DECISION MEMO
Portland Post Office Community Club Driveway Relocation
August, 2010
USDA Forest Service, Mt. Hood National Forest Zigzag Ranger District Clackamas County, Oregon
T3S, R 8E, Section 18, W. M., Clackamas County, Oregon
Decision
I have decided to authorize the Portland Post Office Community Club (Post Office Club) to construct a new driveway to their cabin on National Forest System lands, located on the Zigzag Ranger District of the Mt. Hood National Forest, at the end of Forest Road 35B, approximately 3 miles southeast of Rhododendron, Oregon. Implementation of this decision may occur immediately.
The existing driveway is shared with a neighboring residence on Lot 29, and to access the Post Office Club, vehicles must pass within feet of the cabin. Because the Post Office cabin is a “club” cabin with multiple users who often arrive late at night, conflicts have resulted due to the disturbance of the Lot 29 residents. A new driveway needs to be constructed to access the Post Office Club; located at an adequate distance from Lot 29.
Proposed Action
The Post Office Club has requested approval to change the access to their cabin at the end of Road 35B by decommissioning a portion of the road they currently use and improving an existing, underused road so that it will replace the current one. The improved road will run 250ft in a generally southwest direction before rejoining the existing access driveway 145 ft to the east of the Post Office Club cabin (see map in Project Folder). This route will have minimum impact on existing vegetation and will not remove any large trees or impact their root systems. The road width will not exceed 9 feet and only one 3” dbh maple will need to be removed. There will be no clearing of vegetation for equipment access entering (see Botany BE). The improved road will follow the current alignment; with one short realignment of about 35 feet between sites 3 and 4. Soil disruption would be limited to this section where a cut and fill will reduce the existing 6 ft. bank. A second short, 3 ft grade drop between location #7 and #8, will be filled with 2”, 1 ½” crushed rock.
1 At the same time the new road is being improved, the old road will be fully decommissioned. This includes de-compaction of the road prism, re-contouring where needed, seeding and mulching of the road bed immediately after road decommissioning is complete, and planting of native trees and understory plants in the fall when conditions permit.
Required Design Features and Best Management Practices
Fisheries
The Post Office Club cabin is located entirely within designated riparian reserves for the Zigzag River and Devils Canyon Creek. And as such, must meet Aquatic Conservation Strategy (ACS) goals of the Northwest Forest Plan and Essential Fish Habitat. It is critical that the long term health and function of the riparian plant community is maintained and/or restored. Thus, the project will include the following mitigation measures to ensure that the long term attainment of ACS objectives is met.
I. Fisheries Road Decommissioning Design Features - The following measures are required to be followed for decommissioning the segment of existing driveway that will no longer be utilized.
1. The old driveway will be fully decommissioned from the west side of Road 35B, Lot 29 cabin, to the intersection with the new access road. This includes de-compaction of the road prism, re-contouring where needed, seeding and mulching of the road bed immediately after road decommissioning is complete, and planting of native trees and understory plants in the fall when conditions permit (see Botany Design features). 2. To minimize ground disturbance equipment operators will use the minimum sized equipment necessary to complete the job. This includes using small excavator buckets, hand digging trench lines. 3. User trails and way trails will be decommissioned and planted per the Botany Design Features. 4. No new parking areas will be developed at the cabin and all cars will continue to be parked at the turn around on Road 58. 5. The road will not be widened in the future to provide for access for utility vehicles and care shall be taken to not damage trees or roots along the new driveway. 6. During construction activities a soil and water protection coordinator (from the Zigzag Ranger District) will be assigned with the following duties: Oversee the implementation of the soil and water protection design criteria; Conduct or oversee daily site inspections to ensure effectiveness of soil and water protection design criteria; Oversee the maintenance of structural soil and water protection design criteria; Ensure that any changes to the construction site plans are addressed by coordinating with the Forest Service
2 aquatics staff and insuring that any new soil and water protection design criteria are implemented. 7. II. Fisheries New Driveway Construction Design Features - The following measures are required to be followed during the construction of the new driveway segment.
