Windy Red Pine Thinning and Pagami Fire Salvage/Restoration Project Preliminary Decision Memo

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1 Windy Red Pine Thinning and Pagami Fire Salvage/Restoration Project Preliminary Decision Memo USDA Forest Service, Superior National Forest Tofte Ranger District Lake County, Minnesota PURPOSE OF AND NEED FOR ACTION I propose to treat about 1,000 acres of National Forest System land to improve the health and productivity of red pine stands and restore areas impacted by the Pagami Creek Fire within the Windy Vegetation Project Area. The purpose of this project is to improve the growing conditions within red pine stands, which would in turn increase the productivity and health (resiliency and vigor) of the dominate tree cover. During high levels of competition, the weaker trees tend to succumb to diseases, droughts, and insects, eventually dying. Thinning during and before these high levels of competition would eliminate the amount of trees with declining health, continually keeping tree mortality rates low. Since the residual trees would maintain a strong health, the residual stands would be better prepared to fight off mortality due to insect, disease, and low intensity forest fires. After originally proposing the Windy Red Pine Thinning Project, the Pagami Creek Fire occurred in the project area, burning some of the stands originally proposed for thinning. Based on the changed conditions in the project area, additional purposes of this project are to restore areas burned by the Pagami Creek Fire, where adequate regeneration is not expected, and to capture some of the wood fiber value burned in the fire. The majority of the Pagami Creek Fire is expected to regenerate naturally; however, based on current field reconnaissance, there are two stands that need planting or partial planting to ensure a fully stocked forest. These stands were plantations in the process of regenerating and the young trees, as well as any remaining seed source, were burned. The Pagami Creek Fire area will continue to be monitored to assess if further reforestation is needed. Although most of the burned area outside of the Boundary Water Canoe Area Wilderness is not feasible to salvage, there is a small amount of acres that may be merchantable. Salvage of these limited acres would utilize some of the burned wood, providing areas where jack pine (within the Jack Pine Black Spruce Landscape Ecosystem) would be seeded. Some of the proposed salvage areas were red pine plantations, established on sites historically suited for jack pine. The salvage logging would create a better seed bed for jack pine regeneration, increasing the occurrence of this native tree in the area. These proposed actions would accomplish the following 2004 Superior National Forest Land and Resource Management Plan s (Forest Plan) desired condition and objective. D-ID-1: Resources conditions minimize undesirable fire, insect, and disease outbreaks. When such events occur, healthy ecosystems are resilient and able to recover (FP. p.2-19). Decision Memo Windy Thinning/Pagami Restoration Project Page 1

2 O-ID-1: Increase the amount of forest restored or maintained in a healthy condition to reduce risk of and damage from fires, insects, and disease (FP p.2-19). O-TM-1 Provide commercial wood for mills in Northern Minnesota. (FP p.2-20). DESCRIPTION OF DECISION Attachment 1 lists all the proposed units and treatments. Figure 1 shows the location of the proposed treatment units. This project would be implemented beginning in the winter of A summary of the proposed treatment is: Thin approximately 725 acres of red pine. Thinning is an intermediate harvest where trees are removed to improve growing conditions for the remaining trees. In general, a portion of the stand s basal area is removed at one time and trees are removed fairly uniformly across the stand. Thinning these units would reduce tree density in order to improve growth, form, and forest health. About 0.2 miles of temporary road construction would be necessary for the implementation of the above mentioned treatment. In a majority of the stands, existing roads would be utilized. Salvage approximately 177 acres. Salvage is a final regeneration harvest where the timber with merchantable value are removed. Live trees would not be cut except where necessary for access to the site. Any dead trees without merchantable value that benefit wildlife would be left as reserve trees. Reforestation would occur after harvest. Less than 0.5 miles of temporary road would be constructed to access these units. Reforest approximately 45 acres. This treatment would reforest an area without any prior harvest or treatment. The reforestation method for units with no surviving regeneration would be planting; fill-in planting would be used where there is some regeneration present in the units. Illustration of dense red pine stand before thinning and additional growing space between trees after thinning. Before Thinning After Thinning Operational Standards and Guidelines are required for all proposed actions listed and are intended to limit or avoid potential adverse effects. These standards and guidelines are based on 2004 Superior National Forest Land and Resource Management Plan standards and guidelines, Decision Memo Windy Thinning/Pagami Restoration Project Page 2

