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Actions Covered by the Aquatic Restoration Biological Opinion

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United States<br />

Department of<br />

Agriculture<br />

Forest<br />

Service<br />

May 2011<br />

Decision Notice<br />

East Alsea Landscape Management Project<br />

<strong>Actions</strong> <strong>Covered</strong> <strong>by</strong> <strong>the</strong> <strong>Aquatic</strong> <strong>Restoration</strong> <strong>Biological</strong> <strong>Opinion</strong><br />

Central Coast Ranger District-ODNRA<br />

Siuslaw National Forest<br />

Lincoln County, Oregon<br />

Lead Agency: USDA Forest Service<br />

Responsible Official: Viva Worthington, Deputy District Ranger<br />

Central Coast Ranger District<br />

Siuslaw National Forest<br />

1130 Forestry Lane<br />

Waldport, OR 97394<br />

For Information Contact: Jack Sleeper, Project Lead<br />

Central Coast Ranger District<br />

1130 Forestry Lane<br />

Waldport, OR 97394<br />

(541) 563-8424<br />

jsleeper@fs.fed.us<br />

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on <strong>the</strong><br />

basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status,<br />

parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part<br />

of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all<br />

programs.) Persons with disabilities who require alternative means for communication of program information<br />

(Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and<br />

TDD).<br />

To file a compliant of discrimination, write USDA, Director, Office of Civil Rights, 14t00 Independence<br />

Avenue, SW, Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is<br />

an equal opportunity provider and employer.


1<br />

Decision Notice<br />

East Alsea Landscape Management Project<br />

Riparian <strong>Actions</strong><br />

Project Background, Area, and Needs<br />

This decision addresses a small group of wildlife and fisheries habitat improvement actions in riparian<br />

areas encompassed <strong>by</strong> <strong>the</strong> East Alsea Landscape Management Project Environmental Assessment (<strong>the</strong><br />

Project EA).<br />

The Project EA includes a broad suite of restoration actions within <strong>the</strong> lower Alsea watershed. Most of<br />

<strong>the</strong> actions in <strong>the</strong> Project EA are covered <strong>by</strong> a decision made on May 17, 2011. This decision covers a<br />

subset of actions related specifically to riparian areas. While <strong>the</strong>se riparian actions are addressed in <strong>the</strong><br />

Project EA, <strong>the</strong>y (portion of Alternative 2) have independent utility and can proceed independently from<br />

<strong>the</strong> actions covered <strong>by</strong> <strong>the</strong> May 17, 2011 decision. These riparian treatments are being addressed in a<br />

separate decision in order to facilitate consultation under <strong>the</strong> Endangered Species Act, specifically <strong>the</strong><br />

<strong>Aquatic</strong> <strong>Restoration</strong> <strong>Biological</strong> <strong>Opinion</strong>.<br />

The Project EA includes actions designed to restore aquatic habitat and enhance water quality and stream<br />

function on National Forest System (NFS) lands.<br />

The Project area—about 35 air miles southwest of Corvallis, Oregon (map 1)—includes 11 6 th -field<br />

watersheds in <strong>the</strong> eastern portion of <strong>the</strong> lower Alsea River watershed and covers about 46,800 acres.<br />

About 43 percent (20,100 acres) of <strong>the</strong> area is on National Forest System (NFS) land, of which 38 percent<br />

(7,700 acres) is comprised of stands less than 80 years old. About 42 percent of <strong>the</strong> area is privately<br />

owned, 15 percent is managed <strong>by</strong> <strong>the</strong> Bureau of Land Management, and less than 1 percent is managed <strong>by</strong><br />

<strong>the</strong> Oregon Department of Forestry. The Alsea River makes up <strong>the</strong> additional acres in <strong>the</strong> planning area.<br />

The planning area is located in Township 12 South, Range 9 West; Township 13 South, Ranges 9 and 10<br />

West; and Township14 South, Ranges 9 and 10 West; Willamette Meridian; Lincoln and Benton Counties,<br />

Oregon.<br />

The need for <strong>the</strong> Project is identified in chapter 1 of <strong>the</strong> Project EA:<br />

Enhance <strong>the</strong> health of aquatic ecosystems.<br />

The decision to be made is whe<strong>the</strong>r to implement actions designed to meet <strong>the</strong> Project needs <strong>by</strong> selecting<br />

<strong>the</strong> specific actions designed to improve watershed conditions and <strong>the</strong> health of <strong>the</strong> aquatic systems<br />

(portion of Alternative 2) or to postpone <strong>the</strong>se actions <strong>by</strong> selecting <strong>the</strong> no-action alternative (Alternative<br />

1).<br />

My Decision<br />

I have decided to proceed with <strong>the</strong> following specific actions, as described in <strong>the</strong> East Alsea Landscape<br />

Management Project Environmental Assessment for actions covered <strong>by</strong> <strong>the</strong> <strong>Aquatic</strong> <strong>Restoration</strong><br />

<strong>Biological</strong> <strong>Opinion</strong> that may affect coho habitat and designated critical habitat, such as replacement of<br />

culverts in coho habitat.


