Aquatic Restoration Environmental Assessment Malheur National Forest August 2014 Malheur National Forest Aquatic Restoration Environmental Assessment For More Information Contact: Steve Namitz PO Box 909 / 431 Patterson Bridge Road John Day, OR 97845 541-575-3000 The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). 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Malheur National Forest Aquatic Restoration Environmental Assessment Table of Contents Introduction ..................................................................................................................................... 2 Chapter 1 Purpose and Need for the Proposal ................................................................................ 6 Chapter 2 Proposed Action and Alternatives ............................................................................... 14 Chapter 3 Affected Environment and Environmental Consequences .......................................... 28 Fisheries and Hydrology ........................................................................................................... 28 Wildlife ..................................................................................................................................... 73 Botany ....................................................................................................................................... 93 Soils ......................................................................................................................................... 108 Fire and Fuels .......................................................................................................................... 113 Heritage Resources ................................................................................................................. 119 Recreation ............................................................................................................................... 122 Climate Change ....................................................................................................................... 127 Range Management ................................................................................................................. 129 Environmental Justice ............................................................................................................. 136 USDA Civil Rights Policy ...................................................................................................... 137 Prime Farmland, Rangeland, and Forest Land ........................................................................ 137 Irreversible and Irretrievable Commitments of Resources ..................................................... 137 National Forest Management Act ........................................................................................... 137 Finding of No Significant Impact ........................................................................................... 138 Chapter 4 Agencies and Persons Consulted ............................................................................... 142 List of Preparers ...................................................................................................................... 143 Appendix A Project Categories and Project Design Criteria...................................................... 144 Appendix B – Examples .............................................................................................................. 186 Appendix C – References ............................................................................................................ 192 Malheur National Forest Aquatic Restoration Environmental Assessment 1 Malheur National Forest Aquatic Restoration Environmental Assessment Introduction We prepared this draft environmental assessment to determine whether effects of the proposed activities may be significant enough to prepare an environmental impact statement. By preparing this environmental assessment, we are fulfilling agency policy and direction to comply with the National Environmental Policy Act (NEPA) and other relevant Federal and State laws and regulations. For more details of the proposed action, see Chapter 2 Proposed Action and Alternatives. This Aquatic Restoration Environmental Assessment includes a number of individual actions that, when grouped together, represent an overall watershed and fish habitat restoration program that may occur at many individual sites across the Malheur National Forest. The specific restoration actions can occur on a routine basis or sporadically and over an extended period, starting in 2014. A general plan for implementation would tier to the national priority subwatersheds and regional focus watersheds that have been identified on the Malheur National Forest utilizing the Regional Aquatic Restoration Strategy (USDA 2007) and the Watershed Condition Framework (USDA 2011) as well as the schedule listed on the Malheur National Forest Accelerated Vegetation Restoration Priority Watershed Map (see Figure 10) On January 28, 2013 the U.S. Forest Service, Pacific Northwest Region, Bureau of Land Management (Oregon State Office) and the Bureau of Indian Affairs, submitted the Fish Habitat Restoration Activities Affecting ESA-Listed Animal and Plant Species and their Designated or Proposed Critical Habitat and Designated Essential Fish Habitat under MSA found in Oregon, Washington and parts of California, Idaho and Nevada (ARBA II) to the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration, National Marine Fisheries Service on the effects of funding or carrying out restoration activities in Oregon and Washington. The 2013 Aquatic