1. Every effort shall be made to minimize the total impacted area, and associated exposed soils and fill will be piled on level ground away from steep breaks in the terrain to minimize surface flow of silted rainwater run- off into the nearby tributary. Fill produced by all excavation should be evenly distributed on the road surface or removed from the site. 2. If large boulders or downed wood are excavated or moved during the process they should be evenly distributed throughout the disturbed area to achieve a pre-disturbance “natural” look. 3. Certified weed-free mulch will be placed on disturbed ground to mitigate any potential erosion into the surrounding environment. 4. Minimize impacts to existing vegetation; especially large diameter trees and their roots. 5. All equipment working at the site should be in good working order and free of leaks and washed prior to being mobilized to the site to minimize transferring noxious weeds from other work sites. 6. Maintenance and refueling of equipment should occur outside of the Zigzag River and tributary floodplains or any other bodies of water (150 feet or greater from the wetted channel). 7. Erosion control work would be completed prior to any expected precipitation event (as defined by when the National Weather Service, or other accepted source, predicts a 50% or higher chance of measurable precipitation for the local area). 8. Earth disturbing operations would be suspended of there is more than 1.0 inches of rain in 24 hour period at the Log Creek Remote Automated Weather Station (http://www.wrh.noaa.gov/mesowest/getobext.php?wfo=pqr&sid=LGFO3 &num=48&raw=0&banner=off) and/or streamflow in the Bull Run River above the reservoirs exceeds 200 cubic feet per second (http://waterdata.usgs.gov/or/nwis/uv/?site_no=14138850&PARAmeter_cd =00065,00060). Operations would remain suspended until the Bull Run River drops below 200 cubic feet per second and there is less the 1.0 inches of rain in a 24 hour period at the Log Creek Remote Automated Weather Station.
III. Fisheries/Aquatics Best Management Practices for Recreation Residence Soil Disturbing Actions
1. The ground disturbance work will only be conducted during dry site conditions in late spring, summer, or early fall. Excavation activities will
3 not take place during saturated soil conditions. Operations will not occur if there is over 0.5 inches of rain in the past 24 hours at the Log Creek Weather Station: (http://www.wrh.noaa.gov/mesowest/getobext.php?wfo=pqr&sid=LGFO3&num=48&raw =0&banner=off). If Log Creek Weather Station is not operational use South Fork Bull Run Weather Station: (http://www.wrh.noaa.gov/mesowest/getobext.php?wfo=pqr&sid=SFBO3&num=48&raw =0&banner=off). 2. Every effort shall be made to minimize the total impacted area, associated exposed soils, and fill will be piled on level ground away from steep breaks in the terrain to minimize surface flow of silted rainwater run-off into nearby water bodies. Fill produced by all excavation should be evenly distributed on ground disturbed by the project. 3. To minimize ground disturbance equipment operators will use the minimum sized equipment necessary to complete the job. This includes using small excavator buckets, hand digging trench lines. Every effort should be made to minimize impacts to existing vegetation; especially trees and their root systems. 4. Oregon State Certified weed-free mulch must be placed on disturbed ground within 48 hours of project completion to mitigate any potential erosion into the surrounding environment. Mulch should completely cover the impacted area and be a minimum depth of 2 – 4 inches. 5. If large boulders or downed wood are excavated or moved during the process they should be evenly distributed throughout the disturbed area to achieve a pre-disturbance “natural” look. 6. Where sediment risks warrant, reduce offsite soil movement through use of redundant filter materials (such as straw bales or silt fencing) if vegetated areas between the site and water bodies if vegetated areas are not present. 7. If specified in the design criteria, impacted areas will be seeded within 2 weeks of project completion with native grass seed from the appropriate seed zone, or annual ryegrass or cereal grain seed (seed must be tested to be free of all Oregon State noxious weeds) at the rate of 150 pounds per acre; and mulched with straw of annual or cereal grain species such as annual ryegrass or wheat from certified weed-free fields at the rate of 4000 pounds per acre.
