FINAL DECISION MEMO. Wizard Falls Fish Hatchery Rearing Pond Replacement

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1 USDA Forest Service Deschutes National Forest Sisters Ranger District FINAL DECISION MEMO Wizard Falls Fish Hatchery Rearing Pond Replacement Jefferson County, Oregon SW1/4SW1/4, Sec 14; NE1/4NE1/4, Sec 22; NW1/4NW1/4, Sec 23; T.12S., R.09E., WM. DECISION After a careful review of the proposed action and the environmental effects of the project, I have decided to authorize the Wizard Falls Fish Hatchery to demolish and reconstruct multiple fish rearing ponds within the permitted boundaries located on National Forest Lands. This decision is documented under 36 CFR 220.6(e)(3): Approval, modification, or continuation of minor special uses of NFS lands that require less than five contiguous acres of land. A project file was prepared for this project. The project file is located at the Sisters Ranger District office, Sisters, Oregon. Background and Existing Condition The Oregon Dept of Fish & Wildlife (ODFW) has a Special Use permit with the USFS to operate the Wizard Falls Fish Hatchery along the Metolius River. The original permit for this facility was issued in 1947 and the site has been under continuous operation since. This site is used to rear multiple fish species and has an annual production of nearly two million fish. This site is a popular destination for the public and hosts an annual fish fair and public fishing day. ODFW recently submitted a proposal to demolish and replace multiple circular fish rearing ponds on the hatchery grounds. There are currently twenty (20) concrete, circular ponds, each approximately in diameter and approximately 24 deep. These ponds are in their 65th year of use and no longer hold the structural integrity to allow a secure rearing environment for young fish. Cracks and spaces in the concrete allow for large amounts of water and small fish (fingerlings) to escape the ponds. Multiple repair methods have been used in an attempt to keep the ponds functioning, but continual repair and maintenance of the ponds has become a drain on staff time and agency funding. Many of the ponds remain empty because they no longer function properly and are beyond a state of repair. This has become not only a visual eye sore, but a safety concern for the 70,000 annual visitors that come to the hatchery. ODFW has secured nearly $100,000 in Restoration and Enhancement grant dollars for this project. 1

2 Purpose and Need for Action The purpose of the project is to authorize the reconstruction of multiple fish rearing ponds at the fish hatchery. There is a need to authorize this project to improve productivity and sustainability of the hatchery and to reduce the risk of injury to the public. Proposed Action The project is planned for two stages as described below: 1. The first stage is proposed to take place during the summer of This stage would consist of demolition of the four western-most circular ponds and installation of four 4X40 concrete raceways (ponds) in the same footprint. Installation of one 12 PVC pipe for water drainage (to be connected into an existing drainage system) and one 16 HDPE pipe for water transfer between ponds. Both pipes would be installed within existing road beds. 2. The second phase would take place during the summer of This phase would be similar to phase one, with the demolition of four more circular ponds and construction of four new 4X40 raceways in the same footprint. No pipeline installation would occur during this phase. The demolition of the remaining twelve ponds would occur during this phase. All activities would take place within an already heavily compacted and graveled area. All concrete from the demolished circular ponds would be hauled off-site to be disposed of. The area would be rehabilitated to meet Forest Service standards. Findings Regarding the Use of a Categorical Exclusion I have reviewed the analysis provided by the district resource specialists assigned to this project. I find that the degree of potential effect on any of the resources conditions listed at 36 CFR 220.6(b), shown as 1-6 below, does not preclude use of a categorical exclusion 36 CFR 220.6(e)(3). The mere presence of one or more of these resource conditions does not preclude the use of a categorical exclusion (CE). It is the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions and if such a relationship exists, the degree of the potential effect of a proposed action on these resource conditions that determines whether extraordinary circumstances exist (36 CFR 220.6(b)). Given these findings, I conclude that there are no extraordinary circumstances associated with my decision. Therefore, further analysis of the project in an environmental assessment (EA) or an environmental impact statement (EIS) is not required. The following discussions present my findings for each resource condition found in the project area. Resource specialist s comments are on file at the Sisters Ranger District 2

3 office, Sisters, Oregon. Mitigation measures are found on pages 6 and 7 of this decision memo. 1) Federally listed threatened, endangered or sensitive (TES) species, or designated habitat or species proposed for Federal listing, or proposed critical habitat. BOTANICAL SPECIES There are no effects to Federally listed threatened, endangered or sensitive plants. WILDLIFE SPECIES The project will not contribute to a negative effect on any Management Indicator Species or any Endangered Species Act listed or proposed species. There will be no affect to any special or unique habitat conditions. There are no effects to wildlife species. 2) Flood plains, wetlands, or municipal watersheds. Floodplains: Executive Order provides direction to avoid adverse impacts associated with the occupancy and modification of floodplains. Floodplains are defined by this order as,... the lowland and relatively flat areas adjoining inland and coastal waters including flood prone areas of offshore islands, including at a minimum, that area subject to a one percent [100-year recurrence] or greater chance of flooding in any one year. There are no floodplains within the project area. Wetlands: Executive Order was promulgated to avoid adverse impacts associated with destruction or modification of wetlands. Wetlands are defined by this order as,... areas inundated by surface or ground water with a frequency sufficient to support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds. There are no wetlands within the project area. Municipal Watersheds: There are no municipal watersheds within the project area. 3