2<br />

Decision Notice<br />

East Alsea Landscape Management Project<br />

Riparian <strong>Actions</strong><br />

<strong>Actions</strong> to restore watershed conditions and <strong>the</strong> health of <strong>the</strong> aquatic systems (portion of<br />

Alternative 2)<br />

These actions are needed to restore aquatic conditions and will be implemented whe<strong>the</strong>r or not <strong>the</strong> actions<br />

connected with accelerating <strong>the</strong> development of old-growth forest habitat; improving <strong>the</strong> quality and<br />

diversity of forest habitat; maintaining key forest roads; and providing economic and recreation<br />

opportunities for people are implemented. Funding would not be reliant upon that decision.<br />

The following actions will be done to improve watershed function and will include mitigation and<br />

monitoring requirements (EA, appendices A and H) to ensure protection of natural resources.<br />

Young-stand (< 80 years old) treatments and associated actions:<br />

To speed <strong>the</strong> development of late-successional and old-growth forest habitat and to increase grass, forb,<br />

and shrub habitats in riparian areas, <strong>the</strong> following actions will be implemented (estimated key quantitative<br />

values are shown in Table 1):<br />

Provide habitat for over 100 wildlife species, such as <strong>the</strong> brush rabbit and western pond turtle, <strong>by</strong><br />

creating some meadows (predominately transitory) in young stands; expanding Paradise meadow;<br />

and maintaining existing meadows;<br />

Maintain stand health and growth of stands generally less than 25 years old <strong>by</strong> non-commercially<br />

thinning some of <strong>the</strong>se stands, using service contracts; and<br />

Control <strong>the</strong> spread of invasive plants <strong>by</strong> treating sites occupied <strong>by</strong> <strong>the</strong>se species.<br />

<strong>Actions</strong> that restore aquatic conditions:<br />

To restore <strong>the</strong> health of watersheds and <strong>the</strong> aquatic ecosystems <strong>the</strong>y contain, <strong>the</strong> following actions will be<br />

implemented (estimated key quantitative values are shown in Table 1):<br />

Replacing deteriorated culverts in non-coho streams;<br />

Reduce <strong>the</strong> potential for mass-soil movement and chronic sedimentation, and remove fish passage<br />

barriers <strong>by</strong> decommissioning some mid-slope and valley-bottom roads;<br />

Restore <strong>the</strong> historical distribution of fish <strong>by</strong> replacing some culverts that currently are barriers to<br />

fish passage with culverts designed to provide fish passage; and<br />

Improve <strong>the</strong> long-term stability of stream shade and speed <strong>the</strong> development of large wood that<br />

could fall into streams <strong>by</strong> releasing some small riparian conifer from competition, and <strong>by</strong> planting<br />

some riparian areas with conifer and hardwoods. This work would be in addition to <strong>the</strong><br />

commercial and non-commercial thinning in near<strong>by</strong> young stands, which is expected to accelerate<br />

<strong>the</strong> development of large trees adjacent to streams.<br />

O<strong>the</strong>r proposed associated actions:<br />

• Re-issue a special-use road permit to a private landowner. Under this permit, <strong>the</strong> landowner will<br />

use and maintain a non-key road (3430-111) to access <strong>the</strong> landowner’s isolated property, located<br />

in Township 14 South, Range 10 West, section 3.


3<br />

Decision Notice<br />

East Alsea Landscape Management Project<br />

Riparian <strong>Actions</strong><br />

• Issue a special-use permit to <strong>the</strong> Confederated Tribes of <strong>the</strong> Siletz Indians to manage (for cultural<br />

use) a population of hazel—about ¼-acre in size—near Paradise Meadow in <strong>the</strong> Bull Run<br />

subwatershed.<br />

• Implement riparian planting (conifer and hardwoods) in areas along <strong>the</strong> Alsea River and adjacent<br />

to <strong>the</strong> Blackberry Campground, River Edge Group Site, and Mike Bauer fishing site, depending<br />

upon availability of trees after o<strong>the</strong>r riparian planting is completed.<br />

