LEGEND Pipeline Centerline Permanent Right-of-Way Access Road Property Line Temporary Extra Work Area Existing Easement Work Area

Transcription

1 LEGEND Pipeline Centerline Permanent Right-of-Way Access Road Property Line Temporary Extra Work Area Existing Easement Work Area TEG BY: DATE: NO. DATE REVISION DESCRIPTION W.O. NO. 0 APPROVED FOR PERMIT NORTHWEST PIPELINE GP 2012 GOLDENDALE TO WILLARD ANOMALY DIG EXHIBITS M.P T-03-N, R-11-E, S-01 KLICKITAT COUNTY, WASHINGTON DWG. # RGW-44730

2 Table 1: CRGNSA Plan Information for Land Use Designations/Landscape Settings/ Scenic Standards/Resources Land Owner U.S. Forest Service; Private Land County Acre Location Klickitat Access along 8000 feet of existing road and two investigational digs in ROW T3N/R7E: S1 Land Use Designation SMA Open Space LS GW Scenic Standard (VQO) NVE Visible from Nearest KVA Not visible from any KVA. The site is in the background viewing zone, 4 to 5 miles in distance for the following KVA s : I-84, SR14, Rowena Plateau, Col Rvr, HCRH, County Road 1230 Resources Present Natural, Cultural. Key to Table 1 LUD Land Use Designation LS Landscape Setting Scenic Standard KVA - Key Viewing Area Ag SMA Agriculture CW Coniferous Woodland (SMA & GMA) VS Visual Subordinance (Partial Retention) Fg: Foregound: up to ½ mile from KVA A-1 GMA Large Scale Agriculture G Grasslands (GMA) NVE. Not Visually Evident (Retention) Mg: Middleground: ½ to 3 miles from KVA A-2 GMA Small Scale Agriculture OW Oak Woodlands (SMA & GMA) Bg: Background: over 3 miles from KVA F SMA Forest P Pastoral (SMA) I-84 Interstate 84 F1 GMA Commercial Forest RB River Bottomlands (SMA) HRCH Historic Columbia River Hwy F3 GMA Small Woodland GW Gorge Walls (SMA) Col Rvr Columbia River OS SMA Open Space SR14 Washington State Route 14 OS GMA GMA Open Space SR142 Washington State Route 142 PR Public Recreation (GMA) R Residential (GMA) Northwest Pipeline GP (Northwest) has submitted an application to use a native surface road on National Forest System land. This road will be used to access a portion of Northwest s existing 75-foot-wide right-of-way (ROW) to complete two (2) investigational digs of pipeline anomalies on their 26 inch gas pipeline. This determination of consistency with the CRGNSA Management Plan and Scenic Area Act is for the use of a native surface road within the CRGNSA on Forest System lands. This project is located on NFS lands (T3N R11E Section 1) in Klickitat County, Washington on the East Fork of the Major Creek drainage. The existing road is 8000 feet in length and will be used to transport personnel and small equipment using a small tracked vehicle. No road grading is required to use the road. Activities on the road will include removal of a few small trees (less than 8-inch diameter), minimal trimming of tree limbs/vegetation and removal of hazardous debris (fallen trees and hand-leveling of slide areas) in the road. Northwest will close the road at the end of the project. Excavation of the one anomaly site on the east side of East Fork of Major Creek (RGW44950) will be performed using an excavator (private/federal ownership). Excavation of the one anomaly site on the west side of East Fork of Major Creek (RGW45040) will be performed by hand (private ownership). Northwest will winch an excavator down the existing 75-foot-wide ROW to limit ground disturbance to the road. No tracked construction equipment (dozers, excavators, etc) will utilize the existing native surface road to access the dig sites. Because of the extremely steep topography it is not possible to transport the personnel and small equipment via the ROW. The duration of this project is approximately 7 14 days. Page 2

