Decision Notice/Finding of No Significant Impact 1

Transcription

1 DECISION NOTICE FINDING OF NO SIGNIFICANT IMPACT BULL RUN CULVERT REPLACEMENTS U.S. FOREST SERVICE WHITMAN RANGER DISTRICT, WALLOWA-WHITMAN NATIONAL FOREST GRANT COUNTY, OREGON TOWNSHIP 9 SOUTH, RANGE 36 EAST, SECTIONS 18 AND 19 The decision notice documents the decision of the Whitman District Ranger of the Wallowa-Whitman National Forest to implement the Project. The decision incorporates a finding of No Significant Impact, which documents the District Ranger s determination that the Bull Run Culvert Replacement Project is not a major Federal action significantly affecting the quality of the human environment. The Environmental Assessment and project record supporting this decision notice are available for public view at the Whitman Ranger District office, th St. Baker City, Oregon. DECISION As Whitman District Ranger, I have selected Alternative 2 of the Environmental Assessment for the Bull Run Culvert Replacement Project with specific mitigation that respond to water and soil impacts. Alternative 2, as described in the EA, includes the following: Bull Run Culvert/Corrigal Springs (7375 Road) (see project location map) The existing culvert will be removed and disposed of off National Forest System land and replaced with an appropriately sized structure to meet a 100-year flood event and allow fish passage. New culverts will have an open bottom design with concrete footings. The natural stream gradient and substrate material above and below the project area will be simulated through the structure. The new structures will be backfilled and compacted using materials stockpiled onsite or hauled from a material source approximately 3 miles from project site (See project location map). In an effort to stabilize the ground adjacent to Highway 24, realignment of the main Bull Run channel (approximately 14 feet to the west and 150 feet in length) will be necessary. The realigned channel will remain in the existing flood plain. Construction of a relief ditch (French Drain) across FS Road 7375 will require a 2-inch deep channel filled with 6-inch pit run and crushed aggregate to relieve high water from scouring the road. A tapered berm will be constructed approximately 300 feet up stream from the existing culvert where main Bull Run channel turns 90 degrees, allowing the water to stay in the main channel during high flows. The project area at this site is approximately 2 acres in size and involves approximately 400 feet (in length) of stream. Removal of some small diameter (4-10 inch) trees may be required. Rock weirs will be placed in the channel and below channel grade to prevent a potential head cut. The weirs will be located: 1) upstream where the old and new channel meet, 2) downstream where the old and new channel meet the new culvert (outlet), and 3) in the new channel segment about halfway between exit and entrance point (upstream of new but down of the old culvert. After implementation, erosion control measures will include seeding and mulching. Block nets will be used to prevent passage of fish into the project area, and fish salvage will occur on the first day of the in-water work window (July 15-August 15). Deep Creek (7370 Road and Deep Creek) (see project location map) The existing culvert will be removed and disposed of off National Forest System land and replaced with appropriately sized structure to meet a 100-year flood event and allow fish passage. The new culvert will Decision Notice/Finding of No Significant Impact 1

