UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT Klamath Falls Resource Area DECISION RECORD FOR SOUTHWEST GERBER HABITAT RESTORATION EA #DOI-BLM-OR-L040-2010-001-EA INTRODUCTION The Southwest Gerber Habitat Restoration Environmental Assessment analyzed the effects of a variety of proposed treatments in the Southwest (SW) Gerber Project Area. Proposed actions include removal of encroaching western juniper within sagebrush steppe and juniper woodland habitat, including hand cutting of juniper along Miller and Antelope Creeks; firewood and biomass utilization; pile burning of material that is not utilized; planting bitterbrush and other native shrubs in units where piles are burned; seeding of disturbed areas with native species; construction of a livestock exclosure along a section of Antelope Creek; and installation of four gates within the Klamath deer winter range closure area. The Klamath Falls Resource Area (KFRA) interdisciplinary team analyzed the actions proposed in the SW Gerber EA based on: (a) current resource conditions in the project area, (b) the results of monitoring previous activities within and surrounding the project area, (c) meeting the Purpose and Need as identified in the SW Gerber EA, (d) implementation of the management action and direction stipulated in the 1995 Klamath Falls Resource Area Resource Management Plan (RMP) and Topsy/Pokegama Landscape Analysis, and (e) comments from the public. DECISION It is my decision to implement a combination of the Proposed Action, Alternative 1, and Alternative 2 in order to best meet the objectives for SW Gerber Habitat Restoration. Not all acres in each unit will be treated; specific areas of treatment within each unit will be determined based on extent of weed infestation and condition of surrounding habitat. The combination of alternative treatments selected for each unit is summarized below in Table 1. As part of this action, Mitigation Measures described below will be applied, as well as the applicable best management practices (BMPs) in Appendix D of the RMP, and the project design features (PDFs) in Appendix A of the SW Gerber EA. This decision will result in the implementation of the actions outlined below, described in the EA on pages 4-5, and shown on the attached Decision Record Map. Juniper Treatments • • Hand treatment will be implemented on approximately 3,000 acres. Chainsaws will be used to cut encroaching western juniper within sagebrush steppe and juniper woodland habitat. The cut juniper will be lopped and left on site. Mechanical shear equipment will be used to cut encroaching western juniper on approximately 970 acres within sagebrush steppe and juniper woodland habitat. Approximately 570 acres of the mechanically sheared juniper will be utilized in portions of five units. Cut juniper trees will be yarded with full suspension methods and sold as saw logs, firewood, chips, or other products, depending upon public and market demand. Residual material that is not utilized will be piled and burned. 1 of 5 • • • Approximately 400 acres of the sheared juniper will be piled and burned at the site after the boles have dried sufficiently. “Old” juniper, typically those trees older than 150 years in age, will be retained. Treatment units will be maintained as necessary in the future to remove young juniper trees encroaching into previously treated areas. This will take place within 15 years of the treatment for each unit, and will include junipers that were small (below or within the sagebrush vegetation) and were missed during the initial treatment. These small trees will be cut using hand-operated devices (i.e. chainsaws, hand shears, etc.) and left on-site. Firewood will be made available for the public in juniper treatment areas within a 300 foot distance of a permanent open road where ecologically appropriate. Firewood units will be designed to avoid weed infestations, riparian areas, and special status plant areas. Table 1. Selected Alternative(s) for Juniper Treatment by Unit Unit Total Unit Acres Selected Alternative(s) for Juniper Treatment (acres) (Rounded Up) 1.1 1.2 Alternative 1 Mechanical shear, yard with full suspension and utilize juniper 15 acres 60 acres 2.1 2.2 2.3 2.4 2.5 Total 50 acres 600 acres 600 acres 400 acres 300 acres 1950 acres 3.1 1,600 acres 4.1 720 acres 5.1 320 acres 8.1 260 acres Riparian Units 6.1 20 acres 7.1 40 acres 9.1 10 acres 10.1 20 acres 11.1 20 acres 45 acres 12.1 155 acres Total Proposed Action Hand cut, lop, and leave juniper Proposed Action ( 240 acres) Mechanical shear, pile, and burn juniper; plant bitterbrush Alternative 1 (160 acres) Mechanical shear, yard with full suspension and utilize juniper Proposed Action (110 acres) Mechanical shear, pile, and burn juniper; plant bitterbrush Alternative 1 (100 acres) Mechanical shear, yard with full suspension and utilize juniper Alternative 1 (120 Acres) Mechanical shear, yard with full suspension and utilize juniper Alternative 1 (120 acres) Mechanical shear, yard with full suspension and utilize juniper Proposed Action (45 acres) Mechanical shear, pile, and burn juniper; plant bitterbrush Alternative 2 (1,200 acres) Hand cut, lop, and leave juniper Alternative 2 (500 acres) Hand cut, lop, and leave juniper Proposed Action Hand cut juniper, lop, scatter portions and pile and burn portions Planting/Seeding • • Approximately 60,000 one-year-old antelope bitterbrush and curl leaf mountain mahogany seedlings will be planted in units where piles have been burned. The seedlings will be protected with vexar tubing. Areas of ground disturbance (i.e skid trails, landing areas, etc.) resulting from mechanical cutting or removal of juniper will be reseeded with native grass and shrub species where necessary. 