Categorical Exclusion

U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
Categorical Exclusion Documentation
Proposed Action Title: Oregon Gulch Emergency Stabilization Treatments
BLM Office: Lakeview District, Klamath Falls Resource Area (KFRA)
NEPA Log #: DOI-BLM-OR-L040-2015-03-CX
Project Location: Oregon Gulch Burned Area within the KFRA
A. Backgound
The Oregon Gulch Fire was ignited by lightning on July 31, 2014 and was contained on August
14. The total land area damaged by the Oregon Gulch Fire was estimated to be 35,101 acres,
including 16,903 within Klamath County. Of those acres, 4,870 are managed by the KFRA
BLM, 82 acres are State-owned lands, and 11,951 acres are private land. On BLM land,
vegetation was a mix of oak woodland and mixed conifer. The majority of acres are Matrix
lands, with 419 acres of riparian reserves (RR), 220 acres of late successional reserves (LSRs),
and 807 acres of Klamath River Canyon Area of Critical Concern (ACEC). Most of the area
suffered from high to moderate soil burn severity which denuded vast areas of trees and
vegetation. This significantly impacted wildlife habitat, created soil water stabilization issues,
exposed cultural sites, created health and safety issues (snag formation and complete road sign
obliteration), and left a landscape that will favor the colonization and spread of noxious weed
populations.
B. Description of Proposed Action
Emergency stabilization and rehabilitation treatments are needed to achieve resource
management objectives described in the KFRA Resource Management Plan (RMP) in a timely
manner to reduce the potential for adverse impacts to soil, streams and water quality, forest sites,
and plant communities. Some streams and their associated riparian areas had high burn severity
leaving little or no remaining vegetation for soil stability. In high severity areas, there is the
potential for increases in peak flows, reduced soil productivity, and changes in water quality due
to suspended sediment. The primary objectives of the project are to reduce the potential for
erosion and sediment transport, and re-establish desired vegetation so that land use allocation
objectives can be met in the future. The following actions are proposed (general areas of
treatment are shown on the attached map):
Straw Mulch and Seeding
There were 420 acres of riparian reserves identified within the Oregon Gulch fire perimeter that
burned at moderate to high severity. These areas are susceptible to erosion due to lack of
vegetative cover, and will likely alter the sediment regimes of the streams. To minimize soil
erosion, application of straw mulch and seed is proposed on up to 160 acres to slow overland
flow and trap sediment. This would be accomplished by aerial methods (helimulching) or
manually, using all-terrain vehicles (ATVs). Seed would be comprised of native species
appropriate to the site and applied manually. Dry straw mulch would be applied at a rate of
approximately 1 - 2 tons per acre (following Burned Area Emergency Rehabilitation (BAER)
guidelines). Treatment areas would be identified with flagging and/or GPS coordinates.
Instream Wood Directional Falling
The Oregon Gulch Fire contains approximately 13 miles of perennial, intermittent and
ephemeral drainages/stream channels (approximately 1.5 miles perennial, 8.5 miles
intermittent and 3 miles ephemeral). Large conifers killed by the fire and close in proximity to
the stream would be manually felled into the channel at the appropriate angle to promote proper
geomorphic processes. Trees to be felled will be designated by BLM specialists within
snag and coarse woody debris requirements. Trees chosen will be the largest available and will
be placed specifically for stability and maximum contact with the stream bed. Based on the
number of dead trees along each treatment reach, the number and size class of trees designated to
be felled will vary. The approximate number of trees per stream mile would range from 1 to 5
(1 = ephemeral, low gradient; 5 = perennial, high gradient).
Other treatments to control erosion and sediment transport may include the following:
• Seeding and straw would be applied in other areas prone to erosion or weed invasion
such as stream draws and road cut-and-fill slopes
Fell hazard trees
• Trees along roads that present a safety hazard would be felled
o Where needed, felled trees could be left on the contour to provide down wood for
stabilization and wildlife.
