West Branch LeClerc Creek Watershed Restoration Project Environmental Assessment

Transcription

1 West Branch LeClerc Creek Watershed Restoration Project Environmental Assessment Decision Notice, Finding of No Significant Impact, and Response to Public Comments April 2015 USDA Forest Service Colville National Forest Newport-Sullivan Lake Ranger Districts Pend Oreille County, Washington

2 West Branch Leclerc Creek Watershed Restoration Project Environmental Assessment The decision includes: Water Quality/Fish Habitat Improvement Relocation of a portion of NFS road , which will include: o o o Approximately 0.7 miles of new road construction connecting the existing road with the replacement road; Approximately 1.2 miles of road improvement on the existing and 554 restricted roads on land owned by Stimson Lumber Company; Obliteration of approximately 1.8 miles of NFS road Obliteration will include some contouring, and revegetation. Exposed soils will be seeded and/or planted with Forest Service approved native species and re-vegetated within a few growing seasons. o There will be a small amount of timber harvest on a tree-by-tree basis within MAs 5 and 7 a long the location of the new road construction. Removal of three fish passage barriers, restoring aquatic passage to approximately 4.5 miles of habitat. Approximately 3.5 acres of land will be returned to forest productivity through the road obliteration process. Table l. Transportation System Changes with this Decision Transportation System Change I Approximate Length I (miles} f New road construction ----1~ r Road reconstruction/improvement I 1.2 I Road obliteration r Road closures, ft. Culvert removal I 3 (culverts) Follow all Best Management Practices (BMPs) and project design criteria and mitigation stated in the EA (design criteria and mitigation: EA pages 10-11; BMPs are in the Hydrology report in the project files). Monitoring Plan Monitoring of the revegetation survival in the area of the obliteration will occur for three years post project. Sedimentation and erosion will be monitored until vegetation re-establishes and provides adequate filtering of runoff. Modifications will be performed as determined to be necessary. (EA page 11) Page 3

3 West Branch Leclerc Creek Watershed Restoration Project Environmental Assessment bearing streams, to minimize number of crossings on fish bearing streams and to minimize sediment input (forest Plan pp. 4:50-54) by restoring stream processes and passage for all life stages of resident trout in upper West Branch Leclerc Creek, Saucon Creek, and unnamed tributaries in the project area. The need for this project is derived by comparing current ecological conditions to the desired conditions described in the Goals, Objectives, and Management prescriptions in the Forest Plan and the INFISH amendment. The condition of the road segment and stream crossings were determined through the use of fish passage barrier assessments, watershed action plans, and field observations. This project is needed because the existing road stream crossing structures obstruct passage for all aquatic organisms at three locations and has high level of sediment delivery to the local streams as evidenced by rills and gullies located in proximity to the road crossing sites. It was observed that five culverts within this segment of the road were 100 percent barriers to fish passage, isolating fish populations within the West Branch LeClerc Creek system. The Saucon Creek culvert is showing high potential for imminent failure from slumping on the fill slope. As the probability of a road closing failure increases at these stream crossing sites, with culverts at or near the "end of life'' expectancy, there is increased risk of detrimental effects to key ecosystem components like watershed function and wildlife habitat. Removing fish barrier culverts and redundant roads will increase the miles of stream habitat available to aquatic organisms and reduce elevated levels of sediment delivery effecting water quality. Under historic stream conditions, fish such as bull trout were plentiful within the Leclerc Creek system. The Forest Plan directs the replacement of stream crossing structures which prevent passage of fish and other aquatic organisms {Forest Plan pp. 4:54). Washington State law (RCW ) requires that dams or other obstructions in Washington streams have "durable and efficient fishways" and that those fishways are maintained for effectiveness at all times. The Forest Service cooperates with the State to implement and ensure consistency with State laws and policy on forest lands where endangered species are present as required under the Endangered Species Act (16 USC S-1531 [ESA S-2]). Restoring stream functions will improve sustainability and resiliency in this ecosystem. Issues Using the comments from the public, Stimson, Kalispel Tribe, and members of the interdisciplinary team, key issues were identified and addressed in the project. Please see Appendix A of this Decision Notice for a list of comments and concerns raised by the public and how I considered these comments when making this decision. These issues were used to compare the alternatives. Existing stream crossing structures are 100% barriers to fish passage. Measure: The number of barriers removed to provide aquatic organism passage and miles of stream habitat opened. High sediment delivery from road crossings area streams. Measure: The number of stream crossings removed and stream channels returned to natural condition. Non key issues identified during project scoping include the following: Concern regarding cost of relocating the road versus replacing barrier culverts with aquatic organism passage structures. Page 5