Table 1. Key quantitative values of <strong>the</strong> project.<br />

Issue, objective, and outcome<br />

Quantitative<br />

Value<br />

Speed <strong>the</strong> development of old-growth forest habitat, and increase<br />

forest biological complexity in young stands<br />

Maintain existing meadows (acres) 74<br />

Expand Paradise meadow (acres) 19<br />

Non-commercial thinning (acres) 1,113<br />

Control <strong>the</strong> spread of invasive plants (acres)<br />

Restore aquatic conditions<br />

600<br />

Replace/remove stream culverts in system roads<br />

(number)<br />

36<br />

Decommission roads (miles) 6.1<br />

Remove culverts from roads proposed for<br />

decommissioning (number)/(cubic yards)<br />

25/6,000<br />

Replace/Remove culverts that are barriers to fish passage<br />

in system roads (number)<br />

12<br />

Release riparian conifer from competition in riparian<br />

areas (acres)<br />

30<br />

Plant riparian areas with conifer and hardwoods (acres)<br />

O<strong>the</strong>r associated actions<br />

10<br />

Re-issue a special-use road permit to a landowner for <strong>the</strong><br />

use and maintenance of road 3430-111 (miles)<br />

Issue a special-use permit to <strong>the</strong> Confederated Tribes of<br />

1.6<br />

Siletz Indians to manage an existing hazel population<br />

near Paradise Meadow (acres)<br />

Plant conifer and hardwoods along <strong>the</strong> Alsea River and<br />

0.25<br />

adjacent to <strong>the</strong> Blackberry Campground, River Edge<br />

Group Site, and Mike Bauer fishing site (acres)<br />

3<br />

<strong>Actions</strong> associated with adding large wood to portions of East Fork Scott Creek and Bull Run Creek were<br />

covered <strong>by</strong> a previous decision. <strong>Actions</strong> with no effect on coho and critical habitat associated with<br />

accelerating <strong>the</strong> development of old-growth forest habitat; improving <strong>the</strong> quality and diversity of forest


4<br />

Decision Notice<br />

East Alsea Landscape Management Project<br />

Riparian <strong>Actions</strong><br />

habitat; maintaining key forest roads; and providing economic and recreation opportunities for people<br />

were covered under ano<strong>the</strong>r decision.<br />

In making this decision, I have reviewed <strong>the</strong> Project EA and its appendices, terrestrial <strong>Biological</strong><br />

Evaluation and corresponding Letters of Concurrence from <strong>the</strong> US Fish and Wildlife Service, <strong>the</strong> aquatic<br />

<strong>Biological</strong> Evaluation and o<strong>the</strong>r project-file documents, and <strong>the</strong> comments received during <strong>the</strong> 30-day<br />

public comment period.<br />

Reasons for <strong>the</strong> Decision<br />

My decision to improve watershed conditions and <strong>the</strong> health of <strong>the</strong> aquatic ecosystems was based on <strong>the</strong><br />

needs identified in chapter 1 of <strong>the</strong> Project EA. The Project is designed to protect affected natural<br />

resources in <strong>the</strong> short term and maintain or enhance <strong>the</strong> quality and productivity of <strong>the</strong>se resources in <strong>the</strong><br />

long term (EA, chapter 3 and appendix A). The Project will also improve aquatic conditions such as<br />

repairing roads (EA, chapter 3).<br />

The Project best meets my expectations for holistic and integrated restoration. No unacceptable<br />

cumulative effects to any resource are expected. Many beneficial effects will accrue from implementing<br />

<strong>the</strong> Project, and <strong>the</strong> risk associated with any potential negative effects, discussed in chapter 3 of <strong>the</strong><br />

Project EA, is low.<br />

In my review of <strong>the</strong> Project EA, its appendices, and o<strong>the</strong>r project-file documents, I believe <strong>the</strong><br />

information provided to me is adequate for a reasoned choice of action. I am fully aware that <strong>the</strong> selected<br />

alternative will have some unavoidable adverse environmental effects such as disturbance to wildlife (EA,<br />

page 83), irreversible resource commitments such as continued use of existing roads (EA, page 83), and<br />

irretrievable commitment of resources such as loss of vehicular access through <strong>the</strong> forest as roads are<br />

closed or decommissioned (EA, page 83). I have determined, however, that <strong>the</strong>se effects and risks are<br />

outweighed <strong>by</strong> <strong>the</strong> likely benefits.<br />

In making this selection, I have also reviewed information in <strong>the</strong> administrative record, including but not<br />

limited to <strong>the</strong> Siuslaw Forest Plan (1990), as amended <strong>by</strong> <strong>the</strong> Northwest Forest Plan (1994); <strong>the</strong> Lower<br />

Alsea River Watershed Analysis (1999); <strong>the</strong> Late-Successional Reserve Assessment, Oregon Coast<br />

Province Sou<strong>the</strong>rn Portion (1997); consultation files and records involving <strong>the</strong> U.S. Fish and Wildlife<br />

