United States Department of Agriculture Forest Service Beaverhead-Deerlodge National Forest Madison Ranger District 5 Forest Service Road Ennis, MT 59729 406 682-4253 File Code: 1950 Date: June 19, 2012 Dear Planning Participant: The Madison Ranger District is publishing the Mill Creek Streambank Stabilization project for a 30-day public comment period. Please see the How to Comment section on pages 4 and 5. Background During high water last year Mill Creek eroded the steep streambank behind the Sheridan Work Center in Madison County on an administrative site at T4S, R5W, Section 25. Purpose and Need A significant portion of the streambank sloughed off, introducing large amounts of sediment into the stream course. Streambank stabilization repairs are needed to prevent more sedimentation downstream and protect Forest Service land and infrastructure. Proposal The Madison Ranger District proposes to stabilize about 20 feet of the eroded streambank on both sides of the stream channel next to the Sheridan Work Center Administrative Site. Work would include removing remaining portions of the eroded streambank and vegetative material that has fallen into the stream, and placing large rock, root wads, and native vegetation at the toe of the slope, with an excavator, to protect the existing bank from further erosion and scouring. All ground disturbing activities would be limited to the stream banks from the work center parking lot upstream to the residence on the property. Mitigation and Design Features Heritage If cultural resource sites or artifacts are discovered during project implementation the Forest Archeologist should be notified immediately. Hydrology Work would be directed by hydrology and fisheries personnel to ensure proper protections are in place. Vegetation Noxious weeds would be controlled following procedures in the Noxious Weed Control Program ROD (2002) for the Beaverhead-Deerlodge National Forest. Reasons for Categorically Excluding the Proposed Action An action may be categorically excluded from further analysis and documentation in an environmental impact statement (EIS) or environmental assessment (EA) if it is within one of the categories identified by the USDA in 7 CFR part 1b.3 or 7 CFR part 1b.3 or 36 CFR 220.6(d) or 1
(e), and there are no extraordinary circumstances related to the decision that may result in a significant individual effect on the quality of the human environment. This project has been reviewed in accordance with FSH 1909.15 Chapter 30. I have determined the project fits the following category: 36 CFR 220.6(e)(7) 32.2(7) Modification or maintenance of stream or lake aquatic habitat improvement structures using native materials or normal practices. My decision will be based on a review of the project record that shows a thorough review of relevant scientific information, a consideration of responsible opposing views, and the acknowledgement of incomplete or unavailable information. The record includes the following resource specialist reports: Biological assessments and evaluations for Aquatic, Botany, and Wildlife TES species Tribal and heritage resource findings Soils report Hydrology report Recreation report Scenery report Aquatics/Amphibian Report By definition, categorical exclusions do not individually or cumulatively have significant effects on the human environment (40 CFR 1508.4). Resource specialists considered direct and indirect effects from the proposed action coupled with past, present, and reasonably foreseeable actions. I have examined the proposed action and the effects analyses disclosed in the resource specialist reports listed above and conclude that without notable individual effects from the proposed action, there would be no discernible cumulative effects. The interdisciplinary team reviewed the resource conditions listed in FSH 1909.15 Chapter 30 (32.2 (3)) and other concerns applicable to this project to determine whether any extraordinary circumstances exist. The mere presence of one or more of the resource conditions listed below does not preclude the use of a categorical exclusion. It is the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions and if such a relationship exists, the degree of potential effect of a proposed action on these resource conditions that determine whether extraordinary circumstances exist. The resource specialist reports have provided the necessary information to make a determination on the cause-effect relationship between the proposed action and the potential effect on the resource conditions listed in the table below, and thus the presence of extraordinary circumstances. RESOURCE CONDITION Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. Floodplains, wetlands, or municipal watersheds Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas. POTENTIAL EFFECT Threatened or Endangered Species: There would be no effect to grizzly bear. Sensitive Species: No Impact to all sensitive terrestrial, aquatic, or plant species. No negative impacts to municipal watersheds, floodplains, or wetlands are projected. No congressionally designated areas occur in or near the project; therefore no negative impacts to any congressionally designated areas are projected. 2
RESOURCE CONDITION Inventoried Roadless Areas Research Natural Areas American Indians and Alaska Native religious or cultural sites. Archaeological sites, or historic properties or areas. POTENTIAL EFFECT There are no inventoried roadless areas within or adjacent to the project area. Therefore, negative impacts to any research natural areas are not projected. There are no research natural areas within the project area. Therefore, negative impacts to any research natural areas are not projected. The project will have no impacts on the visual or setting characteristics of the Sheridan Work Center. If cultural resource sites or artifacts are discovered in the streambank, during project implementation the Forest Archeologist would be notified immediately. Based on these findings, it is my preliminary determination that a categorical exclusion is appropriate in this situation because the proposed action fits within the category described above and there appear to be no extraordinary circumstances present. Scoping and Public Comments The project was first published on the SOPA on April 1, 2011. The proposal was provided to interested members of the public and other agencies for scoping period from March 7, 2012 through April 6, 2011. One comment was received. The comment was from Native Ecosystems Council and was supportive of the proposed action. Forest Plan