• Existing down wood in intermittent streams would be bucked to place more of the log in
contact with the ground surface
Reforestation
• Areas of high to moderate severity burn would be reforested using native seedlings
grown from seed sources in the seedling breeding zone of the fire area.
• Formal stocking surveys of planted sites would be completed in the fall after the season
planted. These surveys would determine planting success and if needed, include
recommendations for further treatment.
Project Design Features
Project design features (PDFs) are specific measures included in the site-specific design of the
action alternatives to minimize adverse impacts on the human environment. Additional PDFs are
contained under Best Management Practices (BMP), Appendix D, in the RMP. Additional PDFs
may be incorporated into project design based on site-specific assessment.
Soils/Hydrology
•
•
Power equipment would be refueled at least 50 feet from streams, ponds, or other wet areas
Treatments would be timed to reduce sedimentation into nearby streams from use of
unsurfaced roads (natural and pit-run surface) that are on highly erosive soils, which are
deeply rutted, or would otherwise result in unacceptable levels of sedimentation if used.
o Scheduling would be determined by the Field Manger in consultation with
relevant resource specialists.
o Treatment of units would be postponed if unacceptable sedimentation is found to
be occurring
Oregon Gulch Emergency Stabilization Treatments Categorical Exclusion (DOI-BLM-OR-L040-2015-03-CX)
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•
•
•
No heavy mechanized equipment (larger than ATVs) would be driven off existing drivable
roads or firelines
o Firelines would be driven on only for stabilization and restoration activities and
would be rehabilitated and closed after completion of these activities
Use existing landings for straw stockpile areas when practicable.
Avoid placement of straw stockpiles in areas with potential to collect and divert surface
runoff, such as the bottom of draws and ephemeral drainages.
Noxious Weeds
•
•
Straw mulch will be certified weed-free.
Cleaning is required for all equipment and vehicles prior to moving on-site to prevent spread
of noxious weeds. Also, if the job site includes a noxious weed infestation, cleaning of all
equipment and vehicles is required prior to leaving the job site. Prior to moving on or off the
job site, removal of all dirt, grease, and plant parts that may carry noxious weed seeds or
vegetative parts could be accomplished by using a pressure hose to clean the equipment.
Cultural Resources
•
•
•
•
ATVs will avoid disturbing surface historical resources.
Follow procedures for cultural protection and management outlined in the KFRA ROD/RMP
(page 43), and protect identified sites by buffering.
The project area contains known historic and prehistoric resources. These resources would be
resilient to most of the proposed treatments. In accordance with guidelines and directives in
the Klamath Falls Resource Area RMP, BLM regulations, and the National Historic
Preservation Act, all portions of proposed project areas which involve surface disturbance
have been surveyed or would be surveyed prior to disturbance (includes straw staging areas
and motorized access routes if not on roads). The proposed project would result in No
Adverse Effect.
The project leader/operator/permittee/etc. is responsible for informing all persons associated
with this project that they will be subject to prosecution for knowingly disturbing Native
American Indian shrines, historic and prehistoric archaeology sites, or for collecting artifacts
of any kind, including historic items and/or arrowheads from Federal lands pursuant to the
1906 American Antiquities Act (P.L. 59-209; 34 Stat. 225; 16 U.S.C. 432, 433), the
Archaeological Resources Protection Act of 1979 (P.L. 96-95; 93 Stat. 721; 16 U.S.C. 47Oee
as amended), and/or other federal laws and regulations.
C. Land Use Plan Conformance
Land Use Plan Name: Klamath Falls Resource Area Record of Decision and Resource
Management Plan and Rangeland Program Summary
Date Approved/Amended: June 1995
The proposed action is in conformance with the applicable LUP because it is specifically
provided for in the following LUP decision(s):
Page 16: “Immediately establish an emergency team to develop a rehabilitation plan needed to
attain Aquatic Conservation Strategy objectives whenever Riparian Reserves are significantly
damaged by a wildfire.”
