STUKEL GATES ENVIRONMENTAL ASSESSMENT (EA) #DOI-BLM-OR-L040-2009-0004-EA

UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT LAKEVIEW DISTRICT - Klamath Falls Resource Area

ABSTRACT: This environmental assessment examines the effects of repairing existing road closure structures and installing new road closure structures on Stukel Mountain approximately 10 miles S.E. of Klamath Falls, Oregon. This project is intended to allow the physical closure of an area already legally and administratively closed seasonally to off-highway vehicles (OHVs). This seasonal closure was established to protect a variety of resource values including natural surface roads, riparian /watershed, and wildlife habitat. This assessment is NOT intended to revisit the decision to close the area seasonally to vehicles, but rather to assess the impacts of the work necessary to physically close the area and enforce the closure. A proposed action and a no action alternative are analyzed.

FOR FURTHER INFORMATION CONTACT:

Klamath Falls Resource Area, BLM 2795 Anderson Avenue, Bldg. 25 Klamath Falls, OR 97603 541-883-6916

FREEDOM OF INFORMATION ACT AND RESPONDENT’S PERSONAL PRIVACY INTERESTS:

The Bureau of Land Management is soliciting comments on this Environmental Assessment. Comments, including names and street addresses of respondents, will be available for public review at the above address during regular business hours. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment – including your personal identifying information – may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public inspection in their entirety.

Table of Contents

CHAPTER 1 – INTRODUCTION ...... 2 Purpose and Need for Action ...... 2 Location ...... 2 Management Direction and Conformance with Existing Plans ...... 2 Public Input Summary and Issue Development ...... 3 CHAPTER 2 – PROPOSED ACTION AND ALTERNATIVES ...... 3 Proposed Action ...... 3 No Action Alternative ...... 4 CHAPTER 3 – AFFECTED ENVIRONMENT & ENVIRONMENTAL CONSEQUENCES ...... 4 Introduction ...... 4 Project/Analysis Area ...... 5 Cumulative Actions Considered ...... 5 Vegetation - Affected Environment ...... 6 Vegetation - Environmental Consequences ...... 6 Terrestrial Wildlife Species – Affected Environment ...... 6 Terrestrial Wildlife Species – Environmental Consequences ...... 7 Soils - Affected Environment ...... 7 Soils - Environmental Consequences ...... 7 Roads - Affected Environment ...... 7 Roads - Environmental Consequences ...... 8 Hydrology - Affected Environment and Environmental Consequences ...... 8 Aquatic Species and Habitat – Affected Environment and Environmental Consequences ...... 8 Grazing Management - Affected Environment ...... 8 Grazing Management - Environmental Consequences ...... 8 Cultural Resources – Affected Environment ...... 8 Cultural Resources – Environmental Consequences...... 9 Recreation Resources - Affected Environment ...... 9 Recreation Resources - Environmental Consequences ...... 9 Visual Resources - Affected Environment ...... 10 Visual Resources - Environmental Consequences ...... 10 CHAPTER 4 – CONSULTATION ...... 10 Endangered Species Act (ESA) Consultation ...... 10 CHAPTER 5 – LIST OF PREPARERS ...... 10 CHAPTER 6 – Mitigation measures ...... 10 Noxious Weeds ...... 10 Cultural Resources ...... 11 Appendix A – Bibliography ...... 12 Appendix B – Maps ...... 13

List of Tables Table 1: Proposed Location of Gate Construction or Repair on BLM-administered Lands ...... 2 Table 2: Additional Treatments Currently Proposed on BLM lands in the Project Area ...... 5

List of Figures Figure 1: Proposed New Location of the Webber Road Gate ...... 13 Figure 2: Location Map of Three New Gates ...... 14 Figure 3: Location Map of Hill Road Gate Replacement ...... 15

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CHAPTER 1 – INTRODUCTION Purpose and Need for Action Purpose This project is intended to allow the seasonal physical closure of an area already legally and administratively closed to off-highway vehicles (OHVs) from November 1 through April 15 by the Record of Decision for the 1995 Klamath Falls Resource Area Resource Management Plan (1995 RMP ROD pg. 51-52), and Federal Register (Vol. 63, No.113, pg. 32244 - 32245). This seasonal closure was established to protect a variety of resource values including natural surface roads, riparian /watershed, and wildlife habitat. This assessment is NOT intended to revisit the decision to close the area seasonally, but rather to assess the impacts of the work necessary to physically close the area and enforce the closure.