2 have an open bottom design with concrete footings. The natural stream gradient and substrate material above and below the project area will be simulated through the structure. The new structure will be backfilled and compacted using materials stockpiled onsite, or hauled from material source approximately 3 miles from project site (See project location map). The culvert will be aligned with the natural channel and flow of Deep Creek, located approximately feet from the junction of FS Road 7370 and County Highway 24. Approximately 300 feet of FS Road 7370 will be re aligned to the north (50-70 feet) to tie into an existing roadbed, allowing the natural channel and flood plain of Deep Creek to re-establish. The project area at this site is approximately 2 acres in size and involves approximately 350 feet (in length) of stream, and will also require removal of some small diameter (4-10 inch) trees. Rock weirs will be placed in the channel and below channel grade to prevent a potential head cut. The weirs will be located: 1) upstream where the old and new channel meet, 2) downstream where the old and new channel meet the new culvert (outlet), and 3) in the new channel segment about halfway between exit and entrance point (upstream of the new culvert but downstream of the old culvert). After implementation, erosion control measures will include seeding and mulching. Block nets will be used to prevent passage of fish into the project area, and fish salvage will occur on the first day of the in-water work window (July 15-August 15). Bull Run Culvert//7370 Road (See project location map) The existing culvert will be removed and disposed of off National Forest System land and replaced with an appropriately sized structure to meet a 100-year flood event and allow fish passage. New culverts will have an open bottom design with concrete footings. The natural stream gradient and substrate material above and below the project area will be simulated through the structure. The new structure will be backfilled and compacted using materials stockpiled onsite or hauled from a material source approximately 3 miles from project site (See project location map). The project area at this site is approximately 1 acre in size and involves approximately 150 feet (in length) of stream, and will also require removal of some small diameter (4-10 inch) trees. A stream bypass channel will be constructed, including the placement of a temporary culvert at the crossing of FS Road While work is being done, water will be diverted (for approximately three days) about 50 feet upstream of the project activity, and returned to the stream about 50 feet below the segment being worked. Rock weirs will be placed in the channel and below channel grade to prevent a potential head cut. The weirs will be located: 1) upstream where the old and new channel meet, 2) downstream where the old and new channel meet the new culvert (outlet), and 3) in the new channel segment about halfway between exit and entrance point (upstream of new but down of the old culvert. Block nets will be used to prevent passage of fish into the project area, and fish salvage will occur on the first day of the in-water work window (July 15-August 15). Mitigation and Conservation Measures In response to concerns with the proposal, the following mitigation measures were developed to ease some of the potential impacts the proposed action may cause. 1. To prevent impacts to bull trout, all work will be conducted during the instream work window for bull trout (July 15-August 15). Work outside of the in-stream period will require a waiver for these activities. 2. To prevent the introduction and/or spread of invasive species and weeds, all equipment used off the drivable surface of the roadway must be cleaned prior to entry onto NFS lands. 3. To prevent the introduction and/or spread of invasive species and weeds, and to protect rare plants, gravel and rock sources must be cleared through consultation with the District Invasive Species Specialist. Rock sources identified for use in the project area have been surveyed for invasive species and rare plants. 4. To prevent the introduction and/or spread of invasive species and weeds, native seed and weed free materials approved by the District Invasive Species Specialist must be used for all re-vegetation activities. Decision Notice/Finding of No Significant Impact 2

3 All other conservation measures to be implemented under this alternative can be found in Bull Run Culvert Replacement EA (Appendix A. Conservation Measures to be implemented). The measures in Appendix A are a result of the Biological Assessment for USDA Forest Service Fish Passage Restoration Activities Affecting ESA-listed Animal and Plant Species found in Eastern Oregon and the whole of Washington (USDA 2003) and are project design criteria. These conservation measures in Appendix A are designed to 1) minimize the potential for impacts to water quality as a result of sediment inputs or chemical contamination and 2) minimize impacts to fisheries during implementation. DECISION RATIONALE Purpose and Need for Action The purpose and need for action was identified in the Granite Creek Watershed Action Plan (WAP), Section III, Whole Watershed Restoration, suggesting the removal of physical barriers, including culverts, to improve and maintain aquatic passage (USDA 2012). The WAP focused on problematic or nonexistent fish passage into and throughout Bull Run Creek. The WAP identified the need to replace culverts to improve passage and to assure ongoing water quality for listed fish species; Mid-Columbia Steelhead (Oncorhynchus mykiss), and Bull Trout, (Salvelinus confluentus). To obtain the desired condition a number of culverts have been identified which are currently hindering or blocking fish passage, as well as producing sediment input into these stream systems. The project will replace these culverts and include additional enhancement work which will help facilitate the progression of watershed restoration. This will aid in maintaining and/or enhancing ecosystem function (stream connectivity) to provide for long-term integrity and productivity of biological communities (EA Chapter 1 Page 3). Comparison of Alternatives Alternative 2 will result in a beneficial cumulative effect to aquatic species and water resources from replacing the three culverts, building the berm upstream of the Bull Run Creek (7375) culvert and relocating the two stream segments. These activities will eliminate the seasonal erosion that is currently taking place as the streams overtop their banks and erode the adjacent roads and hill slope. Alternative 2 is the most common and practical process to achieve the desired outcome by incorporating strategies beneficial to whole watershed restoration (EA Chapter 2 Page 12). There will be a short-term (less than a season) increase in turbidity in the new channels of Deep Creek and Bull Run Creek when the water that has been diverted from the channel to allow for the work is once again allowed to flow in its channel, created sediment will settle out within a half mile length of the system. The magnitude of the adverse effects to fish populations will be limited to the project action area (no more than 0.5 miles downstream for each project) and will not reduce fish populations or cause long-term degradation because of the limited magnitude and duration of the effect. Increases in turbidity will be temporary, with levels insufficient that will reduce spawning or pool depth. Impacts will be short-term and limited to the action area Chapter 3 Page 27). Alternative 1 was not selected because no action would be taken; therefore conditions would persist and continue to decline, sediment delivery and fish passage issues would remain, disrupting aquatic life cycles, resulting in temporary avoidance, reduced feeding and gill stress (Bash et al 2001) (EA Chapter 3 page 29). The rationale for my decision to select Alternative 2 is based on the integration of (1) meeting the purpose and need for this action as specified by the Bull Run Culverts EA; (2) consideration of the environmental effects disclosed in the Bull Run Culverts EA; (3) the new national watershed condition framework direction (2011); 4) the selection of Granite Creek by the Wallowa-Whitman National Forest, and Region 6 as a priority watershed for focused restoration work; and 5) direction in the Wallowa-Whitman National Forest Land and Resource Management Plan, as amended (Forest Plan, 1990). This project is a product of the Wallowa-Whitman Watershed Action Plan (WAP) in the Granite Creek watershed that involves multiple cooperators including CTUIR (Confederated Tribes of the Decision Notice/Finding of No Significant Impact 3