3 Findings of Fact - Consistency with CRGNSA Plan Guidelines Land Use Designations The project is located in SMA Open Space Review Uses EXISTING USES AND DISCONTINUED USES GMA/SMA Guidelines 1. Right to Continue Existing Uses and Structures: Except as otherwise provided, any existing use or structure may continue as long as it is used in the same manner and for the same purpose.(mp,ii-7-4) 5. Discontinuance of Existing Uses and Structures: Except as provided in Guidelines 3 and 3.F above, any use or structure that is discontinued for one (1) year or more shall not be considered an existing use or structure. Proof of intent to abandon is not required to determine that an existing use or use of an existing structure has been discontinued. A. Multiple Uses: An existing use or structure with more than one legally established use may discontinue one of the uses without discontinuing the others. B. Change in Use: An existing use or structure shall become discontinued if the use or use of the structure changes. (MP, II-7-9) USES ALLOWED OUTRIGHT GMA and SMA OPEN SPACE GMA/SMA Guidelines 1. The following uses may be allowed without review in all GMA and SMA Open: A. Repair, maintenance and operation of existing structures, including, but not limited to, dwellings, agricultural structures, trails, roads, railroads, and utility facilities. (MP, II-7-16) C. The following underground utility facilities: (1) Replace or modify existing underground utility facilities located inside road, utility or railroad rightsof-way or easements that have been disturbed in the past or co-locate new underground utility facilities with existing underground facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past, provided no excavation would extend beyond the depth and extent of the original excavation. (2) Replace or modify existing underground utility facilities located inside road, utility or railroad rightsof-way or easements that have been disturbed in the past or co-locate new underground utility Findings. The gas pipeline and right-of-way are an existing use (1). The 8000 feet of existing native surface road was the original road down to east fork of Major Creek. It was most likely built for the construction of the gas pipeline. The road may have seen use in the past for Forest management activities. There is no recent evidence that it has seen vehicle use except for the occasional hunter. The native surface road was not identified in the land purchase and was not identified for inclusion into the Forest Transportation System. The general public has never been able to access the native surface road because access is through private land behind a locked gate. Under Forest Service regulations and manual direction the native surface road cannot be considered an existing use. For the purpose of the management plan review use, the native surface road meets the requirements of a discontinued use (5).. The Gas Pipeline and use of the right-of-way is part of the repair, maintenance and operation of existing structures (1A). The completion of the investigational digs within the ROW is a use allowed outright (1C). If a portion of the pipeline must be replaced or modified based on this investigational dig it is also a use allowed outright (1C1 and 1C2) (See cultural resource section for compliance with 1C2). Page 3

4 facilities with existing underground facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past, provided (1) no excavation would extend more than 12 inches beyond the depth and extent of the original excavation, (2) no ditch for linear facilities would be more than 24 inches wide, (3) no excavation for non- linear facilities would exceed 10 cubic yards, and (4) no recorded archaeological site is located within 500 feet of the development. To comply with (4), the entity or person undertaking the development shall contact the Washington Office of Archaeology and Historic Preservation or the Oregon State Historic Preservation Office and obtain a letter or other document stating no recorded archaeological site is located within 500 feet of the development. (MP, II-7-18) Repair: Replacement or reconstruction of a part of a serviceable structure after damage, decay or wear. A repair returns a structure to its original and previously authorized and undamaged condition. It does not change the original size, scope, configuration or design of a structure, nor does it excavate beyond the depth of the original structure. Repair includes, but is not limited to, reroofing a building, replacing damaged guardrails, reconstructing a rotten deck or porch, replacing a broken window or door, replacing a utility pole and associated anchors, replacing a section of broken water or sewer line, replacing a damaged or defective utility line, reconstructing a portion of a building damaged by fire or a natural event, and replacing railroad ties or rails. (MP, G-16). Maintenance: Ordinary upkeep or preservation of a serviceable structure affected by wear or natural elements. Maintenance does not change the original size, scope, configuration or design of a structure. Maintenance includes, but is not limited to, painting and refinishing, regrouting masonry, patching roofs, grading gravel roads and road shoulders, cleaning and armoring ditches and culverts, filling potholes, controlling vegetation within rights- of-way, removing trees and other roadside hazards within rights-of-way, and testing and treating utility poles. (MP, G-12). SMA Open Space Review Uses 1. An Open Space plan shall be completed by the primary managing agency or landowner prior to any new land uses or development, and shall be reviewed by the Forest Service. (MP, II-3-11) SMA Open Space Review Uses 2. The following uses may be allowed on lands designated Open Space subject to review for compliance with the scenic, cultural, natural, and recreation resource guidelines. The use or development shall be sited to minimize the loss of land suitable for the production of forest products. D. Utility facilities necessary for public service, upon a showing that:. An Open Space Plan has been completed: Catherine Creek/ Major Creek Open Space Plan 1995 (1).. The Forest Service is reviewing Northwest Pipeline s application to use the native surface road as a temporary new use for the continued operation of an existing utility facility (gas pipeline within their right-of-way) (2D). Page 4

