Beaverhead-Deerlodge National Forest Madison Ranger District

Transcription

1 United States Department of Agriculture Forest Service Beaverhead-Deerlodge National Forest Madison Ranger District 5 Forest Service Road Ennis, MT File Code: 1950 Date: April 19, 2013 Dear Interested Party: The Madison Ranger District is publishing the West Fork Blacktail Deer Creek Hardened Crossing proposal for a 30-day scoping and public comment period. Please see the How to Comment section on page 6. Background The project is in the Gravelly Landscape, Snowcrest Recommended Wilderness Management Area in the Southwest Corner C&H Allotment in Beaverhead County, T12S, R4W, Section 30. Livestock use the crossing on West Fork Blacktail Deer Creek, southwest of Antone Cabin which is a 303d listed stream. It is highly eroded and introduces excessive fine sediment into the perennial stream channel. Figure 1. Existing condition of crossing on West Fork of Blacktail Deer Creek 2012 Purpose and Need The site is a perennial livestock crossing. Note how the stream bank in Figure 1 above, is incised in several places widening the channel which lowers temperatures for fish, and the bank is trampled up Caring for the Land and Serving People Printed on Recycled Paper

2 and down the stream. The approaches are soft and muddy, saturated to the point the soil becomes boggy, adding sediment to the creek. We seek to harden the crossing to protect the stream from sedimentation, restore the channel, and prevent widening and erosion at the crossing. We propose to harden the stream crossing by: Installing in-channel grade control structures immediately up and downstream of the crossing, Lowering the streambank approaches to a 1:4 grade, Placing and compacting gravel over cobble sized rock material on both approaches to stabilize the crossing and accommodate livestock. Installing a short jackleg fence at each approach to keep livestock from moving up or down the stream channel when using the crossing. Mitigation and Design Features Required by This Decision: Aquatics The aquatic resource specialist will accompany range staff during installation to insure the crossing compliments stream morphology. A 124 Stream Protection Act permit from Montana Fish Wildlife & Parks (MTFWP) will be acquired for this action. Hydrology To ensure proper design and implementation a hydrology or fisheries representative will be onsite during implementation. Additional sediment mitigations may be necessary if feasible to limit sediment production during implementation on this 303 listed stream. The project may include dewatering the channel to complete work and use of fabric and/or filter strips to catch increased sediment. Heritage The South Zone Archaeologist should be notified if any historic or prehistoric cultural resources are identified during the course of project implementation. Scenery Minimize amount of disturbed area to that necessary to construct the crossing, and construct crossing to encourage/allow revegetation as soon as possible. Minimize the amount of fencing required to guide cattle into the crossing. Soils Construction of the crossing would occur when soils are dry to avoid compaction due to machinery driving in areas not immediately affected by the crossing. Noxious Weeds Noxious weeds will be controlled following procedures in the Noxious Weed Control Program ROD (2002) for the Beaverhead-Deerlodge National Forest. 2

3 Wildlife Protect all migratory and non-migratory bird nests within project areas. If raptor nests are observed in the project areas, notify Wildlife Biologist. If threatened or sensitive species are observed at or within ½ mile of the project area, notify the Wildlife Biologist within 24 hours. Reasons for Categorically Excluding the Proposed Action An action may be categorically excluded from further analysis and documentation in an environmental impact statement (EIS) or environmental assessment (EA) if it is within one of the categories identified by the USDA in 7 CFR part 1b.3 or 7 CFR part 1b.3 or 36 CFR 220.6(d) or (e), and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative effect on the quality of the human environment. This project has been reviewed in accordance with FSH Chapter 30. I have determined the project fits within the following category 36 CFR (e)(7). Modification or maintenance of stream or lake aquatic habitat improvement structures using native materials or normal practices. My decision is based on a review of the project record that shows a thorough review of relevant scientific information, a consideration of responsible opposing views, and the acknowledgement of incomplete or unavailable information. The record includes the following resource specialist reports: Biological Assessments and Evaluations for Aquatics, Botany, and Wildlife Tribal and Heritage Resource findings Soils Report Hydrology Report Recreation Report Scenery Report By definition, categorical exclusions do not individually or cumulatively have significant effects on the human environment (40 CFR ). Resource specialists considered direct and indirect effects from the proposed action coupled with past, present, and reasonably foreseeable actions. I have examined the proposed action and the effects analyses disclosed in the above resource specialist reports and have concluded that without notable individual effects from the proposed action, there would be no discernible cumulative effects. The interdisciplinary team reviewed the resource conditions listed in FSH Chapter 30 (31.2) and other concerns applicable to this project to determine whether any extraordinary circumstances exist. The mere presence of one or more of the resource conditions listed below does not preclude the use of a categorical exclusion. 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 potential effect of a proposed action on these resource conditions that determine whether extraordinary circumstances exist. The resource specialist reports have provided the necessary information to make a determination on the cause-effect relationship between the proposed action and the potential effect on the resource conditions listed below and thus the presence of extraordinary circumstances, as summarized below. RESOURCE CONDITION Federally listed threatened or POTENTIAL EFFECT Threatened or Endangered Species: There 3

