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) 2 • • • 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) 3 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) 4 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) 5 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 6 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) 7 12 CX 11 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 10 09 08 07 14 15 16 17 18 dS Jackson County Klamath County 5E -3 .0 Klamath County 24 23 Klamath Falls 28 Project Location 27 26 25 34 35 36 03 02 01 10 11 12 e Ti D e ixi OREGON 22 Weyc o 10 6 29 30 gs prin 20 19 13 MXD: P:\lak\kfra\ID_TEAM_NEPA\Oregon_Gulch_Fire\Products\Oregon_Gulch_CX_Map_141121.mxd Prepared By: mlimb Current Date: 11/21/2014 12:36:40 PM T40S-R05E 40- 40-5E- 2 .1 Mu No warranty is made by the Bureau of L and M anagement as to the accuracy, re liability, or c omple teness of these data for individual or aggregate use with other data. Origina l data we re com piled from various sourc es and may be updated without notification. 31 32 06 05 33 04 T41S-R05E 14 13 16 OREGON CALIFORNIA 17 22 Potential Straw Mulch 23 Areas Final Oregon Gulch Fire Perimeter 16 15 21 22 24 Bureau of Land Management State Lands Private Lands 1:50,000 U.S. Forest Service ¨ 20 12 13 Rd 15 17 13 14 3137 To psy Grad e 18 09 08 07 14 23 13
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