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May 14, 2013

Irene Davidson Naches Ranger District 10237 U.S. Highway 12 Naches, WA 98937 RE: 1702 System Flood Repair

Dear Interested Party,

The Naches Ranger District of the Okanogan-Wenatchee National Forest is proposing to address flood damage within the Forest System Road (FSR) 1702 System. This includes damage sites on FSR 1702 at mile post 1.0 and FSR 1702-550 at mile post 0.2. The purpose of this letter is to both inform you of our proposed action and solicit substantive comments. Any input you may have will assist my interdisciplinary team and I as we move forward with this project. This project is categorically excluded from documentation in an Environmental Assessment or Environmental Impact Statement and will be documented in a Decision Memo. A detailed proposed action is attached to this letter.

Due to the recent judicial ruling of March 19, 2012, Sequoia ForestKeeper v. Tidwell by the U. S. District Court for the Eastern District of California in Case Civ. No. CV F 11-679 LJO DLB, projects categorically excluded (CEs) from documentation in an Environmental Assessment or Environmental Impact Statement are now subject to notice, comment and appeal procedures under 36 CFR 215.6(a). The Naches Ranger District is providing a formal comment period to conform to the court’s ruling. The formal requirements to submit comments and obtain standing to appeal the project are described below. The 1702 System Flood Repair project was previously planned to be an Environmental Assessment (EA). In light of recent environmental findings, the planning team determined that a CE was a more appropriate analysis document. The Finding of No Extraordinary Circumstances can be found within the Proposed Action on page 2 (attached). How to Comment and Timeframe

Individuals, organizations and tribal governments wishing to be eligible to appeal must meet the information requirements of 36 CFR 215.6. Written comments, including email, shall include: your name, address, email and (if available) telephone number; title of the proposed project on which you are commenting; specific facts or comments along with supporting reasons that you believe the Responsible Official should consider in reaching a decision; and your signature as an individual or as a representative of an organization or tribal government. Comments submitted anonymously will be accepted and considered; however, those who only submit anonymous comments will not have standing to appeal the subsequent decision, pursuant to 36 CFR Part 215.

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Written, facsimile, hand-delivered, oral, and electronic comments concerning this action will be accepted for 30 calendar days following the publication of this notice in the Wenatchee World. The publication date in the newspaper of record is the exclusive means for calculating the comment period for this analysis. Those wishing to comment should not rely upon dates or timeframe information provided by any other source. The regulations prohibit extending the length of the comment period. It is the responsibility of persons providing comments to submit them by the close of the comment period. Written comments must be submitted to: Irene Davidson, Naches Ranger District, 10237 U.S. Highway 12, Naches, WA 98937. Phone: (509) 653-1401; FAX: (509) 653-2638. The office business hours for those submitting hand-delivered comments are: Monday-Friday 8am– 12:00pm, 12:30pm-4:30pm, except for legal holidays. Oral comments must be provided at the Responsible Official’s office during normal business hours via telephone (509) 653-1401 or in person. Electronic comments must be submitted to comments-pacificnorthwest-wenatchee-naches@fs.fed.us. Those submitting electronic copies must do so only to the e-mail address listed above, must put the project name in the subject line, and must either submit comments as part of the e-mail message or as an attachment only in one of the following three formats: Microsoft Word, rich text format (rtf) or Adobe Portable Document Format (pdf). E-mails submitted to e-mail addresses other than the one listed above or in other formats than those listed or containing viruses will be rejected. It is the responsibility of all individuals, organizations and tribal governments to ensure their comments are received in a timely manner. 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 the comments, it is the sender’s responsibility to ensure timely receipt by other means. Thank you for your interest in the management of the Okanogan-Wenatchee National Forest. -Naches Ranger District Enclosures: Draft Decision Memo with Proposed Action

