United States Department of Agriculture Forest Service Monongahela National Forest Greenbrier Ranger District Box 67 Bartow, WV 24920 Phone (304) 456-3335 File Code: 2020/2070/1950 Date: November 15, 2012 Scoping and 30-Day Notice and Comment Period for Dear Interested Parties: The Forest Service is proposing to plant approximately 1,000 seedlings from blight-resistant American chestnut trees over 3 acres on the Greenbrier Ranger District of the Monongahela National Forest. This letter is to inform you of the proposal and to invite you to participate by providing any comments or information that you have concerning the proposal. I. Type of Analysis to be Conducted This proposal potentially falls in a category of actions excluded from analysis in an Environmental Assessment (EA) or Environmental Impact Statement (EIS), as proposals of this type individually and cumulatively do not have a significant effect on the human environment (36 CFR 220.6(e)). Forest Service categorical exclusions are defined in the Forest Service Handbook, at FSH 1909.15 (Environmental Policy and Procedures Handbook), Chapter 30 (Categorical Exclusion from Documentation), Section 30.3 (Policy), which states that and 1. A proposed action may be categorically excluded from further analysis and documentation in an environmental impact statement (EIS) or environmental assessment (EA) only if there are no extraordinary circumstances related to the proposed action 2. Resource conditions that should be considered in determining whether extraordinary circumstances related to the proposed action warrant further analysis and documentation in an EA or an EIS are [see resource conditions in Section VII below]. The mere presence of one or more of these resource conditions does not preclude 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 the potential effect of a proposed action on these resource conditions that determine whether extraordinary circumstances exist. (36 CFR 220.6(b); FSH 1909.15, Section 32.2(6)). This proposal falls under category FSH 1909.15, Chapter 30, Section 32.2(5), and 36 CFR 220.6(e)(5): Regeneration of an area to native tree species, including site preparation that does not involve the use of herbicides or result in vegetation type conversion. 1 of 6
II. Public Involvement Process: How to Get Additional Information, Provide Comments, and Qualify to Appeal the Decision A recent court ruling (Sequoia Forestkeeper v. Tidwell) requires that actions that can be categorically excluded using categories found at 36 CFR 220.6(e) be subject to public notice, comment, and opportunity for administrative appeal. Therefore, this decision is subject to a 30- day notice and comment period, and appeal in accordance with 36 CFR 215. Scoping and the 30-day notice and comment period for this project are being initiated with this letter and with the publication of a legal notice in The Pocahontas Times, the newspaper of record for this project. Relevant comments will help guide the analysis. Written, faxed, hand-delivered, oral, and electronic comments concerning this action will be accepted for 30 calendar days following the publication of this notice in The Pocahontas Times. The publication date in the newspaper of record is the exclusive means for calculating the comment period for this analysis. Those wishing to comment should not rely upon dates or timeframe information provided by any other source. The regulations prohibit extending the length of the comment period. It is the responsibility of persons providing comments to submit them by the close of the comment period. To provide comments, request additional information, or if you wish to receive future information on this proposed project, you must contact Kristine Vollmer, the Environmental Coordinator for this analysis: Phone: (304) 257-4488. Leave a message with your name and phone number if Kristine is not available, and she will return your call. Fax: 304-257-2482 (Attn: Kristine Vollmer) Mail or In Person: Monongahela National Forest Attn: Kristine Vollmer 2499 North Fork Highway Petersburg, WV 26847 The office business hours are Monday through Friday, 8:00 to 12:00 and 12:30 to 4:30. E-mail: comments-eastern-monongahela-greenbrier@fs.fed.us. Please include the project name in the subject line of the e-mail. Electronic comments must be submitted in a format such as an email message, plain text (.txt), rich text format (.rtf), Portable Document Format (pdf), or Word (.doc)-compatible document. The final decision on this project will be subject to appeal pursuant to 36 CFR 215.11; unless no comments expressing concerns (or only supportive comments) are received during this 30-day comment period (36 CFR 215.12(e)(1)). Appeals may be filed by persons or non-federal organizations or entities that provide comments or otherwise express interest in the proposed action by the close of the comment period. For appeal eligibility, each individual or representative from each organization submitting comments must either sign the comments or verify identity upon request. Individuals and organizations wishing to be eligible to appeal must meet the information requirements of 36 CFR 215.6.Comments received in response to this solicitation, including names and addresses of those who comment, will be considered part of the public record on this proposed action, and will be available for public inspection. 2 of 6
Figure 1. Vicinity Map 3 of 6