2 of 5 Riparian Treatments • • Juniper will be cut by hand and limbed to a six-inch top on approximately 155 acres along Miller Creek, Antelope Creek, and an unnamed tributary to Antelope Creek. The limbs and tops will be lopped and left on site, or hand piled away from the channel and burned. The boles of the trees will be left in place. In some cases, certain junipers will be identified by BLM specialists to be felled whole directly into the stream channel in order to improve aquatic species habitat. After hand-cutting of juniper and slash treatment as described above, a fenced riparian livestock exclosure will be constructed to reduce grazing along the intermittent section of Antelope Creek above Duncan Springs. This exclosure will exclude approximately seven acres of riparian habitat from annual grazing within the Willow Valley Allotment. After reviewing public comments on the EA, this exclosure was reduced from its original size of 15 acres. Other actions • • In Units 8-1 and 13-1, two temporary spur roads, each approximately one-quarter (0.25) mile in length, will be constructed. The EA analyzed construction of five segments totaling 2.8 miles of temporary spur roads, but due to the reduced utilization treatment areas, there is a need to construct only the two segments totaling one-half (0.5) mile. These spur roads would be obliterated upon project completion, which includes blocking the roads, seeding with native species, and rendering them impassable. Four gates will be installed in the Klamath Deer Winter Range Closure area (see map for location). The gates will be placed at currently non-gated road junctions that are being accessed illegally by motorized vehicles during the closure period. Mitigation I have decided to implement Mitigation Measure B, described on pages 25-26 of the EA, with a modification as follows: Hand cutting treatments will be restricted from July 1 through October 15 to avoid the seed dispersal period for medusahead. This measure was proposed for mechanical treatments as well, but after discussion with the interdisciplinary team, I have decided that it would not be feasible to restrict the equipment during this time period, due to the likelihood of wet soil conditions outside the weed restriction timeframe. Additionally, the PDF for seeding and/or planting all disturbed areas after mechanical cutting operations and/or utilization operations will adequately mitigate the potential of increased weed infestations. I did not select Mitigation Measure A because the need to avoid areas of weed infestation will be met by implementing the combination of alternatives in certain units, and in treating only selected areas of specific units. CONSULTATION AND COORDINATION Endangered Species Act (ESA) Consultation Endangered Species Act Section 7 Consultation was completed with the U.S. Fish and Wildlife Service (FWS) for the SW Gerber Project. BLM met with FWS regarding aquatic threatened or endangered species on December 11, 2011. Since the BLM determined that this project meets the criteria for actions covered in the Aquatic Restoration Biological Opinion (ARBO), a determination of “May Affect, Not Likely to Adversely Affect” was made for the shortnose sucker (Chasmistes brevirostris). No other 3 of 5 listed species or designated critical habitat occurs within the project area or would be affected from the proposed project. Therefore, a “No Effect” determination was made for all other listed species and designated critical habitat. Cultural Resources Consultation Tribal consultation has occurred and is on-going with The Klamath Tribes. No objections have arisen. PUBLIC INVOLVEMENT Public scoping input and comments were considered in development and refinement of the proposed action and alternatives, and in this Decision. Initial Scoping The KFRA requested public input on the SW Gerber Habitat Restoration EA in a letter mailed to approximately 100 persons and groups on KFRA’s NEPA mailing list on February 25, 2010. One response letter was received from Oregon Wild. A summary of scoping comments and BLM responses was mailed to Oregon Wild on May 13, 2013. Please note that the Proposed Action that was described in the 2010 scoping letter differs from the Proposed Action analyzed in the EA. The overall acres proposed for treatment was reduced from 12,000 to approximately 5,000 for the EA, due to weed issues after further field review. In addition, the acreage proposed for treatment with a mechanical shear was reduced, while acreage proposed for hand treatment was increased. EA Comments Upon completion of the EA, parties that had expressed interest in this action were notified by letter on May 13, 2013 and given an opportunity to comment during a formal thirty (30) day public comment period. A legal notice was published in the Klamath Falls Herald and News newspaper on May 15, 2013. A news release announcing the availability of the EA and Draft Finding of No Significant Impact appeared in the Herald and News on May 16, 2013. No written comments were received, only two phone calls about the project. One caller commented on the proposed riparian fencing in Antelope Creek, and the other called to find out about the possibility of project contract work. BLM Actions Pertaining to Comments Received