FINAL Supplemental Final Environmental Impact Statement

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FINAL Supplemental Final Environmental Impact Statement Chapter 2 – Alternatives United States Department of FINAL Agriculture Forest Service Supplemental Final November 2011 Environmental Impact Statement Bozeman Municipal Watershed Project Bozeman Ranger District, Gallatin National Forest Gallatin County, Montana Looking north from the BMW Project area between the Hyalite and Leverich Creek divide toward Bozeman, MT. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual‟s income is derived from any public assistance program. (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 USDAs TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250- 9410, or call (800) 795-3272 (voice) or (202)720-6382 (TDD). USDA is an equal opportunity provider and employer. 2 Chapter 2 – Alternatives Changes Between SFEIS (May 2011) and Final SFEIS (November 2011) Incorporation of the following changes and the inclusion of Appendix B – Response to Comments are the extent of the changes to the Supplemental Final Environmental Impact States (May 2011) that make up the Final SFEIS (November 2011). The Final SFEIS (November 2011) replaces SFEIS (May 2011) in its‟entirety. An errata sheet with the following updates and Appendix B will be circulated. Abstract, page v: Paragraph 1, add this sentence : The Final Supplemental EIS (November 2011) incorporates minor changes to the SFEIS and incorporates Appendix B – Response to Comments. The Final SFEIS (November 2011) replaces SFEIS (May 2011) in its‟ entirety. Replace paragraph 3 with: The Final Environmental Impact Statement (March 2010) contains all other supporting analysis. A notice of availability for this Final SFEIS will be published in the Federal Register in December and the changes will be circulated. A Record of Decision will be released shortly after the Final SFEIS (November 2011). A legal notice announcing availability of the Record of Decision will be published in the Bozeman Daily Choronicle and will initiate a 45 day administrative appeal period. Summary, page vi: Replace the last sentence of paragraph 4 and all of paragraph 5 with this paragraph: The Final SFEIS (November 2011) replaces the May 2011 version in its entirety and includes minor changes along with the agency responses to comments from the comment period in June 2011. Responses are in Appendix B of the Final SFEIS. A NOA for the Final SFEIS will be in the Federal Register in December and the decision will be published shortly thereafter. A legal notice announcing availability of the Final SFEIS and the Record of Decision will be published in the Bozeman Daily Chronicle and will initiate a 45 day administrative appeal period. Table of Contents, page viii: Add to the Table of Contents: Appendix B - Response to Comments ………………………………………………………… 244 Background, page 3: Replace paragraph 2 with: In addition, a few court cases were decided that may have implications or precedent setting findings for the BMW project. These include direction on species viability, a ninth circuit decision on the Smith Creek Fuels Reduction project concerning big game habitat components and an Oregon case (Northwest Environmental Defense Center v. Brown) concerning the use of a Clean Water Act exemption for forest roads. The reader will find a discussion of these findings in this SFEIS. Finally, based on claims raised in appeal of the February 2011 decision, it was determined that the February 2011 version of the supplemental EIS should be revised to further clarify the analysis of certain issues and to address new additions to the sensitive species list. The SFEIS was released for public comment in May 2011. The Final SFEIS (November 2011) includes Appendix B –Response to Comments and minor changes to incorporate discussion about the comment period. See the list of changes behind the cover page. The Final SFEIS (November 2011) replaces the May 2011 version in its entirety. Public Involvement, p. 5: Replace the last two paragraphs in this section with: A supplemental FEIS (SFEIS) and new Record of Decision (ROD) were published in February 2011. The SFEIS contained these additional analyses and reviews, and a correction related to sensitive plants. In May of 2011 and based on input from others in the Forest Service, the Gallatin Forest Supervisor felt it was best to offer a more formal period for the public to comment on the SFEIS before finalizing her decision. Based on claims raised in appeal of the February 2011 decision she also believed that the supplemental EIS should be revised to further clarify the analysis of certain issues and to address new additions to the sensitive species list. Therefore she chose to withdraw the February 2011 Record of Decision and released the SFEIS for public review and comment in May 2011. A Notice of Availability (NOA) of the Supplemental FEIS (May 2011) was published in the Federal Register on June 7, 2011. A legal notice announcing the comment period for the SFEIS was published in the Bozeman Daily Chronicle, which is the newspaper of record for the Gallatin National Forest. The Final SFEIS (November 2011) replaces the May 2011 version in its entirety and includes minor changes along with the agency responses to comments from the comment period in June 2011. Responses are in Appendix B of the Final SFEIS. A NOA for the Final SFEIS will be in the Federal Register in December and the decision will be published shortly thereafter. A legal notice announcing availability of the Final SFEIS and the Record of Decision will be published in the Bozeman Daily Chronicle and will initiate a 45 day administrative appeal period. Mailings will be sent to all commenters and interested persons announcing availability of the Final SFEIS, Record of Decision and administrative appeal rights. Appendix A – Header, p. 229: Fix typo in the header, replace with: Appendix A – Soil and Water Best Management Practices Appendix B –Response to Comments: Appendix B is added, pages 244-271. Note: Based on the public comment period in June/July 2011, there was no need for additional analysis in the Supplemental Final Environmental Impact Statement (May 2011). However, we are providing responses to the comments in Appendix B. The Appendix includes factual corrections, sources where comments are addressed and minor changes in the content. In accordance with CFR 1503.4 the comments, responses and changes will be circulated. The addition of minor changes to the SFEIS (May 2011) described in this section and Appendix B are the only revisions to the SFEIS since May. iv Bozeman Municipal Watershed Project Final Supplemental Environmental Impact Statement Gallatin County, Montana Lead Agency: USDA Forest Service Responsible Official: Mary C. Erickson Gallatin Forest Supervisor For Information Contact: Teri Seth NEPA Team Leader 3710 Fallon St., Ste C. Bozeman, MT (406) 522-2520 Abstract: The Supplemental Final Environmental Impact Statement (SFEIS) presents supplemental analysis to the Final EIS. The need for additional information resulted from an administrative appeal review in June 2010 and court decisions since the Final EIS and Record of Decision in March 2010. The court decisions had direct bearing on the standards and analysis for this project. This Supplement presents new information on elk and other big game species, fisheries, sensitive species, soils, water quality, weeds, management indicator species, roadless areas, climate change alternative and consideration of reasonably foreseeable actions identified since March 2010. The supplemental analysis generally discloses reduced impacts to these resources as compared to effects previously discussed; and affirms previous conclusions about the potential alternatives and compliance with current direction. The Final Supplemental EIS (November 2011) incorporates minor changes to the SFEIS and incorporates Appendix B – Response to Comments. The Final SFEIS (November 2011) replaces SFEIS (May 2011) in its‟ entirety. Six alternatives were considered: All alternatives except the No Action were designed in whole or in part to address the purpose and need for action. Alternative 1 – No Action, Alternative 2 – Proposed Action, Alternative 3 – increased treatment and effectiveness from the proposed action, Alternative 4 – Prescribed burning emphasis with small tree thinning, Alternative 5 – mitigation for scenery, west slope cut throat trout and water quality, Alternative 6 – mitigates for scenery, west slope cut throat trout and water quality while recognizing the implementation limitations associated with helicopter logging. Alternative 6 is the preferred Alternative in the FEIS. Alternative 4 is the environmentally preferred alternative but was not selected because it does not meet the purpose and need as aeffectively as other alternatives. The Final Environmental Impact Statement (March 2010) contains all other supporting analysis. A notice of availability for this Final SFEIS will be published in the Federal Register in December and the changes will be circulated. A Record
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