4 West Branch LeClerc Creek Watershed Restoration Project Environmental Assessment Clean Air Act The potential for the proposal to impact air quality was analyzed (EA pages 1). The proposal will have no impact on air quality nonattainment areas or Class I air sheds, and meets the Clean Air Act. Clean Water Act The potential for the proposal to impact water was analyzed (EA pages 5, and 37). Stream segments listed as water quality impaired were given special consideration so as to improve conditions (See Hydrology Report October 2014). Sedimentation due to restoration projects will be minimal and short-term. On February 7, 2014, President Obama signed into law the 2014 Farm Bill, H.R Section of the Bill (Silvicultural Activities) amends the Clean Water Act to make clear that a National Pollutant Discharge Elimination System permit is not required for stormwater runoff from logging roads and other specified forestry activities. This law follows the U.S. Supreme Court decision Decker v. NEDC, 133 S. Ct (2013}, which reversed a U.S. Ninth Circuit Court of Appeals decision and upheld EPA's interpretation of its own regulations to exclude stormwater runoff from logging roads as a discharge associated with industrial activity subject to NP DES permitting under Section 402 of the Clean Water Act. Nevertheless, the Ninth Circuit subsequently revived the specific issue of whether stormwater runoff collected in a system of ditches, culverts and channels are point sources to which Clean Water Act NPDES permit requirements apply. NEDC v. Decker, 728 F.3d 1085 (9th Cir. Aug. 30, 2013). To end this uncertainty, the new law specifically eliminates any NPDES permit requirement for any discharge from runoff resulting from the following forestry activities conducted in accordance with standard industry practice: Nursery operations; Site preparation; Reforestation and subsequent cultural treatment; Thinning; Prescribed burning; Pest and fire control; Harvesting operations; Surface drainage; or Road construction and maintenance. The new statute also excludes any non-permitting program established under Section 402{p){6) of the Clean Water Act or other limitations that might be deemed to apply to the activities listed above from the citizen suit provisions of Section SOS( a) of the Clean Water Act. The law should therefore eliminate any uncertainty associated with a portion of the EPA's preexisting regulation known as the Silviculture Rule, 40 C.F.R , that defines these same activities as nonpoint source silviculture activities which are not subject to a NP DES permit requirement. The new law does not change the status of other permitting requirements, such as requirements for a Section 404 Dredge and Fill Permit. Logging and other forest road operators will continue to be subject to state best management practices and similar rules that protect water quality from excessive erosion and sedimentation. However, Congress has clearly directed that EPA shall not require or direct any states to Page 7

5 West Branch Leclerc Creek Watershed Restoration Project Environmental Assessment Hydrology and Fisheries: There will be an immediate, small short-term increase in sediment, but an overall reduction in sediment risk and a net decrease in sediment yield long term. Wildlife: The project will be consistent with all standards and objectives in the LCAS pertaining to timber management and forest/backcountry roads and trails. Because the project has some potential to temporarily disturb and displace lynx, the project as proposed "may affect, but is not likely to adversely affect" Canada lynx. There will be a slight increase in core habitat for grizzly bears after project completion in terms of acres and there will be no change in the percent of core habitat in the BMU. Suitable habitat for caribou does not exist in proximity to any project work site. Roads/Transportation System: The transportation system will be improved by reducing the redundant road system, by relocating the road onto an existing road with fish passable structures already installed. Soil: Road decommissioning will allow these soils to start to recover very slowly; natural processes will be allowed to resume. 2. The degree to which the proposed action affects public health or safety. [40 CFR (b)(2)] There are a number of health and safety hazards to forest Service employees and the general public with carrying out the proposed action. None are unusual or unique to the West Branch LeClerc Creek Restoration project. These are discussed in chapter 3 of the EA; Aquatic Resources pgs 14-17; Wildlife pgs 17-30; Transportation pgs Based on the discussions in the EA and review of many similar projects, these public health and safety effects are determined not to be significant. 3. Unique characteristics of the geographic area such as the proximity to historical or cultural resources, parklands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas. [40 CFR (b)(3)1 There will be no effect of any alternative to prime farmland or rangeland associated with the implementation of any proposed alternative, provided design criteria listed in chapter 2 and BMPs {Hydrology report in the project files) are fully implemented. (EA chapter 2 Design Criteria pgs ) 4. The degree to which the effects on the quality of the human environment are likely to be highly controversial. [40 CFR {b)(4)J There is no known scientific controversy over the impacts of the project. Management actions such as those discussed in Alternative Bare done in other areas throughout this Forest and on many other National Forests. Consumers, civil rights, minority groups, public health and safety, and women will not be significantly affected (EA pages [environmental justice]. 5. The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks. [40 CFR (b)(5)] We have considerable experience with the types of activities to be implemented. The effects analysis shows the effects are not uncertain, and do not involve unique or unknown risk. While any action carries some degree of risk, Alternative B was designed, and the analysis summarized in the EA was carefully completed, to minimize unique or unknown risks. In addition, the design criteria and Best Management Practices (EA pages 10-11) will ensure that the effects will be similar to those predicted in the EA. There were no highly uncertain, unique, or unknown risks identified in any of the effects analyses conducted for the West Branch Leclerc Creek Restoration project. (EA, chapter 3) Page 9

6 West Branch LeClerc Creek Watershed Restoration Project Environmental Assessment Objection Period Summary and Expected Implementation The EA was made available to the public who had standing for a 45-day objection period when the legal notice was published in the Newport Miner, the newspaper of record, on April 1, No objections were received between April 1, 2015 and May 22, 2015 during the 45-day objection period and the 5- business day period after the objection period allowed for mailed objections to arrive. The project is expected to be implemented beginning summer CONTACT PERSON For further information regarding this project, contact: Michelle Paduani, District Environmental Coordinator Newport-Sullivan Lake Ranger Districts 315 North Warren Newport, Washington {509) ATURE OF THE RESPONSIBLE OFFICIAL If sv1 8 JOJ:J District Ranger Newport-Sullivan Lake Ranger Districts Date "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 TOD). 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." Page 11