Need This project is needed because the current system of closure structures is ineffective at keeping unauthorized motorized vehicles out of the designated closure area during the designated closure period. A combination of factors contributing to the ineffectiveness of the existing structures include: vandalism of closure structures, difficulty in keeping up with repair/maintenance needs, increased technological ability of closure violators (bigger, and or more effective machines to go around /through closure structures), and numerous points of access to BLM-administered lands through bordering private lands that are not gated.

Location Table 1 below indicates BLM parcels where closure structures would be replaced, or repaired, or where new structures would be installed. (Refer also to maps in Appendix B.) It does not delineate or describe all of the lands within the closure area. This description is adequate because the discrete work site at each closure structure is where the impacts of the work would occur. The impacts of closing the area to vehicles on a seasonal basis have been addressed in previous NEPA documents (1995 RMP, ROD) and will not be discussed further in this assessment.

Table 1: Proposed Location of Gate Construction or Repair on BLM-administered Lands Location Proposed gate work location Township Range Section Sixteenth Section Webber Road ( move and replacement) 40 S 11 E 5 NE of NW Hill Road (replacement/repair) 40 S 10 E 5 NE of SE Dodd’s Hollow East (new) 40 S 11 E 7 NE of NE Dodd’s Hollow West (new) 40 S 11 E 7 SW of NW Dodd’s Hollow Center (new) 40 S 11 E 7 SW of NE

Management Direction and Conformance with Existing Plans On July 16, 2009 the U.S. Department of the Interior, withdrew the Records of Decision (2008 ROD) for the Western Oregon Plan Revision and directed the BLM to implement actions in conformance with the resource management plans for western Oregon that were in place prior to December 30, 2008.

This Environmental Assessment is tiered to the Final - Klamath Falls Resource Area Resource Management Plan and Environmental Impact Statement, September 1994 (KFRA RMP/EIS). This project has been designed to comply with the land use allocations, management direction, and objectives of the 1995 Klamath Falls Resource Area Resource Management Plan (1995 KFRA RMP). The project design and recommendations for implementation are contained in the ROD/RMP and a number of other supporting documents including:

Northwest Area Noxious Weed Control Program FEIS and ROD (1985) and Supplement (1987) Klamath Falls Resource Area Integrated Weed Control Plan EA (July 21, 1993)

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Public Input Summary and Issue Development A scoping letter describing the proposed action and soliciting input was sent to 53 addresses. The mailing list included individuals and groups that have requested to be notified of projects on BLM lands, State and Federal agencies, the Klamath Tribes, occupants of the communication site on Stukel Mountain, a Klamath Basin off- road vehicle club, and landowners who have lands that abut BLM lands in the area and who may use the roads on Stukel Mountain, either officially or unofficially, for access to their lands. The BLM has received no written responses to the scoping letter.

BLM received one phone call regarding the gate at Webber Road. Issues discussed were: • gate placement so as to avoid interference with neighborhood snow sledding activities, • the need to keep the area closed during the winter so as to avoid rutting up the roads, and • the caller’s concern that moving the gate farther up the road as proposed might encourage more 4X4 and ATV use that is damaging the roads and hillsides just west of the existing cable gate.

A member of the public came into the BLM office and expressed a series of concerns, some of which are pertinent to this project. Those concerns are summarized as follows: • BLM is locking private land owners out of accessing their lands (but gave no example and does not own land on Stukel Mountain), • the roads are being destroyed by wintertime use, • if the area is legally closed it should also be physically closed, and • open or non-functional gates and signs are not effective and are an invitation to violate the closure despite the presence of signs describing the closure.

CHAPTER 2 – PROPOSED ACTION AND ALTERNATIVES Two alternatives, the Proposed Action and No Action, are analyzed in this environmental assessment and described below. No other alternatives were considered.

Proposed Action The proposed action is to replace two existing structures with new heavy duty steel swing gates and install three additional identical steel gates at new, previously un-gated locations to allow the Stukel Mountain seasonal vehicle closure to be effective. The gate posts would be set in concrete. Potential site modifications at the five gate sites include trenches, earth and/or log berms, rock piles, short pieces of wire fencing, and rows of large rocks. All gates worked on would be set to allow passage of vehicles and equipment at least fourteen feet wide. All structures worked on under this project would have official BLM signs installed. Signs would indicate the closure period, reasons for the closure, and who to contact of additional information regarding the closure. Refer to Chapter 6 for a list of mitigation measures.