Service, and <strong>the</strong> National Marine Fisheries Service; public and o<strong>the</strong>r agency comments; and applicable<br />

laws and regulations.<br />

The Siuslaw Land and Resource Management Plan (Siuslaw Forest Plan) was developed and approved<br />

March 7, 1990. I have found that this project is consistent with <strong>the</strong> Siuslaw Forest Plan (EA, chapters 1<br />

and 2).<br />

All practical means to avoid or minimize environmental harm have been adopted in <strong>the</strong> design of <strong>the</strong><br />

Selected Alternative. I have included all of <strong>the</strong> project design criteria and mitigation measures that I


Decision Notice<br />

East Alsea Landscape Management Project<br />

Riparian <strong>Actions</strong><br />

believe are necessary to avoid, minimize, or rectify impacts on resources affected <strong>by</strong> implementation of<br />

<strong>the</strong> Selected Alternative. My conclusion is based on a review of <strong>the</strong> record that shows a thorough review<br />

using <strong>the</strong> best available science. The resource analyses disclosed in Chapter 3 of <strong>the</strong> EA identify <strong>the</strong><br />

effects analysis methodologies, reference scientific sources which informed <strong>the</strong> analysis, and disclose<br />

limitations of <strong>the</strong> analysis.<br />

Alternatives Considered<br />

Before selecting <strong>the</strong>se actions that improve watershed conditions and <strong>the</strong> health of <strong>the</strong> aquatic ecosystems<br />

(portion of Alternative 2), I considered Alternative 1 (no action).<br />

Alternative 1, no action—Alternative 1 is fully described in chapter 2 of <strong>the</strong> Project EA, and <strong>the</strong> analysis<br />

of its effects is disclosed in chapter 3. The no-action alternative forms <strong>the</strong> basis for a comparison between<br />

meeting <strong>the</strong> project needs and not meeting <strong>the</strong> project needs. This alternative provides baseline<br />

information for understanding changes associated with Alternative 2 and expected environmental<br />

responses as a result of past management actions. The no-action alternative does not create obvious<br />

negative effects, but it also does not meet any of <strong>the</strong> Project needs. Without some restorative actions,<br />

some watershed conditions, such as water quality and fish habitat, would continue to degrade (EA,<br />

chapter 1). Therefore, I could find no reason to select this alternative.<br />

Help from <strong>the</strong> Public and O<strong>the</strong>r Agencies<br />

After considering <strong>the</strong> identified problems to be addressed with this project and developing a proposal to<br />

correct <strong>the</strong> problems, letters describing <strong>the</strong> actions considered in <strong>the</strong> proposed East Alsea Landscape<br />

Management Project were mailed on July 15, 2008, to individuals, agencies, and organizations identified<br />

as potentially interested in <strong>the</strong> proposed project and analysis. Public comment was also solicited through<br />

news releases in <strong>the</strong> Newport News-Times in Newport, Oregon; <strong>the</strong> Corvallis Gazette-Times in Corvallis,<br />

Oregon; and <strong>the</strong> Siuslaw News in Florence, Oregon. The Siuslaw National Forest’s quarterly “Project<br />

Update” publications were also used for public outreach. Comments on <strong>the</strong> proposed project were<br />

requested <strong>by</strong> August 15, 2008. Through <strong>the</strong>se scoping efforts, three parties responded; <strong>the</strong>ir comments and<br />

Forest Service responses are summarized in <strong>the</strong> EA, appendix E.<br />

Public comments contained a variety of suggestions. Comments not outside <strong>the</strong> scope of <strong>the</strong> project and<br />

not covered <strong>by</strong> previous environmental review or existing regulations were reviewed for substantive<br />

content related to <strong>the</strong> project. Based largely on public comment, some alternatives were considered, but<br />

eliminated from detailed study, while ano<strong>the</strong>r alternative was considered in detail. The alternatives are<br />

discussed in chapter 2. Comments relevant to clarifying how <strong>the</strong> project will be implemented or<br />

disclosing <strong>the</strong> effects of implementing <strong>the</strong> project are addressed in <strong>the</strong> Project EA, chapters 2, 3, or 4; <strong>the</strong><br />

project design criteria (EA, appendix A); contributions from o<strong>the</strong>rs (EA, appendix E); or <strong>the</strong> project file.<br />

The notice for <strong>the</strong> 30-day review and comment period for East Alsea Landscape Management Project<br />

Preliminary Analysis was published in <strong>the</strong> Eugene Register-Guard on June 12, 2009, informing <strong>the</strong> public<br />

that <strong>the</strong> preliminary analysis is available for a 30-day review and comment period. Copies of <strong>the</strong><br />

5


6<br />

Decision Notice<br />

East Alsea Landscape Management Project<br />

Riparian <strong>Actions</strong><br />

preliminary analysis, along with cover letters announcing that <strong>the</strong> preliminary analysis is available for a<br />