5 (1) There is no alternative location with less adverse effect on Forest lands. (2) The size is the minimum necessary to provide the service. (MP, II-3-12) Utility facility: Any structure that provides for the transmission or distribution of water, sewer, fuel, electricity, or communications. (MP, G-21). Structure: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. This includes, but is not limited to, buildings, walls, fences, roads, parking lots, signs, and additions/alterations to structures. (MP, G-19). GMA/SMA Guidelines Development Eligible For Expedited Review N. Decommission non-paved roads, including ripping the road surface, barriers, and revegetation. (MP, ). Practicable Alternative Test 1. An alternative site for a proposed use shall be considered practicable if it is available and the proposed use can be undertaken on that site after taking into consideration cost, technology, logistics, and overall project purposes. A practicable alternative does not exist if a project applicant satisfactorily demonstrates all of the following: A. The basic purpose of the use cannot be reasonably accomplished using one or more other sites in the vicinity that would avoid or result in less adverse effects on wetlands, ponds, lakes, riparian areas, wildlife or plant areas and/or sites. B. The basic purpose of the use cannot be reasonably accomplished by reducing its proposed size, scope, configuration, or density, or by changing the design of the use in a way that would avoid or result in less adverse effects on wetlands, ponds, lakes, riparian areas, wildlife or plant areas and/or sites. C. Reasonable attempts were made to remove or accommodate constraints that caused a project applicant to reject alternatives to the proposed use. Such constraints include inadequate infrastructure, parcel size, and land use designations. If a land use designation or recreation intensity class is a constraint, an applicant must request a Management Plan amendment to demonstrate that practicable alternatives do not exist. (See MP, I-3-41) The native surface road bed will not be expanded or modified in any form except for removal of small hazard trees less than 8 inches dbh, trimming of tree limbs, and if necessary, hand leveling small portions of the road through slide areas. The use of the 8000 feet of existing native surface road is the minimum necessary and meets the requirement of a review use for a temporary road to support the utility facility of a gas pipeline (2D). Decommissioning of the road is included as a project mitigation. It also meets the requirements of SMA Design Guidelines Based on Landscape Settings for the GorgeWalls, Canyonlands, and Wildlands Settings. See Mitigation Plan and Scenic Resource Guidelines. All other alternatives would require either the expansion of the native surface road, development of a new road, or creation of a large helicopter landing that requires cutting more trees and creating cut/fill slopes. It s also questionable if there are helicopters available that are large enough to fly in the necessary equipment. There is no practicable method to complete the investigational digs without the use of the native surface road. Page 5

6 Mitigation Plan Mitigation Plan requirements (See MP, I-3-41 to 45) Decommissioning will be completed to Forest Service standards. A barrier closure device or feature shall be constructed at the beginning of all passively and actively decommissioned roads to prevent vehicle access. Additionally the first portion of a road segment (~1/8 mile) would be made impassable by vehicles using mechanical methods (i.e., the road entrance would be obliterated so vehicles cannot travel beyond it). The road travelway surface shall be decompacted for the entire width (shoulder - shoulder) to a minimum depth of 18. Material generated from decompaction activity shall be turned and placed back into excavated crater. A minimum of 3 water bars shall be installed through entry treatment area. Use of local downed woody debris, stumps and boulders may be scattered about treated area. All exposed native soil shall be seeded and mulched. Decommissioning will occur within 1 year. Scenic Resources Table 1 displays the scenic standard for the project and the closest Key Viewing Area. SMA Applicable Scenic Resource Guidelines. Scenic Resource Policies 1. The appearance and character of the Landscape Settings within the SMA shall be protected. (Character is defined as the land use, landform and vegetation as described in the GMA Scenic Resources section of this chapter). 2. In developing conditions of approval, agencies shall emphasize those elements that, in combination, provide effective, long-term scenic resource protection. SMA Design Guidelines Based on Landscape Settings (buildings design guidelines not listed, see MP) 1. The following guidelines apply to all lands within the SMA landscape settings regardless of visibility from KVAs (includes areas seen from KVAs as well as areas not seen from KVAs) (MP, I-1-37/38) E. Gorge Walls, Canyonlands, and Wildlands: New developments and land uses shall retain the overall visual character of the natural-appearing landscape. (1) Structures, including signs, shall have a rustic appearance, use non- reflective materials, have low contrast with the surrounding landscape, and be of a Cascadian architectural style. Page 6 Findings The only review use is the temporary use of 8000 feet of discontinued native surface road that provides access to the ROW and its decommissioning. The applicant has agreed to close the native surface road and the Forest Service has required as a condition of approval a standard

