DECISION MEMO. Kelly s Pond / NFSR 204 Hazard Tree Removal. USDA Forest Service Sam Houston National Forest Montgomery County, Texas

Transcription

1 DECISION MEMO Kelly s Pond / NFSR 204 Hazard Tree Removal USDA Forest Service Sam Houston National Forest Montgomery County, Texas Decision I have decided to remove approximately 500 hazard trees in and around Kelly s Pond Recreation Area, in Compartments 34 and 35. In addition, I have decided to remove about 500 hazard trees along National Forest System Roads (NFSR) 204 and 215, in Compartments 21, 28 and These areas are located in Montgomery County about 11 miles west of New Waverly (see attached map). Hazard trees are trees that are dead, dying or leaning over roads or campsites, posing a hazard to the public. The recent drought conditions have resulted in mature pine tree mortality along the mile-long NFSR 271 that leads into Kelly s Pond, as well as in and around the areas used for camping/picnicking within the recreation area, covering approximately 60 acres. On NFSRs 204 and 215, the hazard trees are located within 150 feet of either side of the road, covering about 80 acres. The hazard trees present a possible health and safety risk for visitors to this popular dispersed camping area and shall be removed in accordance with the 1996 Revised Land Management Plan for the National Forests and Grasslands in Texas (the Plan). The tree removal will also help to alleviate potential fuel loading issues. Trees would be removed by using a commercial timber sale. Between 5 and 10 percent of the dead trees would be left standing and/or cut and left to provide additional habitat for various wildlife species, some moved to strategic locations to block vehicle traffic. Kelly s Pond serves as a dispersed camping area, picnic area, and Multi-Use Trailhead. In addition, hunter camps lie scattered along NRSR 271. The recreation area and NFSR 271 have been closed until the safety hazards can be corrected. NFSR 204 and NFSR 215 are busy roads used by forest visitors, as well as residents of neighborhoods bordering the Sam Houston National Forest. Kelly s Pond Recreation Area lies on flat to gently rolling slopes typical of the West Gulf Coastal Plain. Loblolly and shortleaf pine with scattered, mixed hardwoods dominate the overstory vegetation. The Plan allocates this Kelly s Pond Recreation Area to Management Area 9b, Minimally Developed Recreation Sites. This project falls within the Plan s guidance for operation and maintenance in the Minimally Developed Recreation Sites Management Area. The Plan allocates the areas along NFSRs 204, 215, and 271 to Management Area 2, Redcockaded Woodpecker Emphasis, which has a secondary management emphasis on dispersed recreation use. This project falls within the Plan s guidance for facilities (and road) maintenance in MA-2 as well. Kelly s Pond / NFSR 204 Hazard Tree Removal DM Page 1

2 Also within the project area, Management Area 4, as defined in the Plan, is streamside management zones that incorporate riparian and other areas in and adjacent to intermittent and perennial streams (the Plan pages ). Streamside management zones are buffered with a 50-foot primary zone and a variable secondary zone. No heavy equipment will be allowed within either the primary zone. Heavy equipment could be used in the secondary zone, only if authorized by a Forest Service sales administrator and on a case-by-case basis to remove hazard trees (the Plan, page 158). This project is categorically excluded from documentation in an environmental assessment (EA) or an environmental impact statement (EIS) for the following reasons: Past projects which are similar to the proposed action have had no significant effects on the quality of the human environment, directly, indirectly, or cumulatively. No extraordinary circumstances exist that might cause the action to have significant effects on the human environment. This proposal is consistent with and similar to the categories of action which may be excluded from documentation in an EA or EIS as described in 36 CFR (e) (13). I have considered the best available science in making this decision. The project record demonstrates a thorough review of relevant scientific information, consideration of responsible opposing views, and the acknowledgment of incomplete or unavailable information, scientific uncertainty, and risk. I have considered the effect of this project on climate change, as well as the effect of climate change on this project. Any resulting greenhouse gas emission would not be measurable on a global scale. Design Criteria Soil and Water Quality Tree removal would be restricted during inoperable conditions. The district timber sale administrator would monitor conditions and promptly shut down timber sales when erosion and soil compaction will be unacceptable. Where possible, use dead trees to block illegal user-created roads. To protect water quality, ephemeral streams have been identified and excluded from the hazard tree removal area. These streams will have a minimum 33-foot equipment exclusion zone delineated on the ground. No equipment will be allowed in the zone unless approved by the Forest Service. If other ephemeral streams that require protection are discovered during on-the-ground implementation of project activities, they will be protected according to FW-218. Scenic Resources Within 200 feet of FM 1375; National Forest System Roads 204, 215, and 271; the Lone Star Hiking Trail; and the Multi-Use Trail, marking and felling of trees will be directed away from the edges where this can be accomplished safely. Visible slash within the 200-foot zone, from trees that are cut, will be removed, chipped, or lopped to lie within two feet of the ground. Log landings shall be located out of sight of travelways where possible. If an existing log landing, within sight of the travelway, is still visible it may be used. Kelly s Pond / NFSR 204 Hazard Tree Removal DM Page 2