Project Vicinity Map

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Draft Decision Memo

Categorical Exclusion 1702 System Flood Repair Project

USDA, Forest Service

Okanogan-Wenatchee National Forest Naches Ranger District

Yakima, WA Proposed Action The Naches Ranger District proposes to address flood damage within the 1702 Road System. The project proposes to repair and re-open Forest System Road (FSR) 1702 and decommission the crossing at FSR 1702-550 mile post 0.2. The repair of FSR 1702 mile post 1.0 would consist of installing a concrete wall approximately 60 feet in length and 14 feet high. The roadway would be backfilled with road fill and the aggregate surface would be replaced through the damaged area. The road would be returned to its pre-flood alignment and single lane width. The decommissioning at FSR 1702-550 would include closing the road before the crossing and removing the existing failed culvert. Any road fill material near the active channel or floodplain would also be removed. The stream bed and banks would be reconstructed to simulate a near-by stream reference reach. Disturbed areas adjacent to the stream would be vegetated with grasses to reduce sediment transport to the stream. FSR 1700-550 would be closed at mile post 0.2 but the remainder of the road would not be decommissioned. Location Forest System Road 1702 is also known as Rock Creek Road. This road is a Maintenance Level III Road1 and is managed by the Naches Ranger District. The damaged site is located in Township 16N, Range 15E, Section 8/9. The road is currently closed from mile post 1.0 to 1.1. The project site on FSR 1702 mile post 1.0 is located on private land. 1 USDA Forest Service 2005.Guidelines for Road Maintenance Levels. http://www.fs.fed.us/eng/pubs/pdf/05771205.pdf

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Figure 2: FSR 1702-550 mile post 0.2

Forest System Road 1702-550 is a spur road that connects with FSR 1702. It is a Maintenance Level II road and is located on the Naches Ranger District. The damaged site is located in Township 16N, Range 15E, Section 4. Figure 2 shows the damaged area and the exposed failed culvert.

Category This type of project is identified in 36 CFR 220.6 (d) 4, as an action that may be excluded from documentation in an Environmental Assessment or Environmental Impact Statement. This category is not required to have a project file or Decision Memo, but, it was determined that to best meet public expectations, a Decision Memo as per 36 CFR 215.6 (a) will be prepared. Category 4 includes: "Repair and maintenance of roads, trails, and landline boundaries.” A Categorical Exclusion is appropriate because there are no extraordinary circumstances that could potentially result in a significant effect on the environment as described below. Findings of No Extraordinary Circumstances 1. Federally listed threatened or endangered species or their critical habitat, species or critical habitat proposed for Federal listing, or Forest Service sensitive species:

Threatened, Endangered, and Sensitive Species: The effects determinations for wildlife with this project proposal are covered within the Wildlife Specialist Report (project file). For terrestrial wildlife species: there is a “No effect” determination for the grizzly bear, marbled murrelet, Canada lynx, North American wolverine, Pacific fisher, northern spotted owl, and Designated Critical Habitat for the northern spotted owl and Canada lynx. There is a “May affect, not likely to adversely affect” determination for the gray wolf. This project is found to have “No impact” to any sensitive wildlife species found on the Okanogan-Wenatchee Forest. For local beaver, ruffed grouse, willow flycatcher and calliope humming bird the effects will be minor and “May impact individuals, but not likely to lead towards trends of federal listing or loss of population viability.”

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For primary cavity excavators, this project “May impact individuals, but would not likely lead towards trends of federal listing or loos of population viability.” Impacts to all landbird habitats are expected to be negligible due to the small amount of habitat potentially altered. Willow flycatcher and calliope humming bird effects discussion is included with the beaver and ruffed grouse, since they depend on riparian shrubby habitat. This project is in compliance with Executive Order 13186, Conservation of Migratory Birds related to the Migratory Bird Treaty Act (MBTA) of 1918, as amended.

• Aquatic Organisms: The effects determination for aquatic organisms within this document are covered under the Fisheries Specialist Report (in project file). There is a “No effect” determination for ESA-listed species, critical habitat, and management indicator species fish and their habitat and “No impact” to R6 sensitive salmonids. Hydrological, distance and geological conditions prevent sediment transport from the project location to downstream critical habitat in Rock creekfor MCR Steelhead(0.45 miles downstream). There will be no adverse impact to Essential Fish Habitat as defined in the Magnuson – Stevens Fishery Conservation Act because there is no Essential Fish habitat at the project sites in Rock Creek.