7 (2) Temporary roads shall be promptly closed and revegetated. (3) New utilities shall be below ground surface, where feasible. (4) Use of plant species non-native to the Columbia River Gorge shall not be allowed. (MP, I-1-38) Forest Service road decommissioning protocol. SMA Guidelines for Development and Uses Visible from KVAs (Guidelines 9-14 are for building and not listed, SEE MP) 1. The guidelines in this section shall apply to proposed developments on sites topographically visible from key viewing areas. (MP, I-1-38) 2. New developments and land uses shall be evaluated to ensure that the required scenic standard is met and that scenic resources are not adversely affected, including cumulative effects, based on the degree of visibility from key viewing areas. (MP, I-1-38) 3. Required SMA Scenic Standards by Landscape Settings and Land Use Designation (Table,MP,I-1-38) Not Visually Evident 4. In all landscape settings, scenic standards shall be met by blending new development with the adjacent natural landscape elements rather than with existing development. (MP, I-1-39) 5. Proposed developments or land uses shall be sited to achieve the applicable scenic standard. Development shall be designed to fit the natural topography, to take advantage of landform and vegetation screening, and to minimize visible grading or other modifications of landforms, vegetation cover, and natural characteristics. When screening of development is needed to meet the scenic standard from key viewing areas, use of existing topography and vegetation shall be given priority over other means of achieving the scenic standard such as planting new vegetation or using artificial berms.(mp, I-1-39) 6. The extent and type of conditions applied to a proposed development or use to achieve the scenic standard shall be proportionate to its degree of visibility from key viewing areas. (MP, I-1-39) A. Decisions shall include written findings addressing the factors influencing the degree of visibility, including but not limited to: (1) The amount of area of the building site exposed to key viewing areas, (2) The degree of existing vegetation providing screening, (3) The distance from the building site to the key viewing areas from which it is visible, (4) The number of key viewing areas from which it is visible, and (5) The linear distance along the key viewing areas from which the building site is visible (for linear key viewing areas, such as roads). B. Conditions may be applied to various elements of proposed developments to ensure they are visually subordinate to their setting as seen from key viewing areas, including but not limited to: (MP, I-1-39) (1) Siting (location of development on the subject property, building orientation, and other elements), (2) Retention of existing vegetation, (3) Design (color, reflectivity, size, shape, height, architectural and design details and other elements), Page 7 As described in Table 1, none of the use of the 8000 feet of road or decommissioning is topographically visible from KVAs (source: GIS KVA layer). A map is included in the project record. Cumulative effect findings listed at end of document. The 8000 feet of native surface road is not visible from any KVA.. Not visible from any KVA.

8 (4) New landscaping. 7. Sites approved for new development to achieve scenic standards shall be consistent with guidelines to protect wetlands, riparian corridors, sensitive plant or wildlife sites and the buffer zones of each of these natural resources, and guidelines to protect cultural resources. (MP, I-1-38) 8. Proposed developments shall not protrude above the line of a bluff, cliff, or skyline as seen from key viewing areas. (MP, I-1-38) SMA Guidelines for KVA Foregrounds and Scenic Routes KVAs (Guideline 1-6 are specific to scenic routes, SEE MP) SMA Guidelines for Areas not seen from KVsA 1. Unless expressly exempted by other provisions in this chapter, colors of structures on sites not visible from key viewing areas shall be earth-tones found at the specific site. The specific colors or list of acceptable colors shall be approved as a condition of approval, drawing from the recommended palette of colors included in the Scenic Resources Implementation Handbook. (MP, I-1-43) Cultural Resources Forest Service staff has coordinated with the State SHPO and affected Tribes on the proposed project. SMA Cultural Resource Guidelines - Applicable GMA and SMA Cultural Resource Policies required that new developments or land uses shall not have adverse consequences to cultural resources. A four-step process shall be used to protect cultural resources that includes reconnaissance or historic surveys; an assessment of the effects of proposed uses on significant cultural resources; and the preparation of mitigation plans to avoid or minimize impacts to significant cultural resources (MP, Guideline 4, I-2-23). GMA Guidelines (MP, I-2-8) and SMA Cultural Resource Guideline #5 (MP, I-2-26) requires a determination of potential effects to significant cultural resources should include consideration of cumulative effects of proposed developments that are subject to any of the following: 1) reconnaissance or historic survey; 2) a determination of significance; 3) an assessment of effect; or 4) a mitigation plan (MP, I-2-26). Page 8 Findings Project as described meets guideline Maintenance of the native surface road does not require any cultural resource review. Demolition and rehabilitation of the native surface road location does not require any further cultural review because the project area occurs within a low probability zone that had previously been disturbed. Project requires the following conditions to meet this guideline: Project as described meets guidelines. The National Scenic Area Act does not allow actions that cause adverse effects. The cultural resource survey has been completed by a Forest Service archeologist. There are no unresolved adverse effects on significant cultural resources within the Columbia River Gorge National Scenic Area, and it is unlikely that any significant cultural resources are likely to exist; therefore, there will be no adverse cumulative effects because of this project. Project requires the following conditions to meet this guideline: Should any historic or prehistoric cultural resources be uncovered during project activities, the applicant shall cease