4 3) Congressionally designated areas such as wilderness, wild and scenic rivers, or national recreation areas. The project is located within a congressionally designated wild and scenic river corridor. The project is located in Management Area 28, Metolius Wild and Scenic River. This management area was amended in the Northwest Forest Plan to include Riparian Reserves. In Riparian Reserves, the standards and guidelines at LH-4 state that For activities other than surface water developments, issue leases, permits, right-of-way, and easements to avoid adverse effects that retard or prevent attainment of Aquatic Conservation Strategy objectives. AQUATIC CONSERVATION STRATEGY- Metolius Basin The Aquatic Conservation Strategy (ACS) as defined by the Northwest Forest Plan was developed to restore and maintain the ecological health of the watershed and the aquatic ecosystems contained within them. Management activities proposed for watersheds must meet the ACS objectives as specified in the Northwest Forest Plan (pages C31-C38). This section will discuss how the proposed action either meets or does not meet the intent of the Aquatic Conservation Strategy Objectives. Aquatic Conservation Strategy Objective 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. Aquatic Conservation Strategy Objective 2: Maintain and restore spatial and temporal connectivity within and between watersheds. Lateral, longitudinal, and drainage network connections include flood plains, wetlands, upsweep 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. Aquatic Conservation Strategy Objective 3: Maintain and restore the physical integrity of the aquatic system, including shorelines, banks, and bottom configurations. There will be no disturbance to the aquatic system. Aquatic Conservation Strategy Objective 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. 4

5 This project will result in a reduction in water use. Aquatic Conservation Strategy Objective 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. This project will not occur within a waterway. Aquatic Conservation Strategy Objective 6: Maintain and restore in-stream flows sufficient to create and restore 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. The proposed action will have no effect to in-stream flows. Aquatic Conservation Strategy Objective 7: Maintain and restore timing, variability, and duration of flood plain inundation and water table elevation in meadows and wetlands. Aquatic Conservation Strategy Objective 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 distribution of coarse woody debris sufficient to sustain physical complexity and stability. The proposed action will have no disturbance to riparian areas or wetlands. Aquatic Conservation Strategy Objective 9: Maintain and restore habitat to support well-distributed populations of native plant, invertebrate, and vertebrate ripariandependent species. This review indicates the project does not prevent attainment of the Aquatic Conservation Strategy objectives as outlined in the Northwest Forest Plan. 4) Inventoried Roadless Areas. There are no Inventoried Roadless Areas (IRA) in the project area. The project will not result in the construction of any permanent or temporary roads in Inventoried Roadless Areas. 5) Research Natural Areas. There are no existing or proposed Research Natural Areas (RNA) in the project area. The Metolius Research Natural Area is located approximately 1 air mile to the south. 5

6 6) American Indian and Alaska Native religious or cultural sites. Archaeological sites, or historic properties or areas. 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. 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. The Archaeological Resources Protection Act covers the discovery and protection of historic properties (prehistoric and historic) that are excavated or discovered in federal lands. It affords lawful protection of archaeological resources and sites that are on public and Indian lands. The Native American Graves Protection and Repatriation Act cover 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 the cited Acts. Surveys were conducted on April 12, 2012 for Native American religious or cultural sites, archaeological sites, prehistoric sites and historic properties and areas that may be affected by this decision. This undertaking meets the criteria in the Programmatic Agreement for a No Historic Properties Affected determination. There will be no effect to heritage resources Findings Required by Other Laws My decision is consistent with the standards and guidelines established in the Deschutes National Forest Land and Resource Management Plan (Forest Plan), as amended. The project is located in Management Area 28 Metolius Wild and Scenic River. Project Design Criteria and Mitigation Measures Invasive Plants Minimize ground disturbance and clearing widths to protect habitat and minimize weed risk. Require clean vehicles and equipment to reduce the introduction of invasive plant seed. Wash tires, tracks, and the undercarriage of all equipment to remove mud, dirt, and seeds prior to arriving on NFS lands. 6

7 Revegetation Forest Service approval is required PRIOR to re-seeding the area to ensure native & weed-free seed is used. Fisheries Ensure any runoff from construction and/or concrete operations do not flow toward the river or any water supply that drains towards the river. Roads Approved haul routes must be identified and travel restrictions adhered to. Contractor hauling material off site must obtain an overload permit from the State and the Forest Service, if it is determined by the State that one is required. Any damage to Forest Service transportation facilities during construction must be repaired to Forest Service standard by either the contractor or permit holder. PUBLIC INVOLVEMENT Interdisciplinary scoping consisting of a Forest Service Botanist, Archaeologist, Fisheries Biologist, Wildlife Biologist, and Roads Manager revealed no botanical, archaeological, fisheries, wildlife, or roads concerns. Mitigations will be implemented to prevent any minor impacts to the area. ADMINISTRATIVE REVIEW AND APPEAL OPPORTUNITIES On April 27, 2012 a legal notice announcing the opportunity for notice, comment and appeal was published in The Bulletin, the newspaper of record. The Preliminary Decision Memo was also mailed to the Friends of the Metolius and the Metolius River Association. No comments were received, the project is therefore not subject to appeal at 36 CFR Pursuant to 36 CFR (c) (1) this decision can be implemented immediately upon publication of the legal notice in the newspaper of record. CONTACT INFORMATION For further information regarding my decision please contact Sommer Moore, Special Use Permit Administrator, at (541) ; at slmoore@fs.fed.us. _/s/ Kristie L. Miller KRISTIE MILLER District Ranger 06/08/2012 Date 7