Webber Road Cable Gate This existing structure consists of a steel cable stretched loosely between the posts of a steel cattle guard. This cable is ineffective at stopping traffic as people can drive over it if there is enough snow. Closure violators can also go around the cable by simply opening and driving through the existing wire gate next to the cattle guard. This structure would be modified by removal of the cable. The cattle guard and associated fences would remain as they are. Approximately one quarter of a mile up the BLM road (southwest) a new heavy duty steel swing gate would be installed in a location that would discourage potential closure violators from going around the gate when it is closed. There is a group of individuals, local to the Webber Road area, that use the sloped portion of the road above the currently existing gate for a community sled hill. According to a telephone conversation with one of the residents in the area, the proposed location of the new gate would be

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above the portion of the hill that is used and should not interfere with the sledding activities. (Refer to Figure 1 in Appendix B.)

Three New Dodd’s Hollow Gates Three new gates would be installed on roads not previously gated in the southern end of the closure area in the vicinity of Dodd’s Hollow. (Refer to Figure 2 in Appendix B.) These gates are necessary to seasonally block vehicle access to the seasonally closed BLM lands accessed from the south by the Dodd’s Hollow road system coming off of private lands. In the past, the private landowners who control access from the south have prohibited (or severely restricted) public use of the roads leading to the seasonally closed BLM lands. Over the last few years it has become apparent that for some reason the public has increased ability to access this road system and to come up onto the seasonally closed BLM lands. These heavy duty steel swing gates would be placed on BLM lands, as close to the border with private lands, using favorable terrain and work sites.

County Gravel Pit Gate This structure consists of a steel tube gate on the BLM road that leaves Klamath County’s rock pit on Hill Road. (Refer to Figure 3 in Appendix B.) This gate has been vandalized and is no longer functional. This BLM gate is behind (inside) the County’s very substantial guardrail gate on Hill Road. The County gate is usually locked during the closure period unless the pit is active. When the pit is active, the County gate is open during the day and closure violators go through the County gate, through the pit, past the destroyed BLM gate, and onto the BLM road through the seasonal closure area. The BLM gate needs to be replaced so that the County can leave their gate open as needed to work the pit, and still prevent potential closure violators from entering the closed area during the closure period. The heavy duty, steel replacement gate would be placed essentially in the same spot as the existing destroyed gate.

No Action Alternative The Bureau of Land Management NEPA Handbook recommends the inclusion and analysis of a no action alternative. Under the no action alternative, management activities considered in this project would not occur. Activities proposed in and adjacent to the analysis area that have been analyzed and approved in other NEPA documents would still occur, such as fuel reduction treatments, routine road maintenance, forest inventory and surveys, and fire suppression. Selection of the no action alternative would not change land allocations or the direction the BLM has to manage these lands.

The no action alternative serves as a baseline or reference point for evaluating the environmental effects of the action alternatives. Inclusion of this alternative is done regardless of consistency with the RMP and without regard to meeting the purpose and need.

It should be pointed out the no action alternative is not a “static” alternative. It is implied that the present environmental conditions and trends will continue. This would include trends, such as vegetation succession and consequent terrestrial and aquatic habitat changes, increases in fire hazard, and deteriorating road conditions.

CHAPTER 3 – AFFECTED ENVIRONMENT & ENVIRONMENTAL CONSEQUENCES Introduction The affected environment reflects the existing condition that has developed from all past natural events and management actions within the project area (and/or 5th field watershed). It is a combination of natural and human caused fires, fire suppression, road building, timber harvesting, grazing, fuel reduction treatments, and the effects of recreational use. The current condition assessed for each affected resource is a result of all past natural events and management actions. It is therefore unnecessary to individually catalog all past actions in this EA. Such detail would be irrelevant to making a rational decision among alternatives. The important value of this EA is to assess and display for the deciding official the impacts of the alternatives on those resources as

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they exist today and will allow a determination as to whether the resulting project effects and/or cumulative effects are significant or are greater than those analyzed in the KFRA RMP/EIS.

Resource values that are either not present in the project area, or would not be affected by any of the proposed alternatives are: timber resources, prime or unique farmlands, wild and scenic rivers, air quality, minerals, Areas of Critical Environmental Concern (ACEC), Designated Wilderness, and Wilderness Study Areas (WSA’s). There are no known hazardous waste sites in the analysis area. For either alternative, no direct or indirect disproportionately high or adverse human health or environmental effects to minority or low income populations are expected to result from implementation of the proposed action or the alternatives.