Hydrology
1. The existing driveway between road lot 35B-29 and the intersection of the new driveway will be decommissioned. The driveway surface shall be de-compacted the entire width (shoulder to shoulder) to a minimum depth of 18 inches. Material generated from de-compaction activity shall be turned and placed back into excavated crater. Use of local downed woody debris, stumps and boulders may be scattered about treated area. All exposed soil as a result of operations shall be seeded and mulched.
4 2. During construction activities a soil and water protection coordinator will be assigned with the following duties: Oversee the implementation of the soil and water protection design criteria; Conduct or oversee daily site inspections to ensure effectiveness of soil and water protection design criteria; Oversee the maintenance of structural soil and water protection design criteria; Ensure that any changes to the construction site plans are addressed by coordinating with the Forest Service aquatics staff and insuring that any new soil and water protection design criteria are implemented. 3. Due to the close proximity of Zigzag River earth disturbing activities associated with project implementation will be limited to dry season (July 15 through September 30). 4. Erosion control work would be completed prior to any expected precipitation event (as defined by when the National Weather Service, or other accepted source, predicts a 50% or higher chance of measurable precipitation for the local area). 5. Forest clearing would be reduced to the extent practical through careful layout during construction; the area of soil compaction would be reduced by limiting access by construction equipment. 6. Clearing limits and trees greater than 8 inches DBH to be removed would be reviewed in the field and approved by the USFS aquatics personnel prior to ground disturbance. 7. If gravel or soil is imported from outside the project area, it should be determined to be from a source approved by the Zigzag District or the MHNF botanist as noxious weed free. 8. The entire length of the new driveway be surfaced with 2" of crushed rock compacted by construction roll-over vehicle. 9. The clearing width dimension of the driveway is limited to 9 feet except for the portion of the road adjacent to point #4 will be closer to 15 ft. due to the spread of the fill. 10. Excavated material from the cut will be used in the adjacent fill. 11. Gabions will not be required. There are sufficient large rocks and boulders on site and in the excavated area that will be used to sufficiently constrict the fill material.
Botany
A. The following design features are designed to prevent the introduction and/or spread of invasive nonnative plants during driveway construction:
1. Clean all vehicles and heavy equipment that will be used on the project with high- pressurized water before entering the Mt. Hood National Forest. Thoroughly clean the undercarriages, front grilles, radiators, wheels, tires, and other parts of all vehicles where weed seed or plant parts of weeds capable of generating new plants can be lodged. (Note: some invasive nonnative plants can reproduce from even small stem or root fragments.) This practice of cleaning vehicles with
5 pressurized water does not apply to service vehicles traveling frequently in and out of the project area that will remain on the roadway. 2. Avoid creating soil conditions that promote weed germination and establishment. For example, minimize the disturbance footprint of the driveway as much as physically possible. Invasive nonnative plants are opportunists that exploit disturbed soil (growing space). 3. Remove herb Robert (Geranium robertianum), a highly invasive nonnative plant species, growing along the driveway leading into lot 29. Annual hand-pulling of the plants will be needed. Herb Robert also infests the roadsides of FS road 2635B. These roadside populations are the “source population” for the driveway infestation. Gaining control of the driveway infestation will depend on effective control of the nearby roadside populations. Plants and seed are probably being spread by wind, animals, and vehicles. 4. Remove English laurel (Prunus laurocerasus), a nonnative landscaping ornamental shrub, growing along the segment of the driveway (between lot 29 and the Post Office Club cabin) to be decommissioned. The patch of ground occupied by English laurel shrubs is about 50 x 30 ft. in size. English laurel is not native and its seeds can be spread by birds. This shrub resembles rhododendron with its glossy evergreen leaves and stout stems and branches, but the leaves are a brighter green, waxy, and apiculate (ending abruptly in a slender point) and the leaf margins are serrate (finely toothed).