4 RESOURCE CONDITION endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. Floodplains, wetlands, or municipal watersheds Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas. POTENTIAL EFFECT would be no effect to the threatened grizzly bear. Sensitive Species: No Impact all other sensitive terrestrial, aquatic, and plant species. There is no municipal watershed in the area therefor negative impacts are not predicted. Short term erosion may contribute sediment to the stream but will be far outweighed by long term benefits to floodplains and wetlands associated with the stream. No congressionally designated areas occur in or near the project; therefore no negative impacts to any congressionally designated areas are projected. Inventoried Roadless Areas (IRA) The project takes place in the Snowcrest Recommended Wilderness Management Area which is also an IRA. American Indians and Alaska Native religious or cultural sites. Archaeological sites, or historic properties or areas. The project has been inventoried for cultural resources with negative results. It is recommended that the project proceed in accordance with the Region 1 Forest Service Programmatic Agreement with the Montana State Historic Preservation Office. A categorical exclusion is appropriate in this situation because the proposed action fits within the category described above and there are no extraordinary circumstances present. Scoping and Public Involvement The project was published on the SOPA on March 8, The proposal was provided to interested members of the public and other agencies for comment during initial scoping period on March 8, 2012 to April 6, The Supervisor for Region 3, Montana Fish, Wildlife, and Parks wrote supporting the hardened crossings. Sara Jane Johnson of Native Ecosystem Council wrote expressing support for several projects including this one and a request she be provided any monitoring results and updates as to the success of the West Fork Blacktail Deer Creek... in regards to effectiveness and reduction of livestock damage. The full content of all correspondence is available upon request. FS Response: We monitor with photos, as shown in these in Figures 2 thru 5, of two crossing projects on Tributary Creek. Note the change in stream channels and banks in the year following the hardening projects. 4

5 BEFORE AFTER Figure 2. Upper Tributary Crossing 2010 Figure 3. Upper Tributary Crossing 2011 Figure 4. Lower Tributary Crossing 2010 Figure 5. Lower Tributary Crossing 2011 Monitoring photos of the West Fork of Blacktail Deer Creek project will be available by request when the project is finished. Because of funding at this point, it may not take place until Forest Plan Direction The National Forest Management Act (NFMA) requires the development of long-range land and resource management plans. The Beaverhead-Deerlodge National Forest Plan was approved in 2009 and provides guidance for all natural resource management activities on the Beaverhead-Deerlodge National Forest. NFMA also requires that all projects and activities be consistent with the plans. The decision is consistent with Forest Plan direction including all applicable standards. Forestwide Goals for Aquatic Resources: Stream Channels: Stream channel attributes and processes are maintained and restored to sustain natural desired riparian, wetland, and aquatic habitats and keep sediment regimes as close as possible to those with which riparian and aquatic ecosystems developed (IN 2), (FP pg. 13). 5