None of the EA comments presented cause for the interdisciplinary team to revise the Environmental Assessment. However, the caller’s riparian fencing comment was considered in my Decision. DECISION RATIONALE My decision to treat specific portions of some units with the various methods analyzed in the EA reflects the best balance and integration of resource conditions, competing management objectives, and expressed interests and concerns of the public. Implementation of the combination of Alternatives 1, 2, and the Proposed Action meets the Purpose and Need identified in the SW Gerber EA on pages 1-3, and furthers the intent established in the RMP as follows: • There is a need to improve and restore rangeland and riparian habitat to provide quality winter range for mule deer and quality sagebrush steppe habitat for a variety of wildlife species. This need will be met by the removal of encroaching western juniper that currently competes with and has reduced the quality of sagebrush steppe and riparian habitat within the analysis area. 4 of 5 • • • There is a need to provide opportunities for the public and local industry to utilize materials (i.e. as firewood, logs, chips or biomass) generated from restoration activities, where ecologically appropriate. The installation of four gates will enhance the effectiveness of the existing Klamath Deer Winter Range Closure, as described in the EA (page 4). No additional area is being added to the road closure area as a result of the gate installation. The gates will help protect a variety of resource values including natural surface roads, riparian/watershed, and wildlife habitat from November 1 through April 15. The modification of the riparian enclosure on Antelope Creek from 15 acres to seven acres will result in improved riparian habitat and continue to provide for livestock water. Finding of No Significant Impact No significant impacts were identified. There would be no impacts beyond those anticipated in the KFRA RMP/EIS. Refer to the accompanying Finding of No Significant Impact (FONSI). CONCLUSION Based on the information in the SW Gerber Habitat Restoration EA and project record, I conclude that this Decision is consistent with the Klamath Falls Resource Area RMP. The actions will help to move this portion of the landscape towards the desired future condition considered in development of the 1995 RMP. The actions will comply with the Endangered Species Act, the Native American Religious Freedom Act, cultural resource management laws and regulations, and Executive Order 12898 (Environmental Justice). This decision will not have any adverse effects to energy development, production, supply and/or distribution (per Executive Order 13212). In consideration of public comments, the consistency with the RMP, and the finding that there would not be any significant impacts, this Decision allows for implementation of the combination of alternatives as described in this Decision and the Southwest Gerber Habitat Restoration EA. ADMINISTRATIVE REMEDIES Any person adversely affected by this decision may appeal it to the Interior Board of Land Appeals (IBLA), Office of the Secretary, in accordance with the regulations contained in 43 CFR, Part 4. If an appeal is taken, a notice of appeal must be filed in this office (KFRA office) within 30 days of this decision for transmittal to the Board. If a notice of appeal does not include a statement of reasons, such statement must be filed with this office and with the Board within 30 days after the notice of appeal was filed. A copy of a notice of appeal and any statement of reasons, written arguments, or briefs, must also be served upon the Regional Solicitor, Pacific Northwest Region, U.S. Department of the Interior, 805 SW Broadway, Suite 600, Portland, OR 97205. The BLM will only accept an appeal submitted on paper that is either delivered in person or mailed/postmarked on or before the last day of the appeal filing period. A notice of appeal and/or request for stay electronically transmitted (e.g., email, facsimile, or social media) will not be accepted. A notice of appeal and/or request for stay must be on paper. _/s/ Donald J. Holmstrom_________ _8/30/2013_____ Donald J. Holmstrom, Field Manager Klamath Falls Resource Area Lakeview District, Bureau of Land Management Date 5 of 5 39 - 13 E -1 .0 1 Ro 18 un d 12-1 12 11-1 06 31 01 06 Va lley OREGON Rd Project Location KFRA E-11.0 Ccc 41-14 31 36 8-1 T40S-R14.5E T40S-R14E 13-1 11 12 06 Road East Langell Valle y 31 123 9W 2-3 1-1 1-2 illo wV 2-1 alle yR 36 31 01 06 41- 1 11 4E - .0 C 2-2 6-1 3-1 2-5 0 Klamath Falls Resource Area Lakeview District Bureau of Land Management 2795 Anderson Ave. #25 Klamath Falls, Oregon 97603 541-883-6916 1 4-1 4-1 3-1 4-1 3-1 41-14E-13.0 Willow V a lley OREGON CALIFORNIA South West Gerber EA Decision Record 9-1 5-1 7-1 d 10-1 cc 2 Miles Temp_Roads Gates Antelope_Riparian_Exclosure Hand Cut Mechanical Cut -Pile Burn/Plant Mechanical Cut -Utilize Riparian Hand Juniper Treatment No warranty is made by the Bureau of Land Management as to the accuracy, reliability, or completeness of these data for individual or aggregate use with other data. Original data were compiled from various sources and may be updated without notification. Bureau of Land Management U.S. Forest Service Bureau of Reclamation Private MXD: P:\lak\kfra\ID_TEAM_NEPA\SWGerber_EA\DR\130828_SW_Gerber_EA_DR.mxd Prepared By: mlimb Current Date: 08/28/2013 04:01:11 PM
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