3 2005 Minnesota Forest Resources Council (MFRC) Forest Management Guidelines, federal laws and regulations, and Forest Service policies. The Operational Standards and Guidelines for the project are in the Windy Red Pine Thinning Project Record and can be referenced on the website at Additional site specific mitigation measures will be developed as needed for each unit to further reduce impacts. Mitigation measures will be developed prior to a decision being made on this project and will be listed in the final treatment table. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION This project can be categorically excluded from documentation in an environmental impact statement or an environmental assessment because it falls under categories identified in Section 31.2 of the Forest Service Handbook : Environmental Policy and Procedures Handbook. The thinning activities fall under category 6 (36 CFR 220.6(e)(11)) which includes timber stand and/or wildlife habitat improvement activities which do not include the use of herbicides or do not require more than one mile of low standard road construction. This project meets the following provisions for categorical exclusion because: This project would not involve more than one mile of low standard road construction. This project would not include the use of herbicides. The reforestation activites fall under Category 11 (36 CFR 220.6(e)(11)) which includes Post-fire rehabilitation activities, not to exceed 4,200 acres (such as tree planting, fence replacement, habitat restoration, heritage site restoration, repair of roads and trails, and repair of damage to minor facilities such as campgrounds), to repair or improve lands unlikely to recover to a management approved condition from wildland fire damage, or to repair or replace minor facilities damaged by fire. This project meets the following provisions for categorical exclusion because: This project is consistent with management direction, standards and guidelines of the Forest Plan. This project would not include the use of herbicides or pesticides or the construction of new permanent roads or other new permanent infrastructure; and This project would be completed within 3 years following a wildland fire. The salvage activities fall under Category 13 (36 CFR 220.6(e)(13)) which includes salvage of dead and/or dying trees not to exceed 250 acres, requiring no more than ½ mile of temporary road construction. The proposed action may include incidental removal of live or dead trees for landings, skid trails, and road clearing. This project meets the following provisions for categorical exclusion because: This project would only salvage trees killed by the Pagami Creek Fire; and This project would be not include more than 0.5 mile of temproary road construction. In addition, my preliminary conclusion is that there are no extraordinary circumstances related to the project that may result in a significant individual or cumulative effect on the quality of the human environment. My conclusion is based on information presented in the preliminary Decision Memo and the project record. Decision Memo Windy Thinning/Pagami Restoration Project Page 3

4 Regarding extraordinary circumstances, Forest Service Handbook (30.3) states that the mere presence of one or more of these resource conditions does not preclude use of a categorical exclusion. The existence of a cause-effect relationship between the actions and the potential effect on these resource conditions and the degree of the potential effect of a proposed action on these resource conditions determine whether extraordinary circumstances exist. The absence of extraordinary circumstances is summarized below. 1. Threatened and Endangered Species or Their Critical Habitat - The Endangered Species Act requires that federal activities not jeopardize the continued existence of any species federally listed or proposed as threatened or endangered, or result in adverse modification to critical habitat. The gray wolf and Canada lynx are the only federally listed species on the Superior National Forest. Based on a preliminary analysis of data for the Windy Red Pine Thinning and Pagami Fire Salvage/Restoration Project, the activities in this project are: not likely to adversely affect the Canada lynx; not likely to destroy or adversely modify proposed lynx Critical Habitat; not likely to adversely affect the gray wolf; and not likely to destroy or adversely modify wolf critical habitat. This determination is based on the number of acres being treated, treatment type, miles of road proposed and anticipated disturbance levels. A complete analysis and final determination for gray wolf, Canada lynx and their critical habitats will be in the Biological Assessment for the project. 2. Floodplains, Wetlands, or Municipal Watersheds Floodplains: Executive Order is to avoid adverse impacts associated with the occupancy and modification of floodplains. Floodplains are defined by this order as, the lowland and relatively flat areas adjoining inland and coastal waters including flood-prone areas of offshore islands, including at a minimum, that area subject to a one percent [100-year recurrence] or greater chance of flooding in any one year. Few anticipated treatment activities would occur within or immediately adjacent to stream channels during this project. Where stream channels exist or are discovered during implementation, the Operational Standards and Guidelines would be followed to minimize impacts to water and soil resources. This project is not expected to result in significant floodplain related impacts. Wetlands: Executive Order is to avoid adverse impacts associated with destruction or modification of wetlands. Wetlands are defined by this order as, areas inundated by surface or ground water with a frequency sufficient to support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds. Wetland soils are found in some of the proposed treatment units. Treatment activities would adhere to the Operational Standards and Guidelines to minimize impacts to wetland resources. This project is not expected to result in significant wetland related impacts since harvest tree species are not commonly on wetland soil. Decision Memo Windy Thinning/Pagami Restoration Project Page 4