Project/Analysis Area The lands within the seasonal closure area are a patchwork of ownerships including BLM, small private owners, and large corporate holdings. There are no residences within the closure area. Owners of private lands within the closure area either have their own privately controlled access routes or would be able to continue to access their lands through BLM gates. It is not BLM’s intent with this project to prevent private landowners with legal access to their lands from accessing those lands in any way at any time. Typically, the Klamath Falls BLM provides keys to BLM gates on BLM controlled access routes to private landowners with legal access rights and to individuals needing access to communication site towers and associated electronic equipment.

Because this project involves road closure structures, almost all of the proposed work and associated ground disturbance would be restricted to the existing road prism, roadside drain ditches, cut banks, fill slopes, and the area within 10 feet of these previously disturbed areas. In some instances trenches, rock lines, or new wire fences would be extended out past this 10 foot zone into potentially previously undisturbed areas in order to discourage potential closure violators from going around closure structures.

Cumulative Actions Considered

Table 2: Additional Treatments Currently Proposed on BLM lands in the Project Area Treatment Approximate Acres Anticipated Year JELD-WEN Gate on Hidden Valley Road 1 2009 Gravelling a portion of Stukel Mtn. Road 10 2010

The Oregon Department of Fish and Wildlife (ODFW), in cooperation with JELD-WEN Corporation plans to install a gate (or gates) in the Hidden Valley area at the north end of the Stukel Mountain seasonal closure area. This planned ODFW/JELD-WEN gate would complete the physical improvements needed to keep unauthorized vehicles out of the Stukel Mountain Closure area during the closure period. Without this planned gate the proposed BLM closure work would be rendered ineffective because closure violators could simply (although illegally) drive into the closure area on the one physically open road through Hidden Valley, and on into the rest of the seasonal closure area. Public access through this planned Hidden Valley gate will be controlled by JELD-WEN Corporation, in conjunction with ODFW. BLM would not be responsible for this gate or the timing of it being open or closed for public access, but would coordinate with JELD-WEN and/or ODFW to make sure it was closed for at least the entire seasonal closure period. JELD-WEN may wish to keep it closed for a longer portion of the year, and BLM would have no say in the matter.

The Stukel Mountain road has a limited amount of surfacing. This road leads to the communication towers and has received some surfacing due the importance of the communication sites there. Additional rocking is planned on that road system summer of 2010.

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Vegetation - Affected Environment Special Status Plant Species Rorippa columbiae, Columbia cress, is a BLM Sensitive plant found within the project area. Two distinct populations of Columbia cress occur on Stukel Mountain. One of the populations is not currently fenced in, and there has been some effect to the populations from off-road vehicles driving in muddy conditions. Another population exists along the creek bed south of the JELD-WEN closure in T40S-R10E section 3. However, these populations are not in close proximity to the proposed gates.

Noxious Weeds Noxious weed populations are known to occur throughout BLM and private land on Stukel Mountain. The most common noxious weeds are Scotch thistle, Canada thistle, St. Johnswort, musk thistle, Dalmatian toadflax, and Mediterranean sage. No populations of noxious weeds are known to occur in the areas where the closure gates would be installed.

Vegetation - Environmental Consequences Special Status Plant Species No Action – Though it is not known what time of year disturbance is occurring in the area of the Columbia cress population, it is occurring while the soils are wet. It is possible this disturbance is occurring during the closure period. Under the No Action Alternative, access to the site would not be effectively restricted and further disturbance could potentially occur.

Proposed Action – The proposed action of establishing new gates to enforce the seasonal closure would protect special status populations from vehicle disturbance during the closure.

Cumulative Effects – The planned installation of the JELD-WEN gate may have positive cumulative effects on Columbia cress, allowing species expansion over time. This would be a result of reduced winter traffic, which would reduce travel and soil disturbance on Stukel Mountain.

Noxious Weeds No Action – When soils are wet and muddy and there is a noxious weed population present, there is a good likelihood that weed propagules could stick to a vehicle with mud and be spread around the area. Continued unauthorized access to the area with on or off road vehicles opens the possibility of increasing the spread of weeds.

Proposed Action – Noxious weeds would be spread less if vehicles were denied access during the closure. The soil disturbance caused by the installation of gates would be minimal. Mitigation measures would reduce the likelihood of introducing noxious weeds to these areas.

Cumulative Effects – When combined with seasonal noxious weed removal treatments, the planned installation of the JELD-WEN gate would have a positive cumulative effect on reducing noxious weed populations. This would be a result of reduced winter traffic, which would allow mud and weed propagules to be spread on Stukel Mountain.