9 Natural Resource SMA Natural Resource Guidelines - Applicable 2. Water Resources (Wetlands, Streams, Ponds, Lakes, and Riparian Areas) A. All Water Resources shall, in part, be protected by establishing undisturbed buffer zones as specified in 2.A. (2)(a) and 2(b) below. These buffer zones are measured horizontally from a wetland, stream, lake, or pond boundary as defined below. (1) All buffer zones shall be retained undisturbed and in their natural condition, except as permitted with a mitigation plan. (MP, I-3-33) (2) Buffer zones shall be measured outward from the bank full flow boundary for streams, the high water mark for ponds and lakes, the normal pool elevation for the Columbia River, and the wetland delineation boundary for wetlands on a horizontal scale that is perpendicular to the wetlands, stream, pond or lake boundary. On the main stem of the Columbia River above Bonneville Dam, buffer zones shall be measured landward from the normal pool elevation of the Columbia River. The following buffer zone widths shall be required: (a) A minimum 200 foot buffer on each wetland, pond, lake, and each bank of a perennial or fish bearing stream, some of which can be intermittent. (b) A 50-foot buffer zone along each bank of intermittent (including ephemeral), non-fish bearing streams. (MP, I-3-33/34) 3) The buffer width shall be increased for the following: (a) When the channel migration zone exceeds the recommended buffer width, the buffer width shall extend to the outer edge of the channel migration zone. (b) When the frequently flooded area exceeds the recommended riparian buffer zone width, the buffer width shall be extended to the outer edge of the frequently flooded area. (c) When an erosion or landslide hazard area exceeds the recommended width of the buffer, the buffer width shall be extended to include the hazard area. (MP, I-3-34) (4) Buffer zones can be reconfigured if a project applicant demonstrates all of the following: (1) the integrity and function of the buffer zones is maintained, (2) the total buffer area on the development proposal is not decreased, (3) the width reduction shall not occur within another buffer, and (4) the buffer zone width is not reduced more than 50% at any particular location. Such features as intervening topography, vegetation, man-made features, natural plant or wildlife habitat boundaries, work and immediately notify the CRGNSA office and the Washington State Historic Preservation Office. The applicant should also notify the Indian Tribal governments within 24 hours if the resources are prehistoric or otherwise associated with Native American Indians. Findings A site plan was included in project application. The last two hundred feet of the road (almost exclusively on private land) are just within the 200-foot buffer zone of the East Fork of Major Creek. This is a perennial stream that is primarily non-fish bearing at this location. There was no request to re-configure this buffer. Within this buffer zone no road construction is proposed, nor is there any evidence of erosion leaving the road prism. The existing vegetation that is in place serves as an effective buffer if any off site erosion occurs. There are no adverse consequences to water resources from using the existing native surface road. There are no impacts from decommissioning the road. Page 9