Direction The National Forest Management Act (NFMA) requires the development of long-range land and resource management plans. The Beaverhead-Deerlodge National Forest Plan was approved in 2009 and provides guidance for all natural resource management activities on the Beaverhead- Deerlodge National Forest. NFMA also requires that all projects and activities be consistent with the plans. The decision is consistent with Forest Plan direction including all applicable standards. Forest wide Goals and Objectives: Aquatic Resources Goal for Riparian Areas: Riparian habitat, species composition, and structural diversity of native and desired non-native riparian plant communities are maintained or restored to (IN 5-6): Provide an amount and distribution of woody debris characteristic of functioning aquatic and riparian ecosystems; Provide adequate summer and winter thermal regulation for streams to support beneficial uses; Provide bank stability to maintain rates of surface erosion, bank erosion, and channel migration which are characteristic of functioning aquatic and riparian ecosystems; Effectively trap and store sediment, build stream banks and floodplains, and promote recovery after watershed disturbance. (FP, page 14). 3
Infrastructure Goal for Facilities: Administrative and/or recreation facilities are constructed, managed, and maintained to meet land and resource objectives and address recreation demand Findings Required by Law National Forest Management Act - The Beaverhead-Deerlodge National Forest Land and Resource Management Plan (Forest Plan) was approved in 2009, as required by this Act. The Forest Plan has been reviewed in consideration of this project and the project meets all applicable management direction found in the 2009 Beaverhead-Deerlodge Forest Plan including consistency with all applicable standards. Endangered Species Act - See the Reasons for Categorically Excluding the Proposed Action Section of this document for a summary of the effects of this project to Endangered, Threatened, or Candidate Species. The summary is based on a more thorough analysis available in the project record. This project is consistent with the requirements of the Endangered Species Act. Sensitive Species (Forest Service Manual 2670) - This direction requires analysis of potential impacts to sensitive species and the Regional Forester approved the sensitive species list on October 28, 2004. Our review of the potential effects of this decision upon the sensitive species has been completed and the analysis documented in the project file and Resource Condition Table above. Environmental Justice (Executive Order 12898) - This Order requires consideration of whether projects would disproportionately affect minority or low-income populations in or around the project area. Based on internal review and public scoping, the proposed action did not identify any adversely impacted local minority or low-income populations. Clean Water Act The intent of the Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through the use of Best Management Practices (BMPs). This decision incorporates Best Management Practices to ensure protection of soil and water resources and complies with the Clean Water Act and State water quality standards. Clean Air Act Under this Act, areas of the country were designated as Class I, II or III airsheds for Prevention of Significant Deterioration purposes. There will be no air quality impacts as a result of this decision. The National Historic Preservation Act As discussed earlier in this document and in detail in the project file, impacts to cultural resources are not expected. Migratory Bird Treaty Act There will be no known substantial losses of migratory bird habitat expected from the implementation of this proposal. National Environmental Policy Act - This Act requires public involvement and consideration of potential environmental effects. This document and the project record provide documentation for this decision which supports compliance with this Act. Other Laws or Requirements The proposed action is consistent with all other Federal, State, and/or local laws or requirements. How to Comment and Timeline Public comments on this proposal are invited and encouraged. No decision has been made yet. This comment period provides those interested in or affected by this proposal an opportunity to make their concerns known prior to a decision being made by the Responsible Official. Only those who provide timely comments will be eligible to appeal the decision pursuant to 36 CFR part 215 regulations. Comments in response to this solicitation, including names, postal and 4
email addresses and phone numbers, will be considered part of the public record, and available for public review. Written, facsimile, hand-delivered, oral, and electronic comments will be accepted for 30 calendar days following publication of the legal notice in the Montana Standard. The publication date in the newspaper of record is the exclusive means for calculating the comment period for this proposal. You should not rely upon dates or timeframe information provided by any other source. For appeal eligibility each individual or representative from each organization submitting comments must either sign the comments or verify identity upon request. Written comments should be mailed to: District Ranger, Madison Ranger District, 5 Forest Service Road, Ennis, MT 59729, Telephone (406) 682-4253 / FAX (406) 682-4233, Email your comments to: comments-northern-beaverhead-deerlodge@fs.fed.us and please type Mill Creek Streambank Stabilization in the subject line. For electronically mailed comments, the sender should normally receive an automated electronic acknowledgement from the agency as confirmation of receipt. If the sender does not receive an automated acknowledgement of the receipt of comments, it is the sender s responsibility to ensure timely receipt by other means. Acceptable electronic formats include email text (i.e. ASCII text or html) and Word or PDF documents. The district office is open from 7:30 AM to 4:30 PM Monday through Friday excluding federal holidays for hand-delivered comments. Comments should include: 1) name, address, phone number, and organization represented, if any; 2) title of project on which the comments are being submitted; and 3) specific facts and supporting information for the responsible official, Madison District Ranger, to consider. If you would like more information, please call Darin Watschke at the Madison Ranger District (406) 682-4253. Sincerely, /s/ Ken Harris Ken Harris District Ranger 5