Terrestrial Wildlife Species – Affected Environment The work sites involved in this project fall into several habitat types including sage/grasslands, ponderosa pine forest, and juniper woodlands. However, the actual areas disturbed would be insignificant is size and mostly occur on, or within, the disturbed areas associated with roads. None of the work sites fall within known or suspected occupied habitat for any Threatened, Endangered, Candidate or other special status wildlife species.

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Terrestrial Wildlife Species – Environmental Consequences No Action – There is no anticipated effect of this project on any Threatened, Endangered, Candidate or other special status wildlife species or habitat for such species under the no action alternative.

Proposed Action – Effects of the proposed closure structure repair, replacement, and installation to all species of wildlife and/or their habitats are expected to be so small as to be discountable. There is no anticipated effect of this project on any Threatened, Endangered, Candidate or other special status wildlife species or habitat.

Cumulative Effects – There are no anticipated cumulative effects of the project on any Threatened, Endangered, Candidate or other special status wildlife species or habitats.

Soils - Affected Environment The Natural Resources Conservation Service identified five soil types in the immediate vicinity of and directly affected by the project. Soil depths vary from shallow to very deep, with surface textures of loam and very stony loam. All soils exhibit a low resistance to compaction. The rutting hazard potentials range from slight to severe. Compaction and associated rutting are caused primarily by driving machinery or heavy equipment over moist or wet soil. Compacted ruts channel water downslope causing erosion and slowing regeneration.

Use of motorized vehicles during the wet season has resulted in deeply rutted roads in several areas on Stukel Mountain. Additionally, off-road vehicle use has caused ruts, compaction, and erosion, particularly when activities occur on wet or moist soils.

Soils - Environmental Consequences No Action – Under this alternative there would be no direct effects on the soil resource. The indirect effects of no action would be a continuation of rutting, compaction, and potential erosion on the BLM-managed lands due to unlimited vehicle access during the wet season.

Proposed Action – The proposed action is expected to have minor direct effects on the soil resource. Small, localized areas of soil disturbance may occur if vehicles are driven or parked off road during gate construction. To minimize soil impacts, it is recommended that the disturbed area (footprint) be kept to a minimum. Where practical, vehicles should remain on established roads or construction should be restricted to dry soil conditions.

Installation of new and replacement of existing gates on the main access roads is anticipated to result in positive indirect effects on the soil resource. Once in place, gates will provide seasonal closure when soils are most vulnerable to damage, specifically during the wet season. Rates of rutting, compaction, and accelerated erosion are expected to decline by limiting vehicle traffic on wet soils.

Cumulative Effects – There are no anticipated cumulative effects of the project on the soil resource.

Roads - Affected Environment Most of the roads on Stukel Mountain have a limited amount of surfacing. The road that leads to the communication towers has received some surfacing due the importance of the communication sites there. Application of additional rock is planned on that portion of the road system in the summer of 2010. The area has had unauthorized use during the closure period. It is BLM’s mission to keep roads in a suitable condition to manage the existing lands and provide recreation opportunities during the open use season.

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Roads - Environmental Consequences No Action – The roads under this alternative will have a continuation of surface rutting and erosion due to the lack of road surfacing and proper drainage. The existing gates for road closure are not sufficient to close off area and make the closure effective.

Proposed Action – Road surface rutting and erosion will decrease due to limiting vehicle use during wet periods. The road closure will close off motorized recreational activities from November 1 to April 15. An increase of gate maintenance is anticipated.

Cumulative Effects – The cumulative effects on roads will be less road damage and erosion due to vehicle traffic. Illegal activities that have been occurring will be reduced. The gravelling of the Stukel Mountain road will improve access to that area.

Hydrology - Affected Environment and Environmental Consequences There are no streams directly adjacent to the gate locations. Therefore, there are no potential impacts to water quality. Hydrology will not be discussed further in this analysis.

Aquatic Species and Habitat – Affected Environment and Environmental Consequences There are no perennial or fish-bearing streams within or adjacent to the proposed gate locations. Therefore, there are no potential impacts to federally-listed or BLM sensitive aquatic species. Aquatic species will not be discussed further in this analysis.

Grazing Management - Affected Environment There are seven BLM livestock grazing allotments within the seasonally closed area on Stukel Mountain. The season-of-use for these allotments is within the time period of April 15 through September 15.

Grazing Management - Environmental Consequences No Action – The No Action alternative would have no effect upon BLM-administered livestock grazing on Stukel Mountain.