B. The following design features should be incorporate to revegetate the segment of the driveway to be decommissioned and the patch of ground where English laurel will be removed:
1. Use only locally collected native plants and seed and/or transplant nearby native plants (a mix of tree seedlings, shrubs, ferns, and forbs). Avoid the use of non- local native plant materials (e.g., plants or seed collected from the east side of the Cascade Range or imported from outside the Puget Sound/Willamette Valley region). Such plants may not be suitably adapted to the climate of the western Cascade Range, may be less resistant to insects and diseases in our area, and, most importantly, may introduce new genotypes (particularly deleterious alleles) that can harm local populations of the same species. Never use invasive nonnative plants to revegetate (restore) a site. If locally collected native plants or seed are not available, then use nonnative species that are non-invasive and non- persistent (e.g., Lolium multiflorum [annual ryegrass]). 2. It is preferable to use a combination of native trees, shrubs, ferns, and/or forbs for restoring vegetation at the site, but there may be a need to plant grass seed as a short-term measure to prevent soil erosion for the first few years following driveway decommissioning and non-native plant removal. Annual ryegrass (Lolium multiflorum), a non-native, non-invasive, non-persistent grass, may be a better choice for seeding for erosion control than blue wildrye (Elymus glaucus), a native perennial grass, because the area is closed-canopy forest where shade- tolerant trees, shrubs, ferns, and forbs (rather than grasses) grow and flourish. If blue wildrye is planted, it will persist longer than annual rye, delaying recolonization by native trees, shrubs, ferns, and forbs. With the use of annual
6 rye, gradually, over a relatively short period of time (3-5 years), nearby native trees, shrubs, ferns, and forbs will recolonize the site. Within 48 hours of project completion, all project-related exposed mineral soil will be seeded with annual rye at a rate of 30 lbs/acre or a seed mix recommended by the district botanist and mulched with Oregon certified weed free straw at a rate of 4,000 lbs/acre, scattered to a depth of two inches. 3. Revegetate the segment of driveway to be decommissioned as well as the patch of ground where English laurel will be removed by planting a combination of tree seedlings, shrubs, ferns, and/or forbs to create a mix of biodiversity and structural complexity that will aid in quicker re-establishment of a healthy and resilient native plant community at the site. For tree species, plant western red cedar (Thuja plicata) and Douglas-fir (Pseudotsuga menziesii) seedlings. Western red cedar is shade-tolerant and disease-resistant and will grow well in the understory. Douglas-fir is not as shade-tolerant or disease-resistant and will grow slowly in the understory, but it is a species that is abundant in the area. Pacific yew (Taxus brevifolia) is another tree species present in the area. Planting of yew, if available, would add to the tree diversity in the area. Seedlings originating from the Mt. Hood National Forest may be available for planting. It is always best to use local native plant materials whenever possible. Contact Nancy Lankford, the forest silviculturist, to inquire about the availability of seedlings for planting. If seedlings from the Mt. Hood National Forest are not available, seedlings can be purchased at a native plant nursery in the Portland metropolitan area; however, it is critical to use seedlings originating from the west side of the Cascade Range in Oregon or Washington. See list of native plant nurseries below. 4. Vine maple (Acer circinatum), Oregon grape (Mahonia nervosa), sword fern (Polystichum munitum), salal (Gaultheria shallon), false Solomon’s seal (Maianthemum racemosum), and twinflower (Linnaea borealis) are the best to plant. Unfortunately, locally collected individuals originating from the Mt. Hood National Forest for these species are not available for planting, leaving two alternative options: (a) dig up and transplant individuals growing nearby or (b) purchase individuals from a native plant nursery. Pro’s and con’s are associated with either option. Transplanting eliminates concerns about the introduction of non-local, ill-adapted plants and genetic contamination (harmful alleles), but creates further disturbed ground (when digging up plants) that potentially can be colonized by invasive plants growing in the area (particularly herb Robert). Purchasing individuals from a native plant nursery risks the introduction of non- local plants that are ill-adapted to the site and the introduction of harmful alleles, but avoids additional ground disturbance. Determining which option (a or b) works best can best be evaluated by those actually doing the restoration/planting work. Perhaps there is opportunity to use a combination of both options. 5. The Post Office Club will monitor tree and understory survival and will replant as needed to achieve planting plan goals. The Post Office Club will also monitor for and hand remove invasive weeds within the project area. Revegetation of the site will be a “trial-and-error” (adaptive management) exercise involving some planning, judgment, creativity, monitoring, and replanting later. 6. Keep in mind that invasive nonnative plants are colonizers of bare exposed ground (unoccupied growing space). Filling up the unoccupied growing space as