30-day public comment period, were mailed to those who commented on <strong>the</strong> proposed project during<br />

scoping, who expressed interest in <strong>the</strong> Project, or who owned property near sites where activities will be<br />

implemented <strong>by</strong> <strong>the</strong> Project. The legal notice and letters indicated <strong>the</strong> beginning and end of <strong>the</strong> comment<br />

period, described <strong>the</strong> comment process, and identified a Forest Service contact person. Copies of <strong>the</strong><br />

preliminary analysis were also made available at <strong>the</strong> Siuslaw National Forest Headquarters in Corvallis,<br />

and <strong>the</strong> District office in Waldport. The comment period ended at <strong>the</strong> close-of-business on July 13, 2009.<br />

Supportive comments from two parties were received prior to <strong>the</strong> end of <strong>the</strong> comment period, although a<br />

few concerns were expressed. These concerns and <strong>the</strong> Forest Service responses to <strong>the</strong>m are summarized<br />

in Appendix E, section 2, Table E-1 of <strong>the</strong> Project EA.<br />

The Project is consistent with Forest Service goals for wildlife because no animal population will be<br />

adversely effected. Additionally, <strong>the</strong> Project is consistent with <strong>the</strong> US Fish and Wildlife Service’s (FWS)<br />

Letter of Concurrence (FWS Reference Number 13420-2008-I-0125) because no suitable habitat for<br />

nor<strong>the</strong>rn spotted owl or marbled murrelet will be removed, and potential adverse effects to <strong>the</strong>se species<br />

from project-related disturbance will be within <strong>the</strong> limits consulted on for this type of project in <strong>the</strong><br />

Central Coast Ranger District of <strong>the</strong> Siuslaw National Forest. The FWS terms and conditions are included<br />

in <strong>the</strong> project design criteria.<br />

Project actions will not jeopardize <strong>the</strong> continued existence of <strong>the</strong>se species or result in adverse<br />

modification to <strong>the</strong>ir designated critical habitat.<br />

The Oregon Coast coho salmon is listed as a threatened species under <strong>the</strong> Endangered Species Act. The<br />

restoration actions affected <strong>by</strong> this decision fit into <strong>the</strong> National Marine Fisheries Service’s (NMFS)<br />

<strong>Aquatic</strong> <strong>Restoration</strong> <strong>Biological</strong> <strong>Opinion</strong> (ARBO).<br />

Finding of No Significant Impact (FONSI)<br />

Based on <strong>the</strong> site-specific environmental analysis documented in <strong>the</strong> East Alsea Landscape Management<br />

Project Environmental Assessment, I have determined that <strong>the</strong> activities described do not constitute a<br />

major Federal action and would not significantly affect <strong>the</strong> quality of <strong>the</strong> human environment; <strong>the</strong>refore,<br />

an Environmental Impact Statement is not needed. This determination was made in light of <strong>the</strong> following<br />

factors (40 CFR 1508.27):<br />

Context<br />

Project activities have been viewed and approved in a Regional context through <strong>the</strong> Siuslaw National<br />

Forest Land and Resource Management Plan (USDA 1990), as amended <strong>by</strong> <strong>the</strong> Final Supplemental<br />

Environmental Impact Statement on Management of Habitat for Late-Successional and Old-Growth<br />

Forest Related Species within <strong>the</strong> Range of <strong>the</strong> Nor<strong>the</strong>rn Spotted Owl (USDA, USDI 1994). This action<br />

only affects a small portion of <strong>the</strong> Forest, which in turn, is a very small portion of <strong>the</strong> Region.


7<br />

Decision Notice<br />

East Alsea Landscape Management Project<br />

Riparian <strong>Actions</strong><br />

The site-specific activities that are authorized and guided <strong>by</strong> this decision are limited in scope and<br />

duration. Some minor adverse effects are expected. However, given <strong>the</strong> short duration of <strong>the</strong>se projects,<br />

<strong>the</strong>se effects are expected to be short-term. No long-term adverse effects are expected.<br />

Intensity<br />

1. Impacts that may be both beneficial and adverse. A significant effect may exist even if <strong>the</strong> Federal<br />

agency believes that on balance <strong>the</strong> effect will be beneficial.<br />

Project actions will have both beneficial and adverse effects. Sediment from replacing culverts may be<br />

considered adverse effects. However, I have considered <strong>the</strong> benefits that <strong>the</strong> aquatic system will<br />

receive from implementing <strong>the</strong> Project actions and find that <strong>the</strong> overall beneficial effects to <strong>the</strong><br />

ecosystem outweigh any short-term adverse effects. Fur<strong>the</strong>r, I find that when considered alone, <strong>the</strong><br />

adverse effects of this project are not significant (EA, chapter 3).<br />

2. The degree to which <strong>the</strong> proposed action affects public health or safety.<br />

No significant adverse effects to public health or safety have been identified (EA, page 84).<br />