Proposed Action – The Proposed Action would have no effect upon BLM-administered livestock grazing on Stukel Mountain. Livestock use on the BLM allotments is authorized during the period when the area is not seasonally closed.

Cumulative Effects – The Proposed Action would have no Cumulative Effects to BLM-administered livestock grazing on Stukel Mountain.

Cultural Resources – Affected Environment Native American use of the area spans many millennia. Stukel Mountain falls within Modoc territory. Ray (1963:202) notes that the Modoc territory was divided into three geographic areas that were named after those who lived in those areas. Of these three areas, the project area falls within the obscure boundary between the Kokiwas (literally, “People of the far out country”) and the Gumbatwas (literally, “People of the west”). The line between the two groups “….follow[ed] the ridge between Lower Klamath Lake and Lost River Valley,…” (Ray 1963:202).

The Modoc lifestyle was semi-sedentary following an annual subsistence round based on local resource availability. The uplands, where the project area is located, typically received seasonal use associated with subsistence needs such as summer deer hunting, berry picking, and camas (Camassia quamash) root gathering. Subsistence resources harvested in the highlands were taken back to permanent villages located along Lost River.

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The prehistoric period ended in the Klamath Basin in 1826-27 with the arrival of Peter Scene Ogden’s Hudson Bay Company expedition, even though, Ogden’s party did not travel near the Lost River area. John C. Fremont’s 1846 Expedition was the first Euro-American party to travel close to Stukel Mountain. His party forded the Lost River near The Gap in May of 1846 and camped at the site of Olene. (Howe 1989:89 and Beckham 2000:10). The next expedition to come near the Stukel Mountain was the Pacific Railroad Surveys of 1855. The party was led by Lt. Robert Stockton Williamson and Lt. Henry Larcom Abbot. During their travels they too camped near The Gap. (Abbot 1855:66).

In 1864, the Klamath Tribes, which included the Klamath, Modoc, and Yahooskin Band of Snake Indians, ceded Stukel Mountain and adjacent areas to the United States government. This action opened the area to Euro-American homesteading and logging.

Logging in the region began in the late 1860s. However, logging as an industrial affair, didn’t start on Stukel Mountain until 1901. In 1901, W.P. Rhoads built a circular mill on the northeastern slope of Stukel. The mill started with the capacity to produce 8,000 board feet, but was later expanded to produce 16,000 board feet. The water used to run the mill was hauled from a spring a mile away (Lamm 1941:12-13). Later in 1905, the mill was sold to the Turner Brothers and moved next Dixon Spring (Helfrich 1969:43-44).

Currently, the project area is used for cattle grazing and commercial timber harvest. Local residents hunt, sport shoot, and drive Off-Highway Vehicles for recreation throughout the area.

This project is categorized as one, "that does not have the potential to cause effects on historic Properties" per 36 CFR 800.3(a)and (a)(1) because ground disturbing activities will be minimal. Placement of the gate posts, and any needed rocks, trenches and fences will be closely monitored.

Cultural Resources – Environmental Consequences No Action – This alternative would have no effect on cultural resources.

Proposed Action – This alternative could provide additional protection to cultural sites during the winter when road surfaces and soils are wet.

Cumulative Effects – The proposed project should have no cumulative impacts upon cultural resources.

Recreation Resources - Affected Environment Recreational use of the proposed treatment/project area generally consists of dispersed motorized and non- motorized uses such as camping, hiking, horseback riding, mountain biking, hunting, hang gliding and wildlife viewing. No developed recreation sites occur in the vicinity of the gates.

Recreation Resources - Environmental Consequences No Action – This alternative would have no effect on recreation resources or the public. The public would continue to have intermittent (illegal) access to the Stukel Mountain area during the seasonal closure for motorized recreation.

Proposed Action – Minor delays to recreationists during project implementation could be expected. The project will effectively implement the seasonal off-highway vehicle closure for Stukel Mountain. Motorized recreationists will no longer be able to (illegally) access the area during the closure period. Gate installation, could have minor effects on non-motorized recreation, including horseback riding and mountain biking but those users could legally go around the gates. Improved conditions for hiking, bird and wildlife viewing and hunting may occur after the gates are installed and the seasonal closure is fully implemented.

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Cumulative Effects – The proposed project should have no cumulative impacts upon recreation resources.

Visual Resources - Affected Environment The project area is located in Visual Resource Management (VRM) class III and IV areas. Class III areas are to be managed for moderate levels of change to the existing character of the landscape. Class IV objectives allow major modifications of the existing character of the landscape.