5 Municipal Watersheds: Municipal watersheds are managed under multiple use prescriptions in land and resource management plans. There are 2 municipal watershed located on the Superior National Forest: Burntside Lake that services the community of Ely, and Colby Lake which services the community of Hoyt Lakes. Neither of these municipal watersheds are on the Tofte Ranger District. Due to proximity, this project is not expected to result in significant municipal watershed related impacts. 3. Congressionally Designated Areas - The Congressionally designated wilderness, the Boundary Waters Canoe Area Wilderness (BWCAW), boundary is over one mile from the nearest proposed thinning treatment. The nearest wilderness campsite, on Island River, is located two miles away from the nearest proposed thinning unit, No impacts to the BWCAW are expected from these units because of the distance between the units and the BWCAW. Three salvage units ( , , ) are within ½ mile of the BWCAW and would have limited sound impact to the Wilderness. District personnel estimate on average about 7 acres may be harvested per day. By those estimates, the proposed 41 acres of salvage would take approximately six days to complete. Operations would likely occur in the winter or spring of 2012 when there is limited use in the BWCAW. In this area of the Wilderness, motorized vehicle sounds can be heard currently from the Tomahawk Trail (a main Wilderness access road) and surrounding logging operations (on state or federal land in the present and past). None of the treatments in this project are adjacent to the wilderness and would not encourage or facilitate motorized access to the wilderness. This project is not expected to result in significant wilderness related impacts. There are no Wilderness Study Areas on the Superior National Forest. Therefore, the treatments would not affect this resource. There are no National Recreation Areas on the Superior National Forest. Therefore, the treatments would not affect this resource. 4. Inventoried Roadless Areas None of the treatments fall within any area identified in the Roadless Area Conservation Rule. Therefore, the treatments would not affect this resource. The Forest Plan revision process, completed in 2004, required an up-to-date inventory to address roadless area management issues. Areas that met the Forest Service Handbook (FSH) inventory criteria were evaluated and considered for wilderness study recommendation (FSH ). The Forest Plan Record of Decision, pages 17 and 18 described why the areas were not recommended for wilderness study and consequently all the inventoried areas were allocated to other Management Areas. The Forest Plan Final Environmental Impact Statement (FEIS) analysis is in Section 3.7 Special Designations, pages Appendix C of the Forest Plan FEIS, displays the Forest Plan Roadless Area Inventory and Evaluation. There are no Forest Plan Inventoried Roadless Areas within eight miles of any proposed action. Due to the amount of forest inbetween the proposed units and the nearest Forest Plan Inventoried Roadless Area, this project would have no foreseeable impact to the Forest Plan Inventoried Roadless Areas. Decision Memo Windy Thinning/Pagami Restoration Project Page 5