4 Umatilla Indian Reservation) and NFJDWC (North Fork John Day Watershed Council). The cooperators have had substantial input and have been an integral part of past projects. The Forest Service acknowledges the commitment, expertise and opinion of both cooperators and is appreciative for the invaluable input they convey to all of our past, present and future activities to public lands. The Project EA documents the environmental analysis and conclusions upon which this decision is based. PUBLIC INVOLVEMENT The project was initially listed in the Schedule of Proposed Actions in January No public comment was generated from this listing. Preliminary details of this project were described in a January 26, 2011 letter addressed to the individuals, agencies, and organizations who are interested in management of the Whitman Ranger District. A later letter to the interested public, dated July 27, 2012, described the locations and proposed use of several rock sources connected to the Bull Run Culvert Project. Four responses were received. Pine Telephone, Inc. replied to the initial project scoping letter to make planners aware of buried fiber optic lines in the road prism of FS road Two individuals replied favorably with regards to the rock source use and one person called to inquire about current access to the rock pits. Information about the proposed rock source use was published in the Baker City Herald, August 31, A copy of the mailing list and the informational scoping letter is included in the project file. The EA lists agencies and people consulted on pages 41 and 42 FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS This decision is consistent with the Wallowa-Whitman Land and Resource Management Plan as required by the National Forest Management Act. The project was designed in conformance with Forest Plan decisions (as amended by PACFISH/INFISH) for protection of water and soil resources and maintenance and improvement of fisheries habitat. As noted earlier, it was designed to meet installation criteria outlined in ARBO, as well as monitoring requirements put forth by Level I Team guidance Consistency with National Historic Preservation Act (NHPA). Archaeology surveys were completed in August 2011 on the culvert replacement sites. No cultural material was identified at the project locations. The repair and replacement of the culverts will be excluded from case-by-case review because the proposal has little or no potential to affect historic properties. The proposals qualify under stipulation III (A) 2 programmatic agreement, removing and replacing non-historic culverts that are located entirely within the road prism. It is recognized that even the most intensive field surveys may not locate all heritage sites, the decision includes the requirement that: If cultural resources are located during implementation, work will be halted and a Wallowa Whitman Archaeologist will be consulted. The cultural resource will be evaluated and a mitigation plan developed, as needed, in consultation with the Oregon SHPO. Finding of No Extraordinary Circumstances After considering the proposal, its purpose and need, and the results of the interdisciplinary analysis, I have determined that this project does not have extraordinary circumstances relative to the following categories as identified in Forest Service Handbook , Chapter 30.3, Part 2: Steep slopes or highly erosive soils (none present) Threatened or endangered species or their critical habitat (see above) Floodplains or wetlands (buffered) or municipal watersheds (none present) Congressionally designated areas (none present) Decision Notice/Finding of No Significant Impact 4