3 Favor flowering and other visually attractive vegetation to enhance variety when leaving vegetation. Feather the edge of openings by retaining mid and understory trees in a foot zone. Public Involvement On May 29, 2012 I mailed a scoping letter, requesting input, to over 60 individuals, organizations, and agencies that in the past have shown interest in district planning. The letter outlined the proposed action and asked for public comment. I received one response to scoping which included comments and recommendations about the project. I have reviewed this response and considered it in making my decision. The key recommendation has been incorporated into the project, on page 1, in the second paragraph. Internal information revealed that no extraordinary circumstances exist that might cause this action to have significant effects on the quality of the human environment. Findings Required by Other Laws This project is consistent with the management direction, including standards and guidelines, in the Plan). This direction is summarized as follows: The proposed tree removal will conform with the forest-wide standards and guidelines for Travel and Access Management (the Plan, p. 61), Recreation Management (the Plan, p. 73), and with standards and guidelines for MA-9b (the Plan, p. 272) and MA-2 (the Plan, p. 105). The actions of this decision are consistent with direction for Management Area 9b Minimally Developed Recreation Sites (the Plan, pp ) and Management Area 2 Red-cockaded Woodpecker Emphasis (the Plan, pp ). In accordance with FSM and , and regulations set forth in Section 7 (a) of the Endangered Species Act, a Biological Evaluation (BE) was prepared to evaluate the effects of planned activities on Federally listed and proposed threatened and endangered (T&E) species, and Region 8 Forest Service (R8 FS) sensitive species. The Biological Evaluation dated June 29, 2012, states that the proposed project is not likely to adversely affect any federally listed Threatened or Endangered species, and may impact individuals but is not likely to cause a trend to federal listing or loss of viability of any R8 FS sensitive species. I expect the US Fish and Wildlife Service (USFWS) to concur with this determination. In accordance with the requirements of the National Historic Preservation Act of 1966 (NHPA), Executive Order 13007, the American Indian Religious Freedom Act (AIRFA), and others, archaeological inventory reports were prepared to evaluate the effects of this project on heritage resources. The reports determined that the proposed actions will not adversely affect any historic properties. The State Historic Preservation Office concurred with this determination on June 18, Consultation has also been conducted with the Alabama-Coushatta Tribe of Texas and the Caddo Nation of Oklahoma and identified no concerns. Kelly s Pond / NFSR 204 Hazard Tree Removal DM Page 3

4 No known cultural resource sites will be affected by the proposed activity. Implementation Date If no appeals are filed within the 45-day time period, implementation of this decision may begin on, but not before, the 5 th business day following the close of the appeal period (36 CFR 215.9(a)) If an appeal is filed within the 45-day period, implementation of this decision may begin on, but not before, the 15 th business day following the date of the last appeal disposition (36 CFR (b)). Administrative Review and Appeal Opportunities In accordance with 36 CFR 215 and the judicial ruling in Sequoia ForestKeeper v. Tidwell, this decision is subject to notice, comment, and appeal. Individuals or organizations who submitted comments or otherwise expressed interest in this action by the close of the comment period specified in 36 CFR 215, have the right to appeal this decision. The notice of appeal must meet the appeal content requirements at 36 CFR The appeal must be filed (regular mail, fax, , hand-delivery, or express delivery) with the Appeal Deciding Officer, Mark Van Every, Forest Supervisor, 2221 N. Raguet St., Lufkin, Texas 75904, fax (936) The office business hours for those submitting hand-delivered appeals are 8 a.m. through 5 p.m. Monday through Friday, excluding holidays. Electronic appeals must be submitted in a format such as an message, plain text (.txt), rich text format (.rtf), or Word (.doc) to [appealssouthern-texas@fs.fed.us]. In cases where no identifiable name is attached to an electronic message, a verification of identity will be required. A scanned signature is one way to provide verification. Appeals, including attachments, must be filed within 45 days from the publication date of the legal notice of decision in the Conroe Courier, the newspaper of record. Attachments received after the 45 day appeal period will not be considered. The publication date in the Conroe Courier is the exclusive means for calculating the time to file an appeal. Those wishing to appeal this decision should not rely upon dates or timeframe information provided by any other source. Kelly s Pond / NFSR 204 Hazard Tree Removal DM Page 4

5 Contact Person For additional information concerning this decision, contact Cheryl Prewitt at the USDA Forest Service, Sam Houston Ranger District, 394 FM 1375 West, New Waverly, TX 77358, or phone at (409) Signature and Date Responsible Official Warren L. Oja District Ranger 394 FM 1375 West New Waverly, TX Date 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 a 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. Kelly s Pond / NFSR 204 Hazard Tree Removal DM Page 5