10 and flood plain characteristics could be considered. (MP, I-3-34) (5) Requests to reconfigure buffer zones shall be considered if an appropriate professional (botanist, plant ecologist, wildlife biologist, or hydrologist) hired by the project applicant (1) identifies the precise location of the sensitive wildlife/plant or water resource, (2) describes the biology of the sensitive wildlife/plant or hydrologic condition of the water resource, and (3) demonstrates that the proposed use will not have any negative effects, either direct or indirect, on the affected wildlife/plant and their surrounding habitat that is vital to their long-term survival or water resource and its long-term function. (MP, I-3-34) (6) The local government shall submit all requests to re-configure sensitive wildlife/plant or water resource buffers to the Forest Service and the appropriate state agencies for review. All written comments shall be included in the project file. Based on the comments from the state and federal agencies, the local government will make a final decision on whether the reconfigured buffer zones are justified. If the final decision contradicts the comments submitted by the federal and state agencies, the local government shall justify how it reached an opposing conclusion. (MP, I-3-35) B. When a buffer zone is disturbed by a new use, it shall be replanted with only native plant species of the Columbia River Gorge. (MP, I-3-35) C. The applicant shall be responsible for identifying all water resources and their appropriate buffers (see above). (MP, I-3-35) D. Wetlands Boundaries shall be delineated using the following: (1) The approximate location and extent of wetlands in the Scenic Area is shown on the National Wetlands Inventory (U. S. Department of the Interior, 1987). In addition, the list of hydric soils and the soil survey maps shall be used as an indicator of wetlands. (2) Some wetlands may not be shown on the wetlands inventory or soil survey maps. Wetlands that are discovered by the local planning staff during an inspection of a potential project site shall be delineated and protected. (3) The project applicant shall be responsible for determining the exact location of a wetlands boundary. Wetlands boundaries shall be delineated using the procedures specified in the 1987 Corps of Engineers Wetland Delineation Manual (on-line Edition). (4) All wetlands delineations shall be conducted by a professional who has been trained to use the federal delineation procedures, such as a soil scientist, botanist, or wetlands ecologist. (MP, I-3-35) E. Stream, pond, and lake boundaries shall be delineated using the bank full flow boundary for streams and the high water mark for ponds and lakes. The project applicant shall be responsible for determining the exact location of the appropriate boundary for the water resource. (MP, I-3-35) F. The local government may verify the accuracy of, and render adjustments to, a bank full flow, high water mark, normal pool elevation (for the Columbia River), or wetland boundary delineation. If the Use of the existing native surface road will not disturb the buffer zone. No mitigation is required. Page 10

11 adjusted boundary is contested by the project applicant, the local government shall obtain professional services, at the project applicant's expense, or the local government will ask for technical assistance from the Forest Service to render a final delineation. (MP, I-3-35) G. Buffer zones shall be undisturbed unless the following criteria have been satisfied: (1) The proposed use must have no practicable alternative as determined by the practicable alternative test. Those portions of a proposed use that have a practicable alternative will not be located in wetlands, stream, pond, lake, and riparian areas and/or their buffer zone. (MP, I-3-36) (2) Filling and draining of wetlands shall be prohibited with exceptions related to public safety or restoration/enhancement activities as permitted when all of the following criteria have been met: (a) A documented public safety hazard exists or a restoration/ enhancement project exists that would benefit the public and is corrected or achieved only by impacting the wetland in question, and (b) Impacts to the wetland must be the last possible documented alternative in fixing the public safety concern or completing the restoration/enhancement project, and (c) The proposed project minimizes the impacts to the wetland. (MP, I-3-36) (3) Unavoidable impacts to wetlands and aquatic and riparian areas and their buffer zones shall be offset by deliberate restoration and enhancement or creation (wetlands only) measures as required by the completion of a mitigation plan. (MP, I-3-36) 3. Wildlife and Plants A. Protection of sensitive wildlife/plant areas and sites shall begin when proposed new developments or uses are within 1000 ft of a sensitive wildlife/plant site and/or area. Sensitive Wildlife Areas are those areas depicted in the wildlife inventory and listed in Tables 4 and 7, including all Priority Habitats listed in this Chapter. The approximate locations of sensitive wildlife and/or plant areas and sites are shown in the wildlife and rare plant inventory. (MP, I-3-36/37) C. The Forest Service wildlife biologists and/or botanists, in consultation with the appropriate state biologists, shall review the site plan and their field survey records. They shall: (1) Identify/verify the precise location of the wildlife and/or plant area or site, A practicable alternative test has been completed. The native surface road is within the Major Creek Natural Area on west facing aspect slopes that are predominantly Douglas-fir forest with scattered ponderosa pine. While scattered pockets of Old Growth Forest Habitat may be present in the more inaccessible areas of the Major Creek Natural Area, none were identified along the native surface road corridor. Oregon white oak is present but is not a dominant forest type. Oregon white oak and Western gray squirrel habitat are within 1000 feet of the road on east aspects slopes immediately west of the east fork of Major Creek but will not be impacted from the proposed project. Deer and elk may be present but no other wildlife areas or sites are present. A sensitive flora, Lomatium suksdorfii (Suksdorf s dersert parsley) may be present within 1000 feet of the native surface road. Oregon white oak habitat on the west side of the east fork of Page 11

