South Fork Fish Weir Special Use Permit Renewal Proposed Action Report USDA Forest Service Cascade Ranger District Proposed Action The Proposed Action is to renew a U.S. Fish and Wildlife Service special use permit (SUP) for the operation and maintenance of an existing fish weir and holding facility for a new 30-year term, or 2015 through 2045. There would be no changes to the authorized facilities or increases in the scope or intensity of authorized activities from the existing SUP except to allow for the construction of an additional fish holding pond. This additional pond, approximately 17 feet wide by 110 feet long, would cover an area that is less than 1 acre. The pond would be constructed in a previously disturbed area within the existing permit area boundary. The area of new pond construction includes both the pond facility and supporting water/drain piping. Background The SUP authorizing this use of NFS lands was issued in October 1989 and expired in December 2009. The USFWS is in full compliance with the terms and conditions of the permit. The existing SUP authorizes the use of 18.22 acres of NSF lands for operation and maintenance of the South Fork Fish Weir (Table 1). Table 1. Acreage and designation for the South Fork Salmon River Fish Weir special use permit Tract Designation Acres 1 Access Road 1.42 2 Land Area (Weir, Trap, Parking, Intake Pipeline) 2.98 3 Land Area (Flood Plain/Wetland) 13.82 Total 18.22

This facility is part of the Lower Compensation Plan implemented by the Water Resources Development Act of 1976 (P.L. 94-587) to mitigate for fish losses caused by the construction and operation of the four lower Snake River dams. Management goals for the program are to provide harvest mitigation for public and tribal fisheries and to enhance, recover, and sustain natural spawning populations for the Endangered Species Act (ESA) listed South Fork Salmon River summer Chinook salmon population. Production and harvest management for the program also meet the legal requirements under the U.S. v. Oregon Management Agreement. The program is managed jointly with the Department of Fish and Game (IDFG), Tribe, and Shoshone Bannock Tribe to meet cultural and socioeconomic interests of the tribes and public for sustainability of natural fish populations and fisheries in the region. Sport fishing of summer Chinook salmon produced by the program in the South Fork Salmon River was initiated in 1997 and has continued annually since 2000. The program supports tribal fishing for the Nez Perce and Shoshone Bannock Tribes. In addition, the program provides eggs to the Shoshone Bannock Tribe’s Dollar Creek summer Chinook salmon supplementation program and IDFG’s Clearwater River summer Chinook salmon harvest program, and provides adult holding and spawning space for the Nez Perce Tribe’s Johnson Creek summer Chinook salmon supplementation program. Existing improvements consist of a fish weir, a weir bridge, weir abutments, fish ladder, spawning channel, raceways (2), adult holding tank, facility water intake structure, access road to intake structure, water distribution system, parking lot, storage building, pole shed, chain link fencing,