• Plants: A Biological Evaluation was completed and is in the project analysis file. No

Federally listed Threatened, Endangered, Sensitive, or Survey and Manage species were identified within the project area; therefore, there will be “No effect” to these species. If rare species of plants, bryophytes, lichens, or fungi (Threatened, Endangered, Sensitive, Survey & Manage) are found during implementation of the project, a botanist would establish protection measures so these species are not impacted.

2. Flood plains, wetlands, or municipal watersheds No municipal watersheds are within or adjacent to the project areas. Wetland areas and floodplains do exist within the project area. Effects to these areas are limited. In the short term during higher flow events, some increase in fine sediment levels may occur until vegetation is established on newly constructed fill slopes. For both sites, no measureable change in sediment or turbidity is expected as a result of construction activities downstream in the mainstem Naches River either in the short term or long term. The improved road crossing structures and fill stabilization designs at all the sites with this action alternative would result in an incremental benefit to overall watershed condition and improvement to water quality. There would be a reduction in risk of future flood damage at the project sites. Streamside Riparian Reserves, seeps and other wet habitats were assessed. Implementation of design features for Riparian Reserves will ensure compliance with Executive Order (EO) 11988 Floodplain Management (11988, 1977) and EO 11990 Wetland Protection (11990, 1977).

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Design features are expected to improve and restore the function of this area and will meet the intent of these executive orders. 3. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas No congressionally designated areas are within or adjacent to the project areas. 4. Inventoried roadless areas or potential wilderness areas No inventoried roadless or potential wilderness areas are within or adjacent to the project areas. 5. Research Natural Areas No Research Natural Areas are within or adjacent to the project areas. 6. American Indians and Alaska Native religious or cultural sites A government-to-government letter was sent to the tribe on July 10, 2012 describing the project and soliciting concerns and information regarding resources of interest to the tribe within the project area. The Yakama Nation has requested all associated reports be provided for the Yakama Nation to review prior to commencement of the proposed work. No specific concerns or issues have been brought forth. No effects to tribal customs or practices are anticipated. The U.S. government maintains a permanent legal obligation to exercise statutory and other legal authorities to protect tribal land, assets, resources, and treaty rights, as well as a duty to carry out the mandates of Federal law with respect to American Indian and Alaska Native Tribes. The Forest Service will continue to fulfill its trust responsibility through consultation with tribes. Adjustments to project implementation strategies could be made in order to eliminate or minimize impacts as appropriate when the Forest Service is made aware of activities and practices within their control that are impeding Tribal activities and practices. No Alaska Native religions or cultural sites are present in the project area. 7. Archaeological sites or historic properties or areas This project satisfies the 1997 Programmatic Agreement among USDA Forest Service Region 6 Advisory Council for Historic Preservation and the Washington State Historic Preservation Officer and compiles with Section 106 of the National Historic Preservation Act. As there are no known historic properties or cultural resources within the project area, it was determined the project would have “No effect.” Contracts for the project will include the Standard Clauses BT6.24 (Protection of Cultural Resources) and CT6.24 (Site Specific Protection Measures for Cultural Resources). These clauses allow the Forest service to modify or cancel portions of the contract to protect any newly discovered cultural resources. In the event that cultural resources

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are discovered as a result of project activity, all work in the vicinity of the discovery would cease until professionally assessed. For the complete Heritage specialist report and surveys, see the project file. Interested and Affected Agencies, Organizations and Persons Contacted After the 2011 flood event, sites along multiple roads within the 1700 Road System were granted Emergency Relief of Federally Owned Roads (ERFO) funding. The Project Initiation Letter (PIL) on October 5, 2011 directed the IDT to include a compilation of specialists and planners from the Cle Elum and Naches Ranger districts. The project was originally scoped as part of the 1700 Road System project, which is concurrently under separate analysis. For more information on the 1700 Road System Environmental Assessment please contact Michelle King at the Naches Ranger District, (509) 653-1420 or select the project at: http://www.fs.usda.gov/projects/okawen/landmanagement/projects. The 2013 Flood Repair Project Scoping Letter contained the proposal for the 1700 Road System including FSR 1702 and 1702-550. The tribal scoping letter was sent to the Yakama Nation on July 10, 2012 and on July 20, 2012 the public scoping letter was sent to over 1,000 recipients. The IDT received a total of 66 comments on roads within the 1700 and 1702 system during the scoping period. Comments included:

• 58 individual public comments • Pacific Northwest 4-Wheel Drive Association (PNW4WD) • Washington State Department of Fish and Wildlife • NOAA Fisheries • Yakama Nation • S. Martinez Livestock Inc., Naches and Nile Allotment Permittee • Washington State Parks and Recreation Commission • Nile Cliffdell Fire Department • Washington State Department of Transportation

Topics within the comments included safety concerns, firefighting access, travel access, illegal use, recreational access, hunting access, capital improvement retention, economics, wildlife habitat improvement, aquatic habitat improvement, access for allotment operations, and access for the elderly. For a complete list of comments and topics, see the project file. Agencies consulted includes NOAA Fisheries and US Fish and Wildlife Service. Agencies notified includes WA Department of Fish and Wildlife, WA Department of Natural Resources, WA Department of Ecology, WA State Parks and Recreation, Yakima County Sheriff’s Office, and Yakima Regional Clean Air Agency. Findings required by other laws U.S. Forest Service Direction

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I have reviewed the Okanogan National Forest Land and Resource Management Plan and Record of Decision 1989 (Forest Plan), as amended by the Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within the Range of the Northern Spotted Owl (Northwest Forest Plan, 1994) and the Pacific Northwest Region Invasive Plant Program 2005, and have determined that the project is consistent with the amended Forest Plan goals, objectives, and standards and guidelines. Mile post 1.0 on FSR 1702 is located on private property; therefore, it is not managed under any Forest Service land allocations. For the purpose of this project, this site will be treated like it is within a Riparian Reserve under the Northwest Forest Plan. Mile post 0.2 on FSR 1702-550 is considered Riparian Reserve and Matrix under the Northwest Forest Plan and General Forest Land under the Wenatchee Land and Resource Management plan allocations (See Attached Project Vicinity Map). Riparian Reserves are portions of the watersheds where riparian-dependent resources receive primary emphasis and where specific standards and guidelines apply. Standards and guidelines prohibit and regulate activities in the Riparian Reserve that retard or prevent attainment of the Aquatic Conservation Strategy objectives. This project will be consistent with the outlined objectives. Matrix and General Forest land allocations typically have a mixed-use management strategy and are outside the other designated land management categories. This project is consistent with 2001 Record of Decision and Standards and Guidelines for Amendments to the Survey and Manage, Protection Buffer, and Other Mitigation Measures Standards and Guidelines (USDA and USDA 2001). Using the 2001 Survey and Manage list, vertebrate and invertebrate species of interest within Northwest Forest Plan lands whose range includes the Okanogan-Wenatchee National Forest are: great gray owl, Larch Mountain salamander, Puget Oregonian, masked duskysnail, Chelan mountainsnail, and blue-gray taildropper. Pre-disturbance surveys are not required for any of these survey and manage species as the 1702 System Flood Repair Project is outside the Chelan mountainsnail’s range, outside the breeding range of the great gray owl (USDA Forest Service 2005) and habitat and/or presence does not exists for the Larch Mountain salamander, Puget Oregonian, masked duskysnail, and blue-gray taildropper. Therefore this project will have “No impact” on any wildlife Survey and Manage species. For more discussion regarding survey and manage invertebrate and invertebrate species list for the Forest refer to Survey & Manage Tracking Form in analysis file. No botanical Survey and Manage species were identified, see Plants on page 3. Additional National, State, Local Laws and Direction This project does not include any burning or actions that would cause more than incidental dust. The project will not compromise air quality and is therefore consistent with the Clean Air Act of 1963 as amended. This project is consistent with the Clean Water Act of 1985. Turbidity increases are not expected to be measurable beyond a distance of approximately 1000 feet or less below a particular work