7 much as possible (imagine planting a garden) will prevent invasive plants from moving in. Begin first by planting tree seedlings and then inter-planting shrubs, ferns, and/or forbs between the tree seedlings. It may be best to plant tree seedlings systematically using a grid pattern (e.g., 4 x 4 to 6 x 6 ft. spacing), but some aggregation (clumping) of trees is also acceptable. A systematic approach to planting tree seedlings, however, may lead to a closed forest canopy sooner and avoid the need for thinning clumped (densely planted) trees in the future. 7. Use only certified weed-free and weed-seed-free mulch (e.g., wood fiber, straw) to provide ground cover for plantings, transplants, or grass seed or to prevent disturbed growing space from being occupied by invasive species. Avoid the use of hay, which has a higher likelihood of containing weed seed than do wood fiber or straw. A list of certified weed-free mulch providers can be obtained at the Oregon Department of Agriculture website or by consulting with the westside zone botanist or district hydrologist.
Analysis
A project file has been prepared in conjunction with this decision memo. That file consists of: project description, public scoping documentation, biological evaluations for threatened and endangered plant, animal, and fish species, and a Heritage Resource report and Finding.
Scoping and Public Involvement
Scoping for this project included review of the management direction for the area in the Land and Resource Management Plan for the Mt. Hood National Forest (Forest Plan), and the Northwest Forest Plan. An interdisciplinary team consisting of a fisheries biologist, wildlife biologist, botanist, archeologist, and hydrologist were assigned to analyze the effects of this project.
The project was listed in the Spring, 2009 (and subsequent issues) of the Mt. Hood National Forest Schedule of Proposed Actions; and posted on the Mt. Hood National Forest web site at: http://www.fs.fed.us/r6/mthood/projects/nepa_project.shtml?project=32839
No comments have been received.
Reasons for Categorically Excluding the Proposed Action
I find that the proposal to repair the fill failures on Forest Roads 2612 and 2612240 fits under Category Number 3, in Section 31.2 of the Forest Service Handbook 1909.15- 2009-1, April 17, 2009; Approval, modification, or continuation of minor special uses of NFS lands that require less than five contiguous acres of land.
8 Projects of this type have been found to not individually or cumulatively have a significant effect on the quality of the human environment and, therefore may be categorically excluded from documentation in an Environmental Impact Statement (EIS) or Environmental Assessment (EA).
I also find that this action does not involve any extraordinary circumstances as listed in Section 30.4 of the Forest Service Handbook 1909.15-2009-1, April 17, 2009 (1-7 listed below). The mere presence of one or more of these resource conditions does not preclude use of a categorical exclusion (CE). 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))
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.
The Endangered Species Act requires that federal activities do not jeopardize the continued existence of any species federally listed or proposed as threatened or endangered, or result in adverse modification to such species designated critical habitat. Biological Evaluations were prepared for sensitive, threatened or endangered wildlife, fish and botanical species. These are available in the project record, located at the Zigzag Ranger District; see the following summary by resource area:
Fish - Based on these mitigation measures and BMP’s, there would be no long-term measurable change from baseline conditions resulting from implementation of this project and the project is not likely to adversely affect critical aquatic habitat or listed species.
Federally Listed Species & Designated Critical Habitat (NMFS)
Suitable habitat for Lower Columbia River (LCR) Chinook salmon, LCR steelhead trout, or LCR coho salmon exists both upstream and downstream in the Zigzag River. However, due to the small scale of the project and the implementation of mitigation measures and BMP’s the proposed action should have no long term effects to listed species or their critical habitat and therefore the project is "Not Likely to Adversely Effect" LCR Chinook salmon, LCR steelhead trout, or LCR coho salmon and designated critical habitat.