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facility access road and gate, domestic water well and distribution system, housing/office trailer, vault toilet, and signs. McCall hatchery staff (IDFG) typically enter the facility in the spring to set up for trapping operations in mid-to-late May. Trapping begins (flow dependent) from late May to early July and continues through mid-September. The facility is winterized and shutdown in late September or early October for the winter season. Staff check on the site periodically during the winter for security purposes. The following nonroutine maintenance activities occur (not all activities are expected to occur annually): • Dredge the river bed in front of the water intake structure to provide unhampered water flow to the ponds and ladder • Maintaining the intake structure • Maintaining the existing access road and left river bank (approximately 350 yards) from the intake structure to the weir (facility protection) • Maintaining the left river bank (approximately 50 yards) below the weir (facility protection) • Maintaining the weir structure and abutments • Maintaining the right river bank above and below the right weir abutment (protection of weir structure and maintaining water flow through the weir) • Maintaining the ladder and outflow structures • Maintaining the concrete sill across the river beneath the weir structure • Annually maintaining and plowing (snow dependent) existing access road Access to the site occurs on the existing access road, in and around the facility site, and on the access road to the water intake structure. Access to the right weir abutment and right river bank structures requires travel from an existing NFS road to the site using an established overland route. Tribal fishermen have access at the site for fishing. The current adult salmon holding capacity does not provide sufficient space for all of the programs. Increasing adult salmon holding capacity would not only provide space for adults destined to be spawned for the Clearwater River program, it would provide space for adult salmon currently “recycled” through the fishery. Additional space would also provide adult salmon holding for tribal ceremonial and subsistence needs, as well as other tribal food bank programs. The new adult holding pond would be constructed east of and adjacent to the existing holding ponds (Figure 1). An area 17 feet wide by 110 feet long would be excavated to allow for pond construction and additional water/drain piping. The edge of disturbance during excavation would roughly match the existing toe of slope. The excavation would be conducted without impacting the wetland area using the appropriate best management practices. Construction is proposed for 2015. Work would commence after summer Chinook salmon trapping and spawning activities are complete (typically mid-September). Work would be completed within 2 months. Material storage, equipment mobilization, and construction activities would be conducted within the boundary of the existing site and would use existing access roads. Project Location The proposed project area occurs on NFS lands located on the Cascade Ranger District within Valley County, Idaho (Figures 2 and 3). The analysis area includes the South Fork Salmon River Wild and Scenic River corridor. The permit area includes Riparian Conservation Areas (RCAs) and

2 South Fork Fish Weir Special Use Permit Renewal Cascade Ranger District Boise National Forest activities occur in the RCAs. These activities have mitigation measures incorporated into the operating plan. The analysis area does not include any recommended Wilderness nor is it located in a Research Natural Area or Idaho Roadless Area. The purposed action includes Management Area 19 and Management Prescription Category 3.2.

Purpose and Need The purpose of the project is to issue a new SUP to the USFWS for a new term (30 years) to replace their existing SUP consistent with the following Forest Plan Management Direction: • Desired Conditions Common to All Resources—Resources have ecological and watershed integrity, meaning they have a viable combination of all the diverse elements and processes needed to sustain the systems and to perform desired functions (USDA Forest Service 2010, p. III-6); are managed in an environment of public and interagency trust, and cultural and socioeconomic sustainability (USDA Forest Service 2010, p. III-7); are managed to promote meaningful relationships with American Indian Tribes to understand and incorporate tribal cultural resources, needs, interests, and expectations (USDA Forest Service 2010, p. III-7). Sustainable ecosystems provide a variety of sustainable products and services for current and future generations alike. Timber, range, recreation, minerals, and special use programs offer opportunities for economic development, and contribute to local community needs, while maintaining ecological integrity (USDA Forest Service 2010, p. III-7). • Desired Conditions for Threatened, Endangered, Proposed, and Candidate Species— Habitats for Threatened and Endangered Species are managed consistent with established and approved Recovery Plans. Management actions either contribute to, or do not prevent recovery or delisting of these species. Habitats for Proposed and Candidate species are managed to help preclude listing as Threatened or Endangered under the ESA. Degrading effects from Forest programs are at levels that do not threaten the persistence of Threatened, Endangered, Proposed, or Candidate species populations (USDA Forest Service 2010, p. III-8). • Desired Conditions for Soil, Water, Riparian, and Aquatic Resources—Management actions result in no long-term degradation of soil, water, riparian, and aquatic resources conditions. Instream flows are sufficient to support healthy riparian and aquatic habitats, the stability and effective function of stream channels, and the ability to route flood discharges, and provide for downstream uses. Distribution of native and desired non-native fish and other aquatic species is maintained or is expanding into previously occupied habitat, with interconnectivity between and within meta-populations. Human activities do not prevent populations from maintaining distribution and abundance during critical life stages. Restoration activities have resulted in maintaining necessary water temperatures, reducing pollutants such as sediment, and removing human-caused barriers to fish passage to restore population and habitat connectivity where genetic contamination to native fish species from exotic species is not an issue (USDA Forest Service 2010, p. III-18). • Desired Conditions for Lands and Special Uses—Adjustments made in land ownership achieve resource management or protection objectives, provide needed access, or allow NFS lands to be managed more efficiently. Rights-of-way to access NFS lands are acquired to meet planned resource activities. National Forest property boundaries are located on the ground and posted. Proactive efforts to educate and inform users and adjacent landowners result in reduced levels of unpermitted uses, encroachments, and user conflicts. Conflicts between authorized special uses and other uses and resources are mitigated or eliminated (USDA Forest Service 2010, p. III-54).

