The following is excerpted from the Northwest Forest Plan Record of Decision as per the Forest s LRMP (1994): Riparian Reserves exist for protection of riparian areas, as well as specific requirements for timber management, road construction and maintenance, grazing, recreation, minerals management, fire/fuels management, research, and restoration activities. Initial boundary widths for riparian reserves are as follows: Fish-bearing streams - the area on each side of the stream equal to the height of two site-potential trees, or 300 feet slope distance, whichever is greater; Permanently flowing nonfish-bearing streams - the area on each side of the stream equal to the height of one site-potential tree, or 150 feet slope distance, whichever is greater; Lakes and natural ponds - the body of water and the area to the outer edges of riparian vegetation, or to a distance equal to the height of two site-potential trees, or 300 feet slope distance, whichever is greater; Constructed ponds and reservoirs and wetlands greater than one acre - the area from the edge of the wetland or the maximum pool elevation to a distance equal to the height of one site-potential tree, or 150 feet slope distance, whichever is greater; Seasonally flowing or intermittent streams - the area on each side of the stream to a distance equal to the height of one site-potential tree or 100 feet slope distance, whichever is greater; Wetlands less than one acre and unstable and potentially unstable areas -the extent of unstable and potentially unstable areas, and wetlands less than one acre to the outer edges of the riparian vegetation. Riparian reserve initial boundary widths will remain in effect until they are modified following watershed analysis. The Project will therefore have zero negative effect to any of the Riparian Reserves and not adversely trend any of the ACS components. The proposed action meets the following Aquatic Conservation Strategy Objectives by maintaining the status quo via elimination of Riparian Reserve. 11

12 Aquatic Conservation Strategy Objectives Forest Service and BLM-administered lands within the range of the northern spotted owl will be managed to: 1. Maintain and restore the distribution, diversity, and complexity of watershed and landscape-scale features to ensure protection of the aquatic systems to which species, populations and communities are uniquely adapted. 2. Maintain and restore spatial and temporal connectivity within and between watersheds. Lateral, longitudinal, and drainage network connections include floodplains, wetlands, upslope areas, headwater tributaries, and intact refugia. These network connections must provide chemically and physically unobstructed routes to areas critical for fulfilling life history requirements of aquatic and riparian-dependent species. 3. Maintain and restore the physical integrity of the aquatic system, including shorelines, banks, and bottom configurations. 4. Maintain and restore water quality necessary to support healthy riparian, aquatic, and wetland ecosystems. Water quality must remain within the range that maintains the biological, physical, and chemical integrity of the system and benefits survival, growth, reproduction, and migration of individuals composing aquatic and riparian communities. 5. Maintain and restore the sediment regime under which aquatic ecosystems evolved. Elements of the sediment regime include the timing, volume, rate, and character of sediment input, storage, and transport. 6. Maintain and restore in-stream flows sufficient to create and sustain riparian, aquatic, and wetland habitats and to retain patterns of sediment, nutrient, and wood routing. The timing, magnitude, duration, and spatial distribution of peak, high, and low flows must be protected. 7. Maintain and restore the timing, variability, and duration of floodplain inundation and water table elevation in meadows and wetlands. 8. Maintain and restore the species composition and structural diversity of plant communities in riparian areas and wetlands to provide adequate summer and winter thermal regulation, nutrient filtering, appropriate rates of surface erosion, bank erosion, and channel migration and to supply amounts and distributions of coarse woody debris sufficient to sustain physical complexity and stability. 9. Maintain and restore habitat to support well-distributed populations of native plant, 12

13 invertebrate, and vertebrate riparian-dependent species. In addition, Northwest Forest Plan Standards and Guidelines within Riparian Reserves also include the following specifically directed toward trail management: ACS Recreation Management 1. New recreational facilities within Riparian Reserves, including trails and dispersed sites, should be designed to not prevent meeting Aquatic Conservation Strategy objectives. Construction of these facilities should not prevent future attainment of these objectives. For existing recreation facilities within Riparian Reserves, evaluate and mitigate impact to ensure that these do not prevent, and to the extent practicable contribute to, attainment of Aquatic Conservation Strategy objectives. 2. Adjust dispersed and developed recreation practices that retard or prevent attainment of Aquatic Conservation Strategy objectives. Where adjustment measures such as education, use limitations, traffic control devices, increased maintenance, relocation of facilities, and/or specific site closures are not effective, eliminate the practice or occupancy. References NOAA-NMFS (Fisheries) The habitat approach-implementation of Section 7 of the Endangered Species Act for actions affecting the habitat of Pacific anadromous salmonids. Northwest Region, Habitat Conservation and Protected Resource Divisions. August. P. 12. USDA Forest Service, US Department of Commerce, US Department of the Interior-USFWS and BLM (USDA-USDC-USDI) Analytical Process for Developing Biological Assessments for Federal Actions Affecting Fish within the Northwest Forest Plan Area. USDA Forest Service Weaverville Watershed Analysis. USDA Forest Service Watershed Analysis for West Weaver Creek and Sidney Gulch Subwatersheds of the Weaverville 5 th Field Watershed. Nine pages. USDA Forest Service. Trinity River Management Unit Annual Fishery Surveys, 2010, 2011, 2013,2014. USDI-FWS The framework to assist in making Endangered Species Act determinations of effect for individual or grouped actions at the bull trout subpopulation watershed scale. February. p. 44 USDA Forest Service, Shasta-Trinity National Forest Land and Resource Management Plan. 13