Restoration Biological Assessment is based on the Aquatic Restoration Biological Assessment (USDA et al. 2006), and the Biological Opinions (NMFS 2007 and USFWS 2007). The 2007 Biological Opinions expired in 2012 and triggered re-initiation. Some examples of projects completed on the Forest under the former biological assessment and biological opinion include riparian planting, stream restoration augmenting with large wood, culvert replacement for fish passage, livestock exclosures, juniper removal, and installation of fish screens on diversion ditches. National Marine Fisheries Service issued the Endangered Species Act – Section 7 Programmatic Consultation Conference and Biological Opinion And Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Response for Reinitiation of Aquatic Restoration Activities in States of Oregon and Washington (ARBO II) on April 25, 2013 and the US Fish and Wildlife Service issued the Endangered Species Act – Section 7 Consultation Programmatic Biological Opinion for Aquatic Restoration Activities in the States of Oregon, Washington and portions of California, Idaho and Nevada (ARBO II) on July 1, 2013. When projects are implemented on the Malheur National Forest within the categories of activities described in the Aquatic Restoration Biological Assessment II, and the standards of the biological assessment and the terms and conditions of these biological opinions are followed, further consultation for threatened endangered and sensitive species is not required. The categories of activities and their site-specific project design criteria approach are the basis of this Environmental Assessment which provides each Malheur National Forest administrative unit with a consistent methodology to design, implement, monitor, and document watershed and aquatic restoration activities. 2 Malheur National Forest Aquatic Restoration Environmental Assessment Location of the Proposed Action This analysis covers aquatic restoration projects that would occur within the administrative boundaries of the Forest and adjacent lands where restoration activities would aid in the recovery of threatened and endangered species and impaired water bodies, and achieve Forest Service aquatic restoration goals. Contained within the geographic area, site-specific action areas are located in fish and non-fish bearing streams, riparian areas, and uplands that have a direct link to restoration of aquatic habitat and watershed function. The project area includes all areas to be affected directly or indirectly by the aquatic restoration activities and not merely the immediate project area. The 1,459,422-acre Malheur National Forest (Forest or Malheur) and 240,000 acres of the Ochoco National Forest that are managed by the Malheur National Forest, Emigrant Creek Ranger District, for a total of nearly 1.7 million acres in eastern Oregon comprise the project area (see Figure 1). These 1.7 million acres are the acreage considered as the Malheur National Forest for purposes of this Environmental Assessment. Between the inception of the project and the release of the preliminary environmental assessment, approximately 13,080 acres of private lands were acquired by the Malheur National Forest in the headwaters of the John Day River. These acquired lands automatically become part of the management areas within which they are located (36 CFR 254.3 (f)) which includes portions of general forest (MA 1); rangeland (MA 2); riparian areas (MA 3); big game winter range (MA 4A); semi-primitive motorized recreation (MA 11); visual corridor (MA (14); and wildlife emphasis area (MA 15). At this time this area will be managed as the surrounding lands, with the exception of adjacent wilderness. 3 Malheur National Forest Aquatic Restoration Environmental Assessment The Figure 1 Aquatic Restoration Project Area – Malheur National Forest 4 Malheur National Forest Aquatic Restoration Environmental Assessment 5 Malheur National Forest Aquatic Restoration Environmental Assessment Chapter 1 Purpose and Need for the Proposal The purpose of this project is to maintain or enhance watershed health, species recovery and diversity as required by the Land and Resource Management Plans (Forest Plans) for the Malheur and Ochoco National Forests (1990 and 1989 respectively). The proposed project categories and activities, with their specific project design criteria (appendix A), as defined in ARBA II and ARBO II, are predictable as to their effects to Endangered Species Act and Magnuson Stevens Act listed aquatic species. This incorporation by reference to ARBA II and ARBO II, includes program administration and general aquatic conservation measures, in addition to the project design criteria. Seventeen project categories are covered by this environmental assessment, with the omission of ‘nutrient enhancement’, ‘invasive plant treatments’, and ‘sudden oak death treatments’, which are not applicable to the Malheur National Forest. ARBA II and ARBO II provide the basis for consistent implementation and effects analysis for the project categories and activities at the forest and site specific scale, and the agreement between the Forest Service and the US Fish and Wildlife Service and National Marine Fisheries Service on their effects provides an efficient approach to environmental analysis and future implementation for those projects that meet the design criteria on the Malheur National Forest and on adjacent private lands with willing partners that benefit public lands. The need of this forest wide project is based on providing a more efficient process to increase implementation of projects that would aid in the recovery of threatened and sensitive fish species located