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• Desired Conditions for Recreational Resources—People visiting the National Forest find opportunities for a wide spectrum of recreation experiences. Various methods are used to manage recreation uses and facilities to mitigate degrading effects from recreation to other resources. Diverse landscapes offer a variety of settings for a wide range of activities, including primitive settings where there are opportunities for solitude, risk, and challenge, to more modified settings where there are opportunities for social interaction, comfort, and less risk (USDA Forest Service 2010, p. III-63). • Desired Conditions for Tribal Rights and Interests—Tribes continue to have interest and reliance on ecosystems even as their cultures change, employing both traditional and contemporary ways of relating to their homelands and interest areas (lands where they traditionally ranged to sustain their way of life). Lands within the Forest help sustain American Indians' way of life, cultural integrity, social cohesion, and economic well-being. Federal agencies take a more proactive role on the tribes' behalf, especially in areas of treaty interest, rights, traditional and cultural resources, and ecosystem integrity. Federal agencies provide opportunities for traditional American Indian land uses and resources. The presence of healthy habitats is fundamental to the achievement of both useable and harvestable levels of resources significant to American Indians, as well as to ecosystem integrity (USDA Forest Service 2010, p. III-73). • Desired Conditions for Wild and Scenic Rivers—River segments and their corridors that are eligible, suitable, or designated as Wild and Scenic Rivers are managed to retain their free-flowing status, classification, and outstandingly remarkable values for scenery, wildlife, cultural, fish, geology, hydrology, and ecological/botanical resources. Opportunities are provided so the public can understand the uniqueness of eligible, suitable, and designated Wild and Scenic Rivers. The South Fork Salmon River is congressionally designated as a Wild and Scenic River (USDA Forest Service 2010, p. III-77). • Desired Conditions for Social and Economic—Sustainable and predictable levels of goods and services are provided for local communities. Firewood, post and poles, saw logs, forage, developed and dispersed recreation, and other goods and services are made available to the public consistent with management direction. Local economic development goals are considered along with sustainable resource outputs when developing land management objectives. There is increased coordination between federal, State, County, and tribal governments, and a high level of collaboration with a broad range of stakeholders, where appropriate and feasible. This coordination and collaboration results in a better understanding of the tradeoffs between resource protection, commodity production, and other Forest uses (USDA Forest Service 2010, p. III-79). The purpose would address desired conditions to continue providing this service to the general public.

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Figure 1. Aerial view of the construction site for the new holding pond

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Figure 2. South Fork Fish Weir Special Use Permit vicinity map

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Figure 3. South Fork Fish Weir Special Use Permit project area map