Oregon Gulch Emergency Stabilization Treatments Categorical Exclusion (DOI-BLM-OR-L040-2015-03-CX)
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Page 30: “Rehabilitate burned areas with critical or severe erosion hazards or other
environmental concerns.”
Page 32: “Design and implement fish and wildlife habitat restoration and enhancement activities
in a manner that contributes to attainment of Aquatic Conservation Strategy and riparian reserve
objectives.”
Appendix D, Page D-13: “Assure prompt rehabilitation on fragile soils through seeding or
planting of native species or species that will quickly establish desired ground cover conditions.”
Appendix D, page D-29 of the RMP lists these Best Management Practices for Wildfire Control:
• “Utilize information from burned area surveys to determine if watershed emergency fire
rehabilitation is needed.”
• “Develop a fire rehabilitation plan through an interdisciplinary process.”
• “Select treatments on the basis of on –site values downstream values, probability of
successful implementation, social and environmental considerations … and cost as
compared to benefits.”
The planting of trees on matrix ground is consistent with the KFRA RMP (pg. 22 and E-5);
planting of trees within late successional habitat and riparian reserves is consistent with KFRA
RMP (pg. 13 and pg. 23).
D. Categorical Exclusion Review
The Proposed Action is categorically excluded from further documentation under the National
Environmental Policy Act (NEPA) in accordance with BLM categorical exclusion 516 DM 11.9
I. Emergency Stabilization:
(1) Planned actions in response to wildfires, floods, weather events, earthquakes, or landslips
that threaten public health or safety, property, and/or natural and cultural resources, and that
are necessary to repair or improve lands unlikely to recover to a management approved
condition as a result of the event. Such activities shall be limited to: repair and installation of
essential erosion control structures; replacement or repair of existing culverts, roads, trails,
fences, and minor facilities; construction of protection fences; planting, seeding, and mulching;
and removal of hazard trees, rocks, soil, and other mobile debris from, on, or along roads, trails,
campgrounds, and watercourses. These activities:
(a) Shall be completed within one year following the event;
(b) Shall not include the use of herbicides or pesticides;
(c) Shall not include the construction of new roads or other new permanent infrastructure;
(d) Shall not exceed 4,200 acres; and
(e)* May include temporary roads which are defined as roads authorized by contract, permit,
lease, other written authorization, or emergency operation not intended to be part of the BLM
transportation system and not necessary for long-term resource management. Temporary roads
shall be designed to standards appropriate for the intended uses, considering safety, cost of
transportation, and impacts on land and resources; and
(f) Shall require the treatment of temporary roads constructed or used so as to permit the
reestablishment by artificial or natural means, or vegetative cover on the roadway and areas
Oregon Gulch Emergency Stabilization Treatments Categorical Exclusion (DOI-BLM-OR-L040-2015-03-CX)
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where the vegetative cover was disturbed by the construction or use of the road, as necessary to
minimize erosion from the disturbed area. Such treatment shall be designed to reestablish
vegetative cover as soon as practicable, but at least within 10 years after the termination of the
contract.
* While the CX authority allows for construction of temporary roads, this CX does not
authorize temporary road construction.
Department of the Interior Regulations 43 CFR § 46.205 (c) require that any action that
is normally categorically excluded must be evaluated to determine whether it meets any
of the extraordinary circumstances found at 43 CFR § 46.215. This categorical exclusion
is appropriate in this situation because there are no extraordinary circumstances potentially
having effects that may significantly affect the environment as documented in the following
table. The proposed action has been reviewed, and none of the extraordinary circumstances
described in 516 DM 2 apply.