Federally Listed Species (USFWS) Although bull trout have been found in neighboring basins (Willamette River and Hood River) and isolated occurrences of adult bull trout have been reported in the lower Sandy River basin, there is no substantiated historical or present evidence that bull trout populations reside in the Zigzag River
9 Watershed. For this reason, the proposed action will have "No Effect" on bull trout or its critical habitat.
Forest Service Region 6 Sensitive Species - Redband/inland rainbow trout (redband trout) occur in the White River, Tygh Creek, Fifteenmile Creek, Fivemile Creek, and Middle Columbia/Mill Creek fifth field watersheds on the Forest. Redband trout populations within the White River and Tygh Creek watersheds are genetically distinct from those in the Deschutes River and are unique among other redband trout populations east of the Cascades (Currens et al. 1990). Rainbow trout within the other watersheds listed above are believed to be the redband subspecies (Behnke 1992), but definitive genetic analysis has not been conducted. On the Zigzag Ranger District, Redband trout are suspected to be present in the Upper Sandy River basin and may occur in the Zigzag Watershed. However, due to the small scale of and scope of the project, the flat terrain, and the distance from the active channel, the proposed action will have little chance to impact the stream, and thus have "No Impact” to redband trout.
Table 1. List of Proposed, Endangered, Threatened, or Regional Forester’s Special Status (PETS) Fish and Aquatic Mollusk Species found on the Mt. Hood National Forest and addressed under this Biological
Evaluation:
Effects of Actions
Alternatives
Habitat Habitat
Present Present
Species Species
Date of Date Critical Habitat
Suitable Suitable Listing & & Listing
Endangered Species Act Listing by ESU/DPS No Proposed Action Threatened Action Lower Columbia River steelhead & CH 1/06 Y Y NE NLAA (Oncorhynchus mykiss) 9/05 Lower Columbia River Chinook & CH 6/05 Y Y NE NLAA (Oncorhynchus tshawytscha) 9/05 Columbia River Bull Trout* 6/98 Y N NE NE (Salvelinus confluentus) Lower Columbia River coho* (Oncorhynchus 6/05 Y Y NE NLAA kisutch)
Regional Forester’s Special Status Species List
Interior Redband Trout 7/04 Y UNK NI MIIH (Oncorhynchus mykiss spp.) Columbia Duskysnail 1/08 Y UNK NI MIIH (Colligyrus sp. nov. 1) Barren Juga 1/08 Y UNK NI MIIH (Juga hemphilli hemphilli) Purple-lipped Juga 1/08 Y UNK NI NI (Juga hemphilli maupinensis) Scott’s Apatanian Caddisfly 1/08 Y UNK NI MIIH (Allomyia scotti) Essential Fish Habitat NAA NAA
10 Endangered Species Act Abbreviations/ Acronyms: Essential Fish Habitat Abbreviations/ Acronyms:
NE No Effect NAA Not Adversely Affected
NLAA May Affect, Not Likely to Adversely Affect AE Adverse Effects
LAA May Affect, Likely to Adversely Affect
Regional Forester’s Regional Forester’s Special Status Species List Abbreviations/ Acronyms:
Unk Species presence unknown but suspected
NI No Impact
MIIH May impact individuals or habitat, but will not likely contribute to a trend towards Federal listing or loss of viability to
the population or species
*critical habitat is not designated for these species on Federal Lands in the Upper Sandy River Basin.
Essential Fish Habitat
Public law 104-267, the Sustainable Fisheries Act of 1996, amended the Magnuson-Stevens Fishery Conservation and Management Act (MSA) to establish new requirement for Essential Fish Habitat (EFH) descriptions in Federal fishery management plans and to require Federal agencies to consult with NMFS on activities that may adversely affect EFH.
The Proposed Action to replace the driveway will have No Adverse Affect on Essential Fish Habitat for Chinook and coho salmon under the 1996 Amendment to the Magnuson-Stevens Fishery Conservation and Management Act (MSA).
