Decision Record

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
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Klamath Falls Resource Area
Lakeview District Bureau of Land Management
2795 Anderson Ave. #25
Klamath Falls, Oregon 97603
541-883-6916
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OREGON
CALIFORNIA
South West Gerber EA
Decision Record
9-1
5-1
7-1
d
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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