12 (2) Determine if a field survey will be required, (3) Determine, based on the biology and habitat requirements of the affected wildlife/plant species, if the proposed use would compromise the integrity and function of or adverse affects (including cumulative effects) to the wildlife or plant area or site. This would include considering the time of year when wildlife or plant species are sensitive to disturbance, such as nesting, rearing seasons, or flowering season, and (4) Delineate the undisturbed 200 ft buffer on the site plan for sensitive plants and/or the appropriate buffer for sensitive wildlife areas or sites, including nesting, roosting and perching sites. (See 4a, b, c for requirements for reducing buffer zones) (MP, I-3-37/38) Major Creek cannot be impacted from the proposed activities. A population of Lomatium suksdorfii (Suksdorf s dersert parsley) is known on the west side of the east fork of Major Creek, just south of the pipe line corridor. The proposed project will not impact this population. The project area is within deer winter range. A biological evaluation was completed for this project and is included in the project record. Much of the native surface road travels through northern spotted owl suitable nesting/roosting habitat. The noise from chainsaw operation/heavy equipment operation has the potential to adversely impact potential nesting northern spotted owls if done from March 1 June 30 according to the most recent Gifford Pinchot NF Programmatic Document (1/19/2010). Therefore, chainsaw/heavy equipment must occur starting after July 1 on the native surface road. With chainsaw/heavy equipment use limited to July 1 through September 30, the removal of hazard trees from the native surface road is Not Likely To Adversely Affect the Northern Spotted owl. There is a No Effect determination for noise disturbance to the spotted owl from October 1st through February 28th.. Chainsaws and heavy equipment may be used along the native surface road between July 1 through February 28 th. The vehicle proposed to transport men and material down the road is not considered a piece of heavy equipment. Hand saws can be used at any time outside this period. D. The local government, in consultation with the State and federal wildlife biologists and/or botanists, shall use the following criteria in reviewing and evaluating the site plan to ensure that the proposed developments or uses do not compromise the integrity and function of or result in adverse affects to the wildlife or plant area or site: If the Forest Service biologist determines that the area where the native surface road is located is needed for winter range, no mechanized equipment will be used between December 15 March 1 to reduce cumulative disturbance to deer/elk on their designated winter range. This includes all forms of vehicular travel (including the proposed vehicle to transport men and equipment) on the native surface road. Wildlife or plant area sites are located on the west side of the east fork Major Creek, cannot be impacted by the use of the native Page 12

13 (1) Published guidelines regarding the protection and management of the affected wildlife/plant species. Examples include: the Oregon Department of Forestry has prepared technical papers that include management guidelines for osprey and great blue heron; the Washington Department of Wildlife has prepared similar guidelines for a variety of species, including the western pond turtle, the peregrine falcon, and the Larch Mountain salamander (Rodrick and Milner 1991). (2) Physical characteristics of the subject parcel and vicinity, including topography and vegetation. (3) Historic, current, and proposed uses in the vicinity of the sensitive wildlife/plant area or site. (4) Existing condition of the wildlife/plant area or site and the surrounding habitat and the useful life of the area or site. (5) In areas of winter range, habitat components, such as forage, and thermal cover, important to the viability of the wildlife must be maintained or, if impacts are to occur, enhancement must mitigate the impacts so as to maintain overall values and function of winter range. (6) The site plan is consistent with the "Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources" (Oregon Department of Fish and Wildlife 2000) and the Washington guidelines when they become finalized. (7) The site plan activities coincide with periods when fish and wildlife are least sensitive to disturbance. These would include, among others, nesting and brooding periods (from nest building to fledgling of young) and those periods specified. (8) The site plan illustrates that new developments and uses, including bridges, culverts, and utility corridors, shall not interfere with fish and wildlife passage. (9) Maintain, protect, and enhance the integrity and function of Priority Habitats (such as old growth forests, talus slopes, and oak woodlands) as listed on the following Priority Habitats Table. This includes maintaining structural, species, and age diversity, maintaining connectivity within and between plant communities, and ensuring that cumulative impacts are considered in documenting integrity and function. (See MP for Priority Habitat Table) (MP, I-3-38/39) E. The wildlife/plant protection process may terminate if the local government, in consultation with the Forest Service and state wildlife agency or Heritage program, determines (1) the sensitive wildlife area or site is not active, or (2) the proposed use is not within the buffer zones and would not compromise the integrity of the wildlife/plant area or site, and (3) the proposed use is within the buffer and could be easily moved out of the buffer by simply modifying the project proposal (site plan modifications). If the project applicant accepts these recommendations, the local government shall incorporate them into its development review order and the wildlife/plant protection process may conclude. (MP, I-3-40) F. If the above measures fail to eliminate the adverse affects, the proposed project shall be prohibited, unless the project applicant can meet the Practicable Alternative Test and prepare a mitigation plan to offset the adverse effects by deliberate restoration and enhancement. (MP, I-3-40) Soil Productivity A. Soil productivity shall be protected using the following guidelines: (1) A description or illustration showing the mitigation measures to control soil erosion and stream sedimentation. (MP, I-3-40) surface road nor its decommissioning and there are no adverse affects. Potential adverse affects to Deer/Elk Winter Range or Northern Spotted Owl Habitat are mitigated through the implementation of timing restrictions. No new development is proposed for the use of the 8000 feet of native surface road. Decommissioning will not impact soil productivity. Page 13