6 5. Research Natural Areas None of the project sites are within or near a Research Natural Area. This project, with impacts limited to the immediate area of activity, would not affect Research Natural Areas. 6. American Indian and Alaska native religious or cultural sites and archaeological sites, or historic properties or areas During the project area received block survey coverage and partial intensive surveying, including walkover and shovel testing of high probability areas. The goal of this inventory was to identify and protect proporties from project activities. This survey is documented in Cultureal Resource Reconnaisance Report s , , , , , , , , , , , , and There are 5 unevaluated heritage sites located within, or adjacent to the project area. In accordance with 36 CFR 800, a No Effects Recommendation is made, meaning that known and newly discovered historic properties would be excluded from project activities. Also, a buffer would be placed around the heritage resources to ensure their protection and avoidance from project activities. See the project record for further details about the No Effects Recommendation. PUBLIC INVOLVEMENT Public involvement for this project included notifying interested parties with a scoping letter and listing the project in the Superior Quarterly. A scoping letter, requesting comments on the proposed treatments, was mailed to nearly 150 individuals, groups, and agencies who either own land within the project area or who have expressed interest in these types of projects. The letter was sent in September 2011and a preliminary Decision Memo was available to interested parties through the Superior National Forest website. This project was listed in the Superior Quarterly, a Schedule of Proposed Actions for the Superior National Forest, since July Three people/organizations expressed interest in the project. In November 2011, a letter was sent to the three interested parties requesting additional comments. The letter provided an update on changed forest conditions as a result of the Pagami Fire and subsequent changes in the project proposal. FINDINGS REQUIRED BY OR RELATED TO OTHER LAWS AND REGULATIONS The proposed project complies with all applicable laws and regulations. I have summarized some pertinent ones below. Forest Plan Consistency (National Forest Management Act; NFMA) I reviewed the Forest Plan and determined this project to be consistent with the Management Area direction for each of the treatment units. I reviewed the Forest-wide Goals and the Forest-wide Desired Conditions, Objectives, Standards and Guidelines in the Forest Plan. Those relevant to the project would be met and they have been incorporated in the Operational Standards and Guidelines. As described under the Purpose of and Need for Action, this project would move the forest towards Forest Plan desired conditions. Timber Harvest (NFMA) Through conformance with Forest Plan standards and guidelines, this decision is consistent with National Forest Management Act requirements for timber harvest, at 16 U.S.C (g)(3)(e&f). -Soil, slope or other watershed conditions will not be irreversibly damaged and protection is Decision Memo Windy Thinning/Pagami Restoration Project Page 6

7 provided for streams, wetlands and other bodies of water from detrimental changes to water conditions or fish habitat. This proposed action follows the Standards and Guidelines which resource specialists have said to be appropriate and effective in preventing irreversible damage to watershed conditions and appropriate and effective in preventing damage to water conditions and fish habitat. - Assure that lands can be adequately restocked within five years after final harvest when trees are cut to achieve timber production. Restocking is not applicable to thinning units since the areas treated would remain adequately stocked after treatment. Generally, a thinning harvest only reduces a portion of the stand s basal area which should not move stocking levels below fully stocked. Based on the experience and the expertise of the interdisciplinary team, there is reasonable assurance that (salvage) harvested lands will be adequately restocked within five years. - Actions not chosen primarily because they give the greatest dollar return or the greatest output of timber (although these factors shall be considered). The actions were chosen to achieve Forest Plan desired conditions and objectives, stated in more detail in the above Purpose of and Need for Action section. - All actions follow NFMA guidelines for stand regenerating harvests. Harvest methods were determined to be optimum or appropriate and would meet the requirements of the Forest Plan. Since the proposed action is an intermitant harvest, not a regenerating harvest, these concerns are not applicable. Sensitive Species (Forest Service Manual 2670) Regional Forester s Sensitive Species are species for which population viability is a concern due to one or a combination of several factors: 1) habitat and species rarity or poor distribution 2) a declining trend in population 3) risk to habitat integrity and 4) population vulnerability. A Biological Evaluation, which determines the effects of a proposal on sensitive species, is currently being completed for the Windy Red Pine Thinning Project. Based on a prelimnary analysis of data, these management actions are not expected to result in a trend toward federal listing or a loss of viability and no effects to minimal effects are expected as a result of this project. A final determination of effects will be disclosed in the Bioloigcal Evaluation for the project. Environmental Justice (Executive Order 12898) This Order requires consideration of whether projects would disproportionately impact minority or low-income populations. Public involvement is currently occurring for this project, the results of which I would consider in this projects final decision. This Public involvement should identify any adversely impacted local minority or low-income populations. No minority or low-income populations would be adversly affected due to this project. IMPLEMENTATION A decision is expected on this project in the winter of 2011 and is not subject to appeal (36 CFR 215.4). Implementation is expected to begin in the winter of Further information about this decision may be obtained from Becky Bartol, Project Leader, at the Tofte Ranger District, 7355W. Hwy 61, Tofte, MN, 55615; by telephone at ; Fax: ; or rbartol@fs.fed.us. Decision Memo Windy Thinning/Pagami Restoration Project Page 7

8 SIGNATURE AND DATE John Wytanis Tofte District Ranger Date The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or familial status. (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 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-w, Whitten Building, 1400 Independence Ave. SW, Washington, DC or call (voice or TDD). USDA is an equal opportunity provider and employer. Decision Memo Windy Thinning/Pagami Restoration Project Page 8

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