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Design Features Standard Best Management Practices will be in place for construction and operation of equipment: • Equipment that will have the least adverse effects on the environment (e.g., minimally sized rubber tires) shall be used when heavy equipment must be used • A silt fence and straw waddles or similar materials will be placed on the bank between the excavator and the river/wetlands to minimize fines from entering the river/wetlands during the work • All equipment shall be operated above the OHWM or in the dry to reduce impacts • Absorbent material will be available or used on site to collect any lubricants in case of a pressurized line failure and prevent entry into the river. Dispose of all used materials in the proper manner. • Stage and fuel all equipment in appropriate areas above the OHWM mark and outside of the RCA. • Cease operations if, at any time, the sediment enters the wetlands or the river as a result of the action activities and establish protocols for cleanup and to prevent further damage to wetlands and river. • Clean all equipment to ensure it is free of vegetation, external oil, grease, dirt, and mud before equipment is brought to the site and prior to removal from the project area. • Minimize impacts to riparian vegetation at the work sites and upon completion of the work. Grade and replant disturbed areas to match the landscape and existing vegetation at the site (there are no trees along the area where construction will occur, some disturbance to ground cover may occur). • Dispose of all discharge water created by construction tasks (e.g. debris removal operations, vehicle wash water) at an adjacent upland location. No discharge water will be allowed to return to the adjacent waterbodies unless specifically approved by NOAA Fisheries or USFWS. • Concrete placement will be accomplished by equipment that can safely deliver concrete to the work area and monitored to assure no concrete or byproducts from the pour reach the wetlands or South Fork Salmon River. All cleanup work will be conducted at a location that avoids contamination of wetlands and the river and allows material to be removed from the site. • Ensure seed mixes and/or plant materials used during restoration and soil erosion prevention activities shall be comprised of certified weed-free native or desirable non-native seed mixes and/or native cultivars, as recommended by the Forest or District botanist. Other design features: • The holder shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during closed season established by law or regulation without a written permit from the forest officer in charge or his authorized agent. • The holder shall fully repair all damage, other than ordinary wear and tear, to National Forest System roads and trails caused by the holder in the exercise of the privilege granted by the permit.

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• No waste or by product shall be discharged into the water if it contains any substance in concentrations which will result in harm to fish and wildlife, or to human water supplies. Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters or channels leading into water that would result in harm to fish and wildlife, or to human water supplies. • The holder shall be responsible for prevention and control of soil erosion and gullying on lands covered by the permit and adjacent thereto, resulting from construction, operation, maintenance, and termination of the authorized use. The holder shall revegetate or otherwise stabilize all ground where soil has been exposed and shall construct and maintain all preventative measures to supplement the vegetation. Level of NEPA Analysis and Documentation Preliminary analysis indicates that the proposed action to renew a U.S. Fish and Wildlife Service special use permit (SUP) for the operation and maintenance of an existing fish weir and holding facility for a new 30 year term that includes no changes to the authorized facilities or increases in the scope or intensity of authorized activities from their existing SUP except to allow for the construction of an additional fish holding pond covering less than 1 acre, may fall within a categorical exclusion (CE). Specifically, CE 36 CFR 220.6(e)(3): Approval, modification, or continuation of minor special uses of NFS (National Forest System] lands that require less the 5 contiguous areas of land. The Council of Environmental Quality (CEQ) regulations provide for categorical exclusions (CEs) to implement the National Environmental Policy Act (NEPA) for the purpose of reducing delay and paperwork. CEQ regulations allow Federal agencies to exclude from documentation in an environmental assessment (EA) or environmental impact statement (EIS) categories of actions that do not individually or cumulatively have a significant effect on the human environment. Based on the Agency’s experience and knowledge, the responsible official can conclude that if the action fits within an identified category and analysis shows there are no extraordinary circumstances, then the action would not have significant effects. Scoping is required for all Forest Service proposed actions, including those that would appear to be categorically excluded (sec. 11). Scoping is important to discover information that could point to the need for an EA or EIS versus a CE. If the responsible official determines, based on scoping, that it is uncertain whether the proposed action may have a significant effect on the environment, an EA will be prepared. If the responsible official determines, based on scoping, that the proposed action may have a significant environmental effect, an EIS will be prepared. (36 CFR 220.6(c).)

References USDA Forest Service. 2010. Land and Resource Management Plan for the Boise National Forest, 2003–2010 Integration, Volumes 1–2, amended July 2010. Boise National Forest, Boise, ID.

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