5 Inventoried Roadless areas (none present) Research Natural Areas (none present) Native American sites or archaeological sites/properties (avoided; none within project work areas) Field inspections and reconnaissance indicated no extraordinary circumstances related to the proposed action for any fish species that warrant further analysis and documentation in an EA or EIS (FSH Chapter 30). Terms and Conditions measures required by USFWS and NOAA Fisheries as per the Biological Opinion has been determined to mitigate any effects associated with culvert replacement project (See Fisheries Short Form Biological Evaluation for this project, Appendix A). The terms and condions will guide work site actions, reclamation, monitoring, and recovery. Finding of Consistency with Applicable Forest Service Management Direction After reviewing the results of the interdisciplinary analysis for this project, I find the project consistent with the standards, guidelines of the Wallowa-Whitman National Forest Land and Resource Management Plan (1990) as amended. This project meets the riparian standards contained the Regional Forester s Plan Amendment #4 (PACFISH/INFISH). The project will improve fish habitat and maintain water quality by construction of stream crossing that meet ARBO criteria. Finding of Consistency with Applicable Federal Laws and Regulations, Including ESA Due to temporary sedimentation from culvert installation the project May Affect But is Not Likely to Adversely Affect Mid-Columbia Steelhead (Oncorhynchus mykiss), and Bull Trout, (Salvelinus confluentus). The proposed project would not contribute to the loss of viability or move any species toward federal listing. Due to the limiting of ground disturbance to the road prism, and the results of past surveys showing no sensitive plant species in the area, the proposed project will have No Impact on sensitive plant species. According to a pre-field review, there are no currently listed threatened, endangered (T&E) or proposed plant species within the project area. There is no known potential habitat within the project area for the following federally listed threatened, endangered or proposed plant species: Howellii aquatilis, Mirabilis macfarlanei, Thelypodium howellii ssp. Spectabilis, and Silene spauldingii. Implementation of this project would have No Effect on any federally listed plant species. The project is consistent with the Clean Water Act and Forest Plan standards for fish as it will not retard attainment of Forest Plan riparian management objectives (RMOs) for aquatic habitat (large woody debris, replacement large woody debris, pool frequency, bank stability, width-to-depth ratio, sediment/substrate, shading, and water temperature). A Finding of No Significant Impact (FONSI) and EA were considered. I determined these actions will not have a significant effect on the quality of the human environment, and an Environmental Impact Statement (EIS) will not be prepared. Finding of No Significant Impact (FONSl) The selected alternative, with the specified management requirements, constraints, and mitigation measures, provides the best combination of physical, biological, social, and economic benefits. Based on the site-specific environmental analysis documented in the Environmental Analysis, I have found that Alternative 2 is not a major Federal action, individually or cumulatively, and will not significantly affect the quality of the human environment. Therefore, an environmental impact statement is not needed. This finding is based on the following factors: Decision Notice/Finding of No Significant Impact 5

6 1. This is not a significant federal action. Impacts that may be both beneficial and adverse are discussed in Chapter 3 of the EA. These impacts are within the range of those identified in the Forest Plan. The actions will not have significant impacts on other resources identified and described in Chapter 3. The effect of the decision to be made is non-significant in the long and short term (EA, Chapters 2 and 3). 2. Public health and safety will not be impacted by the proposed activities. This finding is based on past similar projects, and the fact that no effects to public health or safety have been identified either by the interdisciplinary team or through public comment in this site-specific analysis. The scope of the culvert replacements, road re-alignment and channel modification is limited to the site-specific project area. These actions are not expected to present significant hazards to workers or the public. 3. This project proposal does not affect any unique geographical characteristics such as parklands, prime farmlands, wild and scenic rivers, or ecologically critical areas, including, no impacts to road less areas or potential wilderness areas anticipated from Alternative 2 (EA pg. 8). 4. Based on public participation, the effects on the quality of the human environment are not likely to be highly controversial. My decision falls within the scope of the analysis for the goals, objectives and standards for the current RMO s, as well as the Endangered Species Act of The desired future condition, standards and guidelines and the analysis for the Forest Plan, support such projects that will enhance watershed restoration efforts. Effects on the quality of the human environment are not considered highly controversial because it s a project that is beneficial to the public and resources alike. With similar projects implemented across the Forest for many years the resulting effects are well known. My decision does not include activities that were not already addressed in the Forest planning process. 5. There are no known effects on the human environment that are highly uncertain or involve unique or unknown risks associated with this project. Activities associated with culvert removal and placement on National Forest system lands are common practices and the effects are well known. The EA effectively addresses and analyzes issues and environmental impacts associated with the project (EA, Chapter 3). These actions pose no disproportionately high or adverse human health or environmental effects, including social and economic effects, and effects on minority or low income populations. This project has shared in the federal government's overall trust responsibility to Indian tribes where treaty or other legally defined rights apply to National Forest System lands. Consultation has incorporated opportunities for tribal comments and contributions to the proposed action. Local Tribes were provided information on this project (EA Chapter 4 page 41). 6. These actions do not set a precedent for other projects that may be implemented to meet the goals and objectives of the Wallowa-Whitman National Forest Land and Resource Management Plan (Forest Plan). The Forest Plan has set goals to maintain or enhance the unique and valuable characteristic of riparian areas and to maintain or improve water quality, wildlife and fish habitat near or within riparian ecosystems. The Forest Plan also preserves and manages habitat for the perpetuation and recovery of plants, animals and invertebrates which are listed as threatened, endangered or sensitive. Protection and enhancement of anadromous fish habitat, particularly in the John Day River drainage is a region 6 priority. Alternative 2 is consistent with management direction for this goal (EA, Page 4). 7. There are no known significant adverse, cumulative, or secondary effects between this project and other projects (completed, active, or planned) adjacent to the affected area. Effects to the basic resource values of soil, water, vegetation, fish and wildlife were estimated and determined to be localized and limited. This Decision Notice/Finding of No Significant Impact 6