Visual Resources - Environmental Consequences No Action – This alternative would have no effect on visual resources.

Proposed Action – For visual and scenic resources, VRM class III and IV objectives for the treatment area will be met.

Cumulative Effects – The proposed project would have no cumulative impacts upon visual resources.

CHAPTER 4 – CONSULTATION Endangered Species Act (ESA) Consultation “No Effect” determination was made for all listed species. Consequently, no ESA consultation is needed.

The Klamath Tribes Director of Cultural and Heritage, Perry Chocktoot, Jr. was consulted on the project January 11, 2010 and had no concerns with enforcing the seasonal closure.

CHAPTER 5 – LIST OF PREPARERS Molly Boyter Noxious Weeds and Special Status Plants Brooke Brown Archaeologist Madeline Campbell Silviculturist Dana Eckard Range Conservationist Andy Hamilton Hydrologist Matt Broyles Wildlife Biologist Don Hoffheins Planner Eric Johnson Fuels Management Specialist Kathy Lindsey Writer-Editor Brian McCarty Engineer Rob McEnroe Forester Rob Roninger Fish Biologist Scott Senter Recreation & Visual Resources

CHAPTER 6 – MITIGATION MEASURES Noxious Weeds • In order to prevent the potential spread of noxious weeds into the Klamath Falls Resource Area, Lakeview District BLM, the operator shall be required to clean all construction equipment and vehicles prior to entry on BLM lands. • If the job site includes a noxious weed infestation, require cleaning of all equipment and vehicles prior to leaving the job site.

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• Cleaning shall be defined as removal of all dirt, grease, plant parts, and material that may carry noxious weed seeds into BLM lands. • Cleaning prior to entry onto BLM lands may be accomplished by using a pressure hose. • Construction equipment may be visually inspected by a qualified BLM specialist, to verify that the equipment has been reasonably cleaned. • Any noxious weed populations that are encountered prior to gate installation by BLM staff will be identified and either treated with herbicide, mowed, or flagged for avoidance. • Noxious weeds in the immediate area of operations will be mowed to ground level prior to seed development. • Conduct monitoring activities related to proposed treatments as described in the Klamath Falls ROD.

Cultural Resources • In implementing this project, BLM would follow procedures for cultural protection and management outlined in the KFRA ROD/RMP (page 43), and protect identified sites by buffering. • In accordance with guidelines and directives in the Klamath Falls Resource Area RMP, BLM regulations, and the National Historic Preservation Act, areas not included in previous archaeological surveys will be surveyed before any ground-disturbing action is undertaken.

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APPENDIX A – BIBLIOGRAPHY

Abbot, Lt. Henry L. Explorations for a Railroad Route from the Sacramento Valley to the Columbia River. In Reports of Explorations and Surveys to Ascertain the Most Practicable and Economic Route for a Railroad from the Mississippi River to the Pacific Ocean. Vol. VI. House Executive Document No. 91, 33 Cong., 2 Sess.

Beckham, Stephen Dow The Gerber Block: Historical Developments on the Public Rangelands in Klamath County, Oregon. Report submitted to Bureau of Land Management Department of the Interior, Lakeview District, Klamath Falls Resource Area, Klamath Falls, Oregon.

Drew, Harry J. Maud Baldwin – Photographer. Klamath County Museum Research Paper No. 10. Klamath County Museum, Klamath Falls, Oregon.

Helfrich, Devere Sawmillls of the Merrill Vicinity… In Klamath Echoes, Merrill-Keno Issue. No. 7, pp.43-44. Klamath County Historical Society.

Howe, Carrol B. Frontier Stories of the Klamath County. Herald and News, Klamath Falls, Oregon.

Lamm, W.E. 1941 Lumbering in Klamath. Manuscript on file at Bureau of Land Management, Klamath Falls Resource Area, Klamath Falls, OR.

Ray, Verne F. 1963 Primitive Pragmatists, The Modoc Indians of Northern California. University of Washington Press, Seattle.