6 Riparian Habitat: Habitat to support viable, well distributed populations of native and desired nonnative plant, invertebrate, and vertebrate aquatic- and riparian-dependent species are maintained or restored. Movement corridors within and between watersheds, where desired, are maintained or restored to provide aquatic-dependent species habitat needs and maintenance of metapopulations, (IN 8). Riparian and aquatic habitats necessary to foster the unique genetic fish stocks that evolved within the specific geo-climatic region are maintained or restored (IN 7) (FP pg. 14). Channel Integrity: Stream channel function and water quality are maintained or restored to support designated beneficial uses on all reaches through management decisions, restoration projects or Best Management Practices as outlined in the Soil & Water Conservation Practices Handbook (FP pg. 14). Stream Crossings: Culverts, bridges, and other stream crossings can accommodate a 100-year flood, including associated bedload and debris (RF 4). (FP pg. 16) Findings Required by Law National Forest Management Act - The Beaverhead-Deerlodge National Forest Land and Resource Management Plan (Forest Plan) was approved in 2009, as required by this Act. The Forest Plan has been reviewed in consideration of this project and the project meets all applicable management direction found in the 2009 Beaverhead-Deerlodge Forest Plan including consistency with all applicable standards. Endangered Species Act - See Reasons for Categorically Excluding the Proposed Action Section of this document for a thorough discussion of the effects of this project to Endangered, Threatened, or Candidate Species. This project is consistent with the requirements of the Endangered Species Act. Sensitive Species (Forest Service Manual 2670) - This direction requires analysis of potential impacts to sensitive species and the Regional Forester approved the sensitive species list on January 4, Our review of the potential effects of this decision upon the sensitive species has been completed and the analysis documented in the project file and Resource Condition Table above. Environmental Justice (Executive Order 12898) - This Order requires consideration of whether projects would disproportionately affect minority or low-income populations in or around the project area. Based on internal review and public scoping, the proposed action did not identify any adversely impacted local minority or low-income populations. Clean Water Act The intent of the Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through the use of Best Management Practices (BMPs). This decision incorporates Best Management Practices to ensure protection of soil and water resources and complies with the Clean Water Act and State water quality standards. Clean Air Act Under this Act, areas of the country were designated as Class I, II or III airsheds for Prevention of Significant Deterioration purposes. Impacts to air quality have been considered for this decision. All burning will be conducted under the guidelines of the Idaho/Montana State Airshed group. Burn permits will be obtained per Montana DEQ regulations. The National Historic Preservation Act As discussed earlier in this document and in detail in the project file, impacts to cultural resources are not expected. Migratory Bird Treaty Act There will be no known substantial losses of migratory bird habitat expected from the implementation of this proposal. 6

7 National Environmental Policy Act - This Act requires public involvement and consideration of potential environmental effects. This document and the project record provide documentation for this decision which supports compliance with this Act (See Section II of this document). Other Laws or Requirements The proposed action is consistent with all other Federal, State, and/or local laws or requirements. How to Comment and Timeline Public comments on this proposal are invited and encouraged. No decision has been made yet. This comment period provides people interested in, or affected by, this proposal an opportunity to make their concerns known prior to a decision by the Responsible Official. Only those who provide timely comments will be eligible to appeal the decision pursuant to 36 CFR part 215 regulations. Comments received in response to this solicitation, including names and addresses of those who comment, will be considered part of the public record and will be available for public inspection. Written, facsimile, hand-delivered, oral, and electronic comments will be accepted for 30 calendar days following publication of the legal notice in the Montana Standard. The publication date in the newspaper of record is the exclusive means for calculating the comment period for this proposal. You should not rely upon dates or timeframe information provided by any other source. For appeal eligibility each individual or representative from each organization submitting comments must either sign the comments or verify identity upon request. Written comments should be mailed to: District Ranger, Madison Ranger District, 5 Forest Service Road, Ennis, MT 59729, Telephone (406) / FAX (406) your comments to: comments-northern-beaverhead-deerlodge@fs.fed.us and please type WF Blacktail Hardened Crossing in the subject line. An automated electronic acknowledgement from the agency should normally be generated by ed comments, as confirmation of receipt. If the sender does not receive an automated acknowledgement, it is the sender s responsibility to ensure timely receipt by other means. Acceptable electronic formats include text (i.e. ASCII text or html) and Word or PDF documents. The district office is open from 7:30 AM to 4:30 PM Monday through Friday excluding federal holidays for hand-delivered comments. Comments should include: 1) name, address, phone number, and organization represented, if any; 2) title of project on which the comments are being submitted; and 3) specific facts and supporting information for the responsible official, Ken Harris, District Ranger, to consider. For more information, please call Art Hall at the Sheridan Work Center (406) Sincerely, /s/ Ken Harris KEN HARRIS Madison District Ranger 7