7 determination is based on the results of cumulative effects analyses discussed in the EA that considered past, existing, and proposed activities (EA pages 6, 27, 31, 32, 42 and 43). 8. Based on a cultural resource inventory and report, the known cultural, scientific, or historical resources within the project area have been protected during project design (EA Chapter 1 page. 7). Cultural resource surveys have been conducted, following inventory protocols approved by the State Historic Preservation Officer (SHPO). To ensure protection of archaeological sites, site specific surveys would occur prior to implementation of any new ground disturbing activities (i.e. improvements). This analysis was documented in a report sent to the Oregon SHPO on November 2012 (Cultural Report, project file). Native American communities have been contacted (Confederated Tribes of the Umatilla Indian Reservation) and public comment encouraged (EA Chapter 1 page 6). 9. The action will not affect any endangered or threatened species or its designated critical habitat such that the species is in jeopardy as outlined in the endangered species act of (EA, Chapter 3, pages 32, 33 and 34). Summer Steelhead and Designated Critical Habitat: The replacement of the three culverts and related road/stream alignments May Affect, and is Likely to Adversely Affect Mid-Columbia River steelhead for a short-term period, but long term beneficial effects are expected for steelhead (Chapter 3 Page 31). Bull Trout and Critical Habitat: The replacement of the three culverts and related road/stream alignments May Affect, but are Not Likely to Adversely Affect Columbia River Basin bull trout (Chapter 3 page 32). Essential Fish Habitat (EFH): In 2003, NMFS published final rules to implement the EFH provisions of the Magnuson-Stevens Act (50 CFR Part 600), and, in 2006, issued a memo providing additional guidance to refine the description and identification of EFH (NMFS 2006). Bull Run and Deep Creek are considered EFH for Chinook salmon based on the final rule. This project May Affect, and is Likely to Adversely Affect essential fish habitat for a short-term period, but long term beneficial effects are expected for habitat conditions (Chapter 3 Pages 32 and 33). Threatened and Endangered Species, (TES Plants): There are no currently listed threatened, endangered (T&E) or proposed plant species within the project area. There is no known potential habitat within the project area for the following federally listed threatened, endangered or proposed plant species: Howellii aquatilis, Mirabilis macfarlanei, Thelypodium howellii ssp. Spectabilis, and Silene spauldingii. Project implementation would have no effect on any federally listed plant species (EA Chapter 1 Page 7). 10. The actions described for this project in the EA do not threaten or violate Federal, State, or local law or requirements imposed for the protection of the environment. Applicable laws and regulations were considered in the EA (page 22) the action is consistent with the Wallowa-Whitman National Forest Land and Resource Management Plan. After considering the effects of the actions analyzed, in terms of context and intensity, I have determined that these actions will not have a significant effect on the quality of the human environment. Therefore, an environmental impact statement will not be prepared. ADMINISTRATIVE REVIEW (APPEAL) OPPORTUNITIES This decision is not subject to appeal pursuant to 36 CFR No comments expressing concerns or only supportive comments were received during the 30 day comment period on the proposed action (36 Decision Notice/Finding of No Significant Impact 7

8 CFR (e) (1)). Legal notice beginning the comment period of these decisions was first published in the BAKER CITY HERALD, Baker City, Oregon on April 18, IMPLEMENTATION DATE Work will be implemented during the in-stream work window from July 15 through August 15, during 2013 and CONTACT Ray Lovisone, Biological Science Technician, Whitman Ranger District, PO Box 947 Baker City OR June 24, 2013 Jeff Tomac Date District Ranger, Whitman Ranger District Wallowa-Whitman National Forest 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 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. Decision Notice/Finding of No Significant Impact 8

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