CX Extraordinary Circumstances Documentation
Will the proposed categorical exclusion action:
YES
NO
X
2.1 Have significant impacts on public health or safety.
Rationale:
This project will have beneficial impacts on public health and safety by restoring damaged lands and resources in
the Oregon Gulch burned area and returning hazardous areas to safe conditions for public use. Effects will be
beneficial, but will not rise to the level of significance because project activities would help to restore areas to
previous conditions and were anticipated and analyzed in the EIS/RMP to which this project tiers.
2.2 Have significant impacts on such natural resources and unique geographic characteristics as historic or
cultural resources; park, recreation or refuge lands; wilderness areas; wild or scenic rivers; national natural
X
landmarks; sole or principal drinking water aquifers; prime farmlands; wetlands (Executive Order 11990);
floodplains (Executive Order 11988); national monuments; migratory birds; and other ecologically
significant or critical areas.
Rationale:
The proposed treatments would be located outside the unique geographic areas listed above.
The proposed action would have no adverse effect on cultural resources.
The fire altered the habitat for migratory birds by increasing habitat for early successional species, snag-dependent
species, and open canopy species. The proposed treatments would not decrease overall landscape population
levels for these species, and therefore would not have significant impacts on migratory birds.
2.3 Have highly controversial environmental effects or involve unresolved conflicts concerning alternative
X
uses of available resources [NEPA Section 102(2)(E)].
Rationale:
No such controversial effects or unresolved conflicts have been identified by the KFRA BLM interdisciplinary team.
2.4 Have highly uncertain and potentially significant environmental effects or involve unique or unknown
X
environmental risks.
Rationale:
The project area was previously analyzed for timber harvest under the Wildgal-Dixie Forest Health Treatments EA
and the Hayden Fox EA prior to the Oregon Gulch Fire. The KFRA BLM interdisciplinary team of resource
specialists determined that the proposed emergency stabilization treatments pose no threat of significant
environmental effects or unique or unknown environmental risks.
Oregon Gulch Emergency Stabilization Treatments Categorical Exclusion (DOI-BLM-OR-L040-2015-03-CX)
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2.5 Establish a precedent for future action or represent a decision in principle about future actions with
X
potentially significant environmental effects.
Rationale:
This action does not establish a precedent for future action or represent a decision in principle about future actions
with potentially significant environmental effects. Each project contains its own set of conditions that must be
evaluated on its own merit, as the BLM has done with this project. Land use allocations and environmental
conditions, such as remaining vegetation, slopes, soils, and streams, are unique to each project and must be
considered with each treatment proposed.
2.6 Have a direct relationship to other actions with individually insignificant but cumulatively significant
X
environmental effects.
Rationale:
The emergency stabilization treatments will not contribute to cumulatively significant effects because they are
designed to achieve resource management objectives in a timely manner to reduce the potential for adverse impacts
to soil, streams and water quality, forest sites, and plant communities.
2.7 Have significant impacts on properties listed, or eligible for listing, on the National Register of Historic
X
Places as determined by either the bureau or office.
Rationale:
The proposed action would have no adverse effect on cultural resources.
2.8 Have significant impacts on species listed, or proposed to be listed, on the List of Endangered or
X
Threatened Species, or have significant impacts on designated Critical Habitat for these species.
Rationale:
No listed or proposed species or designated critical habitat under the endangered species act (as
amended 1973) occurs within the proposed emergency stabilization treatment areas. Therefore,
the proposed treatments would not have significant impacts on proposed or listed species or
significant impacts on designated critical habitat for these species.
2.9 Violate a Federal law, or a State, local, or tribal law or requirement imposed for the protection of the
X
environment.
Rationale:
Emergency stabilization and rehabilitation treatments will not violate any Federal, State, local or Tribal laws. The
BLM interdisciplinary team reviewed the project for compliance with applicable laws such as the Federal Land Policy
and Management Act, Endangered Species Act, Clean Water Act, National Environmental Policy Act, Clean Air Act,
National Historic Preservation Act and Archaeological Resources Protection Act, among others. The resource
specialists found that the project conforms to the direction given for the management of public lands in the Klamath
Falls RMP, which complies with all applicable Federal and State laws.