3. Unique characteristics of <strong>the</strong> geographic area, such as proximity to historic or cultural resources, park<br />

lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas.<br />

The characteristics of <strong>the</strong> geographic area do not make it uniquely sensitive to <strong>the</strong> effects of project<br />

actions. Past actions of similar intensity in similar areas have not indicated any significant adverse<br />

effects (EA, chapter 3).<br />

4. The degree to which <strong>the</strong> effects on <strong>the</strong> quality of <strong>the</strong> human environment are likely to be highly<br />

controversial.<br />

The effects from <strong>the</strong> Project on <strong>the</strong> quality of <strong>the</strong> human environment are not found to be highly<br />

controversial (EA, chapters 1 and 3).<br />

5. The degree to which <strong>the</strong> possible effects on <strong>the</strong> human environment are highly uncertain or involve<br />

unique or unknown risks.<br />

The Project’s environmental effects are not uncertain or unknown. Planned actions are similar to those<br />

already accomplished on similar lands on <strong>the</strong> Forest and several scientific studies have been conducted<br />

that support <strong>the</strong> Project’s treatment strategies for plantations (EA, chapters 1 and 3).<br />

6. The degree to which <strong>the</strong> action may establish a precedent for future actions with significant effects or<br />

represents a decision in principle about a future consideration.


8<br />

Decision Notice<br />

East Alsea Landscape Management Project<br />

Riparian <strong>Actions</strong><br />

<strong>Actions</strong> that will be implemented <strong>by</strong> <strong>the</strong> Project do not set a precedent for future actions because<br />

similar actions have been implemented in <strong>the</strong> past (EA, chapter 3, including page 85).<br />

7. Whe<strong>the</strong>r <strong>the</strong> action is related to o<strong>the</strong>r actions with individually insignificant but cumulatively<br />

significant impacts. Significance exists if it is reasonable to anticipate a cumulatively significant impact<br />

on <strong>the</strong> environment. Significance cannot be avoided <strong>by</strong> terming an action temporary or <strong>by</strong> breaking it<br />

down into small component parts.<br />

The East Alsea Landscape Management Project Environmental Assessment has disclosed direct,<br />

indirect, and cumulative effects to soil, water, aquatic and terrestrial species, and o<strong>the</strong>r components of<br />

<strong>the</strong> human environment. There are no significant direct, indirect, or cumulative effects anticipated<br />

from implementing project actions. Project actions will speed <strong>the</strong> development of late-successional<br />

habitat in late-successional and riparian reserves and improve watershed function. The analysis of<br />

cumulative effects considered past, present, and reasonably foreseeable future actions on National<br />

Forest lands as well as for o<strong>the</strong>r ownerships in <strong>the</strong> affected watershed (EA, chapter 3).<br />

8. The degree to which <strong>the</strong> action may adversely affect districts, sites, highways, structures, or objects<br />

listed in <strong>the</strong> National Register of Historic Places or may cause loss or destruction of significant, scientific,<br />

cultural, or historic resources.<br />

The pre-project survey and record search of <strong>the</strong> Project area indicates that actions associated with <strong>the</strong><br />

Project will have “no effect” (as defined in 36 CFR 800.5 [b]) on any listed or eligible heritage<br />

(cultural) resources. If a heritage site is discovered during project implementation, work will be<br />

stopped until <strong>the</strong> site is evaluated or <strong>the</strong> project has been altered to avoid <strong>the</strong> site (EA, pages 73 and<br />

84; EA, appendix A, page 5).<br />

9. The degree to which <strong>the</strong> action may adversely affect an endangered or threatened species or its habitat<br />

that has been determined to be critical under <strong>the</strong> Endangered Species Act of 1973.<br />

The wildlife biological evaluation and fisheries biological evaluation prepared for <strong>the</strong> Project indicates<br />

that <strong>the</strong> effects on Federally listed terrestrial and aquatic species are not found to be significant<br />

(Wildlife Report and <strong>Biological</strong> Evaluation, East Alsea Landscape Management Project (EA,<br />

Appendix F; 2009); Fisheries <strong>Biological</strong> Evaluation, East Alsea Landscape Management Project (EA,<br />

Appendix H; 2011); <strong>Biological</strong> Evaluation of Proposed, Endangered, Threatened and Sensitive<br />

Vascular Plant, Bryophyte, Lichen, and Fungi Species, and O<strong>the</strong>r Rare and Uncommon Species for<br />

East Alsea Landscape Management Project (2009); EA, chapter 3; and EA, appendix A, pages 3 and<br />

4).<br />

10. Whe<strong>the</strong>r <strong>the</strong> action threatens a violation of Federal, State, or local law or requirements imposed for<br />

<strong>the</strong> protection of <strong>the</strong> environment.