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site and only for the period of time when actual in-channel work is occurring. If both sites on the 1702 system are being constructed at the same time, measurable turbidity increases are not expected to overlap because of the more than one mile of stream length between sites. Dissipation and settling of fine sediment will occur between sites so that increases in turbidity would still not be measurable more than 1000 feet below the lowest site on 1702. This project will not disproportionately affect any social groups or civil rights. This project includes purchased work, Forest Service contracted work, and Forest Service employee accomplished work. Under Executive Order 11246 (1965), companies with the Federal contracts or subcontracts are prohibited from job discrimination on the basis of race, color, religion, sex or national origin. The U.S. Department of Agriculture prohibits discrimination in its employment practices based on race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital and family status. This project will not have any disparate effects on any consumers, minority groups, women, civil rights, or social/ethnic groups. All contracts would meet Equal Employment Opportunity requirements. This project is in compliance with Executive Order 12898, Environmental Justice. Scoping did not identify any potential disproportionately high or adverse human health or environmental effects that will adversely affect minority or low-income populations as a result of this project. The project meets the requirements of the Endangered Species Act, the National Historic Protection Act and the Magnuson – Stevens Fishery Conservation Act as discussed under the Findings of No Extraordinary Circumstances above. Implementation Date The Naches Ranger District plans to begin construction on July 2013. In-stream work will only occur during the approved window of July 1st- August 15th. Construction is estimated to be completed by November 2014. Comments and Appeals Individuals, organizations and tribal governments wishing to be eligible to appeal must meet the information requirements of 36 CFR 215.6. Written comments, including email, shall include: your name, address, email and (if available) telephone number; title of the proposed project on which you are commenting; specific facts or comments along with supporting reasons that you believe the Responsible Official should consider in reaching a decision; and your signature as an individual or as a representative of an organization or tribal government. Comments submitted anonymously will be accepted and considered; however, those who only submit anonymous comments will not have standing to appeal the subsequent decision, pursuant to 36 CFR Part 215. Written, facsimile, hand-delivered, oral, and electronic comments concerning this action will be accepted for 30 calendar days following the publication of this notice in the Wenatchee World. The publication date in the newspaper of record is the exclusive means for calculating the

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comment period for this analysis. Those wishing to comment should not rely upon dates or timeframe information provided by any other source. The regulations prohibit extending the length of the comment period. It is the responsibility of persons providing comments to submit them by the close of the comment period. Written comments must be submitted to: Irene Davidson, Naches Ranger District, 10237 U.S. Highway 12, Naches, WA 98937. Phone: (509) 653-1401; FAX: (509) 653-2638. The office business hours for those submitting hand-delivered comments are: Monday-Friday 8am– 12:00pm, 12:30pm-4:30pm, except for legal holidays. Oral comments must be provided at the Responsible Official’s office during normal business hours via telephone (509) 653-1401 or in person. Electronic comments must be submitted to comments-pacificnorthwest-wenatchee-naches@fs.fed.us. Those submitting electronic copies must do so only to the e-mail address listed above, must put the project name in the subject line, and must either submit comments as part of the e-mail message or as an attachment only in one of the following three formats: Microsoft Word, rich text format (rtf) or Adobe Portable Document Format (pdf). E-mails submitted to e-mail addresses other than the one listed above or in other formats than those listed or containing viruses will be rejected. It is the responsibility of all individuals, organizations and tribal governments to ensure their comments are received in a timely manner. 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 the comments, it is the sender’s responsibility to ensure timely receipt by other means. Contact Persons For further information, contact Michelle King (509) 653-1420 at the Naches Ranger District, 10237 U.S. Highway 12, Naches, WA 98937.

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This product is produced from information prepared by the USDA,Forest Service, or from other suppliers. The Forest Service can not

assure the reliability or suitability of this information for a particularpurpose. The data and product accuracy may vary due to

compilation from various sources, including modeling andinterpretation, and may not meet National Map Accuracy Standards. This information may be updated, corrected, or otherwise modified

without notification. For more information contact: The Naches Ranger District at (509) 653-1400.

Created February 25, 2013, by C. S. OwnbyUSDA FS R6 DRM

Okanogan Wenatchee National ForestNaches Ranger District

ERFO 2013 Flood Repair ProjectForest Service Road 1702

_̂ ERFO NEPA Flood Damage Sites

Road SystemMajor StreamsForest BoundaryRiparian ReservesPrivate Land Ownership

Northwest Forest Plan Land AllocationsLate-Successional ReservesMatrixPrivate

Wenatchee Forest Plan Land AllocationsEW1--Key Deer/Elk HabitatGF--General ForestPVT--PrivateST1--Scenic Travel RetentionST2--Scenic Travel Partial Retention

50 0.5 10.25

Miles