Wildlife - A review of the project indicates that there is suitable habitat for the following species:
Northern Spotted Owls - There are no spotted owl known sites within 1.2 miles of the project. The effects determination due to the potential removal of a couple scattered individual trees at the site that are potential suitable habitat trees is May affect, not likely to adversely affect the northern spotted owl. These individual trees are covered under the Biological Opinion issued by the US Fish and Wildlife Service: Biological Opinion Regarding the Effects of Habitat Modification Activities within the Willamette Province, FY 2009- 2010, proposed by the Eugene District, Bureau of Land Management; Salem District, Bureau of Land Management; Mt. Hood National Forest; Willamette National Forest; and the Columbia River Gorge National Scenic Area on the Northern Spotted Owl (Strix occidentalis caurina) and its Critical Habitat (FWS Reference Number 13420-2009-F-0008).
11 Red Tree Voles - A search of the trees that would be potentially removed from this project were found to be suitable habitat for red tree voles but there were no nest located during the survey for this species. So there are no effects to Red tree voles.
Malone’s Jumping Slugs and Oregon Megomphix - There is potential habitat for these two species however the size and scope of this project is not large enough to affect the species persistence at this site so no surveys were done for these species. These species when present occupy a large amount of habitat and this project would not affect the local population if they were disturbed during project implementation. These species are fairly common across the western part of the Mt Hood National Forest. No habitat disturbing activities that would affect any mollusk species occupancy of the site will take place.
The following table summarizes effects to Sensitive Species from the Biological Evaluation which is incorporated by reference and found within the Project File.
Table 2: Special Status Species and Threatened and Endangered Species Species Suitable Impact of Action Alternatives* Habitat Alt. B and C Presence Northern Spotted Owl (Federally Listed as Yes MANLAA Threatened) Johnson’s Hairstreak No No Impact Mardon Skipper No No Impact Oregon Slender Salamander No No Impact Larch Mountain Salamander No No Impact Cope’s Giant Salamander No No Impact Oregon Spotted Frog No No Impact Lewis’s Woodpecker No No Impact White-Headed Woodpecker No No Impact Bufflehead No No Impact Harlequin Duck No No Impact Bald Eagle No No Impact American Peregrine Falcon No No Impact Red Tree Vole Yes No Impact Townsend’s Big-eared Bat No No Impact Fringed Myotis No No Impact California Wolverine No No Impact Malone’s jumping slug Yes No Impact Oregon Megomphix Yes No Impact Puget Oregonian No No Impact Columbia Oregonian No No Impact Evening Fieldslug No No Impact Dalles Sideband No No Impact Crater Lake Tightcoil No No Impact Crowned Tightcoil* No No Impact Salamander Slug* No No Impact Shiny Tightcoil* No No Impact Broadwhorl Tightcoil* No No Impact Columbia Sideband* No No Impact California Shield-backed Bug* No No Impact Belle's Ground Beetle* No No Impact “NI” = No Impact “MII-NLFL” = May Impact Individuals, but not likely to Cause a Trend to Federal Listing or Loss of Viability to the Species
12 * DRAFT Regional Forester and State Director Special Status Species List, April 21, 2010 Change from 2008 Regional Forester Sensitive list.
Botany - Implementation of the project may impact individuals or the habitat of TES vascular plant, bryophyte, lichen, or fungal species, but will not likely contribute to a trend towards Federal listing or loss of viability to the population or the species.
2. Floodplains, wetlands, or municipal watersheds - The project does not include any floodplains, wetlands or municipal watersheds.
3. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas - The project is not located in congressionally designated areas.
4. Inventoried roadless areas or potential wilderness areas - The project is not located in inventoried roadless areas or a potential wilderness area.
5. Research natural areas - The project is not located in research natural areas.
6. American Indians and Alaska Native religious or cultural sites - The project area is not within an American Indian or Alaska Native religious or cultural site.
7. Archaeological sites, or historic properties or areas -
A Heritage Resource study was completed and found that the proposed access driveway will have little or no potential to affect any archaeological resources and is subject to Stipulation III.A.19 of the 2004 Cultural Programmatic Agreement.