9<br />

Decision Notice<br />

East Alsea Landscape Management Project<br />

Riparian <strong>Actions</strong><br />

The Project is in compliance with relevant Federal, State and local laws, regulations and requirements<br />

designed for <strong>the</strong> protection of <strong>the</strong> environment. The Project will meet or exceed State water and air<br />

quality standards and is consistent with <strong>the</strong> Oregon Coastal Management Program as required <strong>by</strong> <strong>the</strong><br />

Coastal Zone Management Act (EA, page 84).<br />

O<strong>the</strong>r Disclosures<br />

All measures contained in <strong>the</strong> Project EA and appendix A will be incorporated to comply with <strong>the</strong> Record<br />

of Decision (October 2005) for <strong>the</strong> Pacific Northwest Region Invasive Plant Program, Preventing and<br />

Managing Invasive Plants Final Environmental Impact Statement. <strong>Actions</strong> will be designed to prevent <strong>the</strong><br />

spread of invasive plants, including noxious and undesirable weeds (EA, page 47). Cleaning of off-road<br />

equipment pursuant to Executive Order 13112, dated February 3, 1999, will be required. (EA, appendix<br />

A, page 4).<br />

The Project will have no significant adverse effects on wetlands, floodplains, farm land, range land, park<br />

land, wilderness, wild and scenic rivers, or inventoried roadless areas; minority groups, civil rights,<br />

women, or consumers; Indian social, economic, subsistence rights, and sacred sites; and heritage<br />

resources (EA, pages 73 and 84). <strong>Actions</strong> will be consistent with <strong>the</strong> scenic quality objectives for <strong>the</strong><br />

planning area (EA, page 74).<br />

Findings Required By O<strong>the</strong>r Laws<br />

Based on <strong>the</strong> analysis in <strong>the</strong> East Alsea Landscape Management Project Environmental Assessment, I find<br />

<strong>the</strong> selected alternative to be consistent with <strong>the</strong> Siuslaw National Forest Land and Resource Management<br />

Plan (USDA 1990), as amended <strong>by</strong> <strong>the</strong> Northwest Forest Plan (USDA, USDI 1994) and is designed to<br />

meet or exceed <strong>the</strong> objectives of <strong>the</strong> <strong>Aquatic</strong> Conservation Strategy as set forth in <strong>the</strong> Northwest Forest<br />

Plan (EA, page 82).<br />

The selected alternative is consistent with <strong>the</strong> National Forest Management Act implementing regulations,<br />

including <strong>the</strong> seven management requirements listed in 36 CFR 219.27, a through g:<br />

a. Resource protection—The Project EA includes criteria designed to protect resources and will apply<br />

practices as described in General Water Quality Best Management Practices (BMPs), Pacific Northwest<br />

Region, November 1988 (EA, appendix A);<br />

b. Vegetation manipulation of tree cover—Some vegetation will be removed to replace culverts. (EA,<br />

chapter 1; EA, chapter 3, <strong>Aquatic</strong> Habitat and Species);<br />

c. Silvicultural practices that apply to timber harvest and cultural treatments—Timber harvest and<br />

cultural treatments are not considered in this decision;<br />

d. Even-aged management in <strong>the</strong> forest—No even-aged management is proposed in this decision;


10<br />

Decision Notice<br />

East Alsea Landscape Management Project<br />

Riparian <strong>Actions</strong><br />

e. Riparian area protection—Special attention has been given to riparian areas <strong>by</strong> maintaining existing<br />

shade, decommissioning roads, and planting trees in riparian areas. These actions are expected to enhance<br />

water quality and improve fish habitat in <strong>the</strong> long term. (EA, chapter 1; EA, chapter 3, water quality-<br />

temperature; EA, appendix A);<br />

f. Conservation of soil and water resources—The Project is consistent with <strong>the</strong> <strong>Aquatic</strong> Conservation<br />