14 (2) New developments and land uses shall control all soil movement within the area shown on the site plan. (MP, I-3-41) (3) The soil area disturbed by new development or land uses, except for new cultivation, shall not exceed 15 percent of the project area. (MP, I-3-41) (4) Within 1 year of project completion, 80 percent of the project area with surface disturbance shall be established with effective native ground cover species or other soil-stabilizing methods to prevent soil erosion until the area has 80 percent vegetative cover. (MP, I-3-41) Recreation Resources SMA Recreation Resource Guidelines Applicable (Guidelines 5-7 not listed, SEE MP) 1. New developments and land uses shall not displace existing recreational use. (MP, I-4-25) Findings Project as described meets guideline The closest recreation use area is approximately three - four miles south at the bottom of the Major Creek drainage. The proposed project will not impact nor displace existing recreational use. 2. Recreation resources shall be protected from adverse effects by evaluating new developments and land uses as proposed in the site plan. An analysis of both onsite and offsite cumulative effects shall be required. (MP, I-4-25) 3. New pedestrian or equestrian trails shall not have motorized uses, except for emergency services. (MP, I-4-25) 4. Mitigation measures shall be provided to preclude adverse effects on the recreation resource. (MP, I-4-25) SMA Provisions: Recreation Intensity Classes SMA Guidelines Project as described meets guideline Adverse and cumulative effects are described at the end of this document. Project as described meets guideline Project as described meets guideline There are no adverse affects to recreation resources. The Recreation Intensity Class guidelines do not apply to project. Page 14

15 SMA Cumulative Effect Findings Scenic, Natural, and Recreation Resources Cumulative Effect Findings SMA Guidelines for development and uses visible from KVA Guideline #2 - New developments and land uses shall be evaluated to ensure that the required scenic standard is met and that scenic resources are not adversely affected, including cumulative effects, based on the degree of visibility from key viewing areas. (MP, I-1-38) SMA Guidelines 2H requires that a determination of potential natural resources effects shall include consideration of cumulative effects of proposed developments within the following areas: wetlands, streams, ponds, lakes, riparian areas and their buffer zones. (Added: U.S. Sec. Ag. concurrence 7/1/11) (MP, I-3-36) SMA Guidelines 3I requires that a determination of potential natural resources effects shall include consideration of cumulative effects of proposed developments within the following areas: 1) sites within 1,000 feet of sensitive wildlife areas and sites; and 2) sites within 1,000 feet of rare plants. (Added: U.S. Sec. Ag. concurrence 7/1/11) (MP, I-3-40) SMA Guideline 2. Recreation resources shall be protected from adverse effects by evaluating new developments and land uses as proposed in the site plan. An analysis of both onsite and offsite cumulative effects shall be required. (MP, I-4-25) Cumulative effects are defined in the Management Plan as: The combined effects of two or more activities. The effects may be related to the number of individual activities, or to the number of repeated activities on the same piece of ground. Cumulative effects can result from individually minor but collectively significant actions taking place over a period of time (MP, Glossary-6). Adverse effects are defined in the Act at 16 USC Sec (a) and are used in this analysis. Findings Project as described meets guideline See Below Project requires the following condition to meet this guideline This project has no adverse effects to scenic resources as seen from any KVA because no new development is proposed for the use of the 8000 feet of existing road and its subsequent decommissioning. This project will use a very small portion of the road within the buffer zone of the East Fork of Major Creek, but will have no adverse effects to water resources as described in the Natural Resource section findings. The project is within 1000 ft of a sensitive flora and a priority habitat, but they are on the other side of the creek and cannot be impacted, so there are no adverse effects to these sites. Timing restrictions are in place to mitigate potential impacts to neutral for deer winter range and northern spotted owl roosting habitat. There are no adverse effects to recreation resources. The only reasonable future actions are future maintenance activities associated with pipeline maintenance. This project, combined with existing and continued pipeline maintenance, will have no adverse effect, including cumulative adverse effects to any scenic, natural, or recreational resources. Page 15