on the forest, their associated habitats, watershed health, and water quality. The Watershed Condition Framework (USDA Forest Service 2011) identified 63 percent of the subwatersheds across the Forest as impaired or functioning at risk. Impaired or functioning at risk subwatersheds receive ratings based on reduced conditions for water quality, aquatic habitat, riparian vegetation, and roads and trails indicators. The Environmental Baseline for Matrix of Pathways and Indicators (National Marine Fisheries Service Environmental and Technical Services Division Habitat Conservation Branch August 1996) further reinforced these condition assessments showing diminished fish habitat conditions for steelhead, bull trout, and redband trout – the majority of fish habitat indicators evaluated were found to be functioning at risk or functioning at unacceptable risk for aquatic habitats and water quality (see Figure 18). The State of Oregon, National Marine Fisheries Service, and Northwest Power and Conservation Council developed large-scale recovery plans that include areas of the Forest. These plans identified elements that are impeding the recovery of watershed function, water quality, species and or their designated critical habitats to help guide restoration actions in identified watersheds. (See Table 3) o The Middle Columbia River Steelhead Recovery Plan (Carmichael 2007) identified limiting factors for steelhead in the John Day Subbasin. Examples included altered hydrology and sediment routing, along with degraded floodplains, riparian communities, stream channel structure, and water quality (temperature). o The Columbia River Bull Trout Recovery Plan (U.S. Fish and Wildlife Service. 2002), identified limiting factors for bull trout in both the John Day and Malheur Subbasins. Examples include altered hydrology and sediment routing, aquatic passage, degraded floodplains, riparian communities, stream channel structure, water quality (temperature), and introduction of non-native species. The Malheur River Subbasin Assessment and Management Plan for Fish and Wildlife Mitigation (Malheur Watershed Council and Burns Paiute Tribe 2004) identified aquatic focal species (Chinook salmon, redband trout, and bull trout). The Malheur Subbasin Coalition selected these species based on their cultural, biological, and esthetic value. The primary 6 Malheur National Forest Aquatic Restoration Environmental Assessment limiting habitat attributes are channel conditions, riparian conditions, flow conditions (emphasis on low flows), and obstructions (habitat connectivity, aquatic passage). The John Day Subbasin Plan (Columbia-Blue Mountain Resource Conservation and Development Area and Northwest Power and Conservation Council 2005) identified aquatic focal species (summer steelhead, Chinook salmon, bull trout, westslope cutthroat trout and redband trout) and identified limiting factors that were having effects to those species. Those limiting factors include habitat diversity, sediment load, aquatic passage, stream temperatures, and key habitat quality and quantity. Flow was an additional limiting factor specifically identified for spring Chinook salmon, primarily in the mainstem Middle Fork John Day River. The previous plans listed aid in directing the need for action and help prioritize restoration projects on the Forest and on adjacent lands that benefit public values. Proposed aquatic restoration activities would be consistent with the Forest Plans. Restoration actions would be implemented through the use of project specific design criteria using a consistent methodology to design, implement, monitor, and provide documentation as outlined in the Aquatic Restoration Biological Opinion (ARBO II 2013). Public Involvement The proposal was listed in the Malheur National Forest Schedule of Proposed Actions (SOPA) in January, 2014. On January 17, 2014, a summary of the project proposal was mailed to 131 individuals and groups. This included Federal, State and local agencies, Grant County Court, Tribes, nearby property owners, advocacy groups and the general public. Considerations of comments brought up during public involvement are included in the project record. The proposed action and summary of environmental consequences was mailed to 127 individuals and groups for review during the 30-day comment period. The information was also posted on the forest web site. A legal notice for this comment period was published in Grant County, Oregon’s Blue Mountain Eagle on June 25, 2014. The Forest received 4 comment letters during the 30 day comment period. During the 30 day comment period the Forest staff met with various individuals and groups to discuss the project and answer questions. All comments received related to this project were reviewed, discussed by the interdisciplinary team and the line officer, and responses to each of these comments were recorded. The response to these comments is available upon request and will remain in the project record. This analysis and a draft decision notice are now made available for review, objection, resolution meetings, and pre-decisional administrative review pursuant to 36 CFR 218 subparts A and B. Issues Issues for the Aquatic Restoration Project were identified through public scoping and internal input from project resource specialists. Similar items were combined into one statement where appropriate. Key issues are defined as those directly or indirectly caused by implementing the proposed action; however, the effects cannot be reduced by normal best management practices or project design criteria. Usually an alternative is developed to address key issues. 7
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