Strategy objectives and includes best management practices (BMPs) and o<strong>the</strong>r measures designed to<br />

protect, enhance, or minimize effects to soil and water resources. <strong>Actions</strong> are expected to enhance water<br />

quality in <strong>the</strong> long term. (EA, chapter 3, sediment production and water-quality-temperature; EA,<br />

appendix A; EA, appendix D); and<br />

g. Preserve and enhance <strong>the</strong> diversity of plant and animal communities—The project is expected to<br />

improve habitat conditions for several plant and animal species. Culverts designed to allow passage for<br />

aquatic organisms will improve habitat. (EA, chapter 1; EA, chapter 2, alternative 2; EA, chapter 3,<br />

aquatic habitat and species; EA, appendices A and H).<br />

Implementation Date<br />

Implementation of this project may not proceed until five working days after <strong>the</strong> close of <strong>the</strong> 45-day<br />

appeal filing period. Activities, including service contract preparation and solicitation of bids, may<br />

proceed immediately.<br />

Administrative Review and Appeal<br />

This decision is subject to appeal pursuant to Forest Service regulations at 36 CFR 215.7. Written notice<br />

of appeal must be postmarked or received <strong>by</strong> <strong>the</strong> Regional Forester, Appeal Deciding Officer, USDA<br />

Forest Service, 333 SW First Avenue Portland, OR 97204 within 45 days of <strong>the</strong> date of publication of <strong>the</strong><br />

notice for this decision in <strong>the</strong> Eugene Register-Guard (Eugene, Oregon). Individuals or organizations who<br />

have expressed interest in <strong>the</strong> East Alsea Landscape Management Project may file an appeal. The appeal<br />

must meet <strong>the</strong> content requirements of 36 CFR 215.14 "Appeal Content”:<br />

• The appeal must state that <strong>the</strong> document is an appeal pursuant to 36 CFR 215;<br />

• The name, address, and telephone number (if applicable) of <strong>the</strong> appellant must be included, and<br />

must identify <strong>the</strong> decision <strong>by</strong> title, subject, date of decision, and name and title of <strong>the</strong> Responsible<br />

Official;<br />

• The appeal narrative must be sufficient to identify <strong>the</strong> specific change(s) to <strong>the</strong> decision sought <strong>by</strong><br />

<strong>the</strong> appellant or portions of <strong>the</strong> decision to which <strong>the</strong> appellant objects, and must state how <strong>the</strong><br />

Responsible Official’s decision fails to consider comments previously provided; and<br />

• If applicable, <strong>the</strong> appeal should state how <strong>the</strong> appellant believes this decision violates law,<br />

regulation, or policy.<br />

Appeals (including attachments) may be filed <strong>by</strong> regular mail, fax, e-mail, hand delivery, express<br />

delivery, or messenger service. The publication date of <strong>the</strong> notice for this decision in <strong>the</strong> newspaper of


11<br />

Decision Notice<br />

East Alsea Landscape Management Project<br />

Riparian <strong>Actions</strong><br />

record is <strong>the</strong> sole means of calculating <strong>the</strong> appeal-filing deadline, and those wishing to appeal should not<br />

rely on dates or timelines from any o<strong>the</strong>r source.<br />

E-mail appeals must be submitted to: appeals-pacificnorthwest-regional-office@fs.fed.us, and must be in<br />

one of <strong>the</strong> following three formats: Microsoft Word, rich text format (rtf) or Adobe Portable Document<br />

Format (pdf). Electronic appeals must be submitted only to <strong>the</strong> e-mail address shown above as part of <strong>the</strong><br />

actual email message, or as an attachment in Microsoft Word, rich text format or Adobe portable<br />

document format only. E-mails in o<strong>the</strong>r formats or containing viruses will be rejected. Note in <strong>the</strong> subject<br />

line <strong>the</strong> name of <strong>the</strong> project and that it is an appeal.<br />

FAX appeals must be submitted to: 503-808- 2339. Appeals may be hand-delivered to <strong>the</strong> Resource<br />

Planning and Monitoring Office, 333 SW First Ave., Portland, Oregon 97204 between 8:00 AM and 4:30<br />

PM Monday-Friday.<br />

It is <strong>the</strong> responsibility of all individuals and organizations to ensure <strong>the</strong>ir appeals are received in a timely<br />

manner. For electronically mailed appeals, <strong>the</strong> sender should normally receive an automated electronic<br />

acknowledgement from <strong>the</strong> agency as confirmation of receipt. If <strong>the</strong> sender does not receive an automated<br />

acknowledgement of <strong>the</strong> receipt of <strong>the</strong> appeal, it is <strong>the</strong> sender’s responsibility to ensure timely receipt <strong>by</strong><br />

o<strong>the</strong>r means.<br />

Contact Person<br />

For fur<strong>the</strong>r information regarding this project, contact Jack Sleeper, Fisheries Biologist, at (541) 563-<br />

8424, Central Coast Ranger District-ODNRA, Waldport Office, 1130 Forestry Lane, Waldport, OR<br />

97394.<br />

Responsible Official:<br />

Viva Worthington<br />

Viva Worthington Date<br />

Acting District Ranger<br />

Central Coast Ranger District-ODNRA<br />

1130 Forestry Lane<br />

Waldport, OR 97394<br />

May 23, 2011

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