III. Project Location The project area, an estimated 3 acres, is located on the Greenbrier Ranger District of the Monongahela National Forest. Planting would take place in Stand 75 in Compartment 98. This stand is located south of Thornwood, in Pocahontas County, West Virginia (see Figure 1). The area is south of Lake Buffalo and Forest Road 54D. IV. Purpose and Need for the Proposal The MNF is proposing to take action to establish American chestnut and test their resistance to the chestnut blight fungus. American chestnut was once a very common tree in the forests of West Virginia. With the introduction of the chestnut blight fungus from Asia in the early 1900s, American chestnut was all but eliminated from eastern forests. In the 1980s, a breeding program was started to produce American chestnuts that are resistant to chestnut blight fungus by breeding American chestnut and Chinese chestnut. After 30 years, the breeding program has produced American chestnuts believed to be highly resistant to the chestnut blight fungus. In 2008, the American Chestnut Foundation and the Forest Service entered into an agreement to plant the resistant American chestnut on National Forests in the native range of American chestnut. V. Forest Plan Direction Forest Plan (2006, as updated in 2011) direction most applicable to the proposed Grassy Knob American Chestnut Planting project is described below. This project proposal is designed to comply with Forest Plan and other relevant direction. VI. Goal 6132 in Management Prescription (MP) 6.1 (p. III-32): Maintain, restore, or enhance mast-producing trees and habitat diversity. Goal VE07 (p. II-18): Maintain or restore rare plant communities or individual populations to contribute to the biodiversity of the forest. Goal VE09 (p. II-18): Work with researchers, ecologists, geneticists and other interested parties to develop seed zones or breeding zones for native plants. Forest Plan Appendix A Vegetation Management Practices (p. A-16): Planting: Although hardwood forests normally regenerate naturally after a timber harvest occurs, planting is sometimes used in stands to improve species diversity. Competition for sunlight, moisture, and soil nutrients is intense when a stand is regenerated. To improve the potential for planted seedlings to grow into and be retained as a viable component within a stand, protective tree shelters may be used to improve survival. A tree shelter acts like a mini greenhouse, providing increased temperatures over longer time periods than in open conditions, resulting in increased survival rates and overall growth of the planted seedlings. Tree shelters are also put in place to protect the seedlings from deer browsing. Project Description Approximately 1,000 seedlings from blight-resistant American chestnut trees would be planted in Stand 75 of Compartment 98. This stand was cut in 2000 with a clearcut prescription. Due to 4 of 6
heavy deer browsing, a 3-acre area within the stand failed to regenerate. Within this area, the seedlings would be planted by hand, with a spacing of roughly 8 feet by 8 feet. A 6.5 foot-high fence would be installed around the area to prevent deer browsing damage to the seedlings. No new roads would be required; all work would use existing roads. No logging equipment or herbicides would be used. VII. Effects to Categories of Extraordinary Circumstances 1. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species (TES species). Botany TES: This project would be wholly beneficial and is highly unlikely to have any direct, indirect, or cumulative adverse effects related to TES or NNIS plant species. Terrestrial Wildlife TES: This project would have no direct, indirect, or cumulative adverse effects to TES wildlife. In the long term, the American chestnut trees may provide mast for wildlife. 2. Flood plains, wetlands, or municipal watersheds and Aquatic TES Due to the distant proximity of this project from aquatic and riparian habitats and the low potential for soil disturbance or risks to aquatic resources associated with this, there are no aquatic resource concerns for direct, indirect, or cumulative effects to aquatic TES species, flood plains, wetlands, or municipal watersheds associated with the proposed planting activity and fence construction. 3. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas. This project would have no direct, indirect, or cumulative effects to congressionally designated areas due to the project s distance from these areas and the lack of potential for impacts to these areas. 4. Inventoried roadless areas or potential wilderness areas. This project would have no direct, indirect, or cumulative effects to inventoried roadless areas or potential wilderness areas due to the project s distance from these areas and the lack of potential for impacts to these areas. 5. Research natural areas. This project would have no direct, indirect, or cumulative effects to research natural areas due to the project s distance from these areas and the lack of potential for impacts to these areas. 6. American Indians and Alaska Native religious or cultural sites. 7. Archaeological sites, or historic properties or areas. The planting of trees using hand tools is an activity specifically exempted from Section 106 consultation under the terms of our Programmatic Agreement with the WV SHPO and the ACHP (Exemption F13). The implementation of this project would have no effect to historic properties, archaeological sites, or historic properties or areas. This finding is made pursuant to the terms of 5 of 6
our Programmatic Agreement with the WVSHPO and the ACHP, executed under the terms of Section 106 of the National Historic Preservation Act of 1966, as amended, and its implementing regulations: 36 CFR 800: Protection of Historic Properties. 8. Other extraordinary circumstances. No other extraordinary circumstances for other resources have been identified that would warrant further analysis in an EA or EIS. VIII. Time Frame We expect to complete the Decision Memo in the winter of 2012/2013. When the Decision Memo is available, a formal public notice will be given in the form of a legal notice, which will be published in The Pocahontas Times. Individuals or organizations who previously provided comments on this project or indicated that they would like additional information on this project will also be notified. I look forward to your participation in the management of the Monongahela National Forest. Sincerely, /s/ Jack Tribble November 15, 2012 JACK TRIBLE Greenbrier District Ranger Date USDA Nondiscrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (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 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-5964 (voice or TDD). USDA is an equal opportunity provider and employer. 6 of 6