2.10 Have a disproportionately high and adverse effect on low income or minority populations (Executive
X
Order 12898).
Rationale:
The emergency stabilization treatments would not have a disproportionately high or adverse effect to low income or
minority populations.
2.11 Limit access to and ceremonial use of Indian sacred sites on Federal lands by Indian religious
practitioners or significantly adversely affect the physical integrity of such sacred sites (Executive Order
X
13007).
Rationale:
Emergency stabilization and restoration treatments would not limit access to such sites. No Indian sacred sites are
known to be within the area of optional effect (APE).
2.12 Contribute to the introduction, continued existence, or spread of noxious weeds or non-native invasive
species known to occur in the area or actions that may promote the introduction, growth, or expansion of
the range of such species (Federal Noxious Weed Control Act and Executive Order 13112).
Oregon Gulch Emergency Stabilization Treatments Categorical Exclusion (DOI-BLM-OR-L040-2015-03-CX)
X
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Rationale:
Emergency stabilization and restoration, along with implementation of PDFs for this project, will not contribute to the
introduction, continued existence, or spread of noxious weeds or non-native invasive species. The proposed action
does not result in measurable changes to the current baseline of the risk, or actual introduction, continued
existence, or spread of noxious weeds or nonnative invasive species in or from the project area.
Existing and likely continuing activities including, but not limited to, motor vehicle traffic, recreation use, rural and
urban development, road construction, timber harvest, and natural processes, can contribute to the introduction,
existence, and spread of noxious weeds and invasive species. Vehicles accessing the project area would stay
on existing roads (no additional roads are proposed), reducing the potential of picking up and dispersing noxious
weeds or seed. The proposed action does not introduce any vector for spread or introduction beyond such
vectors already found.
E. Contact Person
For additional information concerning this CX review, contact Rob Roninger, Fisheries and
Aquatics Biologist, Klamath Falls Resource Area, 2795 Anderson Avenue, Building 25,
Klamath Falls, Oregon 97603-7891 or telephone: 541-885-4173 or email [email protected]
Determination for
Oregon Gulch Emergency Stabilization Treatments
DOI-BLM-OR-L040-2015-03-CX
I have determined that it is appropriate to proceed with the Proposed Action as described in the attached
Categorical Exclusion (CX) and shown on the attached map(s).
Rationale
The Proposed Action has been reviewed by the Klamath Falls Resource Area staff and appropriate project
design features, as specified, will be incorporated into the proposal. The proposed action would not create
adverse environmental effects, meet any of the above extraordinary circumstances, or fail to comply with
Executive Order 13212 (Actions to Expedite Energy-Related Projects) – to avoid direct or indirect
adverse impact on energy development, production, supply, and/or distribution.
Based on the attached NEPA (National Environmental Policy Act) Categorical Exclusion Review, I have
determined the proposed action involves no significant impact to the human environment and no further
environmental analysis is required.
Signature
Authorizing Official:
/s/ Donald J. Holmstrom
(Signature)
Name: Donald J. Holmstrom
Title: Field Manager, Klamath Falls Resource Area
Date: 11/21/2014
Oregon Gulch Emergency Stabilization Treatments Categorical Exclusion (DOI-BLM-OR-L040-2015-03-CX)
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12 CX
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Oregon Gulch Emergency
Stabilization
Klamath Falls Field Office
Lakeview District - Bureau of Land Management
2795 Anderson Ave. #25
Klamath Falls, Oregon 97603-7891
(541)883-6916
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Klamath County
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Klamath Falls
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Project
Location
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Prepared By: mlimb
Current Date: 11/21/2014 12:36:40 PM
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be updated without notification.
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CALIFORNIA
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Potential Straw Mulch
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Final Oregon Gulch Fire Perimeter
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Bureau of Land Management
State Lands
Private Lands
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U.S. Forest Service
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