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APPENDIX B – MAPS Figure 1: Proposed New Location of the Webber Road Gate

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Figure 2: Location Map of Three New Gates

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Figure 3: Location Map of Hill Road Gate Replacement

Stukel Gates Environmental Assessment (#DOI-BLM-OR-L040-2009-0004-EA) Page 15

UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT Klamath Falls Resource Area

DRAFT Finding of No Significant Impact for the Stukel Gates Environmental Assessment (#DOI-BLM-OR-L040-2010-0004-EA)

Background The Interdisciplinary Team for the Klamath Falls Resource Area (KFRA), Lakeview District, Bureau of Land Management (BLM), has completed an Environmental Assessment (EA) to analyze the impacts of installing new heavy duty steel swing gates at a total of five locations on Stukel Mountain. The gate posts would be set in concrete. Potential site modifications at the five gate sites include trenches, earth and/or log berms, rock piles, short pieces of wire fencing, and rows of large rocks. All gates would be set to allow passage of vehicles and equipment at least fourteen feet wide when open. All gates and related structures constructed under this project would have official BLM signs installed where appropriate. Signs would indicate the closure period, reasons for the closure, and who to contact for additional information regarding the closure.

Stukel Mountain is located south and east of Klamath Falls, Oregon within the Klamath Falls Resource Area. The purpose of the proposed project is to physically facilitate the existing seasonal closure of the Stukel Mountain area. Since 1995, this area has been legally and administratively closed to off-highway vehicles (OHVs) from November 1 through April 15 by the Record of Decision for the 1995 Klamath Falls Resource Area Resource Management Plan (1995 RMP ROD pg. 51-52), and Federal Register (Vol. 63, No.113, pg. 32244 - 32245). This project is needed because the current system of closure structures is ineffective at keeping unauthorized motorized vehicles out of the designated closure area during the designated closure period.

Analysis of Potential Effects The proposed action and the “no action” alternative were analyzed for significant effects as per the Council on Environmental Quality (CEQ) Regulations - 40 CFR § 1508.27. The following criteria listed under 40 CFR § 1508.27(b) were considered and found to be not applicable to this action: significant beneficial or adverse effects; significant effects on public health or safety; effects on the quality of the human environment that are likely to be highly controversial; anticipated cumulatively significant impacts; highly uncertain or unknown risks; and precedents for future actions with significant effects.

The following unique characteristics (Critical Elements of the Human Environment), listed in 40 CFR § 1508.27(b)(3), are not present and will not be affected: prime or unique farmlands; floodplains; wilderness; solid or hazardous waste; Wild and Scenic Rivers, and Areas of Critical Environmental Concern (ACECs).

In regard to 40 CFR § 1508.27 (b)(8), no adverse impacts are expected to cultural, scientific, or historical resources. The proposed area has been surveyed for cultural resources using BLM Class III survey methods. Surveys for cultural resources were reviewed and known sites occur. There are no sites, structures or objects listed or eligible for listing in the National Register of Historic Places. The placement of the gate posts, and any needed rocks, trenches and fences will be closely monitored.

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There will be no significant impacts to any special status species or habitat that has been determined to be critical under the Endangered Species Act [40 CFR § 1508.27 (b)(9)]. Surveys of the proposed treatment area were conducted for Threatened and Endangered species and special status species. As per 40 CFR § 1508.27(b)(10), this action conforms to all applicable Federal, State, and local laws and regulations. The action is consistent with Executive Order 12898 which addresses Environmental Justice. No potential impacts to low-income or minority populations have been identified internally by the BLM or externally through public notification and involvement. Consultation with local tribal governments has not identified adverse effect to any unique or special resources providing religious, employment, subsistence or recreation opportunities.

Pursuant to Executive Order 13212, the BLM must consider effects of this decision on National Energy Policy. There will be no known adverse effect on National Energy Policy. Within the project area there are no known energy resources with commercial potential and energy producing or processing facilities.

Determination The anticipated environmental effects contained in the environmental assessment, are based on the most current science, professional judgment, and experience of the Interdisciplinary (ID) team and Klamath Falls Resource Area staff. Based on the information within the environmental assessment, it is my determination that none of the alternatives analyzed constitute a significant impact affecting the quality of the human environment greater than those addressed in the:

• Klamath Falls Resource Area Resource Management Plan and Final Environmental Impact Statement (RMP/FEIS, September 1994) and its Record of Decision (ROD, June 1995) • Klamath Falls Resource Area Integrated Weed Control Plan EA (1993). • Final Environmental Impact Statement, Vegetation Treatments on BLM Lands in Thirteen Western States (1991). • Interior Columbia Basin Ecosystem Management Project and the Eastside Draft Environmental Impact Statement (ICBEMP, May 1997).

Therefore, an Environmental Impact Statement, or a supplement to the existing RMP or Environmental Impact Statement, is not necessary and will not be prepared.

Donald J. Holmstrom Date Manager, Klamath Falls Resource Area

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