Findings Required by Other Laws
National Forest Management Act: The interdisciplinary team reviewed the applicable Standards and Guidelines of this proposal. The analysis demonstrated that this decision is consistent the Mt. Hood Land and Resource Management Plan (Forest Plan), as amended by the Northwest Forest Plan, as required by the National Forest Management Act.
The Forest Plan was developed and approved on October 17, 1990 using the provisions of the planning rule in effect prior to November 9, 2000 (the 1982 planning rule). The Forest Service now has a new planning rule (36 CFR 219, published in the Federal Register on April 21, 2008) referred to as the 2008 planning rule. The 2008 rules specifically states at 36 CFR 219.14(b)(4) that, for plans developed under the 1982 rule, the 1982 planning rule is without effect. There remain no obligations from that regulation, except those that are specifically in the plan. The only requirement specifically provided in the 2008 rule related to projects is at 36 CFR 219.8(e), requiring that projects and activities must be consistent with the applicable plan components. As
13 required by 36 CFR 219.8(e), I have found that this project is consistent with the Forest Plan.
Aquatic Conservation Strategy: I find that this project is consistent with the Aquatic Conservation Strategy (ACS) objectives. I have considered the existing condition of riparian reserves, including the important physical and biological components of the fifth- field watersheds and the effects to riparian resources. I find that the proposed action is consistent with riparian reserve standards and guidelines and will contribute to maintaining or restoring the fifth-field watersheds over the long term.
Clean Water Act and State Water Quality Laws: The Fisheries Biological Evaluation has determined that this project would not have direct or indirect effects to any waterways or riparian areas in or downstream of the action area. In addition, none of the alternatives would affect water temperature in any way. Therefore, this project complies with the Clean Water Act and state water quality laws. With design features and Best Management Practices, water quality will be maintained through implementation of this proposed action.
Appeal Opportunities
This decision is not subject to appeal pursuant to Forest Service regulations at 36 CFR 215.8. Under 36 CFR 215.8(a) (4): Decisions for actions that have been categorically excluded from documentation in an environmental assessment or environmental impact statement in FSH 1909.15, Section 31.1 and 31.2 are not subject to appeal.
Appeal Rights Pursuant to 36 CFR 251, Subpart C
This decision is subject to appeal pursuant to 36 CFR 251, Subpart C, by those who hold or, in certain instances, those who have applied for a written authorization to occupy and use National Forest System lands, if that authorization would be affected by this decision. Any written notice of appeal of this decision must include sufficient narrative evidence and argument to show why this decision should be changed or reversed and be fully consistent with 36 CFR 251.90, Content of Notice of Appeal. Appeals can be hand delivered, or submitted by mail, email, or FAX. They must be postmarked and sent to the Appeal Deciding Officer within 45 days of the date of this letter. The appeal must be sent to the Appeal Deciding Officer: Forest Supervisor Gary Larsen, Attn: Appeals, Mt. Hood National Forest, 16400 Champion Way, Sandy, OR 97055, FAX, (503) 668-1794; email, [email protected]. Simultaneously, a copy must be sent to Zigzag District Ranger, Bill Westbrook (Deciding Officer), 70220 E. Hwy 26, Zigzag, OR 97049, FAX, (503) 622-5622.
CONTACT INFORMATION
Detailed records of this environmental analysis are available for public review at the Zigzag Ranger District. For further information about this decision, please contact Mike
14 Malone at the Zigzag Ranger Station, 70220 E. Highway 26, Zigzag, Oregon, 97049; Phone 503-622-3191; Fax: 503-622-5622; or email: [email protected]
This Decision Memo can be downloaded from the Forest web site at http://www.fs.fed.us/r6/mthood in the Projects & Plans section.
RESPONSIBLE OFFICIAL
/s/ Bill Westbrook Date: _August 4, 2010 BILL WESTBROOK Zigzag District Ranger
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, or marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternate means for communication of program information (Braille, large print, audio, 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 and